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HomeMy WebLinkAboutOCTOBER 20, 2015 AGENDA III CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 01,4IA• FAc MAYOR WILLIAM D.SESSOMS,JR.,At-Large ♦Q` ''' VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT At Large >: - c ROBERT M.DYER,Centerville-District 1 < BARBARA M.HENLEY,Princess Anne District 7 SHANNON DS KANE,Rose Hall District 3 JOHN D.MOSS,Al Large AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E.UHRIN,Beach- District 6 °" ROSEMARY WILSON,Al-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE (71T MANAGER JAMES K.SPORE. VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CII'YAlIDITOR LYNDONS.RILMIAS 20 October 2015 E-MAIL.'Ctycncl@vbgov.corn CITY CLERK .RUM H HODGES ERASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 3:00 PM A. HISTORIC HOUSE FOUNDATION— Strategic Plan Robert Jones, President—Historic House Foundation IL CITY MANAGER'S BRIEFING A. BIO INITIATIVE Warren Harris, Director—Economic Development III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION ' III VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Brandon Gilmore, Pastor Nimmo 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 October 6, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY a. 704 Hampshire Lane—African American Cultural Center, Inc. b. 2750 Elbow Road—City of Chesapeake (adjacent to Stumpy Lake) 2. AMEND FY 2016 CAPITAL BUDGET—Light Rail I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services b. Sections re biennial license renewal for EMS 2. Ordinance to ADD Section 35-64.1 to the City Code re exclusion of Reverse Mortgage payments in calculation of income for the Elderly and Disabled Tax Relief, effective immediately 3. Resolution to ADOPT the 2016 Legislative Agenda and request Virginia Beach General Assembly Delegation sponsor and/or support this legislation 4. Resolution to SUPPORT applications to Virginia Department of Transportation (VDOT) for: a. FY 2016-2017 Revenue Sharing Program re Rosemont Road Phase V and Princess Anne Road Phase VII b. FY 2016-2017 Transportation Alternatives re Salem Road, West Great Neck Road, Providence Road and Independence Boulevard/Baxter Road sidewalk projects 5. Ordinance to AMEND the Capital Improvement Program and FY 2016 Operating Budget and ESTABLISH a Mitigation account re Light Rail 6. Ordinance to DECLARE 704 Hampshire Lane as EXCESS PROPERTY and AUTHORIZE the City Manager to EXECUTE the necessary documents to convey same to the African American Cultural Center,Inc. 7. Ordinance to DECLARE 2750 Elbow Road as EXCESS PROPERTY and AUTHORIZE dedication to the City of Chesapeake 8. Resolution to APPOINT Kathleen A. Keffer as Assistant City Attorney, effective October 22, 2015. 9. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way to install landscaping, irrigation, columns, gates and fencing at 1700 River Court in behalf of GEORGE P. JR. and JOYCE P. LYON DISTRICT 5 - LYNNHAVEN 10. Ordinance to TRANSFER $419,610 to the Sheriff re horizontal compression adjustments for Deputies: a. $104,924 from Sheriff's Reserve for Contingencies b. $314,686 from the current year's General Fund Compression Reserve J. NO ACTION 1. LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re an auto service at 3001 Silina Drive DISTRICT 6—BEACH This item was advertised in advance and approved. K. PLANNING 1. SHIP CABIN CLUB, INC. and RED HEAD REALTY CORPORATION for the enlargement of a Nonconforming Use at 1117 Shipps Cabin Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. PI TELECOM INFRASTRUCTURE T, LLC and JSW HOLDINGS, LLC for a Conditional Use Permit re a monopole communication tower at 2824 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. LARAE TUCKER and MARJORIE E. HARRIS, RT for a Conditional Use Permit re an auto service at 2456 Virginia Beach Blvd DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. WAL-MART REAL ESTATE BUSINESS TRUST and HILLTOP COPELAND ASSOCIATES for a Conditional Use Permit re an auto repair at 550 First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. HOLLOMON BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from R- SD Residential Duplex to 0-2 Office at 1461 Kempsville Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 6. CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment to vary the lot coverage for single family dwellings at 596 Sea Oats Way DISTRICT 6— BEACH RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORICAL REVIEW BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 10/13/15 jb MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room - 3:00 PM A. HISTORIC HOUSE FOUNDATION— Strategic Plan Robert Jones, President—Historic House Foundation II. CITY MANAGER'S BRIEFING A. BIO INITIATIVE Warren Harris, Director—Economic Development III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Brandon Gilmore, Pastor Nimmo 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 October 6, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY a. 704 Hampshire Lane—African American Cultural Center, Inc. b. 2750 Elbow Road—City of Chesapeake (adjacent to Stumpy Lake) 2. AMEND FY 2016 CAPITAL BUDGET—Light Rail f'4 $ PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS • CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, October 20, 2015, at 6:00 PM,in the Council Chamber, City Hall-Bldg.1,Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and conveyed to the African American Cultural Center, Inc.: Approximately 4.8 acres located at 704 Hampshire Lane(GPINs: 1468-42-1766 and 1468-32- 9552)(the"Property), currently a portion of Lake Edward Park Any questions concerning this matter should be directed to the Strategic Growth Area Office, 4525 Main Street, Suite 710, Virginia Beach, VA 23462, (757) 385-2900. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call TDD 711 (TDD -Telephone Device for the Deaf). Ruth Hodges Fraser,MMC City Clerk BEACON:October 11,2015 ti R� �OA y`7 O N , St i':',;:' 1-.. PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, October 20, 2015, at 6:00 p.m., in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and conveyed to the City of Chesapeake: 4,202+/-sq.ft.(0.097 acre)of land for right-of-way improvements and 288+/-sq. ft.(0.007 acre)for a temporary construction easement located adjacent to Stumpy Lake at 2750 Elbow Road, Chesapeake,Virginia 23320. Any questions concerning this matter should be directed to the Public Works/Real Estate Office, 2405 Courthouse Drive, Bldg. 2, Virginia Beach, VA 23456, (757) 385-4161. 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,c- TDD 711(TDD-Telephone De ce for the Deaf). Ruth Hodges a-:I C City Clerk BEACON: October 11,2015 I ro �ts� NOTICE OF PUBLIC HEARING Amendment to FY 2016 Capital Budget On Tuesday,October 20,2015,the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2016 Capital Budget. The Public Hearing will be held at 6:00 p.m.in the City Council Chamber, second floor, City Hall Building, Municipal Center,Virginia Beach, Virginia. The amount of amendment exceeds 1%of the FY 2016 Capital Budget, which requires a notice and a public hearing. At this Hearing,the City Council will receive public comment regarding a budget amendment to reduce funding from $17.5 million to $0 for Capital Project 2-092, "Light Rail Extension," and from $2.5 million to $0 for Capital Project 2-108, "Light Rail Corridor Shared Use Path." The proposed ordinance would also provide $10 million m a segregated account - Structural Deficit Mitigation Account-and reserve these funds for the anticipated shortfall in FY 2017. This Hearing is open to the public and interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and nee. assistance at this meeting, pl-.se call 385-4303. Hear'ng i fired, call TDD-711. RUTH HODGESF••;:4* C CITY CLERK BEACON-October 11,2015 I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services b. Sections re biennial license renewal for EMS 2. Ordinance to ADD Section 35-64.1 to the City Code re exclusion of Reverse Mortgage payments in calculation of income for the Elderly and Disabled Tax Relief, effective immediately 3. Resolution to ADOPT the 2016 Legislative Agenda and request Virginia Beach General Assembly Delegation sponsor and/or support this legislation 4. Resolution to SUPPORT applications to Virginia Department of Transportation (VDOT) for: a. FY 2016-2017 Revenue Sharing Program re Rosemont Road Phase V and Princess Anne Road Phase VII b. FY 2016-2017 Transportation Alternatives re Salem Road, West Great Neck Road, Providence Road and Independence Boulevard/Baxter Road sidewalk projects 5. Ordinance to AMEND the Capital Improvement Program and FY 2016 Operating Budget and ESTABLISH a Mitigation account re Light Rail 6. Ordinance to DECLARE 704 Hampshire Lane as EXCESS PROPERTY and AUTHORIZE the City Manager to EXECUTE the necessary documents to convey same to the African American Cultural Center, Inc. 7. Ordinance to DECLARE 2750 Elbow Road as EXCESS PROPERTY and AUTHORIZE dedication to the City of Chesapeake 8. Resolution to APPOINT Kathleen A. Keffer as Assistant City Attorney, effective October 22, 2015. 9. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way to install landscaping, irrigation, columns, gates and fencing at 1700 River Court in behalf of GEORGE P. JR. and JOYCE P. LYON DISTRICT 5 - LYNNHAVEN 10. Ordinance to TRANSFER $419,610 to the Sheriff re horizontal compression adjustments for Deputies: a. $104,924 from Sheriff's Reserve for Contingencies b. $314,686 from the current year's General Fund Compression Reserve rI 1•i Yday --- y1 r c �`?w s Qy7 x'" r! CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend Sections of the EMS and Fire Codes, namely, §§2- 421, 2-422, 2-423, 2-424, 4-425, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, 12- 27, 12-29, 12-41, 12-42, 12-45, 12-46, 12-48, 37-22 MEETING DATE: October 20, 2015 ■ Background: In the 2015 legislative session, the General Assembly passed House Bill 1548, which made adjustments to the multiple codes relating to emergency medical services and fire departments. Notably, the changes created separate code sections for fire departments and EMS, and the terminology was changed to designate the head of the EMS department as "chief," "rescue squads" as "emergency medical service agencies," "firemen" as "firefighters," etc. The proposed changes to the Virginia Beach City Code reflect these statutory adjustments and are consistent with the Virginia Code, as amended. Further, the current City Code sections relating to the Fire Department have not been updated to reflect the fundamental operation of the Department since the 1980s. Most of the last major amendments occurred in 1994, and the department is still referenced in the code as the "Department of Fire Protection." During the 2011 accreditation evaluation of the Fire Department by the Commission on Fire Accreditation International, the commission recommended that the Fire Department undertake a process to update the relevant code sections to reflect more accurately its current structure and services provided. To address these issues, a joint comprehensive review was conducted by the Department of Emergency Medical Services and Fire Department, with assistance from the Police Department, Emergency Communications and Citizen Services, and Public Utilities. The ordinances presented for Council's consideration are the result of that joint effort and accurately represent the current services provided by the Emergency Medical Services and Fire Departments. ■ Considerations: This ordinance amends sections of the City Code to comport with the Virginia Code and adjusts the descriptions and authorizations for services for the Department of Emergency Medical Services and Fire Department to describe more accurately their operations. ■ Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance. Ordinance to Amend EMS and Fire Codes Page 2 of 2 Recommended Action: Approval Submitting Departme encies: Fire Departm a fl Department of Emergency Medical Services City Manag,,,: sr,„,,, 1 AN ORDINANCE TO AMEND SECTIONS 2-421, 2-422, 2- 2 423, 2-424, 2-425, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, 3 12-27, 12-29, 12-41, 12-42, 12-45, 12-46, 12-48, and 37-22 4 OF THE CITY CODE PERTAINING TO THE DEPARTMENT 5 OF EMERGENCY MEDICAL SERVICES AND THE FIRE 6 DEPARTMENT 7 SECTIONS AMENDED: §§ 2-421, 2-422, 2-423, 2-424, 2- 8 425, 12-21, 12-22, 12-23, 12-24, 12-25, 12-26, 12-27, 12-29, 9 12-41, 12-42, 12-45, 12-46, 12-48, and 37-22 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Sections 2-421, 2-422, 2-423, 2-424, 2-425, 12-4, 12-21, 12-22, 12-23, 12- 13 24, 12-25, 12-26, 12-27, 12-29, 12-41, 12-42, 12-45, 12-46, 12-48, and 37-22 of the 14 Code of the City of Virginia Beach, Virginia, are hereby amended and ordained to read 15 as follows: 16 Sec. 2-421. Creation; composition. 