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Home My WebLink AboutSeptember 15, 2015CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICEMAYOR LOUIS R. JONES, Bayside -District 4 M. BENJAMIN DAVENPORT, At Large ROBERTM. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 SHANNON DS KANE, Rose Hall - District 3 JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER JAMESK SPORE CITYA77ORNEY - MARK D. STILES CITYASSESSOR JERALDD.BANAGAN CITY AUDITOR- LYNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 15 September 2015 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - A. DEVELOPMENT AUTHORITY- Annual Report Warren Harris, Director — Economic Development II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION i�rr e�j}/7'lj 9f OUM N.T�pe�,�[ CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-4005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vhgov. cont 5:00 PM 5:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ed Martin, Pastor Francis Ashbury United Methodist Church 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 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Acquisition of Property — Agricultural Reserve Program (ARP) 1619 North Muddy Creek Road 2. Lease of City -owned Property 912 Princess Anne Road — "Old Creeds Library" 3. Byrne Memorial Justice Grant 4. 2016 Legislative Agenda to the Virginia General Assembly September 1, 2015 I. ORDINANCES I. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement and issuance of the City's contractual obligation in the maximum amount of $565,264 to the Bourroughs Family Revocable Trust at 1619 North Muddy Creek Road 2. Ordinances to AUTHORIZE and EXECUTE Leases: a. Senior Resource Center, Inc. re services for Senior Citizens at 912 Princess Anne Road b, Tidewater Youth Services Commission re Lynnhaven Boys Home at 2293 Lynnhaven Parkway 3. Ordinance to AUTHORIZE and EXECUTE Modifications to the Parking Facilities Lease with Lynnhaven Mall, LLC re relocation of parking spaces at the Mall 4. Ordinance to ACKNOWLEGE the intended purchase of Light Rail Vehicles by Hampton Roads Transit with available State funding 5. Resolution to AUTHORIZE and EXECUTE a letter to Hampton Roads Transit for the use of $5,000,000 Federal Transit Administration Grant funds re their portion of the Norfolk Southern Railway right-of-way purchase 6. Resolution to AUTHORIZE a contract between the Community Services Board and the Commonwealth of Virginia re Mental Health, Retardation and Substance Abuse Services 7. Ordinance to EXECUTE an Amended Design Agreement with the U.S. Army Corps of Engineers re Lynnhaven River Basin Ecosystem Restoration Ordinances to ACCEPT and APPROPRIATE Grant Funds: a. $1,386,000 from the U.S. Department of Homeland Security for Staffing for Adequate Fire and Emergency Response (SAFER) re twelve (12) new firefighter positions b. $366,251 from the US Field Hockey Association re Sportsplex repairs, renovations and field maintenance c. $95,475 in Edward Byrne Justice Assistance: 1. $41,438 Sheriff 2. $37,949 Police 3. $16,478 Community Corrections and Pretrial Department d. $75,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) re community based resources for older adults e. $60,060 from the Division of Motor Vehicles (DMV) and TRANSFER $30,030 to Police re DUI enforcement f. $52,000 from the Division of Motor Vehicles (DMV) and TRANSFER $26,000 to Police re seat belt enforcement g. $51,441 remaining balance in an interest free loan to Ocean Park Volunteer Rescue Squad, Inc. re ambulance replacement h. $1,000 from Walmart to Fire re the Community Emergency Response Team (CERT) Program J. PLANNING 1. 2700 INTERNATIONAL PARKWAY CORP for Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business (approved May 14, 2002); and a Conditional Use Permit re a Mini -Warehouse at 3132 Sturbridge Court DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 2. KAWLIGA DUKES for a Subdivision Variance re a single-family home and private drive at 2884 Indian River Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL 3. IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for a Conditional Use Permit re a Private School at 4413 Wishart Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 4. STAIN STUDIOS and OLD BRANDON LASKIN ASSOCIATES, LLC for a Conditional Use Permit re aTattoo Parlor at 1721 Laskin Road DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 5. ESPERANZA FORONDA and JERRY and ESPERANZA FORONDA for a Conditional Use Permit re Assisted Living Housing for Seniors and Disabled Persons at 4672 Indian River Road DISTRICT I — CENTERVILLE. RECOMMENDATION: APPROVAL 6. CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment re multiple family units at 596 Sea Oats Way DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 7. Applications of CITY OF VIRGINIA BEACH: a. Conditional Change of Zoning from 1-1 Industrial to B-4 Mixed -Use District and Conditional Use Permits re the Housing Resource Center for the Homeless at 104 Witchduck Road DISTRICT 4 — BAYSIDE. RECOMMENDATION: APPROVAL b. AMEND Chapter 2 of the Comprehensive Plan re inclusion of all Strategic Growth Areas (SGA) as meeting the intent of the Virginia Code as Urban Development Areas. RECOMMENDATION: APPROVAL K. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD — CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 9/15/15 st I. CITY COUNCIL'S BRIEFING - Conference Room - 5:00 PM A. DEVELOPMENT AUTHORITY- Annual Report Warren Harris, Director — Economic Development II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ed Martin, Pastor Francis Ashbury United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 1, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. Acquisition of Property — Agricultural Reserve Program (ARP) 1619 North Muddy Creek Road 2. Lease of City -owned Property 912 Princess Anne Road — "Old Creeds Library" 3. Byrne Memorial Justice Grant 4. 2016 Legislative Agenda to the Virginia General Assembly NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 50.47 acres of land located at 1619 N. Muddy Creek Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the areas rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and deter the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $565,264. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing, which may be continued or adjourned, will be held by the City Council on September 15, 2015, at 6:00 p.m. in the City Council Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk BEACON: August 30 & September 6, 2015 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on September 15, 2015 at 6:00 PM in the Council Chamber of the City Hall Building (Building #!1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtain Public Comment on the City's proposal to lease the following properties: The City -owned building located on a portion of 912 Princess Anne Road (GPIN: 2400-50- 4742), known as the "Old Creeds Library," to Senior Resource Center, Inc. if you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Buil g 18, at the Virg,tn,a Beach nicipai Center - (75) 385-5 Ruth aser, MMC City C Beacon: September 6, 2015 NOTICE OF PUBLIC HEARING Public Hearing re: Department of Justice Byrne Memorial Justice Assistance Grant: Allocation of $95,475 for various law enforcement / criminal justice projects On Tuesday, September 15, 2015, at 6:00 P.M. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on the proposed allocation of the Byrne Memorial Justice Assistance Grant. It is proposed that the $95,475 be allocated for the following purposes: Project Description Deots. Amount Electronic Sheriff $41,048 Movement system and building Improvements Forensic Police $37,949 software, hardware and training Computers, Comm. $16,478 printers Corrections and intoxilyzers Pretrial Total $95,475 The Edward Byrne Memorial Justice Program allows local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually Impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1-800-82. Ruth Hod a ser, MMC City Clerk Beacon Sept 6, 2015 I. ORDINANCES 1. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement and issuance of the City's contractual obligation in the maximum amount of $565,264 to the Bourroughs Family Revocable Trust at 1619 North Muddy Creek Road 2. Ordinances to AUTHORIZE and EXECUTE Leases: a. Senior Resource Center, Inc. re services for Senior Citizens at 912 Princess Anne Road b. Tidewater Youth Services Commission re Lynnhaven Boys Home at 2293 Lynnhaven Parkway 3. Ordinance to AUTHORIZE and EXECUTE Modifications to the Parking Facilities Lease with Lynnhaven Mall, LLC re relocation of parking spaces at the Mall 4. Ordinance to ACKNOWLEGE the intended purchase of Light Rail Vehicles by Hampton Roads Transit with available State funding 5. Resolution to AUTHORIZE and EXECUTE a letter to Hampton Roads Transit for the use of $5,000,000 Federal Transit Administration Grant funds re their portion of the Norfolk Southern Railway right-of-way purchase 6. Resolution to AUTHORIZE a contract between the Community Services Board and the Commonwealth of Virginia re Mental Health, Retardation and Substance Abuse Services 7. Ordinance to EXECUTE an Amended Design Agreement with the U.S. Army Corps of Engineers re Lynnhaven River Basin Ecosystem Restoration 8. Ordinances to ACCEPT and APPROPRIATE Grant Funds: a. $1,386,000 from the U.S. Department of Homeland Security for Staffing for Adequate Fire and Emergency Response (SAFER) re twelve (12) new firefighter positions b. $366,251 from the US Field Hockey Association re Sportsplex repairs, renovations and field maintenance c. $95,475 in Edward Byrne Justice Assistance: 1. $41,438 Sheriff 2. $37,949 Police 3. $16,478 Community Corrections and Pretrial Department d. $75,000 from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) re community based resources for older adults e. $60,060 from the Division of Motor Vehicles (DMV) and TRANSFER $30,030 to Police re DUI enforcement f. $52,000 from the Division of Motor Vehicles (DMV) and TRANSFER $26,000 to Police re seat belt enforcement g. $51,441 remaining balance in an interest free loan to Ocean Park Volunteer Rescue Squad, Inc. re ambulance replacement h. $1,000 from Walmart to Fire re the Community Emergency Response Team (CERT) Program CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $565,264 (Property of the Burroughs Family Revocable Trust) MEETING DATE: September 15, 2015 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City, s interests, and other standard contingencies. ■ Considerations: The subject property consists of one (1) parcel of land having approximately 50.47 acres outside of marshland or swampland. It is owned by the Burroughs Family Revocable Trust. Under current development regulations, there is a total development potential of two (2) single-family dwelling building sites, and none have been reserved for future development. The parcel, which is shown on the attached Location Map, is located at 1619 N. Muddy Creek Road (GPIN: 2412-57-3435) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $565,264. This price is the equivalent of approximately $11,200 per acre. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.13% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.13% without the further approval of the City Council. The City has matching funds available for this purchase through the Virginia Department of Agriculture and Consumer Services ("VDACS"), pursuant to an agreement between the City and VDACS, authorized by this Council on February 24, 2015 (RES -03713). The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Disclosure Statement Form Location Map Recommended Action: Adoption / Submitting Department/Agency: Agriculture Department e City Manager. (�' . 6 &*� 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $565,264 (PROPERTY OF THE BURROUGHS FAMILY 6 REVOCABLE TRUST) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 13 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 14 Installment Purchase Agreement) on certain property located in the City and more fully 15 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 16 $565,264; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced, by the Installment Purchase Agreement. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.13% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.13% unless the approval of the City Council by resolution 38 duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby authorizes the transfer of $254,369 from the 62 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 63 (302), and the City Manager is empowered to transfer sufficient additional funds or return 64 funds not required, within the dollar limits provided by the Annual Appropriation Ordinance, 65 to purchase the United States Treasury STRIPS as described in the Installment Purchase 66 Agreement. 67 68 6. The City Council hereby authorizes the City Manager or his designee to seek 69 reimbursement from the Virginia Department of Agriculture and Consumer Services for up 70 to fifty percent (50%) of the reimbursable costs incurred by the City for acquisition of the 71 Development Rights. 72 73 Adoption requires an affirmative vote of a majority of all members of the City 74 Council. 75 76 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 77 , 2015. APPROVED AS TO CONTENT ,� ia� Agriculture Department CERTIFIED AS TO AVAILABILITY F FUN n)o, Director of Finance APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office \CVpgA134\p4SWpplications\CityLawProd\CyCom32\Wpdocs\D011\P015\00049813. DOC R-1 Date: September 3, 2015 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2014-135 SUMMARY OF TERMS SELLER: Burroughs Family Revocable Trust PROPERTY LOCATION: 1619 N. Muddy Creek PURCHASE PRICE: $565,264 EASEMENT AREA: 50.47 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.13% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 5.13% without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of the IPA. Vuginia 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program EDIP Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law% SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT /S NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT Is a corporation, partnership, firm, business, or FOR CITY USE ONLY /All disclosures must be updated two (Z) weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). 0 El APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE vtgittfiti I�eaeh 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) (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 I and 2 SECTION 2 j PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /S 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) (B) List the businesses that have a parent -subsidiary r 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. Virginia a ellCb I "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 § 2.2-3141. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the agglication 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 FN9] F__ SERVICE [_P_ROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors 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. Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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 pulalicbocimor committee in connection with this_Application. 0 � G ac,JC. rro u !� Lt 4, j J S V APPLICANT'S IGNATURE RINT NAME BATE JOE OPERTY OWNER'S 5IGNATUR PRINT NAME DA E ra J 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. CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease and Cooperative Agreement for Up to 5 Years with the Senior Resource Center, Inc., for a City Building Located at 912 Princess Anne Road MEETING DATE: September 15, 2015 ■ Background: The Senior Resource Center, Inc. is a Virginia non -stock, tax exempt charitable organization ("SRC") that serves senior citizens in the southern part of Virginia Beach. SRC provides resources, referrals and social activities with the goal of helping seniors to remain in their homes as long as possible. SRC is a joint effort between area residents, religious organizations, civic groups and the City of Virginia Beach (the "City"). SRC has been housed in the Old Creeds Library building (the "Premises") for the past 8 years and receives support from various City departments. The Premises is City -owned property, but the land on which the Premises is located is a portion of Creeds Elementary School (the "Land"), owned by the School Board of the City of Virginia Beach ("Schools"). Any agreement involving the Land will be made separately between SRC and Schools. SRC and the City would like to enter into a written Lease and Cooperative Agreement to memorialize the relationship and obligations of the parties for lease of the Premises and provision of services (the "Lease"). The Premises will continue to be used to provide senior citizens living in the southern part of Virginia Beach and their caregivers with resources and assistance, and for no other purpose. ■ Considerations: The initial term of the Lease is five (5) years. Any renewal of the term shall be subject to the approval of City Council. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the Premises. ■ Recommendation: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Aency: Public Works/Facilities Management r. S L City Manage1 Z12�L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AND COOPERATIVE AGREEMENT FOR UP TO 5 YEARS WITH THE SENIOR RESOURCE CENTER, INC. FOR A CITY BUILDING LOCATED AT 912 PRINCESS ANNE ROAD WHEREAS, volunteer members of Senior Resource Center, Inc., ("SRC') and the City of Virginia Beach (the "City") cooperatively provide support and services to senior citizens residing in the southern part of Virginia Beach; WHEREAS, SRC has been operating from a City -owned building located at 912 Princess Anne Road, Virginia Beach, Virginia, formerly known as the Old Creeds Library (the "Premises"), for the past 8 years; WHEREAS, SRC and the City wish to enter into a lease and cooperative agreement for use of the Premises and memorialization of the support services to be provided by the City to SRC; WHEREAS, the Premises will be utilized for providing senior citizens living in the southern part of Virginia Beach and their caregivers with resources and assistance, and for no other purpose; and WHEREAS, SRC has agreed to pay the City $1.00 per year for the use of the Premises. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute any documents necessary to lease the Premises and provide support services to the Senior Resource Center, Inc. for up to 5 years, in accordance with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CA13227 R-1 September 3, 2015 APPROVED AS TO CONTENT Public Work Facilities anagement SUMMARY OF TERMS LEASE AND COOPERATIVE AGREEMENT WITH THE SENIOR RESOURCE CENTER, INC., FOR 912 PRINCESS ANNE ROAD LESSOR: City of Virginia Beach LESSEE: Senior Resource Center, Inc., a Virginia non -stock, tax exempt charitable organization PREMISES: 912 Princess Anne Road (Old Creeds Library — Building Only) TERM: July 1, 2015 — June 30, 2020 (5 years) RENT: $1.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: 0 Use Premises to provide senior citizens living in the southern part of Virginia Beach and their caregivers with resources and assistance, and for no other purpose. 0 Maintain Premises by keeping all equipment and improvements in a safe, clean and orderly condition. Maintain applicable liability insurance, as determined by the City's Risk Manager. Any agreement involving the land will be made separately between SRC and Schools, if necessary. RIGHTS AND RESPONSIBILITIES OF CITY: The City's Department of Human Services ("DHS") will have one staff member working up to 16 hours per week, to: (a) provide service/resource information applicable and available to senior citizens in Virginia Beach, (b) consult with family caregivers and senior citizens, and (c) provide SRC reports, pamphlets and other materials to be used for senior citizens. The City's Department of Communications and Information Technology ("ComIT") shall provide updates to software and hardware; provide IT support assistance for City -owned equipment and associated DHS services. The City's Department of Public Works shall provide building maintenance and custodial services. TERMINATION: City has special right to terminate if necessary for a public purpose by giving thirty (30) days' advance written notice. 0 City may terminate at anytime with forty-five (45) days' advance written notice. LOCATION MAP SENIOR RESOURCE CENTER ("PREMISES") 912 PRINCESS ANNE ROAD, VIRGINIA BEACH PART OF GPIN 2400-50-4742 = SENIOR RESOURCE CENTER BUILDING 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board 8 11 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ 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 FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council meeting that peitains to theapplication(s). APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE. 0 REVISIONS SUBMITTED DATE. Page 1 of 4 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) List attached (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None See next page for information pertaining to footnotes and Z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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. Officers President Johnnie Williams* Vice President Marilyn Danner Secretary Judy Cannon Treasurer Gerry Stillman Directors Anne Bright* Barbara Vaughan Bob Glovanelli Nancy Gregory Jim ©gelsby Sarah Burke Tammy Lee Wayne Davis Don Spitzli Nancy Allan Linda Shirk Sharon Prescott Lenore Goodchild Helen Bullen Juanita Swoope Patty Holmes Officers and Directors Phone (H) 721-6378 (C) 470-7186 (H) 426-7390 (C) 434-9644 426-6886 (757) 721-3943 426-7832 427-1833 426-2925 426-6068 426-0562 426-8208 515-4373 426-2554 729-0562 (H) 422-1292 (C) 714-6720 721-9320 426-2819 650-4746 426-2245 426-2576 426-7394 ......:.. x. "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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: SERVICE�� PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect J Landscape Architect J Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors 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 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property i III SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES MIN Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ' Johnnie Williams 8/18 2015 APP ICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE 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. Page 4 of 4 w"'i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Two (2) Years with Tidewater Youth Services Commission for City -Owned Property Located at 2293 Lynnhaven Parkway, Known as the Lynnhaven Boys Home MEETING DATE: September 15, 2015 ■ Background: Tidewater Youth Services Commission, a public body corporate established pursuant to Virginia Code §16.1-315 et seq., currently leases a portion of land and a 4,080 square foot building located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the "Premises"). The Premises serves as a group home for moderate risk boys between the ages of twelve and seventeen and is located on the same parcel of land as the Parks and Recreation City Wide Programs Office and Pottery & Ceramics Studio (the "P&R Offices"). The P&R Offices will be relocated to a new Parks and Recreation Administration facility, which is expected to be operational in October of 2017. Once complete, the City intends to market for sale the entire parcel of which the Premises is a part, and therefore has recommended a maximum 2 -year lease extension for the Premises. ■ Considerations: The Lease would be for a term of one (1) year, with the option to renew for one (1) additional year upon mutual agreement of the parties. The City would have the option to terminate the Lease for any reason upon thirty (30) days' advance written notice. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the Lease as presented, alter terms of the Lease, or deny leasing the Premises. ■ Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement ■ Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management pAD City Manage . S 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO TWO 3 (2) YEARS WITH TIDEWATER YOUTH SERVICES 4 COMMISSION FOR CITY -OWNED PROPERTY 5 LOCATED AT 2293 LYNNHAVEN PARKWAY, 6 KNOWN AS THE LYNNHAVEN BOYS HOME 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia 10 Beach, GPIN: 1475-35-2438 (the "Property"); 11 12 WHEREAS, Tidewater Youth Services Commission (formerly known as 13 Tidewater Regional Group Home Commission), a public body corporate 14 established pursuant to Virginia Code §16.1-315, et seq. ("TYSC") leases a 15 portion of the Property and the 4,080 square foot building located thereon (the 16 "Premises"); 17 18 WHEREAS, TYSC has agreed to continue leasing the Premises from the 19 City for up to two (2) years, with a lease payment of one dollar ($1.00) per year; 20 and 21 22 WHEREAS, TYSC will use the Premises as a group home for moderate 23 risk boys between the ages of twelve and seventeen, and for no other purpose. 24 25 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for a term 29 of up to two (2) years, between Tidewater Youth Services Commission and the 30 City, for the Premises in accordance with the Summary of Terms, attached 31 hereto as Exhibit A and made a part hereof, and such other terms, conditions or 32 modifications as may be acceptable to the City Manager and in a form deemed 33 satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 36 day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY AND FORM /,I City Attorney CA13229 R-1 September 2, 2015 APPROVED AS TO CONTENT Public W s/Faciliti Management SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY LOCATED AT 2293 LYNNHAVEN PARKWAY, KNOWN AS THE LYNNHAVEN BOYS HOME LESSOR: City of Virginia Beach LESSEE: Tidewater Youth Services Commission PREMISES: A portion of the property located at 2293 Lynnhaven Parkway (GPIN 1475-55-2438) and the 4,080 sq. ft. building located thereon INITIAL TERM: October 1, 2015 through September 30, 2016 OPTION TERM: October 1, 2016 through September 30, 2017 RENT: Rent shall be one dollar ($1.00) per year RIGHTS AND RESPONSIBILITIES OF TIDEWATER YOUTH SERVICES COMMISSION: Maintain a group home licensed by the Board of Juvenile Justice for boys ages 12-17. Such boys will have been referred from the Court Services Unit or Department of Social Services, and have not been incarcerated. Each boy will stay an average of 4-6 months, the majority of the boys remaining in custody of their parent/guardian with the goal of returning to their family home upon successful completion of the program. • Keep, repair, and maintain the Premises at its expense, and do so in a workmanlike manner. • Maintain public liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. City of Virginia Beach shall be named as an additional insured. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Perform all necessary replacements and extraordinary repairs of roof and structural elements of the building, and provide landscape maintenance. • City may terminate at any time with thirty (30) days advance written notice to Lessee. LOCATION MAP LYNNHAVEN BOYS HOME 2293 LYNNHAVEN PARKWAY, VIRGINIA BEACH PART OF GPIN 1475-35-2438 North LEASE AREA IS DESIGNATED BY A FENCE AT THE NORTHERN AND WESTERN BOUNDARIES; LYNNHAVEN PARKWAY ON THE SOUTH AND A COMMON DRIVEWAY ON THE EAST. Virginia Beach DISCLOSURE STATEMENT FQRM 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 Git Alternative Compliance, Special Exceplion for Board of Zoning AppMIs Certificate of Appropriateness Historic Review Board Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Pro rty Economic Development Investment Program EDI Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ( Check here if the APPLICANT 15 MPT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPUCANT is a corporation, partnership, firm, business, or Page l of 4 W." Virginia Peach other unincorporated organization, AND Oft complete the following, (A) Ust the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below; (Attach list if necessary) ��1t�J�-/�•- yvw,l� ea?ex `flit d-�- S �`.`p/i" , � ree.-!r'o%. �i%-x,�"�ar- �f.�os�-oC �e.�►"b�s-� Q�f%�l,�.l� (B) Ust 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 w& If amay_ovim is differgid fm dk [] Check here if the FROOM OWNER 11 NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the PROPERTY OWNER Is a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) Ust the Property Owner's name followed by the names of all officers, directors, members. trustees, partners, etc. below: (Attach list if necessary) (B) Ust 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. W", Virginia Mach 1 'Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3101. "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, (i1) 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 3 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with theC to di e, or ice( business oo�gE �Rerated og) the ProQgay. if the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sh*w if Mom ■ V' Accounting and/or preparer of your taut return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchasers) and purchaser's service providers) Construction Contractors Engineers / Surveyors 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. `r w Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I Legal Services I Real Estate Brokers / Agents for current and anticipated future sales of the subject property Virginia Bench SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 0 0 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the Interest? Die.e.,. arwAa 6y 434 L-A, �� ✓' ��'n �� .��'�' �ERTIFICATIO,jji I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of ublic or committee in connection with this lication. �' 'S SIGNATU PRINT NAME DATE PROPERTY OWNER'S 54MATURE PRINT NAME I CIATE 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. t � f � • ili i 1 �i� 1 i�/ FI • \- 9122—ir Jim Gordon, Director (Suffolk) 5* District Court Services Unit P.O. Box 1135 Suffolk, VA 23439 Phone, 757-5144314 Fax; 757-514-4326 Email; Jgmc .Gordon(ddu;,irWnia&vv, Vice Chair Pamela L. Barton, Direcior (isle of Wight County) Isle of WiSM Department of Social Services 17100 Monument Circle, Suite A Isle of Wight, VA 23397 Phone; 757-365-3665 Fax-, 757-365-0886 E -Mail: director c ic�� ds�.cor�� Tri; x/ re �t Katherine Grimm, Director (Pos"mouth) Portsmouth Court Service Unit P.G. Box 638 Portsmouth, VA 23745 Phone; 737-393-8571, x 3239 Fax: 757-393-8478 Email: K.atherine.Gr4nrn.adu.+�ir,inia.�zov (Virginia Mach) Jobynia Caldwell, Director Office of Equity Affairs Virginia Beach City Public Schools 2512 George Mason Drive P.O, Box 6438 Virginia Beach, Virginia 23456,4038 Office Phone 757.2+63.1218 Fax 757.263,1260 Cell 757.506.6391 E -Mail: JobNnia.CaldwelI c:yi>schools.cQm (Southampton County) Carl Faison, Southampton County Beard of Supervisors 18199 Cross Keys Road Boykins, VA 23827 Phone: 757-654-9+697 (home) 7.57-+641-9348 Email: C'JFaitiv�i326 ¢�,cnrt; Revues! August 4, 2015 Page 1 (Suffolk) Azeez Felder, Director Suffolk DqA, of Social Services P_4. Box 1819 Suffolk, VA 23439 Phome; 757_514-7333 (Affacc) Fax; 757-5144869 Email; Al;elder f oIkva.tL,, (Franklin) C, Alan Hogge, Director Franklin rcpt. of Social Services 306 ht, Main St. P.O. Boat 601 Franklin, VA 23851 Phone; 757-562-8515 Fax- 757-516-6683 Email; Chrigwphher.Hogiie.(,Wdss.virgiinia„gov (Portsmouth) J, Bratmon Godfrey, Jr., Interim City Manager 801 Crawford St. Portsmouth, VA 23704-3822 Phone: (757) 393--8641, +ext, 6128 odfr smo thva. av (Virginia Beach) Alymphia Perkins, Director Virginia Beach Court Service Unit 2425 Nitnmo Parkway, Building 14-A Virginia Beach, Vii 23456 Phone; 757-3854361 Fax; 757-385-5628 &Mail; C'lymphiaTcrkjnsQjj ,.vir fi a.�oy (Chesapeake) Elizabeth F. St. John, DeMy Director Chesapeake Court Services Unit 301 Albermarle Dr. Chesapeake, VA 23320 Phone; 757-382-8156 E-mail:Elizabeth.St Johnejdii.virainia . ov (Chesapeake) Lisa E. H. Shellman, pelf Employed 2023 Portlock Road Chesapeake, VA 23324 Phone: 757-227-391 3 &]nail; IsLIL&inan'rciu tijAj c M iivised August 4, 2015 Page 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Modification to the Parking Facilities Lease at Lynnhaven Mall MEETING DATE: September 15, 2015 ■ Background: Knickerbocker Properties, Inc. III ("Knickerbocker") and the City of Virginia Beach (the "City") entered into a Parking Facilities Lease dated October 4, 2002 (the "Parking Lease"). The term of the Parking Lease extends until October 4, 2022, and provides for the City to lease 725 designated parking spaces located within a 2 - level parking deck at Lynnhaven Mall (the "Mall"). The City entered into the Parking Lease to facilitate a previous renovation of the Mall and has already paid in full all sums owing as rent under the Parking Lease. In 2003 Knickerbocker conveyed the Mall property to Lynnhaven Mall, L.L.C., a Virginia limited liability company. Lynnhaven Mall, L.L.C. is currently in the midst of a major redevelopment and renovations, including reducing the size of the existing parking deck and reconfiguring the entrance to the Mall. Lynnhaven Mall, L.L.0 plans to invest approximately $30 Million in the redevelopment and renovation of the Mall. Lynnhaven Mall, L.L.C. has requested a change to the Parking Lease to allow the removal of 361 City -leased parking spaces from the second level of the parking deck and the relocation of said spaces to an adjacent ground level. ■ Considerations: The requested modification to the Parking Lease only changes the location of the City -leased parking spaces. All other terms and conditions contained in the Parking Lease remain unchanged and in full force and effect. City staff has determined that the change in the location of the City -leased parking spaces has no adverse effect on the public and that the Mall will still have adequate parking facilities. Currently, there are 4.8 parking spaces per 1,000 square feet of space at the Mall. The proposed change would reduce the ratio to 4.6 spaces per 1,000 square feet, which exceeds the City's regulations that require 4.0 spaces per 1,000 square feet. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or modify the Ordinance as desired by Council, ■ Attachments: Disclosure Statement Form Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager:Q Strategic Growth Area Off4w!� I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A MODIFICATION 3 TO THE PARKING FACILITIES LEASE AT 4 LYNNHAVEN MALL 5 6 WHEREAS, Knickerbocker Properties, Inc. III ("Knickerbocker") and the City of 7 Virginia Beach (the "City") entered into a Parking Facilities Lease dated October 4, 2002 8 (the "Parking Lease") to facilitate a renovation to Lynnhaven Mall (the "Mall"); 9 10 WHEREAS, the term of the Parking Lease extends until October 4, 2022 and 11 provides for the City to lease 725 designated parking spaces located within a 2 -level 12 parking deck at the Mall; 13 14 WHEREAS, in 2003, Knickerbocker conveyed the Mall property to Lynnhaven 15 Mall, L.L.C., a Virginia limited liability company; 16 17 WHEREAS, Lynnhaven Mall, L.L.C. is currently in the midst of a major 18 redevelopment and renovation of the Mall, including reducing the size of the existing 19 parking deck and reconfiguring the entrance to the Mall; 20 21 WHEREAS, Lynnhaven Mall, L.L.C. has requested a modification to the Parking 22 Lease to allow the removal of 361 City -leased parking spaces from the second level of 23 the parking deck and the relocation of said spaces to an adjacent ground level; 24 25 WHEREAS, the requested modification to the Parking Lease only changes the 26 location of the City -leased parking spaces, and all other terms and conditions contained 27 in the Parking Lease remain unchanged and in full force and effect; and 28 29 WHEREAS, City staff has determined that the change in the location of the City - 30 leased parking spaces has no adverse effect on the public and that the Mall will still 31 have adequate parking facilities. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a modification to the 37 Lynnhaven Mall Parking Facilities Lease dated October 4, 2002, so long as such 38 modification conforms to the specifications set forth above, and such other terms, 39 conditions or modifications as may be acceptable to the City Manager and in a form 40 deemed satisfactory by the City Attorney. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 43 of .2015. APPROVED AS TO CONTENT: ak AM _�A -A qZ-dA-Vj— APPROVED AS TO LEGAL SUFFICIENCY: City Attorney , CA13440 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\Wpdocs\D024\P019\00231816.docx R-1 September 3, 2015 asp d v, s m` • a �+y w � ... � ' � � , � � - ' . .. � �s,ern'"-:,a,.i,;.s...: 7.-a:.M .... ,. .. �w.+ � � s "' Y , DISCLOSURE STATEMENT FOR j..'---, 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of . Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. SECTION 1 /APPLICANT DISCLOSURE ❑ 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 FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Planning Commission and Qy Council meeting that pertains to theapplication(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: 1* Page 1 of 4 other unincorporated organization, AND TMEN, 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) Applicant - LYNNHAVEN MALL L.L.C. Sole member - GGPLP L.L.C. See attached a list of officers. (B) List the businesses that have a parent -subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached list of entities that have "parent -subsidiary relationship" with Applicant. Applicant has "affiliated entity relationship" with multiple entities and multiple states. See next page for information pertaining to footnotesl and 2 lie Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT 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) F.T--n t.Mro 114M"M MW4i#JVMA'_WW_� See attached a list of officers. (6) List the businesses that have a parent -subsidiary I or affiliated business entity 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. t See attached list of entities that have "Parent -subsidiary relationship" with Property O Property Owner has "affiliated entity relationship" with multiple entities and multiple states. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ` "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (Ii) a controlling owner in one entity is also a controlling owner in the other entity, or (Iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: FsEFo F- SERVICE PROVIDER (use additional sheets if i needed) FE-RE17M © M Accounting and/or preparer of your tax return Architect / Landscape Architect J Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors None anon Design — Architect/Daniel Weinba Partners, LTD. — Landscape Architect None None Hoar Construction — General Contractor Gorrill Palmer — Civil Engineer/AES Su 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. veyor 9 ❑ Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property i Bank of America, N.A. Williams Mullen None SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO El 0 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A 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 certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided FCERTIFICATION: herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an public bodyor committee in connection with this A lication. LYNNHAVEN MALL L.L.0 Gregory R. Lynch, Authorized Signatory of 9/3/2015 BY. . Applicant APPLICANT'S SIGNATURE PRINT NAME DATE LYNNHAVEN MALL L.L.C. Gregory R. Lynch, Authorized Signatory of BY: Property Owner 9/3/2015 PROPERTY OWNER'S SIGNATURO 1 PRINT NAME 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. LIST OF OFFICERS OF LYNNHAVEN MALL L.L.C. Attached to a Disclosure Statement Form dated September 3, 2015 Appointed Entity Type Gregory R. Lynch Assistant Secretary Howard A. Sigal Assistant Secretary Mary Beattie -Binder Assistant Secretary Rosemary G. Feit Assistant Secretary Sandeep Mathrani Chief Executive Officer Brian S. McCarthy Executive Vice President Richard S. Pesin Executive Vice President Scott T. Morey Executive Vice President Marvin J. Levine Executive Vice President & Chief Legal Officer ShoblKhan Executive Vice President & Chief Operating Officer Michael B. Berman Executive Vice President, Chief Financial Officer & Treasurer Marvin J. Levine Manager Michael B. Berman Manager ShobiKhan Manager Andrew Panacclone Manager (Independent) Michelle A. Dreyer Manager (Independent) Alan J. Barocas Senior Executive Vice President Julie Knudson Senior Vice President Kathleen M. Courtis Senior Vice President Tara Marszewski Senior Vice President & Chief Accounting Officer Stacie L. Herron Vice President & Secretary LIST OF ENTITIES THAT HAVE "PARENT -SUBSIDIARY RELATIONSHIP" WITH LYNNHAVEN MALL L.L.C. Attached to a Disclosure Statement Form dated September 3, 2015 GGPLP L.L.C. GGP Nimbus, LP GGP Real Estate Holding II, Inc. GGP Real Estate Holding I, Inc. General Growth Properties, Inc. (Public REIT) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Acknowledge an Intended Purchase of Light Rail Vehicles for The Tide Light Rail System by the Hampton Roads Transit MEETING DATE: September 15, 2015 ■ Background: The City Council adopted a Locally Preferred Alternative (LPA) on for the Virginia Beach Transit Extension Study (VBTES) on May 12, 2015. The LPA chosen provides an extension of The Tide light rail system from Newtown Road to Town Center/Constitution Drive. To achieve the LPA, the VBTES identified the requirement of four additional light rail vehicles. The City Staff has identified the light rail vehicle as the critical path item because delivery of a new vehicle may take between twenty-four and thirty-six months from the date of order. Hampton Roads Transit (HRT) has identified a vehicle contract that will allow the placement of an order with a projected cost of $4.3 million per vehicle. In the FY16 CIP Appropriation Ordinance, the following limitation upon the authority of the City Manager was provided: Notwithstanding Sec. 2-154 of the City Code and although this Capital Improvement Program includes funding for such purpose, the City Manager or his designee shall not authorize or approve the use of any funds appropriated herein to pay for any portion of a light rail vehicle until such time as the City Council provides, by ordinance or resolution, approval of such order or contract. This limitation shall include the City Manager or designee authorizing such an action on the behalf or at the behest of the City by another entity or body, whether state, local, or regional in nature. This item seeks to provide the authorization required by the above -captioned language in the FY16 CIP Appropriation Ordinance. ■ Considerations: For an order of four vehicles, the utilization of the identified contract presents a cost savings of $3.2 million versus the City or HRT undertaking a stand-alone or separate vehicle procurement. However, to use the contract, HRT must place the vehicle order by September 29, 2015. The Commonwealth, through the Secretary of Transportation, has committed to make funding available for the purchase of the vehicles and assured the City it will not be responsible for the cost of the vehicles if Council decides not to pursue construction of the Town Center Extension. However, if the Council does decide to authorize construction, the cost of the light rail vehicles would be subject to a proposed project cost share between the City and the Commonwealth. The proposed cost share includes $155 million from the Commonwealth and the City is responsible for amounts above the state funding. LRV Authorization Agenda Request The attached ordinance does not change the existing grant agreement between the City and the Commonwealth for the purchase of the Norfolk Southern Right -of -Way. As provided in the Transportation Partnership Opportunity Fund grant agreement, the City may be required to repay the $20 million that the Commonwealth paid for the acquisition if it fails to use its best efforts to pursue expansion of light rail. N Public Information: This item will be advertised as part of the normal Council Agenda Process. A briefing discussing this item was provided in the Workshop Session on September 1st and rebroadcast on VBTV and the City's website. 0 Recommendations: Adopt the attached ordinance. 0 Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manage k. City Manager's Office / Strategic Growth Areas" lz�v W11*1 1 AN ORDINANCE TO ACKNOWLEDGE AN 2 INTENDED PURCHASE OF VEHICLES FOR THE 3 TIDE LIGHT RAIL SYSTEM BY HAMPTON ROADS 4 TRANSIT 5 6 WHEREAS, the City adopted a Locally Preferred Alternative for the Virginia 7 Beach Transit Extension Study ("VBTES") that would extend The Tide Light Rail System 8 (the "System") to Town Center with a Constitution Drive terminus (the "Town Center 9 Extension"); and 10 11 WHEREAS, Hampton Roads Transit ("HRT") and the Virginia Department of Rail 12 and Public Transportation ("DRPT") have identified a contract for light rail vehicles in 13 Minnesota that would allow the option to purchase four vehicles (the "Vehicles") at an 14 estimated cost per vehicle of $4.3 million; and 15 16 WHEREAS, the Council included in its FY16 Capital Improvement Program 17 Appropriation Ordinance (the "FY16 CIP") a limitation that would prohibit the City 18 Manager or designee from authorizing another entity or body "whether state, local, or 19 regional in nature" to initiate an order of light rail vehicles; and 20 21 WHEREAS, the Council desires to remove any impediment created by the City's 22 FY16 CIP; and 23 24 WHEREAS, the Council intends to make a final decision regarding construction 25 of the Town Center Extension upon the evaluation of competitive bids or proposals; and 26 27 WHEREAS, the Commonwealth, through the Secretary of Transportation, has 28 committed to make funding available for the Vehicles and assured the City it will not be 29 responsible for the cost of the Vehicles if Council decides not to pursue construction of 30 the Town Center Extension; and 31 32 WHEREAS, the Commonwealth has proposed a cost share for the extension of 33 the System wherein the Commonwealth provides $155 million in state funding and the 34 City is responsible for amounts above the state funding (the "Cost Share"); and 35 36 WHEREAS, if the City Council approves the construction of the Town Center 37 Extension, the purchase price of the Vehicles would be included in the Cost Share; 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA, THAT: 41 42 The City Council acknowledges Hampton Roads Transit intends to purchase 43 Vehicles for the Tide Light Rail System, and if the City Council proceeds with 44 construction of the Town Center Extension, the purchase price of the Vehicles would be 45 part of the Cost Share between the City and the Commonwealth. 46 47 BE IT FURTHER ORDAINED, THAT: 48 49 Nothing in this ordinance amends or changes the Transportation Partnership 50 Opportunity Fund Grant authorized by the City Council on September 14, 2010. 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: R-3 September 4, 2015 Cityejr s 0 ice u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Execute a Letter to Hampton Roads Transit acknowledging HRT's utilization of federal funds for its contribution towards the City's acquisition of the former Norfolk Southern Right - of -Way (GPIN: 1467-13-1924) MEETING DATE: September 15, 2015 ■ Background: On September 24, 2010, the City of Virginia Beach acquired from the Norfolk Southern Railway Company ("Norfolk Southern") its former railroad line (the "Right -of -Way") from Newtown Road to Birdneck Road in Virginia Beach. The purchase price of the Right -of -Way, a total of $40 million, was to be funded as follows: • $15,000,000 from the City of Virginia Beach; • $20,000,000 from the Commonwealth of Virginia pursuant to a Transportation Partnership Opportunity Fund ("TPOF") grant to the City; and • $5,000,000 from Hampton Roads Transit ("HRT"). The funds to be paid by Commonwealth and the City were paid at closing, after the City and the Commonwealth entered into a grant agreement for the TPOF funds (the "TPOF Grant Agreement"). HRT has not paid its $5 million contribution yet. HRT and Norfolk Southern entered into an agreement to allow delayed payment of HRT's contribution. HRT voted on September 23, 2010 to approve the use of $1 million in Regional Surface Transportation Program ("RSTP") funds per year over 5 years for the Right -of -Way, subject to approval by the Federal Transit Administration ("FTA"). HRT's portion of the purchase price remains unpaid because it has not yet received FTA's approval. HRT is seeking a grant from FTA to fund the $5 million in RSTP funds. However, FTA will not approve the grant without the City's acknowledgement of the following: • that the federal funds will be used to satisfy HRT's portion of the purchase price for the Right -of -Way; • that HRT's contribution to the purchase price of the Right -of -Way represents 12.5% of the total purchase price; and • that the Right -of -Way will remain available as a corridor for a public transportation project and the City will refrain from any activity or use that would prevent its use as a public transportation corridor. FTA requires the letter from the City to ensure the funds will be used for the intended purpose of the federal grant: to buy land for transportation purposes. ■ Considerations: If the City acknowledges the utilization of federal funds, the Right -of -Way becomes subject to federal regulation, and FTA approval will be required for future uses of the Right -of -Way. In addition, FTA could assert a claim against HRT to a 12.5% interest in any proceeds realized from any potential sale or use of the Right - of -Way. The federal regulation would apply to the entire length of the Right -of -Way. The TPOF Grant Agreement included a recitation that HRT intended to seek federal funding to satisfy its contribution toward the acquisition of the Right -of -Way. In that agreement, the City makes similar commitments to the Commonwealth that the Right - of -Way will remain available as a corridor for a public transportation project and that the City will refrain from any activity or use that would prevent its use as a public transportation corridor. ■ Public Information: This item will be published in the normal Council Agenda process. ■ Recommendations: Approve the Resolution. ■ Attachments: Resolution; Letter to HRT (form) Recommended Action: Approval of Resolution Submitting Department/Agency: City Manager's Office�� City Manager• J 1 A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LETTER TO HAMPTON 3 ROADS TRANSIT ACKNOWLEDGING HRT'S 4 UTILIZATION OF FEDERAL FUNDS FOR ITS 5 CONTRIBUTION TOWARDS THE CITY'S 6 ACQUISITION OF THE FORMER NORFOLK 7 SOUTHERN RIGHT-OF-WAY (GPIN: 1467-13-1924) 8 9 WHEREAS, On September 24, 2010, the City of Virginia Beach acquired from 10 the Norfolk Southern Railway Company ("Norfolk Southern") its former railroad line (the 11 "Right -of -Way") from Newtown Road to Birdneck Road in Virginia Beach; 12 13 WHEREAS, the purchase of the Right -of -Way, valued at a total of $40,000,000, 14 was to be funded as follows: $15,000,000 from the City; $20,000,000 from the 15 Commonwealth; and $5,000,000 from Hampton Roads Transit ("HRT"); 16 17 WHEREAS, HRT has not yet paid the $5,000,000 to Norfolk Southern and is 18 seeking a grant from the Federal Transit Administration ("FTA") to fund five (5) equal 19 one million dollar payments over a period of five (5) consecutive years using Federal 20 Regional Surface Transportation Program Funds ("STP") and/or successor program 21 funds, if programmed, allocated and approved by FTA; 22 23 WHEREAS, FTA will not approve funding the grant without the City's 24 acknowledgement that the federal funds will be used to satisfy HRT's portion of the 25 purchase price for the Right -of -Way; that HRT's contribution of the purchase price for 26 the Right -of -Way represents 12.5% of the total purchase price; and that the Right -of - 27 Way will remain available as a corridor for a public transportation project and the City 28 will refrain from any activity or use that would prevent its use as a public transportation 29 corridor; and 30 31 WHEREAS, the City Council desires to acknowledge HRT's utilization of a $5 32 million grant from FTA in order for HRT to receive the funding to resolve all aspects of 33 the City's purchase of the Right -of -Way from Norfolk Southern. 34 35 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 36 VIRGINIA: 37 38 That City Council hereby authorizes the City Manager to execute a letter, in 39 substantially the form attached hereto as Exhibit A and made a part hereof, subject to 40 such changes and modifications as may be acceptable to the City Manager and in a 41 form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the day 44 of , 2015. APPROVED AS TO CONTENT NMA�MAUNA City Wanagis Office CAl 3446 APPROVED AS TP LEGAL SUFFICIENCY City Attorney's Office R-1 9/1/15 \\vbgov.00m\dfsl\applications\citylawprod\cycom32\wpdocs\d001\p0I 7\00233570.doc EXHIBIT "A" September _, 2015 William Harrell, President and CEO Hampton Roads Transit 1500 Monticello Avenue Norfolk, VA 23510 RE: HRT's Utilization of Federal Transit Administration Funds for the City's Acquisition of the Norfolk Southern Right of Way in Virginia Beach, Virginia, approximately 10.7 miles in length with varying widths from Mile Post VB -4.8 eastwardly to Mile Post VB -15.5 ("NSROW") Dear Mr. Harrell: The City of Virginia Beach ("City") purchased the NSROW from the Norfolk Southern Railway Company ("Norfolk Southern") to establish a corridor for a future transit project in the City. The future transit project is intended to be an extension of the current light rail system in Norfolk, Virginia, known as The Tide. The City anticipates expanding The Tide from Norfolk into Virginia Beach on or before the end of Federal Fiscal Year 2034. The purchase price for the NSROW was forty million dollars ($40,000,000.00). HRT agreed to pay Norfolk Southern five million dollars ($5,000,000) of the purchase price in five (5) equal one million dollar payments over a period of five (5) consecutive years using Federal Regional Surface Transportation Program Funds (STP) and/or successor program funds, if programmed, allocated, and approved by the Federal Transit Administration (FTA). For purposes of this letter, the acquisition of the NSROW and the use of FTA approved funds for same is referred to as "the Federal Project." The sum of the HRT's agreed payments represents twelve and a half percent (12.5%) of the total NSROW purchase price. As of the date of this letter, the City understands that the FTA has yet to release the STP funds to HRT. The City further understands that the FTA requires the City to make certain acknowledgments before the STP funds will be released to HRT. Accordingly, the City acknowledges that HRT will use the STP funds to satisfy HRT's portion of the NSROW purchase price. The City further acknowledges that the NSROW will remain available as a corridor for a public transportation project and the City will refrain from any activity or use that would prevent its use as a public transportation corridor. Sincerely, James K. Spore City Manager Virginia Beach ar =mow CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving a Contract between the Community Services Board and the State MEETING DATE: September 15, 2015 ■ Background: Annually, the Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services (DBHDS), provides funding for mental health, developmental, and substance abuse services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities and requires localities to match a minimum of 10% of the total amount of state and local funds (Code of Virginia §37.2-509). The contract specifies the services to be provided by the CSB and the costs of those services; includes all revenues used to support the services; lists state and federal statutory and regulatory requirements applicable to the CSB; and contains outcome and performance measures for the CSB. ■ Considerations: Pursuant to Code of Virginia §37.2-508, the contract provides a substantial amount of funding needed to maintain important CSB services. This funding has previously been appropriated by the State in its FY 2015-16 Operating Budget ($11,394,414 current year and $711,542 of State retained earnings) as well as the City in the FY 2015-16 Operating Budget of the Human Services Department ($16,516,434), and involves fee revenue of $25,339,685, federal revenue of $2,131,144, and revenue from other sources of $452,827. This plan was approved by the CSB at a meeting on August 24, 2015. ■ Public Information: As required by law, the performance contract was made available for public comment for a period of 30 days. ■ Recommendations: Approval of Resolution ■ Attachments: Resolution and Performance Contract Summary (Exhibit A) Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: �� , 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE COMMUNITY SERVICES BOARD AND THE STATE 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That the City Council hereby approves Fiscal Year 2015-16 performance contract 6 between the City of Virginia Beach Community Service Board and the Virginia Department 7 of Behavioral Health and Developmental Services (a summary of which is attached as 8 Exhibit A), which provides State-controlled performance contract funding to the Community 9 Service Board. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO CONTENT: Budget and Management Servi es CA13430 R-1 August 27, 2015 APPROVED AS TO LEGAL SUFFICIENCY: t y' ice FY 2016 Community Services Performance Contract: Renewal and Revision FY 2016 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget (Pages AF -3 through AF -8) Funding Sources Mental Health Services Developmental Services Substance Abuse Services TOTAL State Funds 8,343.630 835,614 2,215.170 11,394,414 Local Matching Funds 8,778,349 7,738,085 0 16,516.434 Total Fees 5.523,051 19.334.047 482,587 25,339,685 Transfer Fees In/(Out) 178,140 0 -178,140 0 Federal Funds 334,662 0 1.796,482 2,131.144 Other Funds 104.468 266,294 74,065 444,827 State Retained Earnings 594.980 109,062 7,500 711,542 Federal Retained Earnings 0 0 0 0 Other Retained Earnings 0 8,000 8.000 Subtotal Ongoing Funds 23,857,280 28,283,102 4,405,664 56,546,046 State Funds One -Time 0 0 0 0 Federal Funds One -Time 0 0 Subtotal One -Time Funds 0 0 0 0 TOTAL ALL FUNDS 23.857.280 28.283,102 4,405,664 56,546,046 Cost for MHIDVISA Services 23.303,634 27,845.636 2,258.676 53.407.946 Cost for Emergency Services (AP -4) 2,017,207 Cost for Ancillary Services (AP -4) 1,120,893 TotalOost 56,546.046 Local Match Computation Total State Funds 11,394,414 Total Local Matching Funds 16,516,434 Total State and Local Funds 27.910,848 Total Local Match % Local/Total State + Local 59.18% Report Date 7/2/2015 AF -1 CSB Administrative Expenses Total Admin. Expenses 6,257,967 Total Expenses 56,546.046 Administrative Percent 11.07% FY 2096 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health (MH) Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 3,778,335 MH Fees: Other 1,744,716 Total MH Fees 5,523,051 MH Transfer Fees In/(Out) 178,140 MH Net Fees 5,701,191 FEDERAL FUNDS MH FBG SED Child & Adolescent (93.958) 221,924 MH FBG Young Adult SMI (93.958) 0 MH FBG SMI (93.958) 15,087 MH FBG SMI PACT (93.958) 0 MH FBG SMI SWVMH Board (93.958) 0 Total MH FBG SMI Funds 15,087 MH FBG Geriatrics (93.958) 0 MH FBG Consumer Services (93.958) 0 Total MH FBG Adult Funds 15,087 MH Federal PATH (93.150) 22,481 MH Other Federal - DBHDS 0 MH Other Federal - CSS 75,170 Total MH Federal Funds 334,662 STATE FUNDS Regional Funds MH Acute Care (Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 MH Net Acute Care - Restricted 0 MH Regional DAP (Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 635,599 MH Net Regional DAP - Restricted 635,599 MH 2014 DAP (Fiscal Agent) 0 MH 2014 DAP -Transfer In/(Out) 0 Total Net MH 2014 DAP - Restricted 0 MH Regional Residential DAP - Restricted 0 MH Crisis Stabilization (Fiscal Agent) 0 MH Crisis Stabilization -Transfer In/(Out) 789,245 Total Net MH Crisis Stabilization - Restricted 789,245 MH Recovery (Fiscal Agent) 0 MH Other Merged Regional Funds (Fiscal Agent) 0 MH Total Regional Transfer In/(Out) 1,593,689 Total MH Net Unrestricted Regional State Funds 1,593,689 Total MH Net Regional State Funds 3,018,533 Report Date 7/2/2015 AF -3 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health (MH) Services Virginia Beach Community Services Board Funding Sources Funds Children State Funds MH Child & Adolescent Services Initiative 338,661 MH Children's Outpatient 75,000 Total MH Restricted Children's funds 413,661 MH State Children's Services 25,000 MH Juvenile Detention 111,724 MH Demo Proj-System of Care (Child) 0 Total MH Unrestricted Children's Funds 136,724 MH Crisis Response & Child Psychlaw y (Fiscal Agent) 0 MH Crisis Response & Child Psychiatry Transfer In/(Out) 88,690 Total MH Net Restricted Crisis Response & Child Psychiatry 88,690 Total State MH Children's Funds (Restricted for Children) 639,075 Other State Funds MH Law Reform 397,790 MH pharmacy - Medication Supports 29,949 MH Jail Diversion Services 354,300 MH Adult Outpatient Competency Restoration Srvs 0 MH CIT -Assessment Sites 0 MH Expand Telepsychiatry Capacity 0 MH Young Adult SMI 0 MH Expanded Community Capacity (Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 296,386 Total MH Net Expanded Community Capacity 296,386 MH First Aid and Suicide Prevention (Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Glut) 0 Total MH Net First Aid and Suicide Prevention 0 Total MH Restricted Other State Funds 1,078,425 MH State Funds 2,757,597 MH State Regional Deaf Services 0 MH State NGRI 0 MH PACT 850,000 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 3,607,597 Total MH Other State Funds 4,686,022 TOTAL MH STATE FUNDS 8,343,630 Report Date 7/2/2015 AF -4 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health (MH) Services Virginia Beach Community Services Board Funding Sources Funds OTHER FUNDS MH Other Funds 104,468 MH Federal Retained Earnings 0 MH State Retained Earnings 70,130 MH State Retained Earnings - Regional Prog 524,850 MH Other Retained Earnings 0 Total MH Other Funds 699.448 LOCAL MATCHING FUNDS MH Local Government Appropriations 8;778,349 MH Philanthropic Cash Contributions 0 MH In -Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 8,778,349 Total MH Funds 23,857,280 MH ONETIME FUNDS MH FBG SMI (93.958) 0 MH FBG SED Child & Adolescent (93.958) 0 MH FBG Consumer Services (93.958) 0 MH State Funds 0 Total One Time MH Funds 0 Total MH All Funds 23,857,280 AF -5 Report Date 7/2/2015 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Developmental Services (DV) Virginia Beach Community Services Board Funding Sources FEES DV Other Medicaid Fees DV Medicaid ICF/ID DV Fees: Other Funds 8,529,550 10,224,476 580,021 Total DV Fees 19,334,047 DV Transfer Fees In/(Out) 0 DV NET FEES 19,334,047 FEDERAL FUNDS 0 DV Other Federal - DBHDS 0 DV Other Federal - CSB 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 809,058 DV OBRA 26,556 Total DV Unrestricted State Funds 835,614 DV Rental Subsidies 0 DV Crisis Stabilization (Fiscal Agent) 0 DV Crisis Stabilization Transfer In(Out) 0 DV Net Crisis Stabilization 0 DV Crisis Stabilization -Children (Fiscal Agent) 0 DV Crisis Stabilization -Children Transfer In(Out) 0 DV Net Crisis Stabilization -Children 0 Total DV Restricted State Funds 0 Total DV State Funds 835,614 OTHER FUNDS DV Workshop Sales 0 DV Other Funds 266,294 DV State Retained Earnings 109,062 DV State Retained Earnings -Regional Prog 0 DV Other Retained Earnings 0 Total DV Other Funds 375,356 LOCAL MATCHING FUNDS DV Local Government Appropriations 7,738,085 DV Philanthropic Cash Contributions 0 DV In -Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 7,738,085 Total DV Funds 28,283,102 Report Date 7/2/2015 AF -6 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse (SA) Services Virginia Beach Community Services Board Funding Sources Funds FEES SA Medicaid Fees 439,155 SA Fees: Other 43,432 Total SA Fees 482,587 SA Transfer Fees In/(Out) -178,140 SA NET FEES 304,447 FEDERAL FUNDS SA FBG Alcohol/Drug Trmt {93.959) 985,968 SA FBG SARPOS (93.959) 65,231 SA FBG Jail Services (93.959) 165,147 SA FBG Co -Occurring (93.959) 34,574 SA FBG New Directions (93.959) 0 SA FBG Recovery (93.959) 0 Total SA FBG A/D Trmt Funds 1,250,920 SA FBG Women (includes LINK at 6 CSBs) (93.959) 167,279 SA FBG Prevention -Women (LINK) (93.959) 20,000 Total SA FBG Women 187,279 SA FBG Prevention (93.959) 276,020 SA FBG Prev-Family Wellness (93.959) 82,263 Total SA FBG Prevention 358,283 SA Other Federal - DBHDS 0 SA Other Federal - CSB 0 TOTAL SA FEDERAL FUNDS 1,796,482 STATE FUNDS Regional Funds SA Facility Reinvestment (Fiscal Agent) 0 SA Facility Reinvestment Transfer In/(Out) 476,036 SA Net Facility Reinvestment 476,036 Other State Funds SA Women (includes LINK at 4 CSBs) (Restricted) 1,800 SA Recovery Employment 0 SA Peer Support Recovery 0 Total SA Restricted Other State Funds 1,800 Report Dote 7/2/2015 AF -7 FY 2016 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse (SA) Services Virginia Beach Community Services Board Funding Sources Funds SA State Funds 1,400,234 SA Region V Residential 131,215 SA Jail Services/1uv Detention 27,216 SA MAT - Medically Assisted Treatment 0 SA SARPOS 76,097 SA Recovery 0 SA HIV/AIDS 102,572 Total SA Unrestricted Other State Funds 1,737,334 Total SA Other State Funds 1,739,134 TOTAL SA STATE FUNDS 2,215,170 OTHER FUNDS SA Other Funds 74,065 SA Federal Retained Earnings 0 SA State Retained Earnings 7,500 SA State Retained Earnings -Regional Prog 0 SA Other Retained Earnings 8,000 Total SA Other Funds 89,565 LOCAL MATCHING FUNDS SA Local Government Appropriations 0 SA Philanthropic Cash Contributions 0 SA In -Kind Contributions 0 SA Local Interest Revenue 0 Total SA Local Matching Funds 0 Total SA Funds 4,405,664 SA ONE-TIME FUNDS SA FBG Alcohol/Drug Trmt (93.959) 0 SA FBG Women (includes LINK -6 CSBs) (93.959) 0 SA FBG Prevention (93.959) 0 SA State Funds 0 Total SA One -Time Funds 0 Total All SA Funds 4,405,664 Report Dote 7/2/2015 AF -8 FY 2016 Community Services Performance Contract Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 16,516,434 Total Local Government Tax Funds: 16,516,434 Report Date 71212015 AF -9 FY 2016 Community Services Performance Contract: Renewal and Revision FY 2016 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Revenues and Utilization Data Core Services Costs by Program Area Total All Funds (Page AF -1) Cost for MH, DV, SA, Emergency, and Ancillary Services (Page AF -1) Virginia Beach Community Services Board MH DV SA Emergency Ancillary Services Services Services Services Services Total 23,857,280 28,283,102 4,405,664 _ 56,546,046 23,303,634 27,845,636 2,258,676 2,017,207 1,120,893 56,546,046 Difference 553,646 437,466 2,146,988 -2,017,207 -1,120,893 Difference results from Other: Explanation of Other in Table Above: Report Date 7/2/2015 AM 0 0 FY 2016 Community Services Performance Contract: Renewal and Revision Report for Form 11 FY 2016 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Core Services 310 Outpatient Services Projected 3110 $6,539,537 Numbers of Projected Projected Individuals Total Service Receiving Service Capacity Services Costs 310 Outpatient Services 42.18 FTEs 3110 $6,539,537 350 Assertive Community Treatment 9.33 FTEs 53 $1,420,833 320 Case Management Services 52.19 FTEs 1736 $4,841,619 410 Day Treatment or Partial Hospitalization 60 Slots 202 $687,530 420 Ambulatory Crisis Stabilization Services 10 Slots 183 $611,781 425 Mental Health Rehabilitation 175 Slots 418 $2,926,583 460 Individual Supported Employment 4.2 FTEs 65 $367,612 501 Highly Intensive Residential Services 2 Beds 2 $229,654 510 Residential Crisis Stabilization Services 13 Beds 390 $2,611,029 521 Intensive Residential Services 2 Beds 2 $122,177 551 Supervised Residential Services 33 Beds 35 $1,611,057 581 Supportive Residential Services 17.71 FTEs 175 $1,334,222 Totals 6,371 $23,303,634 Form 11A: Pharmacy Medication Supports Number of Consumers 803 Total Pharmacy Medication Supports Consumers 250 Report Date 7/2/2015 AP -1 FY 2016 Community Services Performance Contract: Renewal and Revision Report for Form 21 FY 2016 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Core Services 310 Outpatient Services Projected 19 $461,728 Numbers of Projected Projected Individuals Total Service Receiving Service Capacity Services Costs 310 Outpatient Services 6.18 FTEs 19 $461,728 320 Case Management Services 26.37 FTEs 805 $3,086,621 425 Developmental Habilitation 212 Slots 198 $4,521,128 465 Group Supported Employment 37 Slots 51 $581,418 460 Individual Supported Employment 8.3 FTEs 201 $643,435 501 Highly Intensive Residential Services (Community -Based ICF/ID Services) 47 Beds 47 $12,316,844 521 Intensive Residential Services 25 Beds 25 $3,015,006 551 Supervised Residential Services 4 Beds 5 $336,209 581 Supportive Residential Services 37.11 FTEs 72 $2,883,247 Totals Report Date 7/2/2015 AP -2 1,423 $27,845,636 FY 2016 Community Services Performance Contract: Renewal and Revision Report for Form 31 FY 2016 Exhibit A: Resources and Services CSB 300 Substance Abuse Services Virginia Beach Community Services Board Core Services 310 Outpatient Services Projected 167 $385,498 Numbers of Projected Projected Individuals Total Service Receiving Service Capacity Services Costs 310 Outpatient Services 2.5 FTEs 167 $385,498 320 Case Management Services 2.2 FTEs 10 $150,101 410 Day Treatment or Partial Hospitalization 5 Slots 37 $153,196 501 Highly Intensive Residential Services (Medically Managed Withdrawal Services) 4 Beds 92 $440,493 521 Intensive Residential Services 4 Beds 31 $127,913 581 Supportive Residential Services 2.38 FTEs 20 $147,623 610 Prevention Services 8.8 FTEs-- = $853,852 Totals Report Date 7/2/2015 AP -3 357 $2,258,676 FY 2016 Community Services Performance Contract: Renewal and Revision Report for Form 01 FY 2016 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Core Services 100 Emergency Services Projected 2855 $2,017,207 318 Motivational Treatment Services Numbers of Projected Projected Individuals Total Service Receiving Service Capacity Services Costs 100 Emergency Services 15.25 FTEs 2855 $2,017,207 318 Motivational Treatment Services 2.5 FTEs 1114 $403,478 390 Consumer Monitoring Services 3.75 FrEs 240 $466,555 720 Assessment and Evaluation Services 2 FTEs 564 $250,860 Totals Report Date 7/2/2015 AP -4 4,773 $3,138,100 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Supplement the June 2, 2015, Approval of a Design Agreement for the Lynnhaven River Basin Ecosystem Restoration Project with the U.S. Army Corps of Engineers MEETING DATE: September 15, 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 (USACE). 