17 There is hereby created a department of emergency medical services, which 18 shall consist of an director of emergency medical services chief, a medical director 19 endorsed by the Virginia Beach Medical Society, the members of the operational 20 volunteer rescue squads serving the city and such other committees, boards, 21 organizations and personnel as may be ordered by the city manager, the medical 22 director or the director chief consistent herewith. Such members, committees, boards, 23 organizations and personnel; - -- - e" e • '" - •- •-- - -- - - -- • ••- - - - 24 protection, shall be under the supervision and control of the director emergency medical 25 services chief. Personnel assigned to the fire department shall be under the supervision 26 and control of the emergency medical services chief and the fire chief whenever they 27 are engaged in emergency medical services and rescue services activities as defined in 28 section 2-422. The director emergency medical services chief and medical director shall 29 be appointed by the city manager. The medical director shall be appointed for a term of 30 two (2) years and shall be eligible for reappointment. 31 Sec. 2-422. Functions. 32 The department of emergency medical services shall be responsible for 33 controlling and supervising the provision of prehospital emergency medical services and 34 rescue services in the city to protect and promote the health, welfare and safety of the 35 general public. Such services shall include, but not be limited to: basic and advanced 36 life support patient care; preventative care; rescues patient care at accidents of any 37 nature involving injuries and/or entrapments illnesses; mass casualty incidents; water 38 rescues, including, boat, lifeguard and rescue dive operations services; and all other 39 incidents involving injured or ill patients. Such services shall not include (i) rescues 1 11 40 which involve an imminent danger or the actual occurrence of fire or explosion, or the 41 uncontrolled release of hazardous materials which threaten life, or (ii) search and 42 rescue operations conducted by law enforcement officers. The department shall be 43 responsible for establishing and enforcing applicable rules, regulations, policies and 44 protocols for the department and for other city agencies and the agencies which are 45 defined under chapter 10.5 of the Code. The department shall have other such powers 46 and duties as may be assigned by council or the city manager. 47 Sec. 2-423. General powers and duties of directors and chief. 48 (a) The medical director shall be responsible for the establishment of 49 medical policy dealing with the direction and coordination of patient care 50 operations for the department, including, but not limited to, the granting of the 51 authorization to practice to EMS personnel as defined in the Code of Virginia 52 54.1-3408, the development of medical training standards, medical care 53 procedures and protocols, medical performance standards and general medical 54 control. 55 (b) The director of emergency medical services chief shall make rules, 56 regulations and policies concerning the general management, direction, 57 operation and control of the department of emergency medical services, as well 58 as the provision of emergency medical services and rescue services in the city, 59 including, but not limited to, the certification of emergency medical services 60 personnel to operate within the city consistent with policies promulgated by the 61 medical director; the implementation of medical and operational policy and 62 protocol; and the supervision of all personnel within the department, as well as 63 any other personnel involved in the provision of emergency medical and rescue 64 services as set forth in section 2-422 of this code. 65 (c) The rules, regulations and policies of the medical director and director 66 emergency medical services chief shall be subject to approval by the city 67 manager and shall not be inconsistent with the laws of the commonwealth. 68 Sec. 2-424. Advisory boards. 69 (a) The Council of Virginia Beach Volunteer Rescue Squads, Inc. shall 70 serve as an advisory board to the director of emergency medical services chief, 71 providing recommendations on department policy matters as necessary. The 72 advisory board may also provide recommendations to the city manager 73 concerning the selection of the director of emergency medical services chief 74 when vacancies occur in that position, and other matters pertaining to the duties, 75 responsibilities and functions of the department of emergency medical services. 76 (b) Additional boards which may be created shall have duties as 77 enumerated to them by the city manager, medical director or the director of 78 emergency medical services chief. II 79 Sec. 2-425. Background investigations of applicants for certification; false 80 representation of certification unlawful; impersonation. 81 (a) In order to determine if any past criminal conduct or motor vehicle 82 driving record of any applicant for certification by the director of emergency 83 medical services chief would be compatible with the nature of the position under 84 consideration, the following procedure shall be followed: 85 (1) Each such applicant shall furnish a classifiable set of fingerprints to the 86 department of police. 87 (2) The chief of police and members of the department of police acting in 88 his name and the director of emergency medical services chief or an 89 investigator designated by the director emergency medical services chief 90 within the department of emergency medical services, are authorized to 91 conduct a field investigation and directed to conduct criminal record checks 92 on each such applicant. 93 (3) The chief of police or a member of the police department acting on his 94 behalf, or an investigator designated by the director of emergency medical 95 services chief within the department of emergency medical services, shall 96 prepare a factual summary of the background investigation and criminal 97 records check of each applicant and transmit such summary to the director 98 of emergency medical services chief for the purpose of determining the 99 fitness of the applicant. 100 (4) Background investigation and records checks include records of all 101 arrests and dispositions as an adult. Records of arrests and dispositions, 102 while an applicant was considered a juvenile, shall be transmitted only when 103 authorized by a court order, court rule, court decision, federal regulation or 104 state statute authorizing such dissemination. 105 (5) Criminal history records and information shall include arrest and 106 disposition data on file in the national crime information center, the federal 107 bureau of investigation, the department of defense, the department of motor 108 vehicles, and all other federal, state and local law enforcement agencies. 109 (6) Any applicant who is denied certification on the basis of the investigation 110 summary referred to in this section may inspect that summary for the 111 purpose of clarifying, explaining or denying the accuracy of its contents. 112 (7) The chief of police and members of the police department shall make no 113 other dissemination to the director of emergency medical services chief 114 regarding the fitness of applicants, except in the official summary report 115 referred to in this section. 116 (8) Use of criminal history record information disseminated to the director of 117 emergency medical services chief shall be limited to the purpose for which it 118 was given and may not be disseminated further. 119 (b) It shall be unlawful for any person to willfully impersonate, with the intent 120 to make another believe he is a certified an emergency medical services 121 perseRRel provider. A first offense conviction is a Class 1 misdemeanor. 122 . . . . 123 Sec. 12-4. Open burning 124 (a) Open burning, where permitted by the Virginia Statewide Fire Prevention 125 Code, shall be constantly monitored until the fire is extinguished. Fire extinguishing 126 equipment shall be available for immediate use. 127 (b) The fire chief of fire protection shall prohibit open burning, otherwise lawful, 128 when smoke may cause reduced visibility on any highway, or when emissions or 129 odors may constitute a hazard or nuisance. The fire chief of fire protection shall 130 order the extinguishing by the permit holder or other responsible person, or by the 131 fire department, of any fire which creates such a hazard or nuisance, or if adjacent 132 property is considered to be endangered. 133 . . . . 134 Sec. 12-21. Created; composition. 135 There is hereby created a fire department of fire protection, which shall be 136 composed of the fire companies located throughout the city, headed by a fire chief of 137 fire protection. The fire chief is appointed as the coordinator of emergency management 138 under the direction of the city manager in the emergency operations plan. The fire 139 department is an all-hazards response agency and is a fundamental component to 140 emergency services, disaster planning, and emergency management. 141 142 Section 12-21.1. Functions. 