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. On June 2, 2015, the City Council authorized the City Manager to execute a design agreement with the USACE. That authorization included a 25% local cost share for the initial design. After further review by USACE leadership, the appropriate local cost share is 35%. The City's share for this cost share is available in CIP #7-153, "Lynnhaven Watershed Restoration." ■ Considerations: The attached ordinance provides the required authorization for the City Manager to sign the updated Design Agreement with the USACE. The 35%/65% cost share is in line with other projects undertaken with the USACE. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works (�RD City Manager: k , � 'TC 1 AN ORDINANCE TO SUPPLEMENT THE JUNE 2, 2 2015, APPROVAL OF A DESIGN AGREEMENT 3 FOR THE LYNNHAVEN RIVER BASIN 4 ECOSYSTEM RESTORATION PROJECT WITH 5 THE U.S. 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 Council previously authorized the City Manager to execute a 17 Design Agreement with the USACE as permitted by Chapter 11 of Title 62.1 of the 18 Code of Virginia; and 19 20 WHEREAS, the previous authorization included a local cost share for design at 21 25%, but if the project proceeded to construction, the overall local cost share would 22 have been the traditional 35%; and 23 24 WHEREAS, the USACE has informed the City that the appropriate local cost 25 share for the design is 35%, which is estimated to require $420,000, and such funds are 26 available in the current Capital Improvement Plan; 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council hereby supplements is June 2, 2015, authorization for the City 32 Manager to execute a Design Agreement with the Department of the Army for the 33 Lynnhaven River Basin Ecosystem Restoration Project to include a 35% local cost 34 share for design, which is currently estimated to be $420,000. 35 36 BE IT FURTHER ORDAINED, THAT: 37 38 In accordance with the requirements of § 62.1-148 of the Code of Virginia, the 39 City Clerk shall cause a copy of this ordinance and the resulting agreement to be sent to 40 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:PPR D AS O LEGAL SUFFICIENCY: .,'a Public Works City Attor ey CA13425 / R-1 / September 2, 2015 ft. �yY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the U.S. Department of Homeland Security Federal Emergency Management Agency for the 2014 Staffing for Adequate Fire and Emergency Response (SAFER) Grant to the FY 2015-16 Operating Budget of the Fire Department and Throughout the Performance Period of the Grant MEETING DATE: September 15, 2015 ■ Background: The City was notified that the U.S. Department of Homeland Security would be providing a grant of $1,386,000 for funding 12 new firefighter positions. The Virginia Beach Fire Department requested these funded positions to meet the Fire Department's 4 person staffing initiative. The grant funding will allow the Fire department to maintain its operational readiness for the response to emergency incidents to protect critical infrastructure at military installations within the City, assist in meeting the benchmarks established by the Commission of Fire Accreditation International (CFAI), and to assist in meeting the Fire Department's goal of having four people on the scene in 4 minutes travel time and to meet OSHA requirements of "2 in/2 out". ■ Considerations: This grant is awarded by the U. S. Department of Homeland Security, FY 2014 Staffing for Adequate Fire and Emergency Response (SAFER) Grant. The funds provided will be apportioned back into the Fire Department's Operating Budget for reimbursement to pay for the salary and benefits of the 12 firefighter positions for two years. There is no local match required for this program. The program period begins February 06, 2016 and ends February 05, 2018, for obligation purposes. ■ Public Information: Public Information will be handled through the normal Council agenda process. ■ Recommendations: Accept and appropriate $1,386,000 from the U. S. Department of Homeland Security to the FY 2015-16 through 2017-18 Operating Budgets of the Virginia Beach Fire Department to assist in funding 12 new firefighter positions. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE U.S. DEPARTMENT OF 3 HOMELAND SECURITY FEDERAL EMERGENCY 4 MANAGEMENT AGENCY FOR THE 2014 STAFFING 5 FOR ADEQUATE FIRE AND EMERGENCY 6 RESPONSE (SAFER) GRANT TO THE FY 2015-16 7 OPERATING BUDGET OF THE FIRE DEPARTMENT 8 AND THROUGHOUT THE PERFORMANCE PERIOD 9 OF THE GRANT 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 1) That $1,368,000 in funding is accepted from the U.S. Department of 15 Homeland Security Federal Emergency Management Agency for the 2014 16 Staffing for Adequate Fire And Emergency Response (SAFER) Grant 17 appropriated to the FY 2015-16 Operating Budget of the Fire Department to 18 help support the Fire Department's four person staffing initiative and further 19 meet Fire industry standards, with estimated federal revenues increased 20 accordingly, and; 21 22 2) That 12 full-time firefighter positions are established, approved and 23 maintained within the Grants Consolidated Fund for the performance period 24 of the grant in the FY 2015-16, FY 2016-17 and FY 2017-18 Operating 25 Budgets of the Fire Department, provided however, these positions are 26 conditioned upon continued grant funding for the duration of the grant and the 27 availability of city funding at the end of the grant performance period. 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: L Budget and Management Services CA13492 R-1 September 9, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office r NIA�B�1-. :?7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $366,251 from the US Field Hockey Association to CIP 4-080 "Sportsplex/Field Hockey National Training Center Repairs/Renovations I" for Field Maintenance MEETING DATE: September 15.2015 ■ Background: The Virginia Beach/United States Field Hockey Association (USFHA) National Training Center was completed in 2001, and the City and the USFHA entered into a use agreement for the facility. The agreement stipulates that the fields be evaluated in 2010. Based on that evaluation, the artificial turf surface and asphalt base material of field #2 was replaced in April 2015 and USFHA has provided its cost share for the replacement. In addition to the April 2015 replacement for field #2, the artificial turf surface of field #1 was replaced in March 2013, and USFHA also cost participated in that project. ■ Considerations: CIP 4-080 "Sportsplex/Field Hockey National Training Center Repairs/Renovations I" was established to perform work such as the turf replacement at this facility. The USFHA has remitted $366,251, or 37% of the total cost of artificial turf and asphalt base removal and replacement for field #2 of $987,683.50. ■ Public Information: Information will be coordinated through the typical Council agenda notification process. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks & Recreati� City Manager: �—:�T� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO APPROPRIATE $366,251 FROM THE US FIELD HOCKEY ASSOCIATION TO CIP 4-080 "SPORTS PLEX/FIELD HOCKEY NATIONAL TRAINING CENTER REPAIRS/RENOVATIONS I" FOR FIELD MAINTENANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $366,251 from the United States Field Hockey Association is hereby appropriated, with private contribution revenue increased accordingly, to CIP 4-080 "Sportsplex/Field Hockey National Training Center Repairs/Renovations I" to reimburse the City for the portion of the costs of replacement for the artificial turf surface and asphalt base material of field #2. 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 of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Services CA13487 R-2 September 9, 2015 APPROVED AS TO LEGAL SUFFICIENCY: VVI-- 6 City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Law Enforcement Purposes MEETING DATE: September 15, 2015 ■ Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the Department of Justice (DOJ) that is used to assist with law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The Criminal Justice Board, which is comprised of City representatives from Police, Sheriff, Courts, and Community Corrections, agreed upon the best use of this grant funding. ■ Considerations: The total award for this grant is $95,475. The Virginia Beach Criminal Justice Board recommends that the funds be used as follows: • $41,048 to the Sheriff's Office to purchase the first phase of the Classification Electronic Movement System consisting of the purchase and installation of the hardware and equipment which will allow for the Sheriff's Office to record prisoner movement electronically. Grant will also fund the installation of shower doors in the showers of Buildings A and B in order to be compliant with Prison and Jail Standards of the Prison Rape Elimination Act (PREA) of 2003; • $37,949 to the Police Department to purchase a new RF (radio frequency) enclosure to protect evidence (data) on mobile devices from wireless signals or other sources until acquisition can be accomplished. Grant will allow three departmental members to attend a JTAG data analysis process course, which is an advanced technique used for unlocking devices and data acquisition. This funding will also partially purchase a digital forensic case management system that will assist in the tracking, assignment and documentation of cases in the Special Investigations Unit; and • $16,478 to the Community Corrections and Pretrial Department to purchase nine replacement printers and one new high volume printer, intoxilyzers used to test alcohol levels in clients, and a new NCICNCIN (National Crime Information Center / Virginia Criminal Information Network) computer terminal and a computer to be used as a client check-in kiosk. ■ Public Information: Public information will be provided through the normal Council Agenda process. Notice of a public hearing on this grant was provided in the Virginian Pilot's Beacon on September 6, 2015, and the hearing will be held on September 15, 2015. 0 Alternatives: No other funding is available for these projects. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: K. "ewl 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR LAW ENFORCEMENT PURPOSES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 1. $95,475 from the Department of Justice, Edward Byrne Justice Assistance Grant 8 Local Solicitation, is hereby accepted and appropriated, with estimated revenues increased 9 accordingly, to the following departments for the stated purposes: 10 11 a. $41,048 to the Sheriff's Office for the purchase and installation of the first 12 phase of the Classification Electronic Movement System and shower door; 13 14 b. $37,949 to the Police Department to purchase a new RF (radio 15 frequency) enclosure to protect evidence (data) on mobile devices from wireless 16 signals and to allow three departmental members to attend a JTAG data analysis 17 process course; and 18 19 C. $16,478 to the Community Corrections and Pretrial Department to 20 purchase nine replacement printers and one new high volume printer, intoxilyzers, a 21 new NCICNCIN computer terminal and a computer to be used as a client check-in 22 kiosk. 23 24 2. Replacement of items purchased with these grant funds will be contingent on 25 acquiring future grant funds. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Service City Attorne -4 CA13486 R-1 September 2, 2015 ra�,Nv`BEq H!, 4VV`a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for Community Based Resources for Older Adults MEETING DATE: September 15, 2015 ■ Background: The Department of Human Services (DHS) has been awarded additional one time State funding from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) through Regional Funding as part of the annual DBHDS Performance Contract. This funding is to be used in the Emergency Services program for the development of community based resources for older adults. ■ Considerations: Funding totals $75,000 and will be used to provide a full time contract clinician. This position will provide services with a goal of stabilizing the older adult in a community setting and diverting them from psychiatric hospitalization, when safe and clinically appropriate. The Clinician will conduct pre-screening for possible involuntary commitment when necessary, collaborate with hospital treatment teams, and participate in discharge planning. The Clinician will also develop community resources/strategies for assisting older adults in crisis, who do not meet TDO (temporary detaining order) criteria, but who continue to be high risk for subsequent hospitalization. The Clinician will work with these individuals and caregivers for up to 30 days to ensure that linkages are made, crisis plans are in place and follow up with treatment recommendations have occurred. This additional funding will assist older adults admitted to "safety net" beds at Eastern State Hospital by assessing needs and attempting to find alternative options for them in the community. Even though this $75,000 is one time funding, the State may be able to continue this funding; however, if the funding is not continued, these services will no longer be provided. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approval of ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Service City Manager: V , v 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE FUNDS FOR COMMUNITY BASED RESOURCES FOR OLDER ADULTS BE IT ORDAINED BY THE COUNIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: $75,000 from the Virginia Department of Behavioral Health and Developmental Services is accepted and hereby appropriated, with estimated State revenues increased accordingly, to the Department of Human Services FY 2015-16 Operating Budget to provide a full-time contractual clinician in the Emergency Services program for the development of community based resources for older adults. 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 of the members of City Council. APPROVED AS TO CONTENT Budget and Management Services CA13431 R-1 August 31, 2015 APPROVED AS TO LEGAL SUFFICIENCY: r City O c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the Operating Budget of Police for the Enforcement of DUI Laws MEETING DATE: September 15. 2015 ■ Background: The Virginia Department of Motor Vehicles ("DMV") has awarded DMV Highway Safety grants from the United States Department of Transportation, National Highway Traffic Safety Administration to the Virginia Beach Police Department for enforcement initiatives. The DUI Enforcement grant will be active from October 1, 2015, through September 30, 2016. Officers will use the funding for overtime needed for selective DUI enforcement. The grant will also fund the purchase of breath test devices and speed detection devices. ■ Considerations: The grant provides $60,060 in federal funds passed through DMV and requires a local grant match of $30,030, which will be transferred within the FY 2015-16 Operating Budget of the Police Department. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: O! 0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF DUI LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 9 10 11 12 13 14 15 1) $60,060 is hereby accepted from the United States Department of Transportation National Highway Traffic Safety Administration via the Virginia Department of Motor Vehicles and appropriated, with estimated federal revenues increased accordingly, to the FY 2015-16 Operating Budget of the Police Department for police officer over -time and equipment related to the enforcement of DUI laws; and 2) $30,030 is hereby transferred within the FY 2015-16 Operating Budget of the Police Department to provide the local grant match. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Q Budget and Management Services it ffi CA13489 R-1 September 3, 2015 r NM 1A�Bpq'�. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the Operating Budget of Police for the Enforcement of Seat Belt Laws MEETING DATE: September 15, 2015 ■ Background: The Virginia Department of Motor Vehicles has awarded a DMV Highway Safety grant to the Virginia Beach Police Department. The Seat Belt Enforcement grant will be active from October 1, 2015, through September 30, 2016. Officers will use the funding for overtime for selective traffic enforcement, the Click -It -or - Ticket campaign, and several traffic checkpoints. ■ Considerations: The grant provides $52,000 of federal funding passed through DMV and requires a $26,000 match, which will be funded through the Police Department's Operating Budget. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department 1r7 9-L City Manager: V - C,58 W-1, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF SEAT BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $52,000 is hereby accepted from the United States Department of 9 Transportation, National Highway Traffic Safety Administration, via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2015-16 Operating Budget of the Police Department for selective 12 traffic enforcement, the Click -It -or -Ticket campaign, and several traffic checkpoints; and 13 14 2) $26,000 is hereby transferred within the FY 2015-16 Operating Budget of the 15 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Q Budget and Management Servi es e s Office CA13433 R-1 September 3, 2015 fn: =Si ri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to Ocean Park Rescue Squad, Inc., for the Purchase of a New Ambulance MEETING DATE: September 15, 2015 ■ Background: The ten Volunteer Rescue Squads (VRS) in the City of Virginia Beach provide invaluable services to our community. The VRS own each ambulance providing 911 emergency medical transportation services in the City. The VRS do not receive any direct tax funding for operational cost to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the VRS is through its individual annual squad fund drives. Depending on the availability of funds, the City provides certain support costs for the rescue squads, such as: providing standard equipment for ambulances and physical facilities and spaces to house and support equipment and personnel; paying utility bills for facilities housing a rescue squad; providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport; providing ambulance fuel cost, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City has historically provided short term, no -interest loans to the VRS. These loans are used to purchase replacement ambulances. The Ocean Park Volunteer Rescue Squad Inc. (OPVRS) requests an interest-free loan from the City for an ambulance that will be used as a replacement for one of their aging ambulances. The cost of the replacement ambulance is $257,205. The OPVRS was awarded a state Rescue Squad Assistance Fund (RSAF) grant totaling $205,764. The loan request is for the remaining balance totaling $51,441. ■ Considerations: This agenda request includes a letter from the OPVRS requesting that the City provide this loan. The OPVRS intends to purchase the replacement ambulance by October 1, 2015. If approved by Council, the OPVRS loan is $51,441 and is payable in five equal annual payments of $10,288.20 each with the first payment due on August 30, 2016. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Alternatives: The alternative to this request is to pursue a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. ■ Recommendations: The Department of Emergency Medical Services (EMS) recommends approval of this loan request and ordinance. ■ Attachments: Ordinance, Loan Agreement, Promissory Note, and Letter from OPVRS Requesting the Loan. Recommended Action: Approval �%�%// SubmittingDepartment/Agency: Department of Emergency Medical Services,�r/�— City Manager: �"N 6101, Agreement between the City of Virginia Beach and the Ocean Park Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Ocean Park Volunteer Rescue Squad Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH City Manager/Authorized Designee ATTEST: City Clerk OCEAN PARK VOLUNTEER RESCUE SQUAD, INC. By: _ Title: Date APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management City Attorney's Office 2 PROMISSORY NOTE $51,441 Virginia Beach, Virginia September , 2015 FOR VALUE RECEIVED, Ocean Park Volunteer Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of FIFTY ONE THOUSAND FOUR HUNDRED AND FORTY-ONE DOLLARS ($51,441) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2016 - $10,288.20 On or before August 30, 2017 - $10,288.20 On or before August 30, 2018 - $10,288.20 On or before August 30, 2019 - $10,288.20 On or before August 30, 2020 - $10,288.20 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of airy overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Ocean Park Volunteer Rescue Squad, Inc. (SEAL) Title: Date: 3769 E. Stratford Rd. Virginia Beach, VA 23455 August 3, 2015 Chief Bruce Edwards Virginia Beach Department of Emergency Medical Services 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Sir: Ocean Park Volunteer Rescue Squad (OPVRS) is formally requesting a City of Virginia Beach loan in the amount of $51,441.00 to complete the purchase of an ambulance to replace Unit 141529. (VIN 1FV3GFBC91HA74062) which is a 2001 Type I Ambulance on a Medium Duty Freightliner FL -60 chassis. It will be replaced by a 2017 Type I Ambulance on a Medium Duty Freightliner M2 chassis. OPVRS applied for and has been awarded an 80/20 grant through the Virginia RSAF. The grant request is for a Type I Ambulance replacement on a Freightliner chassis and included Stryker Powerl-oad system as required by condition of the Grant. (Ambulances, ordered ofterJuly 1, 2015 must comply with the SAF J3026 Ambulance Patient Compartment Seating Integrity and Occupant Restraint SAE J3027 Ambulance Litter Integrity, Retention, and Patient Restraint standards.) OPVRS requested $257,205.00 and was awarded the full 80% amount of $205,764.00. At this time, OPVRS does not have any outstanding loans with the City of Virginia and hope that you will consider this request favorably. It would be our intention to repay the loan in full within five year in 5 equal annual base payments of $10,288.20 plus any interest or handling fees the City may require. R spectfully, erald L. Kerr President Ocean Park Volunteer Rescue Squad 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE OCEAN PARK 3 VOLUNTEER RESCUE SQUAD, INC. FOR THE PURCHASE 4 OF A NEW AMBULANCE 5 6 WHEREAS, the Ocean Park Volunteer Rescue Squad, Inc. has requested an 7 interest free loan of $51,441 to purchase a replacement ambulance. . 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That $51,441 is hereby appropriated from the fund balance of the General Fund for 13 an interest-free loan to the Ocean Park Volunteer Rescue Squad, Inc. for the purchase of a 14 replacement ambulance; and 15 16 2. That this loan is to be repaid by Ocean Park Volunteer Rescue Squad, Inc. over five 17 (5) years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2015 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Q Budget and Management Services .City Att s drrice CA13432 F-1 August 27, 2015 1,5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a $1,000 Donation to the Fire Department MEETING DATE: September 15, 2015 ■ Background: In August 2015, Walmart donated $1,000 to the Fire Department's Community Emergency Response Team (CERT) Program to be used as deemed appropriate by the Fire Department. ■ Considerations: State law requires an appropriation prior to the spending of these funds. The Fire Department proposes to use the donation for volunteer background checks and instructor overtime for CERT classes. ■ 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 City Manager: k 17�6xl - 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $1,000 DONATION TO THE FIRE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a $1,000 donation from Walmart is hereby accepted and appropriated, with estimated revenue from donations increased accordingly, to the Fire Department's Operating Budget for the funding of volunteer background checks and instructor overtime for CERT classes. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: h Budget and Management Service CittX,01rce CA13434 R-1 September 2, 2015 J. PLANNING 1. 2700 INTERNATIONAL PARKWAY CORP for Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business (approved May 14, 2002); and a Conditional Use Permit re a Mini -Warehouse at 3132 Sturbridge Court DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 2. KAWLIGA DUKES for a Subdivision Variance re a single-family home and private drive at 2884 Indian River Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: APPROVAL IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for a Conditional Use Permit re a Private School at 4413 Wishart Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 4. STAIN STUDIOS and OLD BRANDON LASKIN ASSOCIATES, LLC for a Conditional Use Permit re aTattoo Parlor at 1721 Laskin Road DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 5. ESPERANZA FORONDA and JERRY and ESPERANZA FORONDA for a Conditional Use Permit re Assisted Living Housing for Seniors and Disabled Persons at 4672 Indian River Road DISTRICT 1 — CENTERVILLE. RECOMMENDATION: APPROVAL 6. CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment re multiple family units at 596 Sea Oats Way DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 7. Applications of CITY OF VIRGINIA BEACH: a. Conditional Change of Zoning from I-1 Industrial to B-4 Mixed -Use District and Conditional Use Permits re the Housing Resource Center for the Homeless at 104 Witchduck Road DISTRICT 4 — BAYSIDE. RECOMMENDATION: APPROVAL b. AMEND Chapter 2 of the Comprehensive Plan re inclusion of all Strategic Growth Areas (SGA) as meeting the intent of the Virginia Code as Urban Development Areas. RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, September 15, 2015 at 6:00 PM, at which time the following applications will be heard: COUNCIL DISTRICT 4— BAYSIDE IVY LEAGUE ACADEMY Application: VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE [Owner], Conditional Use Permit (Private School), 4413 Wishart Road (GPIN 1478666381). COUNCIL DISTRICT 6— BEACH STAIN STUDIOS Application: OLD BRANDON LASKIN ASSOCIATES, LLC [Owner], Conditional Use Permit (Tattoo Parlor). 1721 Laskin Road (GPIN 2407784497). COUNCIL DISTRICT 4— BAYSIDE CITY OF VIRGINIA BEACH Application: Conditional Change of Zoning from 1-1 Industrial to B-4 Mixed -Use District and Conditional Use Permits (Group Home and Single -Room Occupancy Facility). 104 Witchduck Road [northeast corner of Witchduck Road and Southern Boulevard] (GPIN 1467844236) CITY OF VIRGINIA BEACH An Ordinance to Amend the Comprehensive Plan by adopting Amendments to Chapter 2 (Urban Areas) of the Policy Document pertaining to the inclusion of all Strategic Growth Areas as meeting the intent of the Virginia Code as Urban Development Areas. COUNCIL DISTRICT 1— CENTERVILLE ESPERANZA FORONDA Application: JERRY & ESPERANZA FORONDA Conditional Use Permit (Housing for Seniors and Disabled Persons). 4672 Indian River Road (GPIN 1474086507). COUNCIL DISTRICT 7— PRINCESS ANNE KAWLIGA DUKES Application: Subdivision Variance, 2884 Indian River Road (GPIN 1493337835) COUNCIL DISTRICT 6— BEACH CCW DEVELOPMENT ASSOC IATES-WAYNE DUPREE Application: Conditional Change of nin A-12 Apartment to Conditional A-12 Apartment. Proposal is for the development of eight dwelling units (10 units per acre). Comprehensive Plan — Oceanfront Resort Area SGA. 596 Sea Oats Way (GPIN 2417825192) COUNCIL DISTRICT 3— ROSE HALL 2700 INTERNATIONAL PARKWAY CORP. Application: Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business, approved by the City Council on 5/142002; and Conditional Use Permit (Mini -Warehouse Facility). Southeast side of Lynnhaven Parkway, approximately 200 feet northeast of Magic Hollow Boulevard. Official address is 3132 Sturbridge Court (GPIN 1496221184) All interested parties are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at hRn7//www.vbgoy.com/ X For information rail 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: AUGUST 30 & SEPTEMBER 6, 2015 1 1 1 J I e 0 s I I N i CITY OF VIRGINIA BEACH ITEM: 2700 INTERNATIONAL PARKWAY CORP. [Applicant & Owner], Modification of Proffers of a Conditional Change of Zoning from R-7.5 Residential to B-2 Business, approved by the City Council on 5/1412002; and Conditional Use Permit (Mini -Warehouse Facility). Southeast side of Lynnhaven Parkway, approximately 200 feet northeast of Magic Hollow Boulevard. Official address is 3132 Sturbridge Court (GPIN 1496221184). COUNCIL DISTRICT — ROSE HALL MEETING DATE: September 15, 2015 ■ Background: On May 14, 2002, City Council approved a change of zoning on the subject site from R-7.5 Residential District to Conditional B-2 Community Business District. A Conditional Use Permit was also granted for a mini -warehouse facility to be located on the site. The approved site plan from 2002 depicted two office/retail buildings on the northern portion of the site and five storage buildings located directly behind them. The rear portion of the site remained residentially zoned, and the site pian depicted eight single-family residential lots. This proposal was never developed. ■ Considerations: The applicant now desires to develop the parcel with a large, three-story storage facility, as well as to subdivide a portion of the site for future commercial development. The new site plan varies significantly from the pians approved in 2002; therefore, a modification of the proffers and conditions is required, as well a Conditional Use Permit for a storage facility. Since the Planning Commission hearing on August 12th, the applicant has made a minor change to the site plan and proffers. Six parking spaces have been added and a 25' by 60' office area that enhances the architectural detail of the building. These minor changes are highlighted on the site plan and elevations that immediately follow. The proffers were amended to reference the revised plans. Further details pertaining to the site and building designs, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. 