143 The fire department, under the direction of the fire chief, shall be responsible for 144 preventing, suppressing, controlling, limiting, and extinguishing accidental or 145 intentionally destructive fires on land and water. The fire department shall be 146 responsible for controlling and supervising the provision of services that protect life and 147 property that include, but are not limited to, hazardous, combustible, radiological, and 148 explosive materials, including as leaks; rescues at accidents of any nature involving 149 injuries and/or entrapments; technical rescues involving rope rescue, trench, aircraft, 150 and confined space incidences; situations involving an imminent danger or actual 151 occurrences of fire, explosion, and structural collapse; and maritime incidents that 152 involve fire, a technical rescue, and hazardous materials. In conjunction with the fire 153 chief's role as Coordinator of Emergency Management, the fire department shall also 154 support the emergency management coordination of the City and specifically assist in 155 evacuation activities, search and rescue of disaster victims, and any other emergency 156 response activities, as needed. The fire marshal shall investigate the causes of fires; 157 prosecute alleged arson, threats to burn, threats to bomb, post-blast investigations or 158 other related criminal acts; and enforce the Virginia Statewide Fire Code and related 159 codes as incorporated and/or amended. The police department bomb squad personnel 160 (also known as "Hazardous Device Technicians") shall be under the supervision and 161 control of the Police Special Operations Bomb Squad Commander while engaged in 162 render safe operations, device inspection, and recovery of hazardous devices. During 163 fire incidents and fire investigations of alleged arson, threats to burn, threats to bomb, 164 post-blast explosive device investigations, police bomb squad personnel will work in 165 cooperation with the fire chief. In cooperation with the department of emergency 166 medical services, fire department personnel shall be under the supervision and control 167 of the fire chief and the emergency medical services chief when engaged in emergency 168 medical services involving the treatment and/or transport of patients, pursuant to 169 Sections 2-422 and 2-423 of this Code. 170 Sec. 12-22. Departmental rules and regulations. 171 The fire chief ctien, with the approval of the city manager, shall make 172 rules and regulations concerning the operation of the fire department of fire protection, 173 the conduct of the officers, employees and members thereof and, their uniforms, 174 equipment, training and procedures. 175 Sec. 12-23. Composition and service areas of fire companies generally. 176 (a) The fire companies shall consist of such officers, employees, volunteers 177 and members as shall be provided by the city manager or the fire chief of fire 178 protection. 179 (b) The fire companies shall serve such areas as shall be designated by the 180 fire chief of fire protection. 181 Sec. 12-24. Composition and rules and regulations of volunteer fire companies. 182 Each volunteer fire company within the city shall consist of such officers and 183 members as are provided for in its bylaws and the provisions of this article, except that 184 no position shall be in conflict with the rules and regulations established by the city 185 manager and the fire chief of fire protection. No rules or regulations of any volunteer fire 186 company shall conflict with rules and regulations established pursuant to section 12-22. 187 Sec. 12-25. Fire marshal, deputies and assistants. 188 (a) The fire chief of fire protection or his designee shall be the fire marshal. 189 (b) Within the fire department of fire protection, there shall be appointed by 190 the fire marshal such deputies and assistants as may be necessary. These deputies 191 and assistants shall have the same powers and perform the same duties as the fire 192 marshal, at his direction or in his absence. The fire marshal shall be responsible for 193 the enforcement of the fire prevention code referenced by section 12-41 of this 194 Code, this chapter, and related laws of the city and state, and for the investigation 195 and prosecution of all cases of alleged arson and other fire-related incidents 196 suspected to involve criminality. 197 (c) In making such investigations, the fire marshal may issue a summons 198 directed to the sheriff of the city commanding him to summon witnesses to attend 199 before the fire marshal, or his authorized designee, at such time and place as he 200 may direct. Any such officer to whom the summons is delivered shall forthwith 201 execute it and make return thereof to the fire marshal at the time and place named 202 therein. Any witnesses on whom such summonses are served may be compelled by 203 the fire marshal to attend and give evidence and shall be liable in like manner as if 204 the summonses had been issued by a magistrate in a criminal case. They shall be 205 sworn by the fire marshal before giving evidence and their evidence shall be 206 reduced to writing by him or under his direction and subscribed by them, 207 respectively. 208 (d) The fire marshal and his deputies and assistants, before entering upon 209 their duties, shall respectively take an oath before any officer authorized to 210 administer oaths, faithfully to discharge the duties of such office. A certificate of the 211 oath shall be returned to and preserved by the clerk of circuit court. 212 (e) The fire marshal and his deputies and assistants shall have the authority 213 to arrest, to procure and serve warrants of arrest and to issue summonses in the 214 manner prescribed by law, for violations of chapter 12 of the City Code and fire 215 safety and related ordinances and laws of the city and state. The authority granted 216 in this section shall not be exercised until such person has satisfactorily completed 217 a training course for fire marshals and their assistants, which course shall be 218 approved by the Virginia Fire Services Board. 219 (f) The fire marshal and his designated deputies and assistants shall have 220 the same powers as a sheriff, police officer, or law enforcement officer. The 221 investigations of all alleged offenses pursuant to Title 27 of the Code of Virginia, as 222 amended, shall be the responsibility of the fire marshal or his designee. The police 223 powers granted in this section shall not be exercised by the fire marshal or any 224 deputy or assistant until such person has satisfactorily completed a course 225 designed for fire marshals with police powers and approved by the Virginia Fire 226 Services Board. In addition, such person with police powers shall continue to I 227 exercise those police powers only upon participation in and satisfactory completion 228 of in-service and advanced courses as shall be required and approved by the 229 Virginia Fire Services Board. 230 Sec. 12-26. Background investigations of applicants for employment. 231 In order to determine if any past criminal conduct of any applicant for 232 employment with the department of fire protection would be compatible with the nature 233 of the position under consideration, the following procedure shall be followed: 234 (1) Each such applicant shall furnish a classifiable set of fingerprints to the 235 department of police. 236 (2) The chief of police and members of the department of police acting in his 237 name, and the fire chief of fire protection or an investigator designated by 238 the fire chief of fire protection within the fire department of fire protection, 239 are authorized to conduct a field investigation and directed to conduct 240 criminal record checks on each such applicant. 241 (3) The chief of police or a member of the police department acting on his 242 behalf, or an investigator designated by the fire chief of- 243 within the fire department of fire protection, shall prepare a factual 244 summary of the background investigation and criminal records check of 245 each firefighter applicant and transmit such summary to the fire chief of 246 fire protection for the purpose of determining the fitness of the applicant. 247 (4) Background investigations and records checks include records of all 248 arrests and dispositions as an adult. Records of arrests and dispositions, 249 while an applicant was considered a juvenile, shall be transmitted only 250 when authorized by court order, court rule, court decision, federal 251 regulation or state statute authorizing such dissemination. 252 (5) Criminal history records and information shall include arrest and 253 disposition data on file in the national crime information center, the federal 254 bureau of investigation, the department of defense and all other federal, 255 state and local law-enforcement agencies. 256 (6) Any applicant who is denied employment on the basis of the investigation 257 summary referred to in this section may inspect that summary for the 258 purpose of clarifying, explaining or denying the accuracy of its contents. 259 (7) The chief of police and members of the police department shall make no 260 other dissemination to the fire chief of fire protection regarding the fitness 261 of firefighter applicants, except in the official summary report referred to in 262 this section. II 263 (8) Use of criminal history record information disseminated to the fire chief of 264 fire protection shall be limited to the purpose for which it was given and 265 may not be disseminated further. 266 Sec. 12-27. Authority of chief or other office in charge when answering alarm or 267 extinguishing fire. 268 (a) While the fire department of fire protection or any volunteer fire company 269 in the city is in the process of answering an alarm of fire or operating at an 270 emergency incident where there is imminent danger or the actual occurrence of fire 271 or explosion or the uncontrolled release of hazardous materials which threaten life 272 or property and returning to the station, the fire chief of-fire protection or other 273 officer in charge of such department or company at that time shall have the 274 authority to maintain order at the emergency incident or its vicinity, direct the 275 actions of the firefighters at the incident, keep bystanders or other persons at a safe 276 distance from the incident and emergency equipment, facilitate the speedy 277 movement and operation of emergency equipment and firefighters, cause an 278 investigation to be made of the origin and cause of the incident and, until the arrival 279 of a police officer, direct and control traffic, in person or by deputy, and facilitate the 280 movement of traffic. The fire chief of fire protection or other officer in charge shall 281 display his firefighter's badge or other proper identification. Notwithstanding any 282 other provision of law, this authority shall extend to the activation of traffic-control 283 signals designated to facilitate the safe egress and ingress of emergency 284 equipment at a fire station. 285 (b) Any person refusing to obey the orders of the fire chief of fire protection or 286 his deputies or other officer in charge at the time, given pursuant to this section, 287 shall be guilty of a Class 4 misdemeanor. The fire chief of fire protection or other 288 officer in charge shall have the power to make arrests for violation of the provisions 289 of this section. 290 . . . . 291 Sec. 12-29. Loitering about i fire or EMS stations 292 (a) No person shall loiter about any firehouse or fire or EMS station unless he 293 is a member or employee of the fire department or EMS department of fire 294 p-rotection whose duties require his presence there. 