2700 International Parkway Corp. Page 2 of 3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11 -0, to recommend approval of this request to the City Council as proffered with the following conditions attached to the Conditional Use Permit: All conditions attached to the Conditional Use Permit granted by City Council on May 14, 2002 shall be deleted and replaced with the following conditions. 1. There shall be no mechanical equipment permitted between the storage building and the eastern property line. 2. There shall be no electric or diesel power generator or generator fueled by any other sources of energy located outside the building. 3. The storage units shall be used for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 4. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixture shall not be erected any higher than fourteen (14) feet. 5. Signage on the parcel containing the storage facility shall be limited to one monument -style freestanding sign, and two building signs as shown on the submitted building elevations and renderings noted in Proffer 2. Any freestanding monument -style sign shall not exceed eight feet in height and shall be constructed using materials to match the building. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. An elevation drawing shall be submitted to the Planning Director for approval prior to obtaining a permit for the sign installation. A permit shall be obtained from the Planning Department, Zoning Division, for all signage added to the site. 6. The applicant shall change the address of the parcel containing the storage facility. The parcel shall obtain an address on Lynnhaven Parkway. This shall be done during the formal Site Plan review process with the Planning Department, Development Services Center. 7. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the building. 8. There shall be no exterior storage permitted on the Property. 2700 International Parkway Corp. Page 3 of 3 9. There shall only be one access point permitted from Lynnhaven Parkway for the subject site and the proposed outparcel. A one -foot no ingress/egress easement shall be recorded along Lynnhaven Parkway on the proposed outparcel when it is recorded. 10. Landscape material shall be installed on site in compliance with the requirements of the City's Landscape Guide. All landscaping shall be shown on the site plan and reviewed by the Planning Department, Development Service Center's Landscape Architect upon the formal Site Plan review process. Landscaping required includes, but is not limited to the following: (a) Category IV landscape screening along the east property line; (b) Foundation landscaping along the front of the storage building adjacent to Lynnhaven Parkway; (c) Street frontage landscaping, a minimum ten (10) feet in width, installed along Lynnhaven Parkway. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen�*� City Manageg1 (< -Z�e�'*t. r . • � L i e k +11• 1 1 �. f 1 N Y. '.1! . i � l 4 �! 'r� � �+i - =Parkingconfiguration changed (6 spaces Bolded) r ZONED R -7,S THREE-STORY t SELF STORAGE &A& ALUM tr 140'x410', 57.060 SF l�tI to Ito ` PROPOSED WET RETENTION POND -, BMP 25'x60' Office Area ;. projected from front fagade `t �,« „fUW?C# AMA dr aftl vt t • \Y PROP ED pAkLml ,"'r`• ,~"` �• M.622 SOUA119 F L\ R FEET 'f *^ RIb t ACC S +t� ill Z01441PI)HA w41 / r �\ �� 1 f , ' ' 1f . .• i 1 CONCEPT PLAN DETAIL- THE PROMENADE COMMERCIAL & SELF STORAGE 5 REVISED FOR CITY COUNCIL HEARING ON SEPTEMBER 15, 2015 ' 2 il B G L. - ._ it Lz W L W C Wu JL Zu _Q LL. 4 i d N U � N �L N E n� Q W j� Q rV r � � U C) 0 O a- C C J > i ,a wi Wz - 0` 4 �F Z= N t- � tv U � CN � N C) s Qi C Q) U O N 9 � 'C .� i Zu t 0 N W F z W- 0` W Q W W J W H 2= u LL 4 r v 0) 0 �n cn Q v N U CN ` D .0 D v i CL Z O Z_ a wLn J � CN Z U O ryU w J H myj WLli U OU) LL M LU w w 0 2 i }Z; W is . J— N' Z ' _W3 4, 0 Ln _. ---• NT/M vpv:l*� 1.MA V" VON I Mull 7UNWt p tl ,l:, t2 91I., i „wl uop3nasuo� ruY+�y�I «+ .aflanM "prow 3 j [�lrL7jjY_=/7fj' 3D1MO1S 3135 91VI�b3WWO� Jol iou 6uinneip „";�4�,.,a;.....,.», w 30WN3WOldd 3H1 AmuiwilaJd (to 10HX3 Limbid m �...._ _ NVId "33N0:) - L73 i 1 4 LLI No LLZ W� COQ W ca = , Z Jo 14 EL cc U Z wO UJ gC)m L) 0 U U b- LLJ L) w0V) Z� WW w G V) 0w w OfCL W 1, 1 ROSE HALL 2700 International Parkway l_orp. RTS r } R7A PORI A36 02' PDH( B2` PZ I' B? PDH( ��. R7.5 Modification OI Corldlrron3 4 August 12, 2015 Public Hearing APPLICANT & PROPERTY OWNER: 2700 INTERNATIONAL PARKWAY CORP. STAFF PLANNER: Kevin Kemp REQUEST: A. Modification of Proffers & Conditions of a Conditional Use Permit approved on May 14, 2002, and proffers dated January 15, 2002. B. Conditional Use Permit for a mini -warehouse / self -storage facility ADDRESS / DESCRIPTION: 3132 Sturbridge Court / Southeast side of Lynnhaven Parkway, approximately 200 feet northeast of Magic Hollow Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14962211840000 ROSE HALL 9.46 acres Greater than 75 dB DNL, APZ-2 BACKGROUND / DETAILS OF PROPOSAL Background: On May 14, 2002, City Council approved a change of zoning on the subject site from R-7.5 Residential District to Conditional B-2 Community Business District. A Conditional Use Permit was also granted for a mini -warehouse facility to be located on the site. The approved site plan from 2002 depicted two office/retail buildings on the northern portion of the site and five storage buildings located directly behind them. The rear portion of the site remained residentially zoned, and the site plan depicted eight single- family residential lots. The applicant now desires to develop the parcel with a large, three-story storage facility, as well as to subdivide a portion of the site for future commercial development. The new site plan varies significantly from the plans approved in 2002; therefore, a modification of the proffers and conditions is required, as well a Conditional Use Permit for a storage facility. Details / Site Design: The submitted site plan depicts a three-story storage building situated on the eastern portion of the site, with the parking area located in front of the building. There is one access point to the site, which will be a right-in/right-out only from Lynnhaven Parkway. A paved drive aisle and loading areas extend along the 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 1 side of the building and access will be controlled via a gate. The paved area will be enclosed using a six- foot tall aluminum fence. As required by the Zoning Ordinance, a 15 -foot landscape buffer containing Category IV plant material will be maintained between the building and the adjacent residential properties to the east. Although not shown on the submitted site plan, the applicant will install the required street landscaping along Lynnhaven Parkway, as per the requirements outlined in the City Landscape Guide. The stormwater management strategy includes a proposed wet retention pond located in the middle of site. Details / Building Design: The primary exterior building materials consist of brown textured block on the first level; light tan, small - cut textured blocks on the second and third level; and, a darker tan, textured block around the top of the building. There is a band of red Exterior Insulation Finishing System (EIFS) that extends along all sides of the building between the second and third levels. Horizontal columns of brick are evenly spaced along the fagade, with wall -mounted light sconces located at the second level. The exterior of the office area, located at the northwest corner of the building, incorporates storefront windows to clearly delineate it as the primary entrance to the facility for ..� visitors. The entrance is covered with a red, industrial -style canopy that is repeated along the west fagade of the building. The loading/unloading areas are also delineated by incorporating a change in the material - — and color, and by projecting the roofline slightly. RETAIL ELEVATION DETAIL LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: undeveloped parcel SURROUNDING LAND North: 0 Lynnhaven Parkway USE AND ZONING: 0 Single-family homes / R-7.5 Residential District 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 2 The applicant also proposes to subdivide a 0.841 acre parcel at the southwest corner of the site for future commercial development. The submitted building elevations depict red brick walls over a split -faced masonry water table, with an EIFS band above. The pedestrian level of the front fagade features a METAL ROOF variation of storefront sizes, projections, and recesses to provide EIFS ACCENT visual interest. Peaked roofs, cupolas, gables above some of the EIFS suites, and blue fabric canopies provide architectural detailing for FABRIC CANOPY the building. Wall mounted signs will be centered over each unit. BRICK The sides of the building are a continuation of the front, only STOREFRONT without the glass storefronts. The rear wall of the building is split - SPLIT FACED MASONRY faced block, with blue fabric canopies over each doorway. RETAIL ELEVATION DETAIL LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: undeveloped parcel SURROUNDING LAND North: 0 Lynnhaven Parkway USE AND ZONING: 0 Single-family homes / R-7.5 Residential District 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 2 South: . Magic Hollow Boulevard • Single-family homes / R-7.5 Residential District East: • Single-family homes / R-7.5 Residential District West: . Commercial uses & vacant wooded lots / PD -H1 Planned Development District NATURAL RESOURCE AND The site is primarily an undeveloped grassy field with several stands CULTURAL FEATURES: of trees. The site is located within the Chesapeake Bay Watershed. 5.85 acres of the site contain non -tidal upland wetlands area. There do not appear to be any significant cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable residential neighborhoods and reinforcing the suburban characteristics of commercial centers and other non-residential properties. Achieving these goals requires that land use activities maintain or enhance the existing neighborhood and are compatible with the surroundings, (pp. 3-1, 3-2). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIM: Lynnhaven Parkway is a six -lane urban major arterial; the existing median limits access to the northbound lanes. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use —1,594 ADT � a 42 100 ADT (LOS "D ) Proposed Land Use 3— 256 ADT *Note: Lynnhaven Parkway 34,600 ADT ," 48,200 ADT' (LOS ° "E") trip generation not able to be calculated for proposed outparcel due to lack of specifics. Average Daily Trips 2 as defined by conditions of the previous use permit approval for a retail shopping center and self -storage facility 3 as defined by 171,180 square foot self -storage facility 4 LOS = Level of Service WATER: This site must connect to City water. There are a 12 -inch and 16 -inch, as well as an 8 -inch plugged, City water mains along Lynnhaven Parkway. There is a 4 -inch plugged City water main along Sturbridge Court. SEWER: The site must connect to City sanitary sewer. There is a 12 -inch City sanitary sewer force main along Lynnhaven Parkway and an 8 -inch City gravity sanitary sewer main along Sturbridge Court. Sewer and pump analysis for Pump Station #539 is required to determine if future flows can be accommodated. 2700 INTERNATIONAL PAI�NAf '`Agenda ffitm 4 y. Pa e3 ` .. a EVALUATION AND RECOMMENDATION Staff recommends approval of these requests to modify the approved proffers and conditions from 2002, a Conditional Use Permit to develop the site with a storage facility, and to subdivide a portion of the site for future commercial development. The proposed use of the site for a storage facility is consistent with the Comprehensive Plan's land use policies for the Suburban Area. Additionally, both the proposed storage facility and future commercial uses are compatible with the surrounding land uses along Lynnhaven Parkway, a major commercial corridor. The site is located in the APZ-2 and Greater than 75 dB AICUZ; therefore, any use on the site must be a 'compatible' use per Article 18 (AICUZ Overlay Ordinance) of the Zoning Ordinance. The purpose of the AICUZ Overlay Ordinance is to regulate, in a manner consistent with the property owners' rights and the requirements of the military operations at NAS Oceana, uses and structures that are incompatible, while sustaining the economic health of the City and protect and preserve public health, safety and welfare from adverse impacts associated with high levels of noise from flight operations at NAS Oceana. The proposed storage use is identified as a compatible use in Section 1804 (Table 1) of the Zoning Ordinance. The proposed site layout, in Staffs opinion, is an improvement from the previously approved proffered plan. The new layout is respectful of surrounding properties and significantly lessens the amount of land being disturbed. The new layout locates the buildings along Lynnhaven Parkway, and, as a result, a large buffer is left between the proposed uses and the adjacent residential lots. The submitted building elevations for both the storage facility and the retail commercial center conform to the Retail Design Guidelines in Section 245 of the Zoning Ordinance. The proposed design is enhanced by using high quality materials, varying rooflines, changes in materials, storefront facades, and awnings. The use of these elements produces a well-designed and aesthetically pleasing buildings that will be, in Staffs opinion, a welcomed improvement to the Lynnhaven Parkway corridor. For the reasons stated above, Staff recommends approval of this request with the submitted proffers and conditions provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed and landscape substantially in accordance with the "CONCEPT PLAN THE PROMENADE COMMERCIAL AND SELF STORAGE GPIN 1496-22-1184- 0000 (Part), VIRGINIA BEACH, VIRGINIA", dated 05/29/15, prepared by Martin Engineering, which bas a• V, B 2700 INTERNATIONAL PAR4�W_4Y- CPte. ;agenda It 4 PZ 4 ;; been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, the architectural design, exterior building materials and colors of the self storage building shown on Concept Plan will be substantially as depicted on the three (3) page exhibit of renderings and one (1) page exhibit of elevations entitled "La Promenade Mini Price Storage Virginia Beach, VA", dated May 28, 2015, prepared by Finley Design Architecture + Interiors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). PROFFER 3: When the portion of the Property designated "PROPOSED OUTPARCEL" on the Concept Plan is developed, the exterior of any building on the Outparcel shall utilize substantially the same architectural features and style, as well as substantially the same external building materials and colors as depicted and designated on the exhibit entitled "Proposed Development for the PROMENADE AT LYNNHAVEN, VIRGINIA BEACH, VA.", prepared by Covington Hendrix Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). 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: The above listed Proffers have been reviewed and are acceptable to Staff. The City Attorney's Office has reviewed the proffer agreement dated May 29, 2015 and found it to be legally sufficient and in acceptable legal form. CONDITIONS All conditions attached to the Conditional Use Permit granted by City Council on May 14, 2002 shall be deleted and replaced with the following conditions. 1. There shall be no mechanical equipment permitted between the storage building and the eastern property line. 2. There shall be no electric or diesel power generator or generator fueled by any other sources of energy located outside the building. 3. The storage units shall be used for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 4. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini -warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixture shall not be erected any higher than_ . 2700 INTERNATIONAL P 40WAY d-16-0 A- gi I i 4 Paye 5 fourteen (14) feet. 5. Signage on the parcel containing the storage facility shall be limited to one monument -style freestanding sign, and two building signs as shown on the submitted building elevations and renderings noted in Proffer 2. Any freestanding monument -style sign shall not exceed eight feet in height and shall be constructed using materials to match the building. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. An elevation drawing shall be submitted to the Planning Director for approval prior to obtaining a permit for the sign installation. A permit shall be obtained from the Planning Department, Zoning Division, for all signage added to the site. 6. The applicant shall change the address of the parcel containing the storage facility. The parcel shall obtain an address on Lynnhaven Parkway. This shall be done during the formal Site Plan review process with the Planning Department, Development Services Center. 7. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the building. 8. There shall be no exterior storage permitted on the Property. 10. Landscape material shall be installed on site in compliance with the requirements of the City's Landscape Guide. All landscaping shall be shown on the site plan and reviewed by the Planning Department, Development Service Center's Landscape Architect upon the formal Site Plan review process. Landscaping required includes, but is not limited to the following: (a) Category IV landscape screening along the east property line; (b) Foundation landscaping along the front of the storage building adjacent to Lynnhaven Parkway; (c) Street frontage landscaping, a minimum ten (10) feet in width, installed along Lynnhaven Parkway. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 6 IOU JlsuOJ 39VN015 dl3S 9lVI�N3WW0� .lo; Sou - 6uime�p 30VN3WONd 3H1 dJYU1W1l23d LBIHX311W83d 3511 NVId 1d3�N0� i 1 IVAN KlwM-`MvlAlb0L � 1 rej,. I bEl IF, Qjq ESP, i PROPOSED SITE PLAN 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 a' Page 8 Foundation Landscaping 15' buffer with Category IV landscaping. Gate PROPOSED WET RETENTION POND amp `-Monument Sign Landscape �', Buffer to be a minimum PROPCSED 10' in width. '� OUTPARUL 36 672 SOUARf f E FT y 0 841 ACRES z 1 i I 6' Aluminum fence I DETAILED SITE LAYOUT 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 9 .,7is are . . i 1HkFC-STORY t SELF STORAGE 140' x 410' 57.060 SF Z Gate PROPOSED WET RETENTION POND amp `-Monument Sign Landscape �', Buffer to be a minimum PROPCSED 10' in width. '� OUTPARUL 36 672 SOUARf f E FT y 0 841 ACRES z 1 i I 6' Aluminum fence I DETAILED SITE LAYOUT 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 9 �q ff31V"J0�111/�F3MOMa7 3L3 � M wig W`+w�gr , MOS 306eB� s , 1 PROFFERED SITE LAYOUT- 2002 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 10 � V. Wp - J— ° ZW m 4D r M Ln N N E PROPOSED STORAGE BUILDING 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 11 ld i N u') O U N w C a N 7C) Q > C � EU C O 0 m PROPOSED STORAGE BUILDING 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 12 ZQ id 01 O O V N o U N CN c o O -0 Q O > C c� U O C N O m J � PROPOSED STORAGE BUILDING 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 13 Zir Vr o LnL'i z W r � :3 rw W V` J F V Z= _Q LL< No I O O L/) Lr) U o w C a N Q O � C � U Ea) N O m L a � �C J > PROPOSED STORAGE BUILDING 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 14 O WE 1 /i 4 In Z } O > wW J C O r 6 >' of < w w U > W < < w 0 W ¢ O O Q m m w Z < o o w Z u a_ z o�� x0�z d Q ] w a u W N 3 * > O W Y F i 4 PROPOSED COMMERCIAL BUILDINGS 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 15 ZONING HISTORY 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 16 VM5 Q� 1 AU p6f4 � r . o ° / a C, i •fib [� i� ,� B2 \ `P9141 aVrNEOI -PD 1'j ! '� Q f PH i yr APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers FVR = Floodplain Variance REZ = Rezoning NON = Nonconforming Use ALT = Alternative Compliance CRZ =Conditional Rezonin STC =Street Closure SVR = Subdivision Variance REQUEST ACTION # DATE 1 07/07/2009 CUP (residential kennel) Approved 2 12/13/2005 MOD (modification to Land Use Plan for communications tower) Approved 3 11/23/2004 CUP (religious use) Approved Approved 4 05/14/2002 CRZ (R-7.5 to Conditional B-2) 05/14/2002 CUP (mini -warehouse / self -storage facility) Approved 5 03/10/1992 MOD (modification of Land Use Plan for reli ious use) Approved 6 02/25/1992 CRZ (R-7.5 to Conditional 0-2) Approved 7 01/01/1979 LUP (Land Use Plan for Magic Hollow) Approved ZONING HISTORY 2700 INTERNATIONAL PARKWAY CORP. Agenda Item 4 Page 16 Item #4 2700 International Parkway Corp. Page 2 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. CONDITIONS 1. There shall be no mechanical equipment permitted between the storage building and the eastern property line. There shall be no electric or diesel power generator or generator fueled by any other sources of energy located outside the building. 3. The storage units shall be used for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 4. All exterior lighting shall be low intensity and residential in character. Consistent with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini - warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. Any outdoor lighting fixture shall not be erected any higher than fourteen (14) feet. Signage on the parcel containing the storage facility shall be limited to one monument -style freestanding sign, and two building signs as shown on the submitted building elevations and renderings noted in Proffer 2. Any freestanding monument -style sign shall not exceed eight feet in height and shall be constructed using materials to match the building. All signage shall be externally lit and no neon lighting visible from any adjoining property shall be permitted to be placed on the Property. An elevation drawing shall be submitted to the Planning Director for approval prior to obtaining a permit for the sign installation. A permit shall be obtained from the Planning Department, Zoning Division, for all signage added to the site. 6. The applicant shall change the address of the parcel containing the storage facility. The parcel shall obtain an address on Lynnhaven Parkway. This shall be done during the formal Site Plan review process with the Planning Department, Development Services Center. 7. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on the fence surrounding the building. 8. There shall be no exterior storage permitted on the Property. 9. There shall only be one access point permitted from Lynnhaven Parkway for the subject site and the proposed outparcel. A one -foot no ingress/egress easement shall be recorded along Lynnhaven Parkway on the proposed outparcel when it is recorded. Item #4 2700 International Parkway Corp. Page 3 10. Landscape material shall be installed on site in compliance with the requirements of the City's Landscape Guide. All landscaping shall be shown on the site plan and reviewed by the Planning Department, Development Service Center's Landscape Architect upon the formal Site Plan review process. Landscaping required includes, but is not limited to the following: (a) Category IV landscape screening along the east property line; (b) Foundation landscaping along the front of the storage building adjacent to Lynnhaven Parkway; (c) Street frontage landscaping, a minimum ten (10) feet in width, installed along Lynnhaven Parkway. A motion was made by Commissioner Thornton and seconded by Commissioner Wall to approve item 4. By a verbal vote of 10-0, the Commission approved item 4 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a verbal vote of 10-0, the Commission approved item 4 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Boar Conditional Use Permit Disposition of City Property Economic aDevelopment mens Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 61 t4 it Ir ! , .. • Check here if the APPLICANT /S NOT a corporation, partnership, firm, business, or other unincorporated organization. RCheck here if the APPLICANT /S a corporation, partnership, firm, business, or FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council meeting that pertains to theapplication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: "1Z,L JS _l REVISIONS SUBMITTED DATE Page 1 of 4 other unincorporated organization, AND THEN, complete the (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) 2700 International Parkway Corp.: Michael D. Sifen, President/Treasurer; Donald R. Smith, Vice President/Secretary (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 I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only JX property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. F� Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND TME -N. 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) (B) List the businesses that have a parent -subsidiary I or affiliated business entity 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. 1 '"Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 54 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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: YESI F NC? F SERVICE —� PROVIDER (use additional sheets if needed) ■ D O ■ 1 D Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors Finley Design PA Martin 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. Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property IL MIL.W �4 low4wPopp"r Virginia Beach TowneBank I Sykes, Bourdon, Ahern& Levy, P.C. I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL • • Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development -contingent on the subject public action? — If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application._ 'Donald R. Smith, Vice President rh? AP NT'§ SAA E PRINT NAME DATE' PROPERTY OWNER'S SIGNATURE PRINT NAME 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. In Reply Refer To Our File No. DF -9339 TO: Mark D. Stiles FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 3, 2015 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; 277 International Parkway Corp. The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 15, 2015. 1 have reviewed the subject proffer agreement, dated May 29, 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/ka Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of May, 2015, by and between 2700 INTERNATIONAL PARKWAY CORPORATION, a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Rose Hall District of the City of Virginia Beach, Virginia, containing a total of approximately 11-54 acres, of which a total Of 9.46 acres as described in Exhibit "A" attached hereto and incorporated herein by reference, are referred to herein as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated January 15, 2002 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4698, at Page 078o (hereinafter "2002 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein replace and supersede those contained in the 2002 Proffers; and GPIN: 1496-22-1184 (Part of) Prepared By: R. Edward Bourdon, Jr., Esquire VSB #2216o Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or -quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running v,,Ath the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed and landscape substantially in accordance with the "CONCEPT PLAN THE PROMENADE COMMERCIAL & SELF STORAGE Lynnhaven Parkway GPIN 1496-22-1184-0000 (Partial Parcel), VIRGINIA BEACH, VIRGINIA", dated 05/29/15, prepared by Martin Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, the architectural design, exterior building materials and colors of the self storage building shown on the Concept Plan will be substantially as depicted on the three (3) page exhibit of renderings and one (1) page exhibit of 2 elevations entitled "La Promenade Mini Price Storage Virginia Beach, VA", dated May 28, 2015, prepared by Finley Design Architecture + Interiors, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). 3. When the portion of the Property designated "PROPOSED OUTPARCEL" on the Concept Plan is developed, the exterior of any building on the Outparcel shall utilize substantially the same architectural features and style, as well as substantially the same external building materials and colors as depicted and designated on the exhibit entitled, "Proposed Development for the PROMENADE AT LYNNHAVEN, VIRGINIA BEACH, VA.", prepared by Covington Hendrix Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Elevations"). 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 Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the 3 authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. C! VvTMESS the following signature and seal: Grantor: 2700 International Parkway karpy, a Virginia corporation Corporation By: -Z � �" / -, 2-1- , , z" �- (SEAL) i50—nald R-./SmTth, c --e Ne-si46j-,-' STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 2 9 th day of May, 2015, by Donald R. Smith, Vice President Of 2700 International Parkway Corporation, a Virginia corporation, Grantor. Notary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 5 EXHIBIT "A" Beginning at a point on the south side of Lynnhaven Parkway at west property line of property owned by Roland E. Edney et ux; thence S 230 20'oo" E — 832.13' to a point; thence S 360 21' 54" W — 360.05' to a point; thence N 530 36'o6" W — 374.14' to a point; thence N 220 44'13" W — 556.09' to a point on south side of Lynnhaven Parkway; thence along south side of Lynnhaven Parkway N 51' 24'35" E — 511.88' to a point, said point of beginning. GPIN: 1496-22-1184 (PART OF) H:\AM\Mod of Proffers\2700 International Pkwy\lst Amendment to Proffers.doc 31 owoso Fa CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KAWLIGA DUKES [Applicant & Owner], Subdivision Variance, 2884 Indian River Road (GPIN 1493337835). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: September 15, 2015 ■ Background: The Subdivision Regulations require that all lots created by subdivision must meet all requirements of the Zoning Ordinance and have direct access to a public street. The subject site is zoned AG -1 Agricultural District where the minimum lot area is one acre or 43,560 square feet and the minimum lot width is 150' measured at the street setback. Access to Indian River Road is via a 15' wide private right-of-way and the parcel does not have direct access to a public street. ■ Considerations: The applicant desires to build a single family home on the subject parcel which was not legally created by subdivision plat. Because the parcel contains slightly less than one acre, 43,155 square feet, and does not have direct access to a public street, a subdivision variance is required. Further details pertaining to the subdivision as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11 -0, to recommend approval of this request to the City Council with the following conditions: 1 The site shall be substantially as shown on the submitted plan entitled, "PRELIMINARY SUBDIVISION OF PROPERTY," dated May 26, 2015, as prepared by Bonifant Land Surveys. 2. The above reference subdivision plan must be submitted to the Planning Department/Development Services Center for review for recordation. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Kawliga Dukes Page 2 of 2 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme< City Manager: 6� •71&V* PR#NCESS ANNE DISTRKr - UN WAIM Rlwt Rtrd KevAlp Dukes Existing Minimum AGA Lot Width Requirement in 150 as measured at n/a feet' the street setback line • ! 