295 (b) A violation of this section shall constitute a Class 1 misdemeanor. 296 . . . . 297 Sec. 12-41. Adopted 298 Pursuant to the provisions of Code of Virginia, Chapter 9, Title 27, the fire 299 department is designated and authorized to enforce that certain code 300 known as the Virginia Statewide Fire Prevention Code, as promulgated by the Board of 301 Housing and Community Development of the Commonwealth of Virginia, save and 302 except such portions as may be modified or amended in this article, of which code a 303 copy has been and is now filed in the office of the city clerk, and the same is hereby 304 adopted and incorporated as fully as if set out at length herein and the provisions 305 thereof shall be controlling within the limits of the city. 306 Sec. 12-42. Definitions 307 The following words and terms, as used in the fire prevention code adopted by 308 section 12-41, shall have the meanings ascribed to them below: 309 (1) Wherever the words "name of jurisdiction" are used, they shall mean this 310 city. 311 (2) Wherever the term "fire official" is used, it shall mean the chief of the fire 312 department of fire protection of the city or his duly authorized representative. 313 (3) Wherever the term "legal counsel of the municipality" is used, it shall 314 mean the city attorney of the city. 315 . . . . 316 Sec. 12-45. New materials, processes or occupancies which may require permits 317 The city manager, the fire chief of fire protection and the building code administrator 318 shall act as a committee to determine and specify, after giving affected persons an 319 opportunity to be heard, any new materials, processes or occupancies which shall 320 require permits, in addition to those now enumerated in the fire prevention code 321 adopted in this article. The fire chief of fire protection shall post such lists in a 322 conspicuous place in his or her office and distribute copies thereof to interested 323 persons. 324 Sec. 12-46. Modifications 325 The fire chief of fire protection shall have the power to modify any of the provisions 326 of the fire prevention code adopted in this article, upon application in writing by the 327 owner or lessee or his duly authorized agent, when there practical difficulties in the way 328 of carrying out the strict letter of such code, provided, that the spirit of such code shall 329 be observed, public safety secured and substantial justice done. Such modifications 330 shall be subject to the approval of the city manager. The particulars of such 331 modifications, when granted or allowed, and the decision of the fire chief of fire 332 protection thereon shall be entered upon the records of the fire department of fire 333 protection and a signed copy shall be furnished the applicant. 334 . . . . 335 Sec. 12-48. Availability of copies 336 Copies of the fire prevention code adopted in this article may be obtained at the 337 office of the fire department of fire protection during regular business hours. 338 . . . . 339 Sec. 37-22. Use of fire hydrants generally 340 (a) Fire hydrants are provided for the primarysolc purpose of extinguishing 341 fires, and all persons, except authorized employees or agents of the fire department of 342 fire protection and the department of public utilities or such persons as may be 343 specifically authorized by the director of public utilities, are hereby prohibited from 344 opening or using such hydrants. 345 (b) Any person authorized to open fire hydrants shall use only an appropriate 346 spanner wrench and shall replace the caps on the outlets when not in use from the 347 same. 348 {c} A violation of this section shall constitute a Class 4 misdemeanor. 349 Sec. 37-22.1. - Diverting or wasting water from fire hydrant. 350 Any person who shall willfully and maliciously divert or waste any public water 351 supply by tampering with any fire hydrant shall be guilty of a Class 2 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,z54 :..:_. 4.10 .t.../ Fire Department City Attorney's 90 e APPROVED AS TO CONTENT: II mergenc Fr edical Services II p.�ment II APPROVED AS TO CONTENT: st`s • Police Department APPR VED AS TO CONTENT: /AP Emergency Communications and Citizen Services APPROVED AS TO CONTENT: Department of Public Utiliti s CA13392 R-11 October 8, 2015 I 11 ,/,''',1"'""" i, o R , ",mac' k CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections of the EMS Codes, namely, 2-4, 6-116, 10.5- 2, 21-220, 23-7, 35-284 MEETING DATE: October 20, 2015 • Background: In the 2015 legislative session, the General Assembly passed House Bill 1548, that made adjustments to the multiple codes relating to emergency medical services and fire departments. Notably, the changes created separate code sections for fire departments and EMS, and the terminology was changed to designate the head of the EMS department as "chief," "rescue squads" as "emergency medical service agencies," etc. The proposed changes to the Virginia Beach City Code reflect these statutory adjustments and are consistent with the Virginia Code, as amended. Further, for purposes of efficiency, the Department of Emergency Medical Services proposes to extend the permit renewal term for an emergency medical services agency, described in Virginia Beach City Code § 10.5-2, from one year to two years. The licenses issued by the Virginia Department of Health are valid for two years, and the current requirement for annual renewals is therefore unnecessary. • Considerations: The ordinance amends sections of the City Code to comport with the Virginia Code and amends Section 10.5-2, specifically, to allow for biennial renewals for emergency medical service agencies. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval SubmittingDepartment/Agency: SI Department of Emergency Medical Ses City Manager: -'1L tN�t, ' II 1 AN ORDINANCE TO AMEND SECTIONS 2-4, 2 6-116, 21-220, 23-7 AND 35-284 OF THE 3 CITY CODE PERTAINING THE 4 DEPARTMENT OF EMERGENCY MEDICAL 5 SERVICES 6 7 SECTIONS AMENDED: §§ 2-4, 6-116, 21- 8 220, 23-7 AND 35-284 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 2-4, 6-116, 21-220, 23-7 and 35-284 of the Code of the City of 14 Virginia Beach, Virginia, are hereby amended and ordained to read as follows: 15 16 Sec. 2-4. - Recognition of police, fire companies and emergency medical services 17 agencies as part of public safety program. 18 19 The following city departments, police agencies and chartered and nonchartered fire 20 companies and emergency medical services agencies - -- - - - - - - - . - •- - are 21 recognized and acknowledged to be an integral part of the official public safety program 22 of the city, and in gratitude to and in recognition of the valuable and necessary services 23 performed by the volunteer firefighters, volunteer lifesaving or emergency medical 24 service aqencyrescue squad members, volunteer law-enforcement chaplains, auxiliary 25 police, volunteer emergency medical technicians, members of volunteer search and 26 rescue organizations, and volunteer members of community emergency response 27 teams, volunteering for the following organizations shall be deemed employees for the 28 purposes of the Virginia Workers' Compensation Act: 29 Blackwater Volunteer Rescue Squad, Incorporated. 30 Chesapeake Beach Volunteer Fire and Rescue Department, Incorporated. 31 Creeds Volunteer Fire Department and Rescue Squad, Incorporated. 32 Davis Corner Volunteer Fire Department and Rescue Squad, Incorporated. 33 Kempsville Rescue Squad, Incorporated. 34 Ocean Park Volunteer Fire and Rescue Unit, Incorporated. 35 Oceana Volunteer Fire Department, Incorporated. 36 Plaza Volunteer Fire Company and Rescue Squad, Incorporated. 37 Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, 38 Incorporated. 39 Sandbridge Rescue and Fire, Incorporated. 40 Thalia Volunteer Fire Department, Incorporated. 41 Virginia Beach Auxiliary Police. 42 Virginia Beach Rescue Squad, Incorporated. 43 Virginia Beach Volunteer Law Enforcement Chaplains and Chaplains' Aides. 44 Virginia Beach Volunteer Water Rescue Team, Incorporated. 45 Virginia Beach Department of Emergency Medical Services. 46 Virginia Beach Fire Department. 47 Virginia Beach Office of Volunteer Resources. 48 . . . . 49 . . . . 50 Sec. 6-116. - Surfing generally. 51 52 (a) For purposes of this section, the following phrases shall have the meanings 53 respectively ascribed to them: 54 (1) City manager shall mean the city manager or his duly authorized designee. 55 (2) Labor Day Weekend shall be deemed to end at 6:00 p.m. on Labor Day. 56 (3) Memorial Day Weekend shall be deemed to begin at 6:00 p.m. on the Friday 57 before Memorial Day. 58 (4) Shorebreak shall mean the area between the shoreline of the Atlantic Ocean 59 and a continuous line running thirty (30) feet east of the shoreline. 60 (b) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day 61 Weekend, it shall be unlawful for any person to use a surfboard in the waters of the 62 Atlantic Ocean, between the hours of 11:00 a.m. and 4:00 p.m. Fridays, weekends 63 and holidays, in any of the following areas: 64 (1) In the area from the northern boundary of Little Island Park to the southern 65 boundary of the designated lifeguard-patrolled swimming area located at the 66 terminus of Sandbridge Road; 67 (2) In the area from the northern boundary of the designated lifeguard-patrolled 68 swimming area located at the terminus of Sandbridge Road to the southern 69 boundary of Dam Neck Fleet Combat Training Center; 70 (3) In the area from the center line of 42nd Street to the center line of 56th Street; 71 and 72 (4) In the area from the center line of 58th Street to the southern boundary of Fort 73 Story. 74 (c) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day 75 Weekend, it shall be unlawful for any person to use a surfboard in the waters of the 76 Atlantic Ocean, between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 77 10:00 a.m. and 6:00 p.m. weekends and holidays, in an of the following areas: 78 (1) In the designated lifeguard-patrolled swimming area located at the terminus of 79 Sandbridge Road; 80 (2) In the area from the northern jetty of Rudee Inlet to the center line of 42nd 81 Street; and 82 (3) In the area from the center line of 56th Street to the center line of 58th Street. 83 (d) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day 84 Weekend, it shall be unlawful for any person to use a surfboard in the waters of the 85 Atlantic Ocean, between the hours of 11:00 a.m. and 4:00 p.m. any day of the 86 week, in the area from the southern boundary of Rudee Inlet to the point located 87 two hundred (200) feet north of the northern boundary of Camp Pendleton. 