0!0 70 dB'0ft AKui � w A) n ; R y 65 to 70dCONtAKUZ 1 August 12, 2015 Public Hearing APPLICANT & PROPERTY OWNER: KAWLIGA DUKES subaftisim IMrienm STAFF PLANNER: Kristine Gay REQUEST: Variance to Section 4.4 (b) and 4.4(d) of the Subdivision Regulations, which require that all lots created by subdivision must meet all requirements of the zoning ordinance and that all lots shall have direct access to a public street. ADDRESS / DESCRIPTION: 2884 Indian River Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1493-33-7835-0000 PRINCESS ANNE 43,155 square feet 65 to 70 dB DNL (ITA) BACKGROUND / DETAILS OF PROPOSAL The existing lot is zoned AG -1 Agricultural District. The current property owner purchased the property in good faith with the intent of building a single-family residence for himself and his family. At the time of purchase, the property was described and dimensioned upon a subdivision recorded in Map Book 62 page 43, as being one acre in area. Said subdivision was recorded in 1964. In all subsequent descriptions, the property has been referred to as a one -acre parcel. However, the property was transferred via deed prior to the recording of the one -acre descriptor subdivision (DB. 649 P 228) and narrowly fails to meet the certain dimensional criteria required in the AGA Agricultural District as shown in the table below: KAWLIGA DUKES Agenda Item 1 Page 1 Required Existing Minimum AGA Lot Width Requirement in 150 as measured at n/a feet' the street setback line Minimum AGA 43,560 43,155 KAWLIGA DUKES Agenda Item 1 Page 1 Required Lot Area in square feet ' Lot width is measured at the rear of the required front yard, not at the right-of-way. As shown above and on the survey included in this report, while the subject site is 164 feet in width, it does not have direct access to an accessible public street as required by Section 4.4 (d) of the Subdivision Ordinance. The property indirectly connects to the 30 -foot -wide public right-of-way of Indian River Road via 1,034 feet of a gravel drive way which is shown as being a 15 -foot -wide right-of-way. The site will be developed with one single-family residential unit. The unit will have access to water through the proposed well. Effluent will be resolved by use of a primary disposal mound and reserve disposal area. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant SURROUNDING LAND North: Rural Land and Single-family homes / AG -1 Agricultural District USE AND ZONING: South: Rural Land and Single-family homes / AG -1 Agricultural District East: Rural Land and Single-family homes / AG -1 Agricultural District West: Single-family homes / PD -H1 Planned Unit Development NATURAL RESOURCE AND CULTURAL FEATURES: The site is an open lawn surrounded by heavily wooded areas. COMPREHENSIVE PLAN: The site is located south of the "Green Line" where less populated, lower density, recreational and rural areas are planned for and characterized by an abundance of natural resources, larger open spaces, and the City's prime agricultural lands. This area is also identified as being part of the Princess Anne Special Economic Growth Area (SEGA) and Interfacility Traffic Area (ITA) high noise zone between NAS Oceana and NAS Fentress. One of the principal effects of this new designation is to reduce the residential density to what can be achieved by -right with Agricultural zoning (one unit per 15 acres) due to the incompatibility of residential uses in a high noise zone. Recommendations for the Princess Anne SEGA include striving to achieve 50% open space, protecting sensitive land, limiting residential development to areas outside of the AICUZ restricted areas, expansion of suburban infrastructure in the northern portion of the ITA. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to apja7it.�ioer,�y, and the character of the neighborhood will not be adversely affectedY `4C.'�,- d� WLIG ' LR(ES :� � # Agen Item a 5 � lk z k age 2 C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Given the recordation history of the subject site, Staff finds the requested subdivision variance to be in keeping with the recommended development for the subject area. The subject request in generally in line with Section 9.3 of the Subdivision Ordinance. It is not expected that the adjacent and surrounding properties will be adversely effected by the subdivision. Accordingly, staff recommends approval of the request following conditions below. CONDITIONS 1. The site shall be substantially as shown on the submitted plan entitled, "PRELIMINARY SUBDIVISION OF PROPERTY," dated May 26, 2015, as prepared by Bonifant Land Surveys. 2. The above reference subdivision plan must be submitted to the Planning Department/Development Services Center for review for recordation. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AWLIGA Agen',, Item age 3 ' ,t ::: w� •�� .�;:� ; , ��►``' , �� „ a. � �� ► �F� • f .- ., • r `, ;, . �; ,fir ,* r �. �` r .. ,. x ,: � ` �, �\� �. •. d® ��. .I ��. t _ �� . �� ::.. � ' . � ` R. r • I PRELIMINARY SUBDIVISION OF MOPERTY 1 ACRE PARCOL >.iSn� =7 GEORGN r WWGUM4 BEACK , IND �' (30 RN:) �e.wrm +yam PROPOlp, -L4N ,"WLIGA lI CES ' - Ari i Item ge. age 5 _ 1 � .d PRINCESS ANNE DISTRICT — 2884 Indian River Road Kawliga Dukes Suba►vfslon variance APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers NON = Nonconforming Use FVR = Floodplain Variance ALT = Alternative Compliance REZ = Rezoning CRZ = Conditional Rezoning STC = Street Closure SVR = Subdivision Variance 2 05-13-2008 CRZ (Modification to PD -H1 Villages at West Neck Land Use Granted Pr 05-11-1999 Plan) Granted r, -65 to 70 ae sNM AICUZ and R-40 Residential to Conditional PD -H1 Planned Unit Development District; AG -1, AG -2, R-20, and R-40 to Conditional P-1 Preservation District. [Villages at West Neck 3 r J SVR Granted 4 iBaa , \ y'65 'okFtl'n. to 70 dB DNL AICUZ - (ITA) Suba►vfslon variance APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers NON = Nonconforming Use FVR = Floodplain Variance ALT = Alternative Compliance REZ = Rezoning CRZ = Conditional Rezoning STC = Street Closure SVR = Subdivision Variance 2 05-13-2008 CRZ (Modification to PD -H1 Villages at West Neck Land Use Granted 05-11-1999 Plan) Granted CRZ (AG -1 Agricultural, AG -2 Agricultural, R-20 Residential, and R-40 Residential to Conditional PD -H1 Planned Unit Development District; AG -1, AG -2, R-20, and R-40 to Conditional P-1 Preservation District. [Villages at West Neck 3 9-27-2011 SVR Granted KAWLIGA DUKES Agenda Item 1 Page 6 Item #1 Kawliga Dukes Subdivision Variance 2884 Indian River Road District 7 Princess Anne August 12, 2015 CONSENT An application of Kawliga Dukes for a Variance to Section 4.4 (b) and 4.4(d) of the Subdivision Regulations, which require that all lots created by subdivision must meet all requirements of the zoning ordinance and that all lots shall have direct access to a public street on property located at 2884 Indian River Road, District 7, Princess Anne. GPIN: 1493-33-7835-0000. CONDITIONS 1. The site shall be substantially as shown on the submitted plan entitled, "PRELIMINARY SUBDIVISION OF PROPERTY," dated May 26, 2015, as prepared by Bonifant Land Surveys. 2. The above reference subdivision plan must be submitted to the Planning Department/Development Services Center for review for recordation. A motion was made by Commissioner Thornton and seconded by Commissioner Wall to approve item 1. AYE 10 NAY 0 BROCKWELL HODGON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE ABS 0 ABSENT 1 By a verbal vote of 10-0, the Commission approved item 1 for consent. The applicant Kawliga Dukes appeared before the Commission. ABSENT 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE [� 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 FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Page 1 of 4 Plannino Commission and Citv Council meeting that pertains to the aoolication(s). ❑ APPLICANT NOTIFIED OF HEARING DAl E: NO CHANGES AS OF DAl E: REVISIONS SUBMITTED DAl E: - 3- other unincorporated organization, AND THEN, complete the folloowinq. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (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 Applicant. d Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary I 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. -- 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if F needed) �Ml MAIN IFIEN"M Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors 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. Z- 0, D R5 ■ Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property f Aee "PearSoV1 GeorcJe Yy)gson %u` a r e►^ Lancs t;�lz I ker' �C SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES �N-�O( ❑ LJ Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S NATURE PRINT NAME DATE ER'S SIGNATURE I PRINT NAMEJ DATE 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. Page 4 of 4 ui CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: IVY LEAGUE ACADEMY [Applicant] VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE [Owner], Conditional Use Permit (Private School), 4413 Wishart Road (GPIN 1478666381). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: September 15, 2015 ■ Background: The First Church of the Nazarene currently occupies this 6.1 acre site zoned R-20 Residential District. A private school requires a Conditional Use Permit in the Residential Districts. ■ Considerations: This is a Conditional Use permit application for a private school with a maximum of 150 students to operate within the First Church of the Nazarene. No new construction is proposed. The school will be open Monday through Friday from 7:30 am to 5:30 pm. Students will range from three year old preschoolers through the sixth grade. Further details pertaining to the proposal, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request with the following conditions: 1. The proposed use of a private school shall operate only between the hours of 7:30 am and 5:30 pm, Monday through Friday. 2. A maximum of 150 students shall be permitted to enroll each year. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Ivy league Academy Page 2 of 2 , Submitting Department/Agency: Planning Departme t City Manager:. SAYSIDE DISTR[Cr — to V `4- Ivy League Academy i Conditior,o) Use REQUEST: Conditional Use Permit (Private School) `at o Prlwfe School ADDRESS / DESCRIPTION: 4413 Wishart Road 12 September 9, 2015 Public Hearing APPLICANT: IVY LEAGUE ACADEMY PROPERTY OWNER: VIRGINIA BEACH FIRST CHURCH OF THE NAZARINE STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14786663810000 BAYSIDE 6.1 acres Less than 65 dB DNL Ivy League Academy is a private school that has been located at the Pembroke Manor House since 1993. The school is interested in relocating to 4413 Wishart Road to allow room for expansion. This property is zoned R-20 Residential District; within this District, the proposed use of a private school requires a Conditional Use Permit. The subject site is currently occupied by the First Church of the Nazarene. The site is just over 6 acres in area and has been developed with the primary church building, a class room and office building, two trailers, and a dwelling unit. To the east and south of the buildings there are 115 paved parking spaces. To the west of the buildings there is a playground and a large open lawn. The proposed private school will operate from 7:30 in the morning to approximately 5:30 in the evening. Children as young as three years old may enroll in the preschool program with sixth grade being the highest grade level currently taught at Ivy League Academy. For the first school year at the proposed location, 100 students are expected to enroll. Within three to four years, the school is expecting up to 150 students to enroll each year. Currently, the school is run by a total of nine teaching professionals. Children are dropped off and picked -up each day by their parents; the school does not provide a bus IVY LEAGUE ACADEMY Agenda Item 12 Page 1 I SITE Ivy League Academy i Conditior,o) Use REQUEST: Conditional Use Permit (Private School) `at o Prlwfe School ADDRESS / DESCRIPTION: 4413 Wishart Road 12 September 9, 2015 Public Hearing APPLICANT: IVY LEAGUE ACADEMY PROPERTY OWNER: VIRGINIA BEACH FIRST CHURCH OF THE NAZARINE STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14786663810000 BAYSIDE 6.1 acres Less than 65 dB DNL Ivy League Academy is a private school that has been located at the Pembroke Manor House since 1993. The school is interested in relocating to 4413 Wishart Road to allow room for expansion. This property is zoned R-20 Residential District; within this District, the proposed use of a private school requires a Conditional Use Permit. The subject site is currently occupied by the First Church of the Nazarene. The site is just over 6 acres in area and has been developed with the primary church building, a class room and office building, two trailers, and a dwelling unit. To the east and south of the buildings there are 115 paved parking spaces. To the west of the buildings there is a playground and a large open lawn. The proposed private school will operate from 7:30 in the morning to approximately 5:30 in the evening. Children as young as three years old may enroll in the preschool program with sixth grade being the highest grade level currently taught at Ivy League Academy. For the first school year at the proposed location, 100 students are expected to enroll. Within three to four years, the school is expecting up to 150 students to enroll each year. Currently, the school is run by a total of nine teaching professionals. Children are dropped off and picked -up each day by their parents; the school does not provide a bus IVY LEAGUE ACADEMY Agenda Item 12 Page 1 service. Beyond the playground there is adequate space for associated small scale outdoor recreational activities. Ivy League Academy will not be hosting athletic events on-site. After school activities primarily consist of band practice which takes place inside. The proposed use will take place within the existing church structure and will operate Monday through Friday. No construction or site improvements are proposed in conjunction with this use. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Self -standing Church SURROUNDING LAND North: . Wishart Road USE AND ZONING: Single-family residential / R-30 Residential District South: . Single-family residential / R-20 Residential District East: . Lynnhaven House / R-20 Residential District West: . Single-family residential / R-10 Residential District • Row -houses / A-12 Apartment District NATURAL RESOURCE AND There do not appear to be any significant cultural or environmental CULTURAL FEATURES: features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area. The General Planning Principles for the Suburban Area include preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods. Achieving these goals of preserving neighborhood quality requires insuring compatibility with the surroundings, careful mix of land uses, quality, and attractiveness of site and buildings, environmental responsibility, livability and placement of conditions on places of special care. These goals are to be applied with respect to the type of proposed use, size, and intensity of the proposed use and relationship to the surrounding uses. EVALUATION AND RECOMMENDATION The proposal to use a portion of the existing church building as a private school is appropriate for the subject site and surrounding land -uses. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The proposed use of a private school shall operate only between the hours of 7:30 am and 5:30 pm, Monday through Friday. 2. A maximum of 150 students shall be permitted to enroll each year. IVY LEAGUE ACADEMY Agenda Item 12 Page 2 NOTE., Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. IVY LEAGUE ACADEMY Agenda Item 12 Page 3 -; - �. �- , . � x _! �r . if � - iv L puc hCad n� ��'�} � r �. � .� s i. � e� �� I. � wl � -��r�, r.,.u�,P '- �'� h z1� r :l �...�...'n- � u. �:� #��, �, - ` �'��' � • "�� '-� C•7 �r , �,_ g ,�► ..� � .� �� V �.. ` �� ... ��A• `� ' . Y " t ,Y� ;�.� f 4Y Irl �_ �� _ E � Y y� ya4 r`` �� BAYSIDE DISTRICT — 4413 vowiff ROAD �I- (+ i j SITE )VE - Ivy League Academy A -i RD j r Conditional Use Permit far a Private School APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers FVR = Floodplain Variance REZ = Rezoning NON = Nonconforming Use ALT = Alternative Compliance CRZ = Conditional Rezoning STC = Street Closure - SVR = Subdivision Variance # DATE REQUEST ACTION UP (Museum) Granted IVY LEAGUE ACADEMY Agenda Item 12 Page 6 4DY 1 -7- HA Y""-. 0- N �I- (+ i j SITE )VE - Ivy League Academy A -i RD j r Conditional Use Permit far a Private School APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers FVR = Floodplain Variance REZ = Rezoning NON = Nonconforming Use ALT = Alternative Compliance CRZ = Conditional Rezoning STC = Street Closure - SVR = Subdivision Variance # DATE REQUEST ACTION UP (Museum) Granted IVY LEAGUE ACADEMY Agenda Item 12 Page 6 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic... ._......_. �—.. Development Investment Program (EDLP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION i / APPLICANT DISCLOSURE F1 Check here if the APPLICANT 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. heck here if the APPLICANT /S a corporation, partnership, firm, business, or FOR CITY USE ONLY f All disclosures must be updated two (2) weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING GATE.: ❑ NO CHANGES AS OF [SATE. �pq REVISIONS SUBMITTED LATE. — f � Sv 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) (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 Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Sec° 11,et d Chwrc h `f rws�ee_s ❑ 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) (B) List the businesses that have a parent -subsidiary I 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. VB1 Board of Trustees 2015 Andrey Yatsula — Head of Board of Trustees Email: yatsula@gmaii.com Address: 159 Greendale Rd Virginia Beach, Virginia 23452 Phone: 757-748-1048 Mike Brabble Email: thebrabbles@ouflook.com Address: 1077 Charity Drive Virginia Beach, VA 23455 Eric Haynes Email: erich@pctan.com 1. Address: 2125 West Kendall Cir Virginia Beach, VA 23451 Phone: 256-898-5704 Dan Talbot Email: danielptalbot@hotmail.com; talbot.daniel70@gmail.com Address: 3864 Daiquiri Lane Virginia Beach, Virginia 23456 Phone: 757-472-2537 Marion King — Pastor Email: marlonking@icloud.com Address: 4495 Drum Castle Ct. Virginia Beach, Virginia 23455 Phone: (513) 884-0623 Virginia Beach 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. l "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NQ SERVICE FP-ROVIDER(use additional sheets if needed) M ❑ �J Accounting and/or preparer of your tax return Architect / Landscape Architect J Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors 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. + � F Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property t`.eyrM Virginia Beach 1 LA Iacrm 1,v e � b SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE W Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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 t e Planning Commission, Council, VEDA meeting, or meeting ofany public y or/committee in connection with this Application. 6 r t APPLIICjANT'$ SIGNATURE P INT NAME DATE j n j I i fJ J k 1 11F)4- �� AJ A4osJ �n / ffrrrJii �+ � O K 1A + f PR PERTY OWNER'S SIGNATURE PRINT NAME $ DTE 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. Item #12 Ivy League Academy Conditional Use Permit 4413 Wishart Road District 4 Bayside September 9, 2015 CONSENT An application of Ivy League Academy for a Conditional Use Permit (Private School) on property located at 4413 Wishart Road, District 4, Bayside. GPIN: 14786663810000. 1. The proposed use of a private school shall operate only between the hours of 7:30 am and 5:30 pm, Monday through Friday. 2. A maximum of 150 students shall be permitted to enroll each year. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 12. AYE 10 BROCKWELL HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE NAY 0 ABS 0 ASSENT 1 By a vote of 10-0, the Commission approved item 12 by consent. The applicant Tony Dimino appeared before the Commission. ABSENT (A O In D Z cry a �, west 5 4� - r n s , -d .e. - o1orial v R°a FirSt Coo V -I 3 N[V AV= RD 11Llop V - o � Q O J i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STAIN STUDIOS [Applicant] OLD BRANDON LASKIN ASSOCIATES, LLC [Owner], Conditional Use Permit (Tattoo Parlor). 1721 Laskin Road (GPIN 2407784497). COUNCIL DISTRICT — BEACH. MEETING DATE: September 16, 2015 ■ Background: This 0.97 acre site is zoned B-2 Community Business District where a Tattoo Parlor requires a Conditional Use Permit and must meet location and other criteria outlined in Section 242.1 of the City Zoning Ordinance. Stain Studios currently operates a tattoo parlor at 91 South Witchduck Road, which is being acquired for the Witchduck Road — Phase 11 Project. Stain Studios has operated successfully at that location with no known health or zoning violations. ■ Considerations: Stain Studios is requesting a Conditional Use Permit to operate a tattoo parlor within the rear 2,240 square feet of the existing commercial building. Further details pertaining to the site, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any on-site signage for the office complex and the tattoo parlor shall meet the requirements of the Zoning Ordinance. The use of L.E.D. (or similar electronic display) shall be prohibited from any sign that specifically advertises the tattoo parlor. 3. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. Page 2 of 2 4. The hours of operation shall be within the hours of 10:00 a.m. to 10:00 p.m., seven days a week. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme 4A��-� City Manager: % t/--, BEACH DISTRICT—Iril L". woad STAIN STUDIOS F r r >7S dB ICUZ as F r a z >73 dB DNL AICUZ ..., Do"na I of �. r �� Is , Conditional Use Pvmh (Tattoo Parlor) REQUEST: Conditional Use Permit for a Tattoo Parlor ADDRESS / DESCRIPTION: 1721 Laskin Road 11 September 9, 2015 Public Hearing APPLICANT: STAIN STUDIOS PROPERTY OWNER: OLD BRANDON LAS KI N ASSOCIATES, LLC STAFF PLANNER: Stephen J. White GPIN: ELECTION DISTRICT: SITE SIZE: 0.97 acre AICUZ: 24077844970000 BEACH UNIT SIZE: 2,240 SF Greater than 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant currently operates Stain Studios, a tattoo parlor, at 91 South Witchduck Road. The applicant has operated at that location since 2011, when the City Council granted the applicant a Conditional Use Permit for a Tattoo Parlor on April 12, 2011. The applicant's studio has operated at that location in compliance with the conditions of that Use Permit, the regulations of the Health Department, and without any reported incidents. The current site of the tattoo studio is within an area bordered by 1-264 on the south and west, S. Witchduck Road on the east, and the on-ramp to 1-264 on the north. The City of Virginia Beach has acquired the area, as it is within the limits of the Witchduck Road - Phase II Project (CIP 2-025). Part of the acquisition process involves finding a new site for businesses that are being displaced, and the Laskin Road site is being proposed for the relocation of the applicant's studio. The applicant, therefore, is requesting a Conditional Use Permit for a Tattoo Parlor. STAIN STUDIOS Agenda Item 11 Page 1 The new location for the tattoo parlor is proposed as the rear 2,240 square feet of an existing building, located to the east of a site recently redeveloped for a drugstore. The submitted site plan shows the building with parking located on three sides, including the side of the building where the studio is proposed. There is sufficient parking on the site for the portion of the building being used for retail use as well as the tattoo studio. There are 47 parking spaces on the site, with 15 of those spaces shared with the drugstore to the east. In addition to the owner of the studio, the studio has eight employees. Services are only provided to adults 18 years of age and older. The hours of operation are proposed as 10:00 a.m. to 10:00 p.m., seven days a week. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Retail SURROUNDING LAND North: . Laskin Road USE AND ZONING: . Retail and Financial Services / B-2 Business District South: . Religious Use (Church) / B-2 Business District East: . Drugstore / B-2 Business District West: . Retail / B-2 Business District There is another Tattoo Parlor, approved by the City Council in 2008, located to the east on Nevan Road. Section 241(b) of the Zoning Ordinance, which provides standards for tattoo parlors, prohibits tattoo parlors from being within 600 feet of each other. The subject site and the existing tattoo parlor on Nevan Road are 1,300 feet from each other. NATURAL RESOURCE AND The site is completely impervious with the exception of very limited CULTURAL FEATURES: landscaped areas. There are no known cultural features of any know significance associated with this site. COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area, as identified by the Comprehensive Plan and the Hilltop SGA Master Plan. On August 28, 2012, the Hilltop SGA Master I was adopted as an amendment to the Comprehensive Plan. The SGA Plan recommends non-residential mixed-use development for this site with uses that are deemed compatible with the AICUZ designation (p. 13, Hilltop SGA Plan). IMPACT ON CITY SERVICES The introduction of a Tattoo Parlor within an existing building at this location is not expected to have any significant impact on City services. STAIN STUDIOS Agenda Item 11 Page 2 EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The tattoo studio has operated for four years at a South Witchduck Road location without incident and in compliance with the conditions of its 2011 Conditional Use Permit. The search for a new location for the business as a result of the South Witchduck Road improvement project led to the subject site. Finding a new site for the tattoo parlor was significantly constrained by the location criteria for tattoo parlors as specified in Section 242.1(b) of the City Zoning Ordinance, which states that "no tattoo parlor or body piercing establishment shall be located within six hundred (600) feet of another tattoo parlor or body piercing establishment, Residential or Apartment District, or school." The location proposed for the tattoo studio within the rear 2,240 square feet of an existing building offers compatibility of the use with the surrounding uses. Additionally, as the proposed location of the studio is within an existing building, the use is consistent with the recommendations of the Comprehensive Plan, and by extension, the Hilltop SGA Plan, since there are no physical changes to the site being proposed. Approval is recommended with the conditions below. CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 1. Any on-site signage for the office complex and the tattoo parlor shall meet the requirements of the Zoning Ordinance. The use of L.E.D. (or similar electronic display) shall be prohibited from any sign that specifically advertises the tattoo parlor. 2. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 3. The hours of operation shall be within the hours of 10:00 a.m. to 10:00 p.m., seven days a week. STAIN STUDIOS Agenda Item 11 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. STAIN STUDIOS Agenda Item 11 Page 4 EXISTING SITE LAYOUT STAIN STUDIOS Agenda Item 11 Page 7 /: �� Lil- z 0 ui EXISTING SITE LAYOUT STAIN STUDIOS Agenda Item 11 Page 7 FLOOR PLAN STAIN STUDIOS Agenda Item 11 Page 8 ZONING HISTORY STAIN STUDIOS Agenda Item 11 Page 9 BEACH DISTRICT— 17211askln Road STAIN STUDIOS l0• i = w 754 d8 A1C70Z �sk�n °4 ( SATE i WOO M L Q. %75 d8 L A►CUZ 8 VNP DR pr y _� gonna q Conditional Use Permit (Tattoo Parlor) APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or Proffers FVR = Floodplain Variance REZ = Rezoning NON = Nonconforming Use ALT = Alternative Compliance CRZ = Conditional Rezoning STC = Street Closure SVR = Subdivision Variance # DATE REQUEST ACTION 1 09/12/1995 CRZ R-10 Residential to B-2 Business Approved 2 10/24/1995 CUP (Religious Use — Church Addition Approved 3 12/12/1995 STC Approved 4 02/23/1999 CRZ R-10 Residential to B-2 Business Approved 5 12/07/1999 NON (Enlargement) Denied 6 08/27/2002 CUP Car Wash Approved 05/11/2004 SVR Approved 7 09/23/2008 CUP Tattoo Parlor Approved 04/28/2009 MOD Tattoo Parlor Approved 8 03/22/2005 CUP Motor Vehicle Sales Approved 9 05/05/2015 CUP Craft Brewery) Approved ZONING HISTORY STAIN STUDIOS Agenda Item 11 Page 9 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. FCheck here if the APPLICANT Is a corporation, partnership, firm, business, or FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to theapplication(s). APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE: istl REVISIONS SUBMITTED DATE: q' J5 (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Stain Studios, LLC: Sean Sweeney, Sole Member (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 Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. FX] 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) See Attached (B) List the businesses that have a parent -subsidiary I 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. PROPERTY OWNER DISCLOSURE: Old Brandon Laskin Associates, LLC: Members: Thomas G. Johnson, III, Richard M. Jacobson, Tyler R. Jacobson, Miles B. Leon, Mockingbird Investment Co., LLC (Alan Nordlinger, Manager) and Nusbaum Associates, LP: [S.L. Nusbaum Realty Co., Manager (Miles B. Leon, President; Virginia Batteen-Hawks, Senior Vice President/CFO; Richard M. Jacobson, Senior Vice President 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES FNO] F SERVICE PROVIDER (use additional sheets if needed) 1:1VN rug ❑ X❑ ❑ R Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors Engineering Services 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. ❑ LPJ [15:�<11 o ❑ o Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property Sykes, Bourdon, Ahern & Levy, P.C. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ❑ 0 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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 meetina of anv Dublic bDdv or committee in connection with this Application. 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. Page 4 of 4 Sean Sweeney, Sole Member r/Sis LICANT'S SI ATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE i PRINT NAME I DATE MJ 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. Page 4 of 4 ►.10 HE MyA Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property Sykes, Bourdon, Ahem & Levy, P.C. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what Is the name of the official or employee and what is the nature of the Interest? 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 meetin of -any publiS.P.Wyor committee In connection with this Application. Sean Sweeney, Sole Member UCANT'S S09ATURE PRINT NAME DATE JS'IAS �•Tjh�►��n�1l,�kgCT 7ii6ti� PROPOftY OWNER'S Sr.,NATME I PRINT NAME DATE c� 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. Item #11 Stain Studios Conditional Use Permit 1721 Laskin Road District 6 Beach September 9, 2015 CONSENT An application of Stain Studios for a Conditional Use Permit for a Tattoo Parlor on property located at 1721 Laskin Road, District 6, Beach. GPIN: 24077844970000. CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 1. Any on-site signage for the office complex and the tattoo parlor shall meet the requirements of the Zoning Ordinance. The use of L.E.D. (or similar electronic display) shall be prohibited from any sign that specifically advertises the tattoo parlor. 2. The actual tattooing operation on a customer shall not be visible from any public right-of-way adjacent to the establishment. 3. The hours of operation shall be within the hours of 10:00 a.m. to 10:00 p.m., seven days a week. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 11. AYE 10 BROCKWELL HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE NAY 0 ABS 0 ABSENT 1 By a vote of 10-0, the Commission approved item 11 by consent. ABSENT Eddie Bourdon appeared before the Commission on behalf of the applicant. 11 R CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ESPERANZA FORONDA [Applicant] JERRY & ESPERANZA FORONDA [Owners] Conditional Use Permit (Housing for Seniors and Disabled Persons). 4672 Indian River Road (GPIN 1474086507). COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: September 15, 2015 ■ Background: This 1.8 acre site zoned R-10 Residential District contains a 3,100 square foot home with five bedrooms. The applicants desire to provide assisted living for up to eight senior or disabled residents, which requires a Conditional Use Permit in the Residential Districts. ■ Considerations: The applicants met twice with the City's Senior Housing Committee and made changes to the proposal based on Committee input. They will continue to work with the Department of Social Services and Permits and Inspections regarding state licensing and Building Code requirements. Further details pertaining to the site and building designs, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11 -0, to recommend approval of this request to the City Council with the following conditions: With the exception of any modifications required by any of these conditions or as a result of plan review to meet all applicable requirements for housing for seniors and disabled persons, the site shall be developed substantially in conformance with the exhibit entitled, "Maximille Assisted Living," prepared by reich design associates, p.l.c., dated July 11, 2015, which has been viewed by the Virginia Beach City Council and is on file in the Planning Department. 2. The Conditional Use Permit shall be for provision of housing for seniors 62 years of age and older and for disabled persons. The capacity, number of Esperanza Foronda Page 2 of 2 bedrooms, and residents shall not exceed the limit permitted by the Department of Social Services and the Building Official's Office. 3. The building shall be protected by centrally monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally monitored call - for -aid system. 4. The house numbers on the front of the residence shall remain clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. 5. The proposed and existing driveways must meet Public Works Standards. 6. Any freestanding sign shall be of residential scale, shall have a maximum height, as measured from ground level, of four feet, shall have a maximum area of twelve square feet per side, shall have an angle of separation between sign faces of no greater than fifteen degrees, and shall be externally lit. Any freestanding sign shall be approved by the Planning Director prior to the issuance of a sign permit. 7. Potential residents shall be informed that HRT Paratransit service is not available at this location. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen<*)f—� City Manager. " V "'�r CNICIMINVILLS CW -f1 "kv obrSWOW& oft~ftr"" R101 am" (M0) MW 0 August 12, 2015 Public Hearing ESPERANZA .WORONDA RN, BSN PROPERTY 01 Ej JERRV STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (Housing for Seniors & Disabled Persons) ADDRESS / DESCRIPTION: 4672 Indian River Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14740865070000 CENTERVILLE 1.879 acres Less than 65 dB DNL Backaround The applicant requests a Conditional Use Permit for Housing for Seniors and Disabled Persons within an existing single family dwelling. The application indicates that the assisted -living facility will care for clients who are physically unable to perform typical daily living functions on their own. A registered nurse and an aide will be on site at all times. The applicant, who is a registered nurse, is pursuing licensing through the Department of Social Services, and obtaining a Conditional Use Permit is one of the requirements of her authorization. Details The one-story, 3,100 square foot brick structure has five bedrooms. The attached garage has been converted into office space and guest restroom facilities. It is the hope of the applicant to care for up to eight people within the home; however, the DSS and the Fire Marshal will set the building occupancy. As the individuals will be in an assisted -living environment, according to the applicant, none are likely to have their own vehicles. The residents may or may not be ambulatory. The access to the site is via an existing ESPERANZA FORONDA Agenda Item 5 Page 1 driveway off of Indian River Road. Asecond driveway leads toaparking area behind the home and a cleared grassy area. Six new parking spaces are proposed in the front of the dwelling. This site is located just over one mile from Hampton Roads Transit (HRT) bus route 12; as a result, residents ofthis facility will not bmeligible for porabonait service. Paratronoitservice iamandated bvthe Americans with Disabilities Act (ADA) and the official policy of HRT is to provide such service if itkuwithin Y4ofamile from a HRT bus or fixed guideway route. Transportation to shopping and other activities will baprovided tothe occupants bythe operator ofthe facility. EXISTING LAND USE: Single-family dvvel|ing SURROUNDING LAND North: 9 vocantgnaonedar�a/PD-H%�qannedDave|opm�nd(F�1O\ ��K��0�U��' ' ' South: --- AND - - � ° vacant wooded area /R-1UResidential District East: 0 vacant wooded area /PD-H2Planned Development (R -1U) West: ~ Indian River Road * Stumpy Lake /P-1Preservation District NATURAL RESOURCE AND The site is within the Southern Rivers watershed and is adjacent to CULTURAL FEATURES: Stumpy Lake. The property invoid ofany significant trees and io primarily lawn. There donot appear hmbeany significant cultural or environmental features onthe site, COMPREHENSIVE PLAN: The Comprehensive Plan designates this site aobeing inthe Suburban Area. The General Planning Principles for the Suburban Area include preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods. Achieving these goals of preserving neighborhood quality requires insuring compatibility with the surroundings, careful mix of land uses, quality and attractiveness of site and buildings, environmental responsibility, livability and placement of conditions on places of special care. These goals are to be applied with respect to the type of proposed use, size and intensity of the proposed use and relationship to the surrounding uses. The Plan's Housing and Neighborhood goals include the need toaddress future housing demand through providing anadequate supply ofsafe, decent, attractive and diverse housing with orange cf values including owner -occupied and rental units and to implement ways to assist those requiring special housing. Policies associated with these goals state housing should be attractive and affordable to a range of income groups, ages, cultures and household types. This applies as well to projectsthat allow for and encourage the type and location of housing for seniors designed to meet their special needs and services including, but not limited to, independent living, assisted -living and nursing facilities. MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road isatwo-lane minor suburban arterial roadway with avarying rigwidth ofQ0to 70 feet. The MTP shows adivided four -lane minor arterial with onultimate hQ width of1 ^~� ESPERANZA FOR6 a 4it-- 5 ` , Indian River Road Phase VII (CIP3 is in the vicinity of this site and will affect this site. Indian River Road Phase V1|will afour-lane divided roadway inthe 145-foz right-of-way just east this parcel. This section of roadway will be a four -lane divided arterial roadway from Lynnhaven Parkway to Elbow Road. Construction is currently scheduled to start in January 2025. The current Indian River Road will become atwo-lane collector, South Independence Boulevard /matwo-lane minor suburban arterial roadway road with avarying right- of-way width of 100 feet to 200 feet at the intersection of South Independence Boulevard and Indian iht-of+xavvvidUhof1OOfeetbm2UOfoetmttheinteramotionofSouth|ndmpendanoaBoukyvandand|ndien River Road. The MTP shows a divided four -lane minor arterial with an ultimate right-of-way width of 110 feet. There are currently no funded CIP projects scheduled for this segment of South Independence Boulevard. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River Road 10, 655 ADT 9,900 ADT '(Level of Existing Land Use Service "D") 10ADT Proposed Land Use 3 60 ADT 'Average Daily Trips 2 as defined by a typical single-family dwelling 3 as defined by housing for seniors & disabled persons WATER & SEWER: This site is already connected to City water and sewer. The proposal touse the existing single-family residence asonassisted-living housing facility for senior and/or disabled residents io generallyconsistent with the Comprehensive Plan's land use policies for the Suburban Area and would provide special needs housing in furtherance of the policies of the Housing and Neighborhood Plan. When reviewing this type of request, Staff considers carefully whether the proposed facility |sappropriately located in residential areas with consideration tothe size and scale and any impacts to surrounding neighborhoods. The applicant has met with the Senior Housing Committee twice. Based on the Committee's recommendation, the applicant has agreed to scale back the projectandrnove forward with just Phase 1 of their ultimate project. The use of the home for housing for seniors and disabled persons, in its current form as a single-family home, ensures compatibility with the surrounding land use intensity and with adjacent residential development. The applicant is aware that any additions and expansions to the scope of the operation will require a Modification of the Conditional Use Permit. The applicant will continue tmwork with the Department ofSocial Services and the Planning Division ofPermits and Inspections regarding state licensing and Building Code requirements. Staff recommends approval ofthis request with the conditions below. � 41- ESPERANZA . _ enda ' ^ ` ~ CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of plan review to meet all applicable requirements for housing for seniors and disabled persons, the site shall be developed substantially in conformance with the exhibit entitled, "Maximille Assisted Living," prepared by reich design associates, p.l.c., dated July 11, 2015, which has been viewed by the Virginia Beach City Council and is on file in the Planning Department. 2. The Conditional Use Permit shall be for provision of housing for seniors 62 years of age and older and for disabled persons. The capacity, number of bedrooms, and residents shall not exceed the limit permitted by the Department of Social Services and the Building Official's Office. 3. The building shall be protected by centrally monitored alarm systems. Bedrooms and bathrooms shall be served by a centrally monitored call -for -aid system. 4. The house numbers on the front of the residence shall remain clearly visible and unobstructed at all times so that emergency personnel can quickly find the house. 5. The proposed and existing driveways must meet Public Works Standards. 6. Any freestanding sign shall be of residential scale, shall have a maximum height, as measured from ground level, of four feet, shall have a maximum area of twelve square feet per side, shall have an angle of separation between sign faces of no greater than fifteen degrees, and shall be externally lit. Any freestanding sign shall be approved by the Planning Director prior to the issuance of a sign permit. 7. Potential residents shall be informed that HRT Paratransit service is not available at this location. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ESPE N;A► FORQ DA z x,,Agenda 4' -5 F R-4 IN -10%31 S\ PROPOSED Je ot4 P, .pP4zeOaa \tem6 ESP P9?,ge 6t IN -10%31 S\ PROPOSED Je ot4 P, .pP4zeOaa \tem6 ESP P9?,ge R -A PROPOSED SITE LAYOUT (Closer Detail) ESPERANZA FORONDA Agenda Item 5 Page 7 THIS IS TO Cs1PTIPY THAT ONMAY S. 2015 I SURTXYXD 7XV PROPXRrr AS SHOWN ON THIS PLAT, AND THAT TNs rI2'!At LNSS AND DUILDINCS IFALLS A" AS SNOW NIJF M rNs IYPROYNA1sNTs Ls snucnY IFITNIN TNS Mu LNLS AND THEM ARs NO NCROACHYXNTS OR YISIDLZ sASXYIFNTS, sXCXPT AS SNOW. P1N IOaplAlWOW FOR DA ef� 9 UZWDM27M4DFMW37,13.E -,' agenda 1BX 5 14473' 5388 IgafMooODo6 INV* 2Op9p12TW Wta606 RN: 14740865070000 LOT 4A MM 1 i 1 I 4FIN 1174M 74FM60 A+RN. 1tl1M8462Q70D 75 m 40 TNSTp 20OM270DODIMW f M.F. I� �1F'%A'311E6 A/C i p,e 28.08 i MST44 r' Et VAP_ Y 0i MEM4pWF> VE EASEMENT N25a56'os^w PHYMCAL SURVEY N32ro4'10w 51.28' or 24.77' RROtiQ AF16J21TOIM/RIVLFItAYIAO Rdw ,,.,,A'WLpTN ORGINN BEACH, NRGNN MR EVERSOROWA NOTES scuetZZ' ArArs THIS IS TO CIFRTTPY rHAr "us sORT6Y /FslsJFs ro THs SAYS LOT OR LOTS SST PORTY IN YAP RSCamn IN R L f�1(1G1VAY mr OJP" oPPICs OP TNs CIRCUJT' 6DOR! OF ras SLAP aff OF SDP/OLIF, ttJFWNL. IN INSr. /20/I08180007883/0 17226 COMMERCE LANE TH SURYNY IFAS PNRPORMAFD MOT J"Flt CORRSNT rlru JisPOR! AND YA1, No! RS OP A SLafM:W A YIROt&4 234'�D LSC, ALL vN: (757 358-9098 MA77W" APPSCTINC 77= FAX: 7 358-9098 TO ff-M-4 m FLOOD S wno d X XRi RarN S IS AWN " MT YAP rown c COMAWNITY 051"31-00040 sPPJtt7tYs: 1 18 ala. 1 - - rm SITE SURVEY FOR DA r -,' agenda 1BX 5 CENTERVILLE Nla11 Vt.- Es eranza Foronda Mao Scale P1* F�O 0* 1 R10s Stumpy Lake R10 10 'Zoning with Conditions,Fro//ers, Open Space Promotion CUP - Housing for Seniors: Disabled Persons R10` = PDH2 (R10) APPLICATION TYPES CUP = Conditional Use Permit MOD =Modification of Conditions or Proffers FVR = Floodplain Variance NON = Nonconforming Use ALT = Alternative Compliance REZ = Rezoning CRZ = Conditional Rezoning STC = Street Closure SVR = Subdivision Variance ACTION # DATE REQUEST Granted 1 12/20/2005 MOD 12/14/2004 REZ (R-10 to Conditional PD -1-12 (R-10) Granted 2 12/02/2002 REZ (R-10 to Conditional PD -H2 (R-10)) Granted 3 11/28/1995 MOD Granted Granted 01/13/1986 CUP (Religious Use) ESPERANZA FORONDA Agenda Item 5 Page Item #5 Esperanza Foronda Page 2 INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a verbal vote of 10-0, the Commission approved item 5 for consent. The applicant Esperanza Foronda appeared before the Commission. 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION i / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. NA Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Page I of 4 Planning Commission and City Council meeting that pertains to thea lication(s). APPLICANT NOTIFIED OF HEARING DAi E NO CHANGES AS OF DAl E. REVISIONS SUBMITTED DAl E: It i 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) ""Tsar" roV-o t LID jk (B) List the businesses that have a parent -subsidiary I or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and z SECTION 2 j PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronerty owner is different from App is nt. ❑ Check here if the PROPERTY OWNER 15 NO a corporation, partnership, firm, business, or other unincorporated organization. j Check here if the PROPERTY OWNER lS 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) (B) List the businesses that have a parent -subsidiary ' or affiliated business entity 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, I "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business oaerating or to be operated on the Proper1y. If the answer to any item is YES, please identify the firm or individual providing the service: FsE] F NO SERVICE �� PROVIDER (use additional sheets it needed) M Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors 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. `7eSlC7cJ�lj Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ LAJ Legal Services ❑ Real Estate Brokers J 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 ❑ 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, VEDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT`s S NA E PRINT NAME �I —DATE � - 1 �� L �.A�AI7,A *�oUl'0,k o PROPERTY OWNER'S SIC AT E —� PRiNT NAME DA 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. �`�' 1 �. �� ,� �_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CCW DEVELOPMENT ASSOCIATES [Applicant] WAYNE DUPREE [Owner] Conditional Change of Zoning, A-12 Apartment to Conditional A-12 Apartment. Proposal is for the development of eight dwelling units (10 units per acre). Comprehensive Plan — Oceanfront Resort Area SGA. 596 Sea Oats Way (GPIN 2417825192). COUNCIL DISTRICT — BEACH. MEETING DATE: September 15, 2015 ■ Background: Although the subject site is currently zoned A-12 Apartment District, one single family home has existed on the site since 1971. The site is in the Greater than 75 dB DNL Noise Zone where residential density increases are not compatible. ■ Considerations: The applicant desires to develop the property with eight multiple family dwelling units, which is allowed by right in the existing A-12 Apartment District. The purpose of the Conditional Rezoning to A-12 Apartment District is to vary the lot coverage from the 40% maximum permitted to 49%. Section 107(i) of the City Zoning Ordinance allows City Council to vary requirements such as lot coverage through the Conditional Rezoning process. In the Apartment Districts, lot coverage includes all impervious surface, including parking areas. The proposed eight units are designed in a townhouse style layout, which creates more impervious parking area than a typical multiple family development. Further details pertaining to the site and building designs, as well as Staffs evaluation of the request, are provided in the attached staff report. A neighbor appeared in support of the application. ■ Recommendations: The Planning Commission passed a motion, by a recorded vote of 11-0, to recommend approval of this request to the City Council as proffered. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map CCW Development Associates, LLC Page 2of2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departm t City Manager: � ''t.) rVai MAC" wa_7 CCNA, Development Associates, L.L.t MAA`" A18 �F• /7 Al2 I No �2 y� i `R5S ' Al2 Al "`eA� P — +ass �Al2 conditional Ionind Change from A-11 to c D1 August 12, 2015 Public Hearing APPLICANT: CCW DEVELOPMENT ASSOCIATES, LLC PROPERTY OWNER: WAYNE DUPREE STAFF PLANNER: Carolyn A. K. Smith REQUEST: Change of Zoning (A-12 Apartment District to Conditional A-12 Apartment District) ADDRESS / DESCRIPTION: 596 Sea Oats Way GPIN: ELECTION DISTRICT 24178251920000 BEACH SITE SIZE (above water & wetlands) 29,391 square feet 0.675 acres AICUZ: Greater than 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background While the property is currently zoned A-12 Apartment District, a single family residence has been on this site since 1971. In the '70s, single family dwellings were permitted within the Apartment Districts. This site was part of a larger parcel, much of which was developed in the mid-1980s to 1990s as condominium, townhouse -style units. Prior to the construction of those townhomes, a vehicular ingress/egress easement, as well as a water line easement, were established within the townhouse condominium property. These easements allow the current and future residents of the property under consideration vehicular access to Virginia Avenue, as well as access to the City water line in Virginia Avenue. The applicant proposes to rezone the site from A-12 Apartment District to Conditional A-12 for the purpose of constructing up to eight dwelling units. Based on the density permitted with the existing A-12 zoning, this 0.675 -acre site could potentially yield eight multi -family units as a matter of right. The lot coverage maximum for the A-12 Apartment District is 40 percent. As proposed, the applicant's site layout and building footprint exceed this maximum by nine percent. As permitted by Section 107 (i) of the City of CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 1 Virginia Beach Zoning Ordinance, "the City Council may, for good cause shown and upon afinding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements and height pootrinUono, except as provided in Section 202 /b\, otherwise applicable to the proposed development." As such, this request is simply a means ofdeviating from the maximum lot ooverage, as the density will not exceed what is permitted currently under the Ar12 zoning district. The request also includes a deviation to the minimum rear yard setback of ten feet to a rear yard setback of six feet, Details The eight unit development isproposed mmocondominium. The site has been designed to take advantage of the views and the natural setting of Owls Creek. Several large trees exist onthe property. Unfortunately, only one of these trees, a 36 -inch oak, will be preserved. A 22 -foot wide driveway extends from Sea Oats VVay, providing ingress/egress to this site from Virginia Avenue. The townhouse mhla units will each have aone-car garage and 20-footlong driveways. Aoportions ofthe property will likely require fill material to bring the dwellings out of the Special Hazard Flood Area, the applicant has proffered Landscape Plan, myOeoUng "buffer" nasbun$Uon along the shoreline. At least 14 large shade trees will beplanted along the driveway and throughout the property. ThmvvU be constructed primarily with � h ��m�ntber board horizontal and va��o siding. Prominent entrances and details such amwide trim, arbors above the garages, steaming seam metal roofs are proposed amaccent features. U� U�� N�� PLAN ��"�� COMPREHENSIVE EXISTING LAND USE: single family dwelling SURROUNDING LAND North: w Townh4mecondominiums /A-12 ApartmentOistrid USE AND ZONING: South: 0 Perennial stream to Owls Creek East * Perennial stream to Owls Creek * Single family dwellings /R -5S Residential District West: * Perennial stream bzOwls Creek * Federally -owned property /A+12Apartment District NATURAL RESOURCE AND The site has three significant trees. One oak tree iaapproximately CULTURAL FEATURES: 54 inches /n diameter. This site is adjacent to o perennial stream with fringe saltmarsh in the {}vNa Creek watershed. Portions of the site are within the 100-yaar floodplain. If fill is proposed to e|awaba the property out of this floodplain, m Conditional Letter of Map Revision based on Fill (CLOK4R-F) and m Letter ofMap Revision based on Fill (LC}WYR(-F) will be required to officially change the flood zone designation of the property. Structures will need to be constructed with atleast two feet above freeboard. The Base Flood Elevation is might therefonm, an elevation of 10 is required for all structures that are located in the Special Flood Hazard Area. The shoreline iohardened with oripnuprevetment. COMPREHENSIVE PLAN: This site kalocated onthe edge ofthe Resort Strategic Growth Area ao designated in the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP), CCW DEVELOPMENT AS Development Strategies listed in the RASAP is to "grow residential." This site falls somewhere between urban and suburban, so both sections of the Comprehensive Plan's Special Area Development Guidelines were considered in Staffs review. The first Guideline listed under Suburban Areas is "Natural Features" and calls for identifying existing natural characteristics of the site to be preserved and incorporated into the design of the development (p. B-7, Comprehensive Plan). The Urban Areas section also includes guidelines to recognize the importance of retaining the existing natural landscape where possible (p. B-2, Comprehensive Plan). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Avenue in the vicinity of this application is considered a two-lane undivided local street and Sea Oats Way is considered a two-lane undivided local private street. Neither street is included in the MTP. There are no roadway CIP projects slated for this area. The proposed development under this application will have access to Virginia Avenue through an existing 50 -foot non-exclusive easement for ingress/egress. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Avenue No Data No Data Available Existing Land Use 2— 10 ADT/61 ADT Sea Oats Way Available Zoning Proposed Land Use 3—ADT 61ADT WT Cooke Elementary I Average Daily Trips 536 2 as defined by one single family dwelling/existing A-12 zoning 1 3 as defined by proposed Conditional A-12 zoning (no increase in density) Virginia Beach Middle 4 LOS = Level of Service WATER:. This site currently connects to City water. There is an existing six-inch City water line within a Public Utility easement in Sea Oats Way. The existing 5/8 -inch meters can be used or upgraded to accommodate the proposed development. SEWER: Public sewer does not front this site. Two options to connect to City sewer may be available: a private pump station pumping to City sewer through a force main in a private utility easement (an encroachment agreement required); and a connection to the adjacent condominium's sewer to an existing private pump station (which may require variances, maintenance agreements, easements, system upgrades, system analysis, etc.). School Current Capacity Existing Proposed Change Enrollment Zoning Zoning WT Cooke Elementary 558 536 1 1 0 Virginia Beach Middle 873 968 1 1 0 CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 3 First Colonial High 2,004 1,810 'Number of students 2. change" represents the difference between the number of potential or actual students generated under the e)dsting zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). }nterms ofland use, and notwithstanding City Council's Ordinance, the townhouse development is in keeping with the Resort SGA Plan and with the surrounding area. The applicant revised the building renderings to be more in line with the Design Guidelines and to take advantage of the beautiful views of the marsh, More importantly, the requested rezoning will not result in an increase in the density within the Greater than 75d8LdnA|CUZ.Section 18O3ofthe Zoning Ordinance states "City Council shall approve the proposed use of property at the lowest density or intensity of development that isneononab|m.^Staff believes that continued zoning ofA-12ofthe property iereasonable, particularly since the requested zoning change to Conditional A-1 2 pertains to the lot coverage rather than an increase indensity. Based on the density permitted with the existing A-12 zoning, this 0.675 -acre site could potentially yield eight multi -family units as a matter of right. The lot coverage maximum for the A-12 Apartment District is 40 percent. As proposed, the applicant's site layout and building footprint exceed this maximum by nine percent. It is typically common for the type of residential units proposed by the applicant, when developed in an Apartment District, to result in a lot coverage that exceeds the allowable maximum. This is due to the method of calculating lot coverage in Apartment Districts, which requires all impervious surfaces be included in the calculation. This is not true of other residential zoning districts. Section 107 (i) of the City Zoning Ordinance addresses cases where certain dimensionalrequirements of uzoning district are not met by a development proposed with Change of Zoning. The section reads as The City Council may, for good cause shown and upon ofinding that there will bmno significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202 (b), otherwise applicable to the proposed development. As such, this Change ofZoning request is principallyhor the purpose ofdeviating from the maximum lot coverage, as the density will not exceed what is already permitted under the A-1 2 zoning district. The request also includes a deviation to the minimum rear yard setback of ten feet to a rear yard setback of six feet. This does not mean the property could not be reasonably developed under the existing zoning, as presumably, the townhouses onthe adjacent property were developed under A,12 zoning, and were able tomeet the lot coverage requirements. Thmapp|icantcontmndmthadthemmaUincromsmmin|cdoovenmQa. nine percent above the 40 percent maximum, allows dwellings with larger footprint, reflective of today's market, and results in a higher quality product that could be constructed as a matter of right. Staff concludes that 'good cause' has been demonstrated and 'there will be no significant detrimental effects on surrounding properties' through the City Council's acceptance of the requested deviation as shown on the proffered plan. In addition to AICUZ, the site is impacted by the Special Flood Hazard Area. This site is adjacent to perennial stream with ufringe saltmarsh inthe Owls Creek watershed. The applicant has indicated that fill material will likely be used to elevate the structures at least two feet above the base flood eIWa"r1T-,!- % CCW DEVELOPMENT ASSOO' *t S, -4L Al eight feet. During final site plan review, proof mConditional Letter of Map Revision based on Fill (CLOMR-F) and a Letter of Map Revision based on Fill (LOMR-F) will be required from the Federal Emergency Management Agency.While the Owls Creek watershed does not have any specific land use setbacks orwater quality protections such os the Chesapeake Bay Preservation Act, the applicant has proffered a Landscape Plan that includes "buffer" restoration and tree replacement. For reasons stated above, Staff recommends approval ofthis request ms proffered below. 1=161294- Tha following are proffers submitted bvthe applicant mmpart ofaConditional Zoning Agreement (CZA). The applicant, consistent with Section 1O7(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. PROFFERI: When the Property is developed,itshall baaresidential condominium insubstantial conformance with the exhibit entitled, "Multi -family Site Phan Exhibit Osprey Point Condominium Lot 15B.^ dated 04/01/2015. prepared bvVVPL.which has been exhibited bothe Virginia Beach City Council and haonfile with the Virginia Beach Department ofPlanning (the "Concept Plan"). PROFFER 2: When the Property is developed,the residential structures shown Vnthe Concept Plan shall be developed using architectural design and features substantially in accordance with those shown on the renderings entitled Osprey Point bldg a — front elevation; Osprey Point bldg a — rear elevation; Osprey Point bldg b—front elevation; Osprey Point bldg b—rear elevation, dated 2OApril 2O15(^Randahn0m^). copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department ofPlanning. PROFFER 3: When the Property is developed,the residential condominium units will contain mminimum of1QOO square feet of living area (excluding garage) and a one -car garage. The primary exterior building material to be utilized as depicted on the Rendering will be fiber cement siding and thirty (30) year architectural shingles. PROFFER 4: When the Property is developed,the Grantors shall record aDeclaration submitting the Property to the condominium Act ofthe Commonwealth ofVirginia. The Condominium Unit Owners' Association shall ba responsible for maintaining all open spaces, common areas, landscaping and other improvements onthe Property. PROFFER 5: The total number ofcondominium dwelling units permitted hubeconstructed nnthe Property shall not exceed eight (8). PROFFER 6: CCW DEVELOPMENT ~^~ da Ited D1 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers ensure that the project, when constructed, will be done in a manner consistent with the plans and renderings within this report, providing a high level of predictability to citizens and Staff of the outcome of this request. The City Attorney's Office has reviewed the proffer agreement dated April 25, 2014, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. An applicable permits required by the City Code, including those administered by the Department of Planning Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CCW DEVELOPMENT N-C� )LA 'A Ahda 1te4D1 P ' e 6 AERIAL OF SITE LOCATION h�L CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 7 Page 7 a 71 t I�i'k a tin Gwn i•sw oqa TM. ii i f} jj t t � 1 PROPOSED SITE LAYOUT CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 8 EXISTING SURVEY CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 A3ALt18 3J,IEi EMiJ.91X3 ,worm, 011WAIM � � # g g r Fi� Q i 11 3 = !I/ f � � O IX xl 1k � IS • t s � 1. ;i; 11� i°i'� a x;`is'I •'i •,tt ,L� 1! I�•r�� i i hy'�'I'{ •�`i •filog { i EXISTING SURVEY CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 CL 1 o , PROPOSED TYPICAL FRONT BUILDING RENDERING CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 10 PROPOSED TYPICAL REAR BUILDNIG RENDERING CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 11 BEACH ppACH CCW Development Associates, L.L.C. M to p ,ot Scale N9 A�2 �A off C. /1Ve _ O rotSGB i Zoning with Conditions Proffers, Open Space Promotion Conditional Zoning Change from A-12 to Conditional A-12 APPLICATION TYPES CUP = Conditional Use Permit MOD = Modification of Conditions or ProffersFVR = Floodplain Variance REZ = Rezoning NON = Nonconforming Use 7 ALT = Alternative Compliance CRZ = Conditional Rezon ng STC = Street Closure SVR = Subdivision Variance # DATE I REQUEST ACTION 1 1 07/05/2000 1 REZ (A-12 to R -5S) Granted ZONING HISTORY CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 12 Item #D1 CCW Development Associates Conditional Change of Zoning 596 Sea Oaks Way District 6 Beach August 12, 2015 REGULAR An application of CCW Development Associates for a Change of Zoning (A-12 Apartment District to Conditional A-12 Apartment District) on property located at 596 Sea Oats Way, District 6, Beach. GPIN: 24178251920000. PROFFERS PROFFER 1: When the Property is developed, it shall be a residential condominium in substantial conformance with the exhibit entitled, "Multi -family Site Plan Exhibit Osprey Point Condominium Lot 15B," dated 04/01/2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural design and features substantially in accordance with those shown on the renderings entitled Osprey Point bldg a — front elevation; Osprey Point bldg a — rear elevation; Osprey Point bldg b — front elevation; Osprey Point bldg b — rear elevation, dated 20 April 2015 ("Renderings"), 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 condominium units will contain a minimum of 1900 square feet of living area (excluding garage) and a one -car garage. The primary exterior building material to be utilized as depicted on the Rendering 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 responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property. PROFFER 5: The total number of condominium dwelling units permitted to be constructed on the Property shall not exceed eight (8). Item #D1 CCW Development Associates Page 2 PROFFER 6: 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. A motion was made by Commissioner Ripley and seconded by Commissioner Rucinski to approve item D1. AYE 10 NAY 0 BROCKWELL HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE ABS 0 ASSENT 1 By a verbal vote of 10-0, the Commission approved item Di. ASSENT Trevor Markert appeared before the Commission in support of the application. Eddie Bourdon appeared before the Commission on behalf of the applicant. 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request -Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 0 $ SECTION I / APPLICANT DISCLOSURE 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 FOR CITY USE ONLY / Ail disc.osurcs rdust be updated tevo(2) vieeks pttuf to any Page I of 4 P!arr-,,nq Cumrvission and City Co-,jnc;i mei tinct that pertains to th�,phcatcn(s). APPLICANT NOTIFIED OF HEARING !DATE NO CHANGES AS OF DAFE.- REVISIONS SUBMITTED V,,B 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) CCW Development Associates, LLC: WPL Homes, Inc.: Brian C. Large, President; C & C Development, Inc.: Christopher J. Ettel, President/Treasurer; Chancey W. Walker, III, Director (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 I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. r;7/1 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent -subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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. V,.,B Virginia Beach ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ` "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 F -SERVICE I PROV{DER (use additional sheets if needed) ■ D D ■ ■ D Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors WPL 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. Page 3 of 4 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property VBI Virginia Beach BB&T & TowneBank (possibly) Sykes, Bourdon, Ahern & Levy,P.C. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ❑ 0 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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 ofsan bod mittee in connection with this Application. Brian C. Large S SI REPRINT NAME DATE4ioans Wayne L. Dupree PROPY OWNER'S SIGNATURK I PRINT NAME 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. In Reply Refer To Our File No. DF -9306 TO: Mark D. Stiles -- FROM: B. Kay Wilso*�) CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 3, 2015 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; CCW Development Associates, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 15, 2015. 1 have reviewed the subject proffer agreement, dated April 25, 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/ka Enclosure cc: Kathleen Hassen PREPARED BY: M SYKES, BOURDON 09 AlIERNA LEVY. P.C. WAYNE L. DUPREE, widowed and unremarried CCW DEVELOPMENT ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 25th day of April, 2015, by and between WAYNE L. DUPREE, widowed and unremarried, Grantor, party of the first part; CCW DEVELOPMENT ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the first part is the owner of that certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing approximately o.826 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference. The parcel described herein and in Exhibit "A" is hereinafter referred to as the "Property"; and WHEREAS, the party of the second part as the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional A-12 Apartment 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 party of the second part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time 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 GPIN: 2417-82-5192 Prepared By: R. Edward Bourdon, Jr., Esquire VSB #2216o Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 PREPARED BY: SULS, BOURDON. AURN & I.M. P.C. protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the party of the second part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the second part, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential condominium in substantial conformance with the exhibit entitled "MULTI -FAMILY SITE PLAN EXHIBIT OSPREY POINT CONDOMINIUM LOT 15B" dated 04/01/2015, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural design and features substantially in accordance with those shown on the renderings entitled Osprey Point bldg a — front elevation; Osprey Point bldg a — rear elevation; Osprey Point bldg b — front elevation; and Osprey Point bldg b — rear elevation, dated 20 April 2015 ("Renderings") 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 residential condominium units will contain a minimum of igoo square feet of living area (excluding garage) and a one -car 2 PREPARED BY: =SYKES, ROUTDON, MU AIILPN & LLYY. P.C- garage. The primary exterior building materials to be utilized as depicted on the Rendering 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. 5. The total number of condominium dwelling units permitted to be constructed on the Property shall not exceed eight (8). 6. 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 Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, IF PREPARED BY: 118"me SYKES, ROUPDON. MU AJIFRN & LEVY, P.C. including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. El WITNESS the following signature and seal: Grantor: CCW Development Associates, L.L.C., a Virginia limited liability company By: WPL Homes, Inc., a Virginia corporation BY: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 15th day of May, 2015, by Brian C. Large, President of WPL Homes, Inc., a Virginia corporation, Managing Member of CCW Development Associates, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2o18 Notary Registration Number: 192628 PREPARED BY: SYKES, ROURDON. AMERNA LEVY, IT. 5 ff Notary Public WITNESS the following signature and seal: Grantor: (SEAL) e L. Dupree STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: M The foregoing instrument was acknowledged before me this 1 I � day of April, 2015, by Wayne L. Dupree, Grantor. My Commission Expires: 9 aA • 3 1y, a Q / 8 Notary Registration Number: `l3 R $ r 4 8 PREPARED BY: SYKES. BOURDON. '.' AHERN & LEVY. P.C. P w . (h", Notary Public WRO 1l O ry jay N4• •. REG1� 7328148 = MY COW �i (DF VIRG\a\P.•\O OTARY PREPARED BY: M SYKES, BOURDON, OWUMN & LEVY, P.C. EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece of land, with the buildings and improvements thereon, located in the City of Virginia Beach, Virginia, being portion of Lot 15, as shown on that certain plat entitled "Subdivision of Col. L.D., Starke's Farm", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book lo, at Page 15, more particularly described as follows: Being at the southern tip of said Lot 15 at the northern side of Rudee Inlet and from said point of beginning running N 86' 51' 21" W along the southern side of said Lot 15 a distance Of 236 feet to a point; thence N 39' 01'46" W a distance Of 38.99 feet to a point; thence N 29' 51' 29" E a distance Of 101.33 feet to a point; thence N 59' E a distance of 62 feet to a point; thence N 86' 58' 5" E a distance of 1o8.9 feet to a point; thence S 18' 6' 3o" E a distance of 18.83 feet to appoint; thence S 620 18' 37" E a distance of 67 feet to a point; thence S 8' 15' 23" W a distance Of 121 feet to the point of beginning; said property designated as Lot 15B in Map Book 12o, at Page 14. Together with an easement for ingress and egress from Virginia Avenue to said parcel, beginning at a point in the southern side of Virginia Avenue which point is 148 feet northeast from the northwest corner of said Lot 15, and from said point of beginning running S 310 E a distance Of 353.5 feet to a point in the northern side of the property of the party of the second part; thence N 59' E a distance Of 50 feet along the northern side of the property of the party of the second part; thence N 31' W a distance 373.27 feet to a point in the southern side of Virginia Avenue; thence S 370 28'54" W 53.75 feet along the southern side of Virginia Avenue to the point of beginning; said easement set forth in Map Book 120, at Page 14. GPIN: 2417-82-5192 H:\AM\Conditional Rezoning\CCW Development Associates\Sea Oates\Proffer—Clean 5-14-15.doc VA7 iIIIGpEII Iowa1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Owner], Conditional Change of Zoning from 1-1 Industrial to B-4 Mixed Use District and Conditional Use Permits (Group Home and Single -Room Occupancy Facility). 104 Witchduck Road [northeast corner of Witchduck Road and Southern Boulevard] (GPIN 1467844236). COUNCIL DISTRICT — BAYSIDE MEETING DATE: September 15, 2015 ■ Background: The proposed Conditional Rezoning to B-4 Mixed Use District with a Conditional Use Permit for a Group Home and a Single -Room Occupancy Facility is to accommodate the new Housing Resource Center. ■ Considerations: The proposed Housing Resource Center consists of a 63,000 square foot, three-story structure that will provide day services to homeless individuals, as well as 30 Single Room Occupancy Units, 40 shelter beds for adults and 10 shelter rooms for families. Further details pertaining to the site and building designs, as well as Staffs evaluation of the request, are provided in the attached staff report. This application was deferred for 30 days by the Planning Commission on August 12, 2015, because two neighboring property owners were concerned about existing parking problems in the vicinity. Subsequently, City staff and the City's consultants for the Witchduck Road Project met with the concerned property owners to discuss the parking issues. The neighboring property owners appeared at the public hearing on September 9, and noted that they had met with the City staff and the consultants. Although they are not opposed to the development, they remain concerned about how future improvements to the Jersey Avenue right-of-way will impact their business operation. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council as proffered. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. City of Virginia Beach Page 2 of 2 Submitting Department/Agency: Planning Departme4f-----f City Manager: � , -�!,swL BAYSI[ME Nip. o-7, Housin n 0 c0 It 3 62 D1 City of Virginia Beach iborhood Preservation September 9, 2015 Public Hearing f +L_ ` APPLICANT &PROPERTY OWNER: CITY OF VIRGINIA BEACH I (DEPARTMENT OF --- HOUSING AND NEIGHBORHOOD '�� 'Zi % PRESERVATION) CUP for 1.Single Room Occupancy and CUP for 2. Group Home Change of Zoning from (1.1 to Conditional 0-4) STAFF PLANNER: Stephen J. White REQUEST: A. Conditional Change of Zoning (1-1 Light Industrial District to Conditional B-4 Mixed -Use District) B. Conditional Use Permits for (i) Single Room Occupancy Facility and (ii) Group Home ADDRESS / DESCRIPTION: 104 North Witchduck Road (northeastern intersection of North Witchduck Road and Southern Boulevard) GPIN: ELECTION SITE SIZE: AICUZ: 146784423600000 DISTRICT: 3.88 acres (size of development parcel after Less than 65 dB D NL BAYSIDE right-of-way for Southern Boulevard and North Witchduck Road deleted from existing 4.781 -acre parcel) APPLICATION HISTORY: The Planning Commission deferred these applications on August 12, 2015 for the purpose of providing the applicant an opportunity to discuss concerns pertaining to traffic congestion raised by owners of property on the east side of Jersey Avenue. BACKGROUND / DETAILS OF PROPOSAL Background The applicant is requesting a Conditional Change of Zoning (I-1 Industrial to Conditional B-4 Mixed -Use) and two Conditional Use Permits (Single Room Occupancy [SRO] Facility and a Group Home) for the purpose of redeveloping the site with an approximately 63,000 square -foot, three-story facility that will CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item D1 Page 1 replace and expand housing services currently being offered at the Lighthouse Center located in the Oceanfront Resort Area. For purposes of its planning, design, and development, the facility has been and is still referred to as the Housing Resource Center (HRC). The HRC will continue to provide day services, such as showers and laundry area, for single homeless individuals and will serve as the gathering point for the Winter Shelter Program. In addition, the first floor of the HRC will provide expanded day services that will include a dining area with a kitchen and classroom space. The first floor will also have a learning center, health clinic, and office space for services by faith, non-profit, and City providers. The first floor will also provide area for the consolidation of essential social services into a'one-stop-shop' that includes a central reception area for'intake and coordinated assessment' as well as the provision of critical services to help prevent and end homelessness. The first floor also consists of five SRO units within the wing of the building parallel to North Witchduck Road. The Zoning Ordinance defines a SRO units as "a living space with a minimum floor area of 150 square feet and a maximum floor area of four hundred fifty 450 square feet restricted to occupancy by 1 person identified by the Department of Human Services as having limited permanent housing alternatives and occupying the unit as a primary residence and not as transient or overnight housing or lodging." The units in the HRC meet this definition, with the size of the units generally being above 300 square feet. The units have a living/sleeping space, kitchen area, and bathroom. There are additional SRO units on the second floor of the building. Also on the first floor is the Group Home area. The area consists of 10 hotel -style rooms providing shelter for families with children. The 10 rooms provide a total of 40 beds. The second floor will provide 40 shelter beds for single adults. The first floor area will also provide family dining and living areas, allowing social interaction among the individuals who are temporarily living there. Site Layout • The subject site consists of the southern half of the block bounded by North Witchduck Road on the west, Cleveland Street on the north, Jersey Avenue on the east, and Southern Boulevard on the south. Approximately one acre of the existing site will become part of the future rights-of-way of North Witchduck Road and Southern Boulevard. • A 24 -foot wide drive will connect to Jersey Avenue, providing access to parking and the main access for the building. • A total of 166 parking spaces will be located on the site. The submitted site plan shows 77 spaces on the northern side of the drive and 89 spaces on the southern side of the drive aisle. The required number of motorcycle and ADA -parking spaces are shown. While the residents of the SRO units that have cars may park anywhere, there are four parking spaces shown on the site plan that are reserved for residents of the SRO units. • The design of the parking lots allows for potential conversion of one of the parking lots to a multi- level parking structure at some point in time. The construction of a parking structure in this area of the Pembroke SGA is consistent with the Pembroke SGA Plan, as it will provide centralized parking during the area's redevelopment to a pedestrian -oriented street system. Moreover, if a transit line develops within the former railroad right-of-way south of Southern Boulevard, a parking structure at this location will be an asset. • Sidewalks will be located on all sides of the building and connect the parking area with North Witchduck Road and Southern Boulevard, as well as providing access to the building at several places, with the access point being dependent on the whether the individual is staying in the SRO, Group Home (hotel -style shelter units), or Homeless Shelter. Each of the doors providing CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item D1 Page 2 access to these sections of the building will besecured to ensure the safety �ofe�group, as each has different needs and different expectations ofthe secure nature of their housing. There will be two exterior recreation / relaxation areas located on the southeastern and northwestern sides of the building. The area to the northwest is provided for the use of the SRO residents. This 'patio' area is adjacent to the main access point to the SRO wing of the building. The area to the southeast is provided for the use of those in the Group Home area, which will consist offamilies with children. This area, therefore, includes asmall playground. Both areas will bafenced with ornamental metal fencing. The submitted site plan shows the management of stormwater will be addressed through a combination ufFiKarnsmsystems and biurabardionbasins. Building Details * The located onthe western portion ofthe site, with the western and southern exterior walls ten feet (1C[)from the hg with that encouraged by the Pembroke Strategic Growth Area 4 Implementation Plan. The B-4 Mixed -Use District requires setbacks of 35 feet, which is not conducive to the creation of an urban -style streetscape as envisioned by the SGA Plan. Accordingly, the setbacks are being reduced to 10 feet, as allowed by Section 107(i) of the City Zoning Ordinance (discussed in the Evaluation section). ° Exterior materials for the building will consist primarily of brick, composite metal panels, and precast concrete. The materials will be used to create a fagade with visual variety, and that variation will be further enhanced through use of projections and recesses along the vertical plane ofthe building. ° The use of large windows throughout the length and height of the fagade introduce additional visual variety to the building, while providing the level of 'transparency' that avoids the long expanses nfblank walls that are common along roadways. * A|ooinnportmnttothefanodeimtheuasof'a|uminunn|ouvenedsuncontro|deviceo.'otypeof awning, above some of the windows. These louvered awnings will serve to shade the interior spaces of the building; however, they will also add another level of interest to the fagade, particularly when the shade from the louvered awnings, combined with the shade created bythe pnojontionoandmamesmema|ongthehacede.nasultinovahatyufpatternnonthexmaUathroughomd the day. ° The interior of the building will provide separated flexible housing options designed to reduce and shorten homelessness: o Group Home: A first floor wing of the facility will have 10 hotel -style rooms providing shelter for families with children. The 10 rooms will result in a total of 40 beds. The second floor will provide 4Oshelter beds for single adults. o Single Room Occupancy Facility: A two-story wing of the building separate from the Group Home area will provide 30 units of affordable efficiency apartments that will be managed as Single Room Occupancy units, meeting the requirements of Section 241.1 pertaining to SRO facilities. ° The third floor of the building will provide approximately 11,000 square feet of office space for the Department ofHuman Services staff who will baserving individuals adthe HRC mswell aa residents from the surrounding area. CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item D1 Page 3 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: vacant parcel previously used for contractor storage and supply SURROUNDING LAND North: • Retail; Automobile Repair / 1-1 Industrial District USE AND ZONING: South: • Southern Boulevard and abandoned railroad (public rights- of-way) • Retail; Storage and Processing of Salvage, Scrap or Junk / 1-2 Industrial District East: • Jersey Avenue • Wholesale; Automobile Repair; Contractors / 1-1 Industrial District West: . North Witchduck Road • Offices / 1-1 Industrial District NATURAL RESOURCE AND The parcel is completely impervious, consisting of asphalt, concrete, CULTURAL FEATURES: and buildings COMPREHENSIVE PLAN: The Pembroke Strategic Growth Area 4 Implementation Plan, adopted in November 2009, identifies this parcel as being within the Central Village District of the Pembroke SGA. The general vision for the Pembroke SGA is a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic, and ethnically diverse areas. The plan establishes a framework that concentrates a high density mix of complementary urban uses within a defined central area, creating a skyline for the City and providing for decreasing land use densities from the core. The Special Area Development Guidelines, Urban Areas address various site and architectural design elements. These guidelines should be followed closely for any new development in an SGA. The directives most applicable to this proposal address building placement, access and circulation, and building design (pp. B-1 to B-5): • Locate buildings close to the pedestrian street with off-street parking behind or beside buildings. • If site is located at a street intersection, place the building at the corner. • Individual businesses need to be linked to the street, to the sidewalk, to bus stops, to neighborhoods and each other. • Urban neighborhoods have a higher density of development and a greater intensity of activities. The area might include some mixed use development that integrates retail, office, and residential uses within the same structure. CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item D1 Page 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): North Witchduck Road In the vicinity of this application is a four -lane divided minor urban arterial. The MTP proposes an eight -lane facility within a 155 -foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a LOS F. There is a Roadway CIP project for this area. Witchduck Road - Phase II (CIP 2-025) will provide a six - lane divided roadway within a 143 -foot to 165 -foot variable width right-of-way from 1-264 to Virginia Beach Boulevard, a distance of approximately 2,600 feet. Aesthetic improvements such as a wide outside lane for cyclists and sidewalk enhancements will be provided as well. Roadway modifications will also occur on Pennsylvania Avenue, Mac Street, Southern Boulevard, Cleveland Street, and Admiral Wright Road at Denn Lane. The current estimate for start of construction is March 2016. An exhibit showing the overall project is provided on page 16 of this report. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Former Land Use 2— 222 ADT Proposed Land Use (3rd floor) 3-- 121 ADT 14,800 ADT(LOS 5 "C") 17 AM Peak Hour Vehicles (total) North Witchduck Road 47,814 ADT' 22,800 ADT' (LOS 5"D") 17 PM Peak Hour Vehicles total Proposed Land Use (1St & 2nd 27,400 ADT' (LOS 5 "E") floors) 4 -- 213 ADT 11 AM Peak Hour Vehicles (total) 11 PM Peak Hour Vehicles total 'Average Daily Trips 2 as defined by 3.88 acres of warehousing 3 as defined by 11,000 SF of general office 4this is a best estimate using 80 beds of assisted living. There are no established Traffic Engineering standards for SROs or Group Homes of this type 5 LOS = Level of Service Comments — PW/Traffic Engineerina • A 50 -foot ultimate right -of way with new sidewalk, curb, and gutter will be required for Jersey Avenue. • It is assumed that many homeless tenants may not have vehicles to commute; therefore, less traffic will be generated. • Future comments will be forthcoming upon a site plan submission. CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item D1 Page 5 WATER & SEWER: The site is already connected to the public water and sewer system. EVALUATION AND RECOMMENDATION The site is located in the Central Village District of the Pembroke Strategic Growth Area (SGA). The Pembroke Strategic Growth Area 4 Implementation Plan envisions this area as an eclectic, mid to low-rise commercial and urban residential area. In particular, the SGA Plan encourages development in the form of live -work, loft and row -house residential buildings, and smaller scale mixed-use commercial buildings. The three-story building proposed for the Housing Resource Center embodies these recommendations. For example, the building is distinctively urban in form through the close adjacency of the exterior walls to the streets and the use of an overall mass and height that is proportional to the size and shape of the site as well as the width of the future rights-of-way after the improvements to North Witchduck Road and Southern Boulevard and the transit corridor. As noted earlier in this report, the required setback for yards adjacent to the street is 35 feet; however, the proposed building will have a ten -foot setback. Section 107(i) of the Zoning Ordinance allows the City Council to address this issue as follows: The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements, and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. Staff concludes that such a finding is established in this case, as the proposed front yard setback is generated by the recommendations of the Pembroke SGA Plan, and there is no obvious potential for significant detrimental effects on surrounding properties due to the reduced setback. The ten -foot setback is measured from the future right-of-way line of Southern Boulevard and North Witchduck Road. Thus, there will be no detrimental effect in that regard. The request to rezone the site to B-4 Mixed -Use District derives from the fact that the B-4 District, as its name suggests, allows the mix of uses that will be contained in the HRC. Of more significance, however, is that the B-4 District is the only zoning district that can be used in this area that allows for urban -style development. Staff is working on new zoning for this part of the Pembroke SGA; however, as it is not complete, the B-4 District, with the proffers offered, is the best zoning solution for this project. Based on its evaluation, Staff finds that this proposal is consistent with the vision and goals established for the Central Village District of the Pembroke SGA Plan, as well as the Development Guidelines for Urban Areas as provided by the Comprehensive Plan. The building form, site layout, and mixed uses will set the tone for redevelopment in this district. The new three-story building, placed at the corner of North Witchduck Road and Southern Boulevard, will create a strong presence, playing a predominant role in the creation of a gateway to the Central Village District. The blend of different uses, including office, day services, overnight stays for homeless individuals, and SRO units demonstrates how mixing uses offers a more efficient use of space in an urban environment. Coupled with the new streetscapes that will be constructed with the Witchduck Road improvement project, this site will become a model and catalyst for the envisioned redevelopment in this area. CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item D1 Page 6 Staff recommends approval of the Conditional Use Permits for a Group Home and a Single Room Occupancy Facility and the Change of Zoning from 1-1 Industrial to B-4 Mixed -Use Business as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be substantially as depicted on the Site Layout Plan Housing Resource Center", prepared by Waller Todd & Sadler Architects, 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 Property shall have the quality exterior design, architectural features and building materials substantially depicted on the Exhibit entitled "Housing Resource Center -Exterior View (Conceptual)" dated 03/23/15, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: The City of Virginia Beach Housing Resource Center shall be located on the Property, which shall only include the following uses: business studios, offices and clinics, group homes, medical and dental offices and clinics, public buildings and grounds, single room occupancy facilities, parking structures or garages, and eating and drinking establishments incidental to the Housing Resource Center. 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: The proffers offered by the applicant ensure that the site and building will be developed substantially as shown on the plans submitted with the application. Additionally, Proffer 3 limits the use of the property to only the Housing Resource Center, which may have any mix of the listed uses. The City Attorney's Office has reviewed the Conditional Zoning Agreement dated June 15, 2015 and found it to be legally sufficient and in acceptable legal form. CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item D1 Page 7 AERIAL OF SITE LOCATION CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 8 7j- EXISTING SITE (TO THE LEFT) VIEWED FROM SOUTHERN BOULEVARD (PROPOSED TRANSIT CORRIDOR ON RIGHT) PHOTGRAPHS OF PROPOSED DEVELOPMENT SITE AND ADJACENT AREA CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 9 It a tc test► t#i �t ta1t�►) ttri�u r�'� can*li Ur f1j ^�+ar J Mci � 7 W ':i'• ---�M CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 10 s r I► � l 1 J Q d w U Z r O W O w w X W W H Z W U W U O a ULLI > Q' U LLJ M Z 6 U) Z iD M 0��, Z >o RENDERING OF BUILDING EXTERIOR FROM JERSEY AVENUE INTO SITE AT MAIN VEHICULAR ACCESS CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 11 RENDERING OF BUILDING EXTERIOR AT INTERSECTION OR N. WITCHDUCK ROAD AND SOUTHERN BOULEVARD CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 12 ;n FIRST FLOOR LAYOUT CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 13 SECOND FLOOR LAYOUT CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 14 P THIRD FLOOR LAYOUT (Offices for Department of Human Services) CITY OF VI (Housing Re 13 E,l IsMiA BES burse Ce r.) Agenda: P°5 `3 N. WITCHDUCK ROAD ROADWAY IMPROVEMENTS (with HRC site identified) CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 16 ZONING HISTORY CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 17 BroY311M City of Virginia Beach Ma tt &ale Housing & Nei hborhood Preservation 1 i I• ST Ci&VELAND ST - Q y,263 -CJ SOUTHERN BLVD _____ 'Zoning wfCr ConditionsiProffers, Open Space Promotion CUP for 1. Single Room Occupancy and CUP for 2. Group Home APPLICATION TYPES CUP = Conditional Use Permit REZ = Rezoning MOD = Modification of Conditions or Proffers NON = Nonconforming Use FVR = Floodplain Variance ALT = Alternative Compliance CRZ = Conditional Rezoning STC = Street Closure SVR = Subdivision Variance # DATE REQUEST ACTION 1 06/24/2003 STC Approved 2 09/11/2012 CUP (Bulk Storage Yard) Approved 3 12/06/1994 CUP (Storage or Processing of Salvage, Scrap or Junk) Approved 10/23/2000 MOD (Storage or Processing of Salvage, Scrap or Junk) Approved 4 11/22/2005 CUP (Tattoo Parlor) Denied 04/12/2011 CUP (Tattoo Parlor) Approved 5 04/13/2010 CUP (Tattoo Parlor) Withdrawn 6 02/12/2002 CUP Communications Tower Approved 7 02/01/2000 CUP (Communications Tower [Line -of -Sight Relay]) Approved ZONING HISTORY CITY OF VIRGINIA BEACH (Housing Resource Center) Agenda Item 6 Page 17 Item #6 City of Virginia Beach Conditional Change of Zoning Conditional Use Permits 104 N. Witchduck Road District 4 Bayside August 12, 2015 REGULAR An application of City of Virginia Beach for (A) Conditional Change of Zoning (1-1 Light Industrial District to B-4 Mixed -Use District); and (B) Conditional Use Permits for (i) Single Room Occupancy Facility and (ii) Group Home on property located at 104 N. Witchduck Road (northeastern intersection of N. Witchduck Road and Southern Boulevard), District 4, Bayside. GPIN: 146784423600000. A motion was made by Commissioner Rucinski and seconded by Commissioner Oliver to defer item 6. AYE 10 NAY 0 BROCKWELL HODGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE ABS 0 ABSENT 1 By a verbal vote of 10-0, the Commission deferred item 6. Andy Friedman appeared before the Commission. ABSENT 11•gG` 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Bay Preservation Area Board Conditional Use Permit Disposition of City Property Economic Development Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance Wetlands Board The disclosures contained in this farm are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT /S a corporation, partnership, firm, business, or FOR CITY USE ONLY / All disclosures must be updated two (2) weeks prior to any Planning Commission and City Council meeting that pertains to theapplication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Page 1 of 4 J cTrye( A) 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) N/A (B) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. X❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /S 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) (B) List the businesses that have a parent -subsidiary I 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. ~t.', XqrgVirginia Beach l. Pare nt-subsidiary relationship" means ^a relationship that exists when one corporation directly or indirectly owns shams possessing more than 50 percent of the voting power cfanother corporabon.^ See State and Local Government Conflict cfInterests Act, Va. [ode g 22-3181. 2 ^Affi|iated business entity relationship" means ^a reb*ionship, other than parent -subsidiary re|atiunship, that exists when W 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 orsubstantially the same person own ormanage 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 activides, 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, SECTION 3, SERVICES DISCLOSURE Are any Ofthe following services being provided in connection with the subject of the application or any business overating-or to be operated on the Prol2eriy. If the answer to any item is YES, please identify the firm or individual providing the service: FYES] N70 SERVICE R (use additional sheets if Mal Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors *�R 16 r' / i llyws��11 o. The disclosures contained in this fmnn are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 'PC ■ D ❑ ❑X ❑ 0 Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents for current and anticipated future sales of the subject property Lti� a( Virginia Beach SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ❑ 0 Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. 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 meetinq of any public body or committee in connection with this Application. J Am . SPoa 6h b 1 PLIC NT'S siG-NrrOZE PRINT NAME DTE PROPERTY OWNER'S SIGNATURE PRINT NAME 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. In Reply Refer To Our File No. DF -9300 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 3, 2015 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Housing Resource Center The above -referenced conditional zoning application is scheduled to be heard by the City Council on September 15, 2015. 1 have reviewed the subject proffer agreement, dated June 15, 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/ka Enclosure cc: Kathleen Hassen THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(A)(3) AND 58.1-811(C)(5) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT ("Agreement") is made this _day of 2015, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City") ("Grantor") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee"). RECITALS: A. The Grantor is the owner of that certain property located at 104 Witchduck Road in the City of Virginia Beach, containing approximately 4.781 +/- acres and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. The Grantor 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 1-1 Light Industrial District to Conditional B-4 Mixed Use District; and G P I N : 1467-84-4236-0000 1 C. Grantee's policy is to provide for the orderly development of land for various purposes, including commercial purposes, thorough zoning and other land development legislation. D. Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of zoning restriction, certain reasonable restrictions governing the development of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; E. Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following modification to the 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 2 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be substantially as depicted on the Site Layout Plan "Housing Resource Center", prepared by Waller Todd & Sadler Architects, 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 Property shall have the quality exterior design, architectural features and building materials substantially depicted on the Exhibit entitled " Housing Resource Center—Exterior View (Conceptual)" dated 03/23/15, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The City of Virginia Beach Resource Center shall be located on the Property, which shall only include the following uses: business studios, offices and clinics, group homes, medical and dental offices and clinics, public buildings and grounds, single room occupancy facilities, parking structures or garages and eating and drinking establishments incidental to the Housing Resource Center. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 3 The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidence by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2- 2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that (i) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including ordering in writing of the remedying of any noncompliance with such conditions and the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or M proceeding; (ii) 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; (iii) if aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (iv) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and Grantee. WITNESS the following signatures and seals: ATTEST: ell C y Clerk GRANTOR: City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia Be' — ritManagkerl, or De nee 5 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged and sworn to before me this 11' day of , 20 I'S—, by , )( �`- , as % Qn� , of the City of Vir ' ach, on its beh?lf. .e O4 -J NOTARY PUBLIC My Commission Expires: � My Registration Number: 013 u S� Sandy Marie Madison Commonwealth of Virginia Notary Public Commission No. 7073053 My Commission Expires 1213112019 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowled ed and sworn to before _mel this day y of ' , 20 IS , b of the City of Vir ' ch, on its behalf. ✓r -- NOTARY PUBLIC My Commission Expires: )a My Registration Number: 7 D 1 3 I Sandy Marie Madison Commonwealth of Virginia Notary Public 4.h Commission No. 7073053 My Commission Expires 12/31/2016 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvement there, being known and designated as "PARCEL A" containing 4.781 acres, more or less, as shown on that certain plat entitled "RESUBDIVISION OF LOTS 9-16 (incl) & 25-45 (incl), BLOCK 48, LOTS 6-16 (incl) & 22-42 (incl), BLOCK 49 AND CLOSED PORTION OF DENN LANE — EUCLID PLACE — (M.B. 4, P. 63)", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200407290118226, reference is made to the legend of said plat, which defines the property lines. IT BEING the same property conveyed to The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia from 8450 Van Nuys Blvd. (Virginia), LLC, a Virginia limited liability company, by deed dated July 13, 2012, and recorded in the aforesaid Clerk's Office as Instrument No. 2012073100056460. GPIN: 1467-84-4236-0000 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, An Ordinance to Amend the Comprehensive Plan by adopting Amendments to Chapter 2 (Urban Areas) of the Policy Document pertaining to the inclusion of all Strategic Growth Areas as meeting the intent of the Virginia Code as Urban Development Areas. MEETING DATE: September 15, 2015 ■ Background: Urban Development Areas were authorized by the Code of Virginia in 2007 (Virginia Code 15.2-2223.1) as a requirement for certain high growth localities to designate areas "sufficient to meet projected residential and commercial growth in the locality for an ensuing period of at least 10 but not more than 20 years." In 2012, however, the Code was amended to define Urban Development Areas more broadly and make them optional rather than mandatory. Urban Development Areas, under the new Code designation, can be any areas designated by a locality in their Comprehensive Plan for higher density development that incorporate the principles of Traditional Neighborhood Development. ■ Considerations: This ordinance amends the Comprehensive Plan by referencing the City's eight Strategic Growth Areas as meeting the intent of the Virginia Code as Urban Development Areas. Further details pertaining to this proposed amendment to Chapter 2 of the Comprehensive Plan's Policy Document are provided in the attached staff report. There was no opposition to the ordinance. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Ordinance r Recommended Action: Staff recommends approval. Planning Commission recommends approval. City of Virginia Beach Page 2of2 Submitting Department/Agency: Planning Department City Manager: � , 7�VO-AgZ, 8 August 12, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO THE COMPREHENSIVE PLAN - REFERENCE TO LOCALLY DESIGNATED GROWTH AREAS REQUEST: An Ordinance to Amend the Comprehensive Plan by adopting Amendments to Chapter 2 (Urban Areas) of the Policy Document pertaining to the inclusion of all Strategic Growth Areas as meeting the intent of the Virginia Code as Urban Development Areas. SUMMARY OF AMENDMENT This ordinance amends the Comprehensive Plan by referencing the City's eight Strategic Growth Areas (SGAs) as meeting the intent of the Virginia Code as Urban Development Areas (UDAs). UDAs were authorized by the Code of Virginia in 2007 (Virginia Code 15.2-2223.1) as a requirement for certain high growth localities to designate areas "sufficient to meet projected residential and commercial growth in the locality for an ensuing period of at least 10 but not more than 20 years." In 2012, however, the Code was amended to define UDAs more broadly and make them optional rather than mandatory. UDAs, under the new Code designation, can be any areas designated by a locality in their comprehensive plan for higher density development that incorporate the principles of Traditional Neighborhood Development (TND). TND embodies classic characteristics of traditional communities such as walkable neighborhood centers, interconnected streets, and bocks, diversity of land uses, and easy access to jobs, housing, and recreation by a variety of travel options (auto, bus, walk, bike, etc.). Through legislation, the General Assembly has directed that transportation improvements to support Urban Development Areas (UDAs) be considered in both the needs assessment contained in the Commonwealth of Virginia's long range transportation plan known as VTrans, as well as be considered in the statewide prioritization process for funding capital projects. VTrans focuses on a multifaceted strategy that recognizes the importance of the Corridors of Statewide Significance, Regional Networks, and Urban Development Areas to help maximize the Commonwealth's public transportation investments. For this reason, the Commonwealth has encouraged localities to designate UDAs or other similar growth areas (generally referred to as 'UDA-like' areas) as being compliant with the Commonwealth of Virginia Code § 15.2-2223.1, "Comprehensive plan to include urban development areas." Since March 2015, the Virginia Office of Intermodal Planning and Investment (OIPI) has conducted extensive outreach across the state to provide further clarification on the legislation requirement. ' K CITY OF VIRGINIA BEACH / Loilly Designated Growth Aias Agenda #Ai 8 } P%1 `f The name Urban Development Area does not have to be used for such areas to be compliant. If a locality finds one or more locally designated growth areas to be consistent with Code § 15.2-2223.1 and would like to establish those areas as being 'UDA code adherent,' the local jurisdiction's governing body, for the jurisdiction in which those locally designated growth areas are located, must take the following steps: 1) Complete a Comprehensive Plan update or Board/Council Resolution. Update the Comprehensive Plan to identify which locally designated growth areas (with specific, identified boundaries) are consistent with the intent of the Code. The Plan must specifically state that those locally designated growth areas are consistent with the intent of Commonwealth of Virginia Code § 15.2-2223.1, but there is no requirement to use the term "Urban Development Areas" in the Comprehensive Plan update. 2) Communicate to Commonwealth of Virginia Office of Intermodal Planning and Investment (OIPI). Following the locality's governing body's amendment to the Comprehensive Plan, the jurisdiction must communicate to the OIPI that this action has taken place. OIPI requests that the resolution or updated plan be made available to OIPI, and that the locally designated growth area boundaries be provided to OIPI through a clear description of the boundaries, a map of the boundaries, or if available, through Geographic Information Systems of the boundaries. Those areas designated by or before October 1, 2015 will be considered as 'U DAs' for the purpose of the funding prioritization process associated with the Commonwealth's Six Year Improvement Program (SYIP) for FY 2017-2022 beginning in fall of 2015. The current provisions of the Comprehensive Plan that align with Section 15.2-222.1 with regard to UDAs pertain to the City's Strategic Growth Areas (SGAs), which are described in Chapter 2 - Urban Areas of the Policy Document. In general, the SGAs are intended to: • provide opportunities for continued physical and economic growth • help prevent urban sprawl; • protect our established residential neighborhoods and rural areas from incompatible development due to growth pressures; • maximize infrastructure efficiency; and • create unique and exciting urban destinations. The SGAs will integrate a diverse cluster of attractive, more compact but compatible uses of land including office, retail, service and, where appropriate, residential and hotel. They also encourage greater use of alternative transportation systems, whether focusing on future mass transit technologies or increasing opportunities to implement Transportation Demand Management programs. Master plans for each of the City's eight SGAs were completed through extensive planning, research, analysis and community engagement during a multi-year effort and were adopted as amendments to the Comprehensive Plan as follows: Resort Area SGA 8 (2007), Burton Station SGA 1 (2009), Pembroke SGA 4 (2009), Newtown SGA 3 (2010), Rosemont SGA 5 (2011), Lynnhaven SGA 6 (2012), Hilltop SGA 7 (2012) and Centerville SGA 2 (2013). Although they are not specifically referred to as "Urban Development Areas or UDAs" the eight SGAs and their master plans as discussed in Chapter 2 — Urban Areas of the Comprehensive Plan's Policy Document have been found to meet the intent of the Code of Virginia, Section 15.2-2223.1 regarding locally -designated growth areas. This ordinance amends the Comprehensive Plan to reflect this. CITY OF VIRGINIA BEACH / Lo Ily Designated Growth A as ',Agenda �t8 Pi 2 e RECOMMENDATION The City's eight Strategic Growth Areas (SGAs) are locally -designated growth areas in the Comprehensive Plan. The SGAs are intended to gradually transform over time into a more urban form through implementation of their master plans in order to meet desired characteristics of urban areas and the various City goals for SGAs as outlined above. As such, these eight SGAs have been found to meet the intent of Code of Virginia Section 15.2-2223.1 regarding Urban Development Areas. The proposed amendment to Chapter 2 of the Comprehensive Plan's Policy Document acknowledges this, allowing consideration in the funding prioritization process associated with the Commonwealth's Six Year Improvement Program (SYIP) for FY 2017-2022 beginning in fall of 2015. Staff recommends adoption. CITY OF VIRGINIA BEACH / Lo Ily Designated'6rowth A" as gendat'r� 8 Pam 3 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY ADOPTING AMENDMENTS TO CHAPTER 2 3 (URBAN AREAS) OF THE POLICY DOCUMENT 4 PERTAINING TO THE INCLUSION OF ALL STRATEGIC 5 GROWTH AREAS AS MEETING THE INTENT OF THE 6 VIRGINIA CODE AS URBAN DEVELOPMENT AREAS 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the Comprehensive Plan currently lists three (3) Strategic Growth 12 Areas as meeting the intent of the Commonwealth designated Urban Development 13 Areas; and 14 15 WHEREAS, the requirements for the Urban Development Area designation have 16 been changed by the General Assembly, so that all eight (8) Strategic Growth Areas 17 now meet the intent of the Urban Development Areas under Virginia Code § 15.2- 18 222.3.1; and 19 20 WHEREAS, the Comprehensive Plan should be amended to designate all 21 Strategic Growth Areas as meeting the intent of the Urban Development Areas under 22 Virginia Code § 15.2-2223.1: and 23 24 WHEREAS, the revisions to amend the Comprehensive Plan are reflected in the 25 attached document entitled "Amendments to 2009 Comprehensive Plan Policy 26 Document, as amended, Chapter 2: Urban Areas—Strategic Growth Areas (SGAs) 27 Meet the Intent of Code of Virginia Section 15.2-2223.1 re: Urban Development Areas"; 28 and 29 30 WHEREAS, the attached revisions to the Policy Document should be adopted as 31 part of the Comprehensive Plan. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 37 amended and reordained by: 38 39 The revision of the Policy Document as shown on the attached document entitled 40 "Amendments to 2009 Comprehensive Plan Policy Document, as amended, Chapter 2: 41 Urban Areas—Strategic Growth Areas (SGAs) Meet the Intent of Code of Virginia 42 Section 15.2-2223.1 re: Urban Development Areas". Such document is made a part 43 hereof, having been exhibited to the City Council and is on file in the Department of 44 Planning. 45 46 COMMENT 47 48 The ordinance amends the Comprehensive Plan by the adoption of the revisions attached 49 designating all eight (8) Strategic Growth Areas as meeting the intent of Virginia Code § 15.2- 50 2223.1 regarding Urban Development Areas. 51 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on this 54 day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY: Plannin partment City Attorney's Office CA13407 R-1 July 22, 2015 1061 Revisions to 2009 Comprehensive Plan Policy Document, as amended Chapter 2: Urban Areas Strategic Growth Areas (SGAs) Meet the Intent of Code of Virginia Section 15.2-2223.1 re: Urban Development Areas (Pages 2-1 thru 2-6, Policy Document: Text to be deleted is shown as StFikethFeugh. Text to be added is shown as underlined). URBAN AREA Maintaining, vitalizing and developing community wealth and resources for the long term. INTRODUCTION While we have enjoyed robust growth over much of the City's 40 year history, we have prevented intrusion of such growth into our rural area. This is attributed, in part, to the planning policies established in 1979 and, more so, to the creation of the 'Green Line' in 1986. In the past, the Green Line was the boundary between the suburban and rural areas of the City, today, it still marks the boundary separating higher suburban densities to the north and more limited suburban and rural densities farther south. In 1997, the City's estimated area of undeveloped land north of the Green Line was about 13,000 acres. In 2007, it was estimated to be less than 5,000 acres. It was further reduced by the Oceana Land Use Conformity Program, which prevents residential and hotel development in areas located within high noise zones. In response to this reality, the City Council recognized the need to identify areas for future growth while at the same time protecting our many stable residential neighborhoods and preserving our rural heritage. Following extensive public input the City adopted a new growth strategy. Instead of relying on the remaining inventory of underdeveloped land to absorb growth, the City carefully defined areas planned to accommodate and absorb urban growth called 'Strategic Growth Areas', SGAs. Urban Area generally applies to Strategic Growth Areas. Virginia Beach is already experiencing urban type growth. It has begun gradually and is occurring in defined areas located north of the Green Line, such as the Resort Area and the Central Business District's Town Center. Desired characteristics of urban areas: » Higher density residential uses, including multi -family and attached dwellings » Variety of complementary, non- residential uses that enhance economic and cultural quality of life » Absence of single-family detached units. Housing stock may be new or rehabilitated, owner -occupied, as well as rental units » Housing to accommodate a variety of income levels » Option of walking or bicycling to stores, schools, play areas and work places » Choice of safe, convenient and cost-effective public transportation systems STRATEGIC GROWTH AREAS The City has identified Strategic Growth Areas to: » provide opportunities for continued physical and economic growth; » help prevent urban sprawl; » protect our established residential neighborhoods and rural areas from incompatible development due to growth pressures; o maximize infrastructure efficiency; create unique and exciting urban destinations. Most of these areas will integrate a diverse cluster of attractive, more compact but compatible uses of land including office, retail, service and, where appropriate, residential and hotel. They also encourage greater use of alternative transportation systems., Wwhether focusing on future mass transit technologies or increasing opportunities to implement Transportation Demand Management programs. The eight Strategic Growth Areas discussed herein have been found to meet the intent of the Code of Virginia, Section 15.2-2223.1 re: "Urban Development Areas." Our challenge is to advance a set of planning principles that..... Recognize distinct opportunities and constraints inherent in each SGA while acknowledging common planning principles that can be applied to all these areas. GUIDING PRINCIPLES 1. EFFICIENT USE OF LAND RESOURCES The land use techniques of compact development, infill development, and structured parking are key components to successfully achieving a more efficient pattern of growth. The benefits include reduced sprawl, protection of existing stable neighborhoods, increased protection of farmland and open spaces, reduced dependence on the automobile and more cost-effective use of existing infrastructure. 2. FULL USE OF URBAN SERVICES Compact development patterns promote a more efficient and cost effective use of existing public infrastructure and services such as roads, schools, water, sewer, police, fire, rescue and others. Numerous studies have demonstrated that intensification (non-residential) and densification (residential) of development within appropriate areas where infrastructure and services already exist provides a more efficient and cost-effective use of public funds than continued expansion of infrastructure and services into undeveloped areas. 3. COMPATIBLE MIX OF USES Providing a complementary and vertical blend of residential and non-residential uses within reasonable walking distances of one another is an important part of a successful compact development strategy. Effective mixed-use developments also have a 'critical mass' where the mixture of uses is such that the need for an automobile for routine trips for goods and services is significantly diminished. Examples of mixed-use include the co -location of corner markets and shops lining streets with residential units located above. Architectural design considerations and control of the hours of business operation must be factored into the land use strategy. The careful placement of residences, offices, shops, educational and cultural institutions, recreation areas, public service facilities and open spaces designed as part of an attractive, pedestrian -oriented, urban environment contributes to: » Independence of movement and ease of access between home and neighborhood serving destinations. Safer commercial areas due to the 24-hour presence of people or what is termed the 'eyes of the community.' n Reduction in automobile dependency and opportunities for shorter work trips by focusing on mixed- use and transit oriented development. » The development of a transit -oriented and multi -modal transportation system, in conjunction with planned development and mixed-use projects. » Increased housing choice for a variety of individuals and families having a wide range of income levels. 4. A RANGE OF TRANSPORTATION OPPORTUNITIES As noted above, compact development patterns afford greater choice of transportation alternatives and less congestion than is otherwise experienced in communities. A recent three year study, Measuring Sprawl and Its Impacts, by researchers from Rutgers University, Cornell University and Smart Growth America concluded that, "one of the strongest purported benefits of sprawling development, lower traffic congestion, is not borne out by this study. Those who believe that metropolitan regions can sprawl their way out of congestion appear to be wrong." Compact, mixed-use development that contains convenience, variety and density of use, and integrates well-designed pedestrian systems, streetscapes and transit opportunities can contribute to: » Decreased dependence on the automobile, especially the single- occupant vehicle. » Extension of safe, convenient and efficient light rail transit service that provides alternative mobility options. »Reduction in citywide Vehicle Miles Traveled (VMT) » Increased opportunities for more efficient and cost-effective forms of shared and mass transportation. » Increased opportunities to commute by walking or biking. » Opportunities for local and metropolitan transit systems to link to regional and interstate transportation systems. » Cleaner air. » Safer travel. S. DETAILED HUMAN -SCALE DESIGN Part of what is required for compact, mixed-use developments to become acceptable patterns of development within communities is the creation or re-creation of well-designed urban areas that are safe, attractive and convenient. It is important for these areas to be built at a 'human - scale,' especially as people experience activity along the streets, sidewalks and public spaces. For example, the sounds from outdoor cafes, people gathering around fountains in public plazas and aromas from local coffee shops and bakeries, all combine to create a sense of interest, excitement and social interaction. There are distinct physical characteristics that define the built environment of the urban center. These include a vertical mix of residential and non-residential uses within architecturally interesting buildings. Urban streetscapes are designed with special paving, landscaping, lighting and other features that create a visually exciting and inviting environment. Additionally, arts and culture must be woven into the fabric of the community, becoming an integral force in urban design, the educational system, commerce, community celebrations, neighborhood life and public -sector institutions. We need to create space for the arts to take hold and grow. When designed and built with quality in mind, these physical and cultural elements galvanize to foster a positive sense of urban place, one that is enjoying a resurgence of public interest in many communities across the country. Along with advocating the arts and culture elements, it is the policy of the City to use all available resources including those provided by the City's Historic Review Board and Historic Preservation Commission as well as the Princess Anne County /Virginia Beach Historical Society to preserve designated historic resources. Efforts to retain these historic resources should be accomplished in a responsible and innovative manner. The efforts include providing land use guidance and tax credit assistance to owners of historic properties in order to help protect and preserve the City's limited number of valuable historic resources and surrounding open space areas. Owners of qualified 3 properties should be encouraged to participate in the Virginia Beach Historical Register program and receive recognition for their contributions to our City's heritage. Distinct Qualities Strategic Growth Areas also possess some distinct qualities. While these are defined in more detail in the following area -specific section of this chapter, general points are offered here that describe how some of the Strategic Growth Areas differ in character. First, these areas vary in their ability to absorb the volume of new growth. For example, the Newtown, Pembroke and Rosemont SGA are located along 1-264 and Virginia Beach Boulevard near key highway interchanges and unencumbered by AICUZ high noise or accident potential zones. Opportunities exist in these areas to blend new residential and complementary non-residential uses thereby creating attractive, more intense, mixed-use centers. In addition, these areas are well positioned to take advantage of future mass transit systems that might be built along the former railroad line in this corridor. Other Strategic Growth Areas have unique qualities as well. For example, Burton Station SGA is strategically located to take advantage of regional truck, rail, air and maritime shipping services. Opportunities also exist to provide a compatible mix of residential, recreational, open space, institutional and corporate industrial uses designed around an established neighborhood that embodies a rich heritage. The Resort Area is another very unique SGA. It is an important resort center that annually attracts three million visitors who spend over $800 million. This SGA continues to grow as a vacation and convention destination and is the centerpiece of our hospitality industry. AREA SPECIFIC PLANNING RECOMMENDATIONS Master plans for each of the City's eight SGAs were prepared through extensive planning, research, analysis and community engagement during a multi-year effort and have been adopted by reference as as part of this Comprehensive Plan as follows: Resort Area SGA 8 (2007), Burton Station SGA 1(2009), Pembroke SGA 4 (2009) Newtown SGA 3 (2010) Rosemont SGA 5 (2011), Lynnhaven SGA 6 (2012), Hilltop SGA 7 (2012) and Centerville SGA 2 (2013) The detailed SGA Master Plans can be viewed in the Planning Department's online document library at www.vbgov.com/Planning. The boundaries of each SGA and the general area -specific recommendations from the SGA master plan are presented on the following pages. rEaeh ef`` following h+ St tegie .-.^,_,+h AFeas begins with b . The goal is to achieve a gradual transformation of these areas in keeping with the recommended land uses identified in this Plan. Land use decisions affecting the property in the Strategic Growth Areas should be based upon the Guiding Principles noted above, the following area -specific planning recommendations and appropriate design 4 principles that may relate to requests for development or redevelopment in these areas. Item #8 City of Virginia Beach An Ordinance to Amend the Comprehensive Plan by adopting Amendments to Chapter 2 (Urban Areas) of the Policy Document pertaining to the inclusion of all Strategic Growth Areas as meeting the intent of the Virginia Code as Urban Development Areas. August 12, 2015 CONSENT An Ordinance to Amend the Comprehensive Plan by adopting Amendments to Chapter 2 (Urban Areas) of the Policy Document pertaining to the inclusion of all Strategic Growth Areas as meeting the intent of the Virginia Code as Urban Development Areas. This ordinance amends the Comprehensive Plan by referencing the City's eight Strategic Growth Areas (SGAs) as meeting the intent of the Virginia Code as Urban Development Areas (UDAs). UDAs were authorized by the Code of Virginia in 2007 (Virginia Code 15.2-2223.1) as a requirement for certain high growth localities to designate areas "sufficient to meet projected residential and commercial growth in the locality for an ensuing period of at least 10 but not more than 20 years." In 2012, however, the Code was amended to define UDAs more broadly and make them optional rather than mandatory. UDAs, under the new Code designation, can be any areas designated by a locality in their comprehensive plan for higher density development that incorporate the principles of Traditional Neighborhood Development (TND). TND embodies classic characteristics of traditional communities such as walkable neighborhood centers, interconnected streets, and bocks, diversity of land uses, and easy access to jobs, housing, and recreation by a variety of travel options (auto, bus, walk, bike, etc.). A motion was made by Commissioner Thornton and seconded by Commissioner Wall to approve item 8. AYE 10 NAY 0 BROCKWELL HODGSON AYE 1NMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE ABS 0 ABSENT 1 By a verbal vote of 10-0, the Commission approved item 8 for consent. Brian Solis appeared before the Commission. ABSENT K. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD — CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 9/15/15 st CITY OF VIRGINIA BEACH CITY COUNCIL'S BRIEFING: Ronald (Ron) A. SUMMARY OF COUNCIL ACTIONS Villanueva, R Delegate O INITIATIVE Va Gen Assembly D S DATE 09/01/2015 PAGE: 1 A Dave Hansen, S- V Deputy City H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E J M S U I P D N O K M M S H L W III/IV/V/ O Y L N A O O O R S O Y R E E E N S N M I O O T R Y S E S D S N N D I CITY COUNCIL'S BRIEFING: Ronald (Ron) A. Villanueva, REGIONAL GREENHOUSE Delegate INITIATIVE Va Gen Assembly II CITY MANAGER'S BRIEFING: Dave Hansen, Deputy City LIGHT RAIL — FINANCING/NEPA — Manager RAIL VEHICLES III/IV/V/ CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V 1/VII- E F MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y August 18, 2015 G/H MAYOR'S PRESENTATIONS PRESENTATION OF KING NEPTUNE Edward J. Amorosso and Court Ron McIntosh, Chair Neptune Festival UNITED WAY OF SOUTH HAMPTON ROADS - $254,185 City Employees Carol McCormack, President/CEO PAYROLL WEEK RESOLUTION Patti Phillips, Director Finance 1/1 PUBLIC HEARINGS SALE OF EXCESS CITY PROPERTY NO SPEAKERS 1449 Bartow Place LEASE OF CITY PROPERTY 300 21" Street and 305 2V' Street NO SPEAKERS NO SPEAKERS McDonald's Corporation NO SPEAKERS Virginia Beach Farmer's Market — Moosewood Creek J-1 Resolution to SUPPORT opposition by ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Attorney General to lawsuit seeking to CONSENT invalidate a Moratorium on Uranium Mining in Virginia CITY OF VIRGINIA BEACH Ordinance to DECLARE 1449 Bartow ADOPTED BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Place EXCESS/AUTHORIZE sale to CONSENT R O 3 Ordinances to AUTHORIZE/EXECUTE ADOPTED BY 11-0 D Y Y Y Y Y S Y Y Y Y DATE 09/01/2015 PAGE: 2 A CONSENT S- V a. McDonald's Corporation at 300 21" H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E J M S U I P D N O K M M S H L W O Y L N A O O O R S O R E E E N S N M I O O Y T R Y S E S D S N N D 2. Ordinance to DECLARE 1449 Bartow ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Place EXCESS/AUTHORIZE sale to CONSENT MICHAEL R./BARBARA J. ST. JEAN 3 Ordinances to AUTHORIZE/EXECUTE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y leases: CONSENT a. McDonald's Corporation at 300 21" St/305 20" Street b. Angela Dunn d/b/a Moosewood Creek at the Farmer's Market 4 Ordinances to ACCEPT/ ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE to Human Services: CONSENT a. $211,411 re homeless persons with substance abuse disorders b. $12,153 re Community Corrections/Pretrial c. $7,000 from Beach House Inc. re Colleague/Clubhouse training K BAYFRONT ADVISORY RESCHEDULED B Y C O N S E N S U S COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD — CSB DEVELOPMENT AUTHORITY HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD L/M/N ADJOURNMENT 6:19 PM PUBLIC COMMENT 6:20 - 6:23 PM 1 SPEAKERS