88 (e) Notwithstanding the provisions of subsections (b) through (d) of this section, the use 89 of a surfboard in the waters of the Atlantic Ocean shall be permitted in the following 90 areas: 91 (1) In the area from the southern boundary of Little Island Park to the state line, 92 subject to any restrictions imposed by the United States Government with 93 respect to any area of the beach under its ownership and/or control; 94 (2) At Little Island Park, subject to any restrictions imposed by the director of parks 95 and recreation; 96 (3) In the area from the southern jetty of Rudee Inlet to a point eight hundred (800) 97 feet south thereof; 98 (4) In the area from the northern jetty of Rudee Inlet to a point five hundred (500) 99 feet north thereof; 100 (5) In the area beginning three hundred (300) feet north of the center line of 3rd 101 Street and extending to a point one hundred (100) feet north of the center line 102 of 5th Street; 103 (6) In any area determined to be unsafe for swimming or wading, pursuant to 104 Section 6-17 of this chapter; and 105 (7) In any other area that the city manager may, from time to time, designate as a 106 surfing area. 107 (f) In addition to the prohibitions set forth in subsections (b) through (d) of this section: 108 (1) No person shall use a surfboard from one-half hour after sunset to one-half 109 hour before sunrise. 110 (2) No person shall use a surfboard unless a leash or tether joins the surfer to the 111 surfboard; 112 (3) No person shall use a surfboard in the area between the south and north jetties 113 of Rudee Inlet; 114 (4) No person shall, from Memorial Day Weekend to Labor Day Weekend, use a 115 surfboard within the shorebreak unless such person is paddling, or wading 116 beside the surfboard for purposes of entering the water or returning to the 117 beach, or unless such person is in an area specifically designated by this 118 section or the city manager as a surfing area; and 119 (5) No person shall engage in any activity other than surfing in any area specifically 120 designated by this section or the city manager as a surfing area. 121 (g) Notwithstanding any provision herein to the contrary, whenever the city manager 122 determines that surfing in a particular area poses a threat of danger to the general 123 public, he may prohibit surfing in such area for the period of time during which the 124 threat of danger exists. Any such area shall be conspicuously marked by "No 125 Surfing" signs, which signs shall remain in place until the prohibition has been lifted, 126 and it shall be unlawful for any person to surf in any area so marked. 127 (h) In addition to the regular police officers of the city, the director of emergency 128 medical services chief and his duly authorized designees are authorized to enforce 129 the provisions of this section by the issuance of summonses, provided the director 130 chief or any such designee is in uniform at the time a summons is issued. 131 (i) Any person who violates any provision of this section shall be guilty of a Class 4 132 misdemeanor; provided, however, that any person who violates subsection (f)(2) of 133 this section shall be guilty of a Class 3 misdemeanor. 134 . . . . 135 Sec. 10.5-2. - Permit required. 136 137 (a) In accordance with section 32.1- 111.14 of the Code of Virginia, as amended, it 138 shall be unlawful for any individual or organization to operate an emergency 139 medical services agency, or any emergency medical services vehicle in the city for 140 emergency transport purposes or nonemergency transport purposes, without first 141 being granted a permit to do so by the city council. 142 143 (b) The provisions of subsection (a) above shall not be applicable to the department of 144 emergency medical services, any volunteer rescue squad formally recognized by 145 such department as a provider of emergency medical services within the city, any 146 government operated emergency medical services agency providing service under 147 the authority of a mutual aid agreement or a memorandum of understanding with 148 the city, any lifeguard service operating on the public beaches of the city pursuant to 149 a contract with the city, or Virginia Beach Emergency Response System agencies, 150 including but not limited to, the Virginia Beach Police Department, the Virginia 151 Beach Fire Department or the Virginia Beach Parks and Recreation Department. 152 153 (c) All permits issued pursuant to subsection (a) above and in effect on January 1, 154 1985, shall expire on June 30, 1985. Applications for renewal permits shall be 155 accepted beginning thirty (30) days prior to June 30, 1985. Any permit issued for the 156 first time or as renewal shall be an annual permit valid from the date issued until the 157 thirtieth day of June the calendar year after the issuance date. and-Applications for 158 renewal of such permits shall be accepted beginning thirty (30) days prior to the 159 thirtieth day of June of the year of expiration and, if issued, shall be valid for a 160 period of two years. However, any permit issued under this section may be revoked 161 or suspended at any time by city council for failure of the permit holder, his agents, 162 and/or employees to comply with all applicable statutes, ordinances, rules, 163 regulations, policies and procedures. 164 165 (d) The number of ambulances, prescribed areas of operation, prescribed levels of 166 care rendered, fixed charges and fees for services delivered, required limits of 167 liability insurance coverage and other rules and regulations not inconsistent with the 168 laws of the commonwealth shall be prescribed for under said permit. 169 . . . . 170 Sec. 21-220. - Activation of traffic control signals by fire department and 171 emergency medical services agency rescue-squad-members. 172 173 Members of any fire department or any emergency medical services agency rescue 174 squad, when on duty, may activate electric traffic-control signals when such control 175 signals are specifically authorized by the State Highway and Transportation 176 Commissioner or the City Manager. 177 . . . . 178 Sec. 23-7. - Misleading, obstructing, etc., city officers. 179 180 (a) If any person without just cause knowingly obstructs a judge, magistrate, justice, 181 juror, witness, any law enforcement officer or animal control officer in the 182 performance of his duties as such, or fails or refuses without just cause to cease 183 such obstruction when requested to do so by such judge, magistrate, justice, juror, 184 witness, law enforcement officer or animal control officer, he shall be guilty of a 185 Class 1 misdemeanor. 186 (b) If any person, by threats or force, knowingly attempts to intimidate or impede a 187 judge, magistrate, justice, juror, witness, any law enforcement officer or animal 188 control officer, lawfully engaged in his duties as such, or to obstruct or impede the 189 administration of justice in any court, he shall be deemed to be guilty of a Class 1 190 misdemeanor. 191 (c) Any person who knowingly and willfully makes any materially false statement or 192 representation to a law-enforcement officer or animal control officer who is in the 193 course of conducting an investigation of a crime by another is guilty of a Class 1 194 misdemeanor. 195 (d) Any person or persons who unreasonably or unnecessarily obstruct a member or 196 members of an emergency medical services agency rescue squad, whether 197 governmental, private or volunteer, in the performance of the rescue mission or who 198 shall fail or refuse to cease such obstruction or move on when requested to do so 199 by a member of an emergency medical services agencyrescue squad going to or at 200 the site at which emergency medical services are required of a rescue mission shall 201 be guilty of a Class 2 misdemeanor. 202 . . . . 203 Sec. 35-284. - Vehicle license at no charge for members of volunteer fire 204 companies or emergency medical services agenciesressuc squads, auxiliary 205 police officers, volunteer police chaplains, auxiliary deputy sheriffs, disabled 206 veterans and surviving spouses of disabled veterans. 207 208 For members of the various volunteer fire companies and emergency medical 209 services agencies rescue squads in the City, auxiliary police officers serving the City, 210 volunteer police chaplains of the City, auxiliary deputy sheriffs serving the City, disabled 211 veterans as exempted by Code of Virginia, § 46.2-756(B) there shall be no charge for 212 local vehicle licenses, in accord with the following provisions: 213 (1) No license fee shall be charged for one (1) vehicle owned by each active 214 member of the various volunteer fire companies and emergency medical 215 services agenciesrescue squads, each active auxiliary police officer, each 216 active volunteer police chaplain, and each active auxiliary deputy sheriff, and 217 each such volunteer who, although presently inactive, has completed ten (10) 218 or more years of active service in the City. Such persons shall submit a letter to 219 the Commissioner of the Revenue from the Chief of his fire company or 220 emergency medical services agencyrescue squad or, in the case of auxiliary 221 police officers and volunteer police chaplains, from the Chief of Police, or in the 222 case of auxiliary deputy sheriffs, from the Sheriff, stating that he is an active 223 member of the company or squad or is an active auxiliary police officer, 224 volunteer police chaplain or auxiliary deputy sheriff, or that, if inactive, he has 225 completed ten (10) or more years of active service. The preceding exemption 226 from the license fee shall apply to active members of volunteer fire companies 227 and emergency medical services agencies rescue squads, and each active 228 auxiliary police officer, volunteer police chaplain and auxiliary deputy sheriff, 229 regardless of whether the volunteer owns or leases the vehicle for which the 230 exemption is requested. 231 (2) Each such volunteer fire company or emergency medical services 232 agencyrescue squad member, auxiliary police officer, volunteer police chaplain 233 and auxiliary deputy sheriff shall, at the time the license fee is exempted, agree 234 to notify the Commissioner of the Revenue, if and when such volunteer 235 becomes inactive prior to completing ten (10) or more years of active service. 236 (3) The Chief of each volunteer fire company and emergency medical services 237 agency rescue squad, the Chief of Police, and the Sheriff shall submit to the 238 Commissioner of the Revenue the names and length of active volunteer service 239 of members, auxiliary police officers and police chaplains and auxiliary deputy 240 sheriffs who become inactive. 241 (4) No local vehicle license fee shall be charged for one (1) motor vehicle owned 242 and personally used by any disabled veteran and each surviving spouse of a 243 disabled veteran exempted from paying an annual registration fee by Code of 244 Virginia, § 46.2-739(B). Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 113/W ZattiV' EOEmeredical Services CityAttorney's ice jr- CA13393 R-1 October 8, 2015 n_,11ARfA` CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Add Section 35-64.1 to the City Code to Exclude Payments from a Reverse Mortgage from the Calculation of Income in the Elderly and Disabled Tax Relief Program MEETING DATE: October 20, 2015 • Background: In the City of Virginia Beach, qualified seniors, permanently disabled individuals and disabled veterans are eligible for certain tax relief programs. These programs are designed to provide real estate tax relief for qualifying individuals. A change to the Virginia Constitution, effective January 1, 2011, removed the disabled veteran program from the other forms of real estate tax relief. Qualifying Veterans receive a total exemption from real estate taxes. The City's Elderly and Disabled Real Estate Tax Relief Program (the "Program") currently offers qualifying residents the option to freeze or be exempt from real estate taxes. These programs include requirements as to status (at least 65 years of age or disabled), net worth (maximum value of net assets of less than $350,000, excluding the value of the residence), and income. As amended in March of this year, the exemption portion of the Program provides tax relief based on bands of income that correspond to a percentage tax exemption: Total Income Tax Exemption $0.00 - $38,668.00 100% $38,668.01 - $41,668.00 80% $41,668.01 - $44,668.00 60% $44,668.01 - $47,668.00 40% $47,668.01 - $50,668.00 20% Localities are authorized to exclude certain sources of income or a portion of income from the income considered for purposes of qualification or partial exemption authorized in the Program. The current income exclusions in the City ordinance are: up to $10,000 for the income of a relative, other than a spouse of the owner; up to $10,000 for the income of a nonrelative, other than a bona fide tenant or caregiver of an owner, who lives in the dwelling; up to $5,000 of any permanent or temporary disability benefit from whatever source; and up to $10,000 of income received by a permanently and totally disabled owner. • Considerations: The attached ordinance would also exclude from the income calculation payments provided to residents from a reverse mortgage or similar instrument. The proposed ordinance would be effective for the current tax year. To accommodate the current year effective date, the ordinance does two additional things. First, it extends the period of time during which the Commissioner of the Revenue may Elderly and Disabled Tax Relief Program Page 2 of 2 receive applications. City Code § 35-66 generally requires such information to be provided by June 30th of the year preceding the tax year for which relief is sought. Second, the ordinance directs the Commissioner of the Revenue to notify applicants of the change. The Commissioner of the Revenue has roughly 7,000 applications on file, and the office will need to review and notify possible beneficiaries of the change. The Commissioner may also utilize the City's website or media outlets to alert those who had not previously applied. The Commissioner of the Revenue has completed a preliminary review of the anticipated impact of the proposed change. The expected reduction in income to the City in FY16 is approximately $13,000. The current fiscal year budget has $9,858,587 appropriated for the Program. (There is an additional $3,329,395 for two programs that were previously budged with the Program — Disabled Veterans and Spouses of Killed- in-Action.) If additional funds are needed during the current fiscal year to pay for the costs associated with the Program, the City's Department of Budget and Management Services will bring forward such a request. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Ordinance REQUESTED BY MAYOR SESSOMS, VICE MAYOR JONES, AND MEMBERS MOSS AND WOOD it REQUESTED BY MAYOR SESSOMS, VICE MAYOR JONES, AND MEMBERS MOSS AND WOOD 1 AN ORDINANCE TO ADD SECTION 35-64.1 2 TO THE CITY CODE TO EXCLUDE 3 PAYMENTS FROM A REVERSE MORTGAGE 4 FROM THE CALCULATION OF INCOME IN 5 THE ELDERLY AND DISABLED TAX RELIEF 6 PROGRAM 7 8 SECTION ADDED: § 35-64.1 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 1. That Section 35-64.1 of the City Code is hereby added, to read as follows: 14 15 Sec. 35-64.1. Income exclusion for reverse mortgage payments. 16 17 For purposes of calculating income in accordance with this article, the 18 Commissioner of the Revenue shall not include payments from a bank or other financial 19 institution that result from a reverse mortgage or similar instrument, provided the 20 reverse mortgage is an encumbrance upon the applicant's sole dwelling. 21 22 2. This ordinance shall be effective for tax years beginning on July 1, 2015. 23 24 3. Notwithstanding the application limitations provided in City Code § 35-66, 25 the Commissioner of the Revenue is authorized to receive applications for the fiscal 26 year starting July 1, 2015, through the end of June, 2016, to allow applicants to amend 27 or update information previously to the Commissioner of the Revenue to allow an 28 updated calculation of income. 29 30 4. The Commissioner of the Revenue is directed to notify applicants in the 31 Elderly and Disabled Tax Relief Program of the change in the calculation of income 32 provided by this ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY: ity Attorney's Office CA13505 R-1 October 7, 2015 Sr o Ety tc:. o't: 5j ro CITY OF VIRGINIA BEACH 11/4....- AGENDA ITEM ITEM: A Resolution Adopting the City's 2016 Legislative Agenda MEETING DATE: October 20, 2015 • Background: City Council has a tradition of presenting a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. • Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and City Council boards and commissions. • Public Information: A discussion was held with City Council on September 8, 2015. A public hearing was held on September 15, 2015 in Council Chambers. • Recommendations: It is recommended that City Council approve the attached resolution that adopts the 2016 Legislative Agenda and requests the City's local Delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth. • Attachments: Resolution and 2016 Legislative Agenda. Requested by City Council 1 A RESOLUTION ADOPTING THE CITY'S 2016 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2016 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2016 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2016 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 32 day of , 2015. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r criv-te:e% City 7 .nager's ffi e City Attorney's Office CA13500 R-1 September 22, 2015 II 00A'BE,le 4,1";%, ':-.!:%-ja49:4, , w . City cf Virgin-ia Beach Ary , . ,�� - OUR0-,,o'S VBgov.con►n OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)355-4242 BUILDING 1 FAX(757)427-5626 2401 COURTHOUSE DRIVE TDD(757)427-4305 VIRGINIA BEACH,VA 23456-9001 September 10, 2015 . The Honorable William D. Sessoms, Jr., Mayor Members of City Council Dear Mayor and Council Members: Please find attached the revised Legislative Package for the 2016 Session of the General Assembly Session. This includes the item added at your Tuesday meeting on the hospitality/ workforce development initiative for the public/private partnership for a new hotel at TCC. This is package that will be the subject of public comment at your meeting next Tuesday. Also, in light of the fact that several council members will be absent from your October 6th meeting due to their attendance at the Virginia Municipal League annual conference in Richmond, I suggest that we move the adoption of the package to October 20th Please call if I can provide anything further. With Pride in Our City, `l Ja MI . Spore City .nager JKS/RRM/cj cc: Dave Hansen, Deputy City Manager Cindy Curtis, Deputy City Manager Doug Smith, Deputy City Manager Robert Matthias, Assistant to the City Manager Kathleen Hassen,Assistant to the City Manager Mark Stiles, City Attorney •B� Ac O o 0 vr 213 r * ✓2 tf �w 4 V ;OW A y :40 • 4F OUR N NII`' DRAFT LEGISLATIVE AGENDA GENERAL ASSEMBLY 2016 SESSION October 20, 2015 I ii PREFACE The 2016 session of the General Assembly will be quickly upon the citizens and General Assembly members. The General Assembly is to be congratulated for their notable successes in recent years. They addressed the unfunded liability for the Virginia Retirement System (VRS), including pledging to fully fund the actuarially recommended amount over the next several years, which is of great importance to the Commonwealth. The General Assembly is also keeping its faith in paying back the $600 million "loan" taken from the VRS funds during the Great Recession. The General Assembly has also attempted to address transportation funding. The creation of the Hampton Roads Transportation Accountability Commission (HRTAC), and the passage of House Bill 2 establishing a prioritization process for transportation projects throughout the Commonwealth are great accomplishments. No longer will funding for transportation projects potentially change every four years because of a change in Governor. However, even with the General Assembly's attempt to address transportation funding, funding is still critically low. The Hampton Roads region will have approximately $100M to spend on "local"projects between now and 2021. These projects must all be scored through the House Bill 2 process. This compares to the over $30M per year that Virginia Beach alone was receiving in Urban Funding, prior to the Great Recession. Virginia Beach is still committing very substantial amounts of funds for transportation funding. Also, Virginia Beach is required under House Bill 2313 to maintain a level of funding that we were expending prior to the passage of that legislation. There is no requirement that the state maintain the same level of funding as it was during that timeframe. We are also very grateful for the work of the Commonwealth Transportation Board, and especially the local VDOT office for their work in resurfacing I-64 and I-264 in Norfolk and Virginia Beach. This expenditure of over $100M in long overdue repairs is providing great benefit to the citizens, and the timely movement of people, goods, and services throughout Hampton Roads. In 2016 the City will not be requesting funds from the General Assembly for the Base Realignment and Closure (BRAC) Response Program. This joint city and state program has been lauded throughout the country, all the way up to the level of Secretary of Defense. We have created the model program for encroachment mitigation, and it is only through the efforts of our delegation, that we were able to keep this program funded for so long. Thank you for this sustained effort. This program is also a benefit to Chesapeake's efforts to protect Fentress Auxiliary Field, which is vital to the continuation of Oceana Naval Air Station. Funds have also been provided to Hampton to protect Langley Air Force Base in reducing encroachment. The General Assembly has attempted to provide additional funding for education over the last several years. However, state funding is still at a pre-Great Recession level. Virginia Beach is going above and beyond the requirements of the Standards of Quality (SOQ) by providing $234.5M in local funds, again above and beyond the amount required. This equates to 45.8 cents on the real estate tax, where every penny provides $5.1M. This does not count debt service. Funding the Standards of Quality and the funding of the real needs of education must be a priority for the General Assembly as the economy improves. Virginia Beach City Council looks forward to our continued great relationship with our Delegation. We also look forward to welcoming new members to the Delegation, as well as thanking Senator McWaters for his service representing Virginia Beach. iv TABLE OF CONTENTS Preface ii CITY OF VIRGINIA BEACH—CITY COUNCIL vi CITY OF VIRGINIA BEACH— GENERAL ASSEMBLY DELEGATION vi SECTION 1.1 — CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS vii 1. POST LABOR DAY OPENING FOR SCHOOLS 2 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 3 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL VIA VIRGINIA BEACH HUMAN RIGHTS COMMISSION 3. MORATORIUM ON URANIUM MINING 4 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 4. MEDICAID EXPANSION POSITION 8 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 5. INCREASED FUNDING FOR MENTAL HEALTHCARE 11 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES 12 6. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION(HRTAC) VOTING 13 SPONSORED BY CITY COUNCIL MEMBER,MAYOR WILLIAM D. SESSOMS,JR. 7. STIPENDS FOR BIDDERS/OFFERS IN LARGE INFRASTRUCTURE PROJECTS 14 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER 8. GOVERNMENT ACCOUNTING STANDARDS BOARD REQUIREMENTS FOR TEACHER PENSION LIABILITY 15 SPONSORED BY CITY COUNCIL MEMBER, ROSEMARY WILSON 9. COMMENCEMENT OF APPROVED JOB-RELATED DISABILITY PENSION BENEFITS OF SEPARATION 16 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER 10. ADOPT LEGISLATION TO CREATE A FEE SCHEDULE FOR WORKERS' COMPENSATION MEDICAL COST 17 SPONSORED BY CITY COUNCIL MEMBER, BOB DYER V 11. AMEND THE VIRGINIA CODE SECTION 442.170 TO INCREASE THE CIVIL CASE FILING FEE ASSESSED IN 1988,FROM$4.00 TO$5.00 18 SPONSORED BY CITY COUNCIL MEMBER,AMELIA N.ROSS-HAMMOND 12. VOTING RIGHTS 19 SPONSORED BY CITY COUNCIL MEMBER,AMELIA N.ROSS-HAMMOND 13. SMALL BUSINESS IMPROVEMENTS 20 SPONSORED BY CITY COUNCIL MEMBER,BOB DYER 14. UNIFORM DISPOSITION OF UNCLAIMED PROPERTY 21 SPONSORED BY CITY COUNCIL MEMBER,BOB DYER 15. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES 22 SPONSORED BY THE CITY OF VIRGINIA BEACH CITY COUNCIL 16. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 23 SPONSORED BY CITY COUNCIL MEMBER, BARBARA HENLEY 17. THE VIRGINIA CENTER FOR HOSPITALITY 24 SPONSORED BY CITY COUNCIL MEMBER, VICE MAYOR LOUIS R.JONES 18. FULL COMMONWEALTH FUNDING FOR THE COMMONWEALTH ATTORNEY'S OFFICE 25 SPONSORED BY CITY COUNCIL MEMBER, VICE MAYOR LOUIS R.JONES 19. OYSTER LEASES FOR NAVIGATION PROJECTS 26 SPONSORED BY CITY COUNCIL MEMBER, VICE MAYOR LOUIS R.JONES 20. FREEDOM OF INFORMATION ACT: LIMITATION OF DISCRETION FOR CUSTODIAN OF CRIMINIAL INVESTIGATIVE FILES INVOLVING SUICIDES 28 SPONSORED BY CITY COUNCIL MEMBER,JOHN MOSS vi CITY OF VIRGINIA BEACH— CITY COUNCIL Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones - Bayside Shannon DS Kane—Rose Hall Benjamin Davenport—At Large Amelia N. Ross-Hammond - Kempsville Bob Dyer-Centerville Barbara M. Henley- Princess Anne John D. Moss -At Large John E. E. Uhrin- Beach Rosemary Wilson-At Large James L. Wood - Lynnhaven r CITY OF VIRGINIA BEACH— GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis,Jr.—Senate District 6 Senator Frank W. Wagner—Senate District 7 Senator Jeffrey L. McWaters—Senate District 8 Senator John A. Cosgrove, Jr.—Senate District 14 Delegate Ronald A. Villanueva—House District 21 Delegate Barry D. Knight—House District 81 Delegate William R. DeSteph, Jr.—House District 82 Delegate Christopher P. Stolle—House District 83 Delegate Glenn R. Davis—House District 84 Delegate Scott W. Taylor—House District 85 Delegate Joseph C. Lindsey —House District 90 SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY P OSITIONS 1. POST LABOR DAY OPENING FOR SCHOOLS SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: The total spending from the tourism industry in Virginia Beach for 2014 was $1.4 billion, stimulating 12,568 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor Day would have significant financial consequences on the tourism industry in the long term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins before Labor Day and other localities follow our lead, it will have a negative effect on the economic impact of the tourism industry. To a lesser extent, this will also have an impact on this industry by affecting the labor pool available prior to Labor Day. Request: The General Assembly is requested to maintain the existing legislation concerning post Labor Day opening of schools. This allows all schools to open after Labor Day except those given exemptions by the State Board of Education. 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL VIA VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation. 3. MORATORIUM ON URANIUM MINING SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir, which provides 93% of the inflow to Lake Gaston, which provides water directly to Virginia Beach, and indirectly to most of Southside Hampton Roads. A study prepared by the National Academy of Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for contamination, that limited data exist to confirm the long-term effectiveness of those disposal cells, and that extreme natural events combined with human errors have the potential to lead to the release of contaminants. The NAS study concludes that Virginia has no experience with uranium mining, that the federal government has little or no experience with wet climates and extreme precipitation events, and that there are gaps in legal and regulatory coverage for uranium mining and steep hurdles to be overcome before mining could be established in Virginia within a regulatory framework that is protective of health, safety, and the environment. The City contracted with nationally prominent experts to prepare a study of the downstream water quality impacts that would occur from a hypothetical, catastrophic breach of an above-grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and federal regulatory levels for up to two months during wet years and six to sixteen months during dry years. The only practical response during this time would be to shut down the Lake Gaston project. Depending upon the weather, this could have significant consequences to all of Southside Hampton Roads, but particularly, Chesapeake,Norfolk, and Virginia Beach. The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning District Commission have all passed resolutions opposing uranium mining in Virginia and lifting the legislative moratorium on uranium mining. Request: The General Assembly of Virginia is requested to maintain the existing moratorium on uranium mining in Virginia. Also,the Commonwealth is requested to vigorously oppose federal court actions to overturn the Uranium Mining Moratorium. (See attached resolution by City Council) 11 -„, 4, i % ,,,..: A, .,;,. I -: ***Please find attached a resolution adopted by City Council on September 1, 2015*** Resolution Page 1 1 A RESOLUTION REQUESTING THE 2 ATTORNEY GENERAL TO OPPOSE 3 VIRGINIA URANIUM'S LAWSUIT SEEKING 4 TO. INVALIDATE THE COMMONWEALTH'S 5 LONGSTANDING MORATORIUM ON 6 URANIUM MINING IN VIRGINIA 7 • 8 WHEREAS, the Virginia General Assembly enacted a Moratorium on Uranium 9 Mining in the early 1980's; and 10 11 WHEREAS, this - Moratorium was established based on scientifically 12 demonstrated environmental concerns relating to Uranium Mining; and 13 14 . - WHEREAS, Virginia Uranium, Inc. and its affiliated companies own mineral 15 rights to a potentially large uranium deposit in the Roanoke River Basin;and 16 17 WHEREAS, Virginia Uranium has repeatedly attempted through the General 18 Assembly to have the Moratorium lifted; and 19 20 WHEREAS, The General Assembly has maintained the Moratorium on Uranium 21 Mining; and 22 23 WHEREAS, Uranium Mining was opposed by multiple jurisdictions and 24 organizations, such as the Roanoke River Basin Association, Hampton Roads Planning 25 District Commission, and the cities of Virginia Beach, Norfolk, and Chesapeake, among 26 many others, several of which obtain their drinking water from Lake Gaston, which is in 27 the Roanoke River Basin and downstream from the Virginia Uranium site; and 28 29 WHEREAS, Virginia Uranium recently filed suit in Federal Court to challenge the 30 legality of the Moratorium; and 31 32 WHEREAS, Virginia Uranium claims that the moratorium on mining was enacted 33 solely because of concerns arising from the disposal of uranium mining by-products and 34 that regulation of the disposal of uranium mining by-products has been pre-empted by 35 Federal law and that,therefore, the moratorium on uranium mining is invalid; and 36 37 WHEREAS, Virginia Uranium requests the court to order the applications for the 38 licenses and permits needed to commence mining operations to be accepted and 39 processed in the same manner as they would if those permits and licenses pertained to 40 any other mineral that may be legally mined; and 41 42 WHEREAS, Virginia Uranium's assertions are inimical to sound public policy 43 and contrary to settled principles of law, inasmuch as the several states, including 44 Virginia, clearly retain the authority to regulate uranium mining within their respective 45 borders; Resolution Page 2 46 NOW, THEREFORE, BE IT RESOLVED BY THE VIRGINIA BEACH CITY 47 COUNCIL: 48 49 That for the foregoing reasons, on behalf of the Citizens-of Virginia Beach, it is 50 respectfully requested that the Attorney General, on behalf of the Governor and other 51 officials of the Commonwealth who have been named as defendants, vigorously oppose 52 Virginia Uranium's lawsuit seeking to invalidate the Commonwealth's longstanding 53 moratorium on uranium mining in Virginia. 54 55 Adopted by the City Council of the City of Virginia Beach on the 1st day of 56 September, 2015. • APPROVED AS TO LEGAL SUFFICIENCY: L, /14 . City Attorney's Office CA13427 R-1 August 26, 2015 1 0....;. „.. t., ,,,T.., „J. .....„ 1 8 4. MEDICAID EXPANSION POSITION SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL ***Please find attached a resolution adopted by City Council*** Resolution Page 1 I 9 1 A RESOLUTION REQUESTING THAT THE GENERAL 2 ASSEMBLY AND GOVERNOR ACCEPT AND IMPLEMENT 3 THE FULL EXPANSION OF MEDICAID AS PROVIDED BY 4 THE AFFORDABLE CARE ACT 5 6 WHEREAS, the Patient Protection and Affordable Care Act ("Affordable Care 7 Act") is a 2010 federal law which, among other things,expands the availability of health 8 care through an expansion of Medicaid; 9 10 WHEREAS, as a result of the United States Supreme Court's decision in a case 11 in which it upheld the constitutionality of the Affordable Care Act, states now have the 12 option to chose whether to accept and implement the Act's Medicaid expansion; 13 14 WHEREAS, the Affordable Care Act's Medicaid expansion establishes a new 15 income eligibility criterion of 133% of the federal poverty level and provides 100% 16 federal funding for the expansion in the first three years, after which time the federal 17 funding will be reduced to no less than 90%of the cost; 18 19 WHEREAS, the projected cost to Virginia is dwarfed by the billions of federal 20 dollars which will flow into the state, and Medicaid expansion will not only provide 21 citizens with greater access to health care but will also support the state's health care 22 industry,employment,and Virginia's overall economy; 23 24 WHEREAS, although 47,775 Virginia Beach residents currently receive Medicaid 25 benefits, 51,730 additional adult City residents who are under the age of 65 remain 26 uninsured; 27 28 WHEREAS, an estimated additional 14,650 Virginia Beach residents will be 29 eligible for Medicaid expansion under the federal law, including a significant number of 30 single persons and couples with incomes between $15,415 and $20,879, as well as 31 certain families(depending on family size)with incomes up to$53,668; 32 33 WHEREAS, a significant number of uninsured Virginia Beach residents who 34 suffer from mental health or substance abuse disorders will be eligible for health care 35 coverage through Medicaid expansion; and 36 37 WHEREAS, the expansion of Medicaid will increase local employment in medical 38 services and other supportive health care industries(especially technology); 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH,VIRGINIA: 42 Resolution Page 2 704;ir I 13 43 That the City Council requests that the Governor and the General Assembly take 44 the steps necessary to accept and implement in the Commonwealth of Virginia the full 45 Medicaid expansion as provided by the Affordable Care Act. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 11 t h day of December _, 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City `4"ice City Attorney's Offic CA12482 R-2 December 5, 2012 I 11 5. INCREASED FUNDING FOR MENTAL HEALTHCARE SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: People with serious mental illness, as well as their loved ones, and people with addiction disorders and their families face a crisis when it comes to accessing services they need. Decades of neglect to the mental health system, plus an increased need from people who are uninsured, underinsured, or facing economic hardship, have exacerbated the problem. According to the Virginia Department of Behavioral Health and Development Services, almost 4,500 Virginians are waiting to receive community-based services for mental health alone, and almost 1,500 of those have waited for services longer than four months. The well-being of families and our community is seriously threatened by the failure of those in need to receive timely and effective mental healthcare... Request: The City requests that the General Assembly provide significant increases to funding for mental healthcare services beyond that provided in 2015. The City supports the Virginia Association of Community Services Board (VACSB) budget priorities for 2015-2016 and requests funding to include, but not limited to the following: • Workforce development with a focus on recruiting and retaining licensed or license-eligible staff by offering tuition reimbursement and clinical supervision financial incentives-- $3,991,000 • The VACSB Emergency Services and Substance Abuse Councils are seeking expansion of medical detoxification to improve our crisis response system for individuals with substance use dependence and ensure that resources are available for safe detoxification during a crisis episode -- $16,000,000. • Reintegration services for high-risk youth and adults to expand capacity for the purchase of community-based services and treatment to address youth and adults who are high-risk for re- hospitalization or re-offense due the severity of their behavioral health challenges -- $7,000,000 • Additional Waiver Slots: The VACSB Developmental Services Council is supporting The ARC's Waiver Waiting List Reduction Package to reduce the ID/DD Waiver waiting list by 50%. Waiver slots build capacities that will enable individuals who need developmental services and supports, including those with multiple disabilities,to live a life that is fully integrated in the community. o Fund 200 Developmental Disability Waiver slots as part of the DOJ settlement agreement in FY16 o Fund 800 Individual and Family Support Waiver slots in both FY 2017&FY 2018 *Each ID waiver slot costs approximately$45,000 a year 421 SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES I ' 6. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION (HRTAC) VOTING SPONSORED BY MAYOR WILLIAM D.SESSOMS,JR. Background Information: Currently the legislation established by the Hampton Roads Transportation Accountability Commission (HRTAC) requires that the Chief Elected Officer(CEO) of the governing body of each of the fourteen counties and cities, embraced by the commission, shall be the voting member. The Acts of Assembly state that decisions by the commission shall be by: 1) a quorum constituting a majority of the elected officials of the Commission, 2) the affirmative vote of two-thirds of the voting Members present and voting, and 3) two-thirds of the chief elected Officers of the counties and cities embraced by Planning District 23 who are present and voting and whose counties and cities include at least two-thirds of the population embraced by the Commission. Since most of the chief elected Officers (i.e. mayors, chairs of the board of supervisors) also have careers that require their attention, their elected positions are held part-time. Thus, it is reasonable that full-time employment requirements may occasionally take priority over attendance at a HRTAC meeting. Furthermore, a mayor or chair could be incapacitated for many months, and that jurisdiction would,therefore, not be represented at a HRTAC meeting and to a real extent be disenfranchised. Therefore, it is requested that the HRTAC enabling legislation be amended to allow the mayor or chair of the board of supervisors to designate another member of his council or board to cast a vote for the chief elected official on behalf of the locality at HRTAC meetings. Request: The General Assembly is requested to amend chapter 678 of the Acts of Assembly 2014 session to allow the Chief Elected Officer of a governing body of any of the fourteen counties and cities embraced by the commission, if he or she is unable to attend a meeting, to designate another council or board member to represent him or her. This designation shall be made to the chair of the Hampton Roads Transportation Accountability Commission (HRTAC) at least 48 hours before the meeting for which an alternate will be voting and such notification to the chair shall be made through writing or electronically. Such appointment of alternate shall be for only the upcoming meeting, which the Chief Elected Official is unable to attend. 7. STIPENDS FOR BIDDERS/OFFERORS IN LARGE INFRASTRUCTURE PROJECTS SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: The central premise of the Virginia Public Procurement Act (VPPA) is that increased competition provides benefits such as lower overall costs and increased quality. The City's interest in stipends is specifically keyed to two-phase procurement wherein the stipend is an incentive to keep a bidder/offeror"in the game"after the initial competitive qualification process. In the procurement context, a stipend means a payment made by a public entity to a pre-qualified offeror/bidder upon submission of a binding bid or formal proposal. The amount of the stipend can be tied to either the estimated proposal development costs or the amount of the bid/contract(e.g. AZ DOT uses 0.2% of bid amount as a cap). While not applicable in all procurement scenarios, one common requirement for payment of a stipend is that the offeror/bidder transfer title to all designs and data in its proposal. The VPPA is silent as to whether a locality may use a stipend for the purpose of promoting competition. If a project is a federal highway project, the Federal Highway Administration Regulations permit the use of stipends in certain procurements. 23 C.F.R. §636.113 provides: Stipends are recommended on large projects where there is substantial opportunity for innovation and the cost of submitting a proposal is significant. On such projects, stipends are used to: • Encourage competition; • Compensate unsuccessful offerors for a portion of the costs (usually one-third to one half of the estimated proposal development cost); and • Ensure that smaller companies are not put at a competitive disadvantage. Request: The City Council requests the General Assembly provide enabling legislation to allow a locality the option to offer a stipend for large ($50million+)procurements that utilize a two-phase procurement. Such legislation may defer to the locally adopted ordinance the methodology for calculating the stipend whether that be estimated proposal development cost,percentage of estimated bid amount, or some variation of these concepts. X15 8. GOVERNMENT ACCOUNTING STANDARDS BOARD REQUIREMENTS FOR TEACHER PENSION LIABILITY SPONSORED BY CITY COUNCIL MEMBER,ROSEMARY WILSON Background Information: The Government Accounting Standards Board (GASB) is prescribing how unfunded liabilities of cost- shared pensions should be reported. Local governments with school divisions will find themselves burdened with more than $15 billion in unfunded liability. School divisions' liabilities will officially show up on local financial statements in FY15, and on the FY14 valuation. In Virginia, teachers are employees of the school boards and send retirement contributions to the Virginia Retirement System (VRS). Under the new GASB rules, even though the state and the school board fund the contributions, the unfunded liability falls solely on the school boards. This means the liability will be shown on the city, county, or town financial statements. The Virginia Beach School Board unfunded teacher liability is $623.9 million. Projected balance sheets for Virginia Beach, after recognizing the unfunded pension liability for the City and the Schools will result in negative equity of over $800 million. There is no rationale for localities to bear full responsibility for the unfunded liability for the teacher retirement plan and have its credit rating potentially negatively impacted. The state sets standards that require a minimum number of teachers. Pensions are part and parcel of a compensation package. There is no rationale for the state not bearing a portion of the responsibility for pension costs, including recognition of unfunded liabilities. For more than 20 years, the state has chosen to fund the teacher retirement plan at rates below those recommended by the VRS Board of Trustees. At the same time, the state also expanded retirement benefits by decreasing age and service requirements, allowed for purchase of service, and required health insurance credits. Consistent underfunding, benefit increases and investment losses due to the Great Recession have pumped up the unfunded status of the teacher retirement plan. The fund has just 60.2 percent of the assets needed to pay its liabilities. Request: • The unfunded liability of the teacher retirement plan should be a responsibility shared by the state and local governments, failure to do so may result the downgrading of local credit ratings. • If local credit ratings are downgraded, it will be more expensive for localities to invest in infrastructure essential to the state, including school buildings and other public facilities. • Fully fund the actuarial rate as indicated by the VRS going forward and pay such funds directly to VRS. • The Commonwealth should pay its share of teacher retirement costs directly to VRS. This will not increase the amount the state pays for teacher retirement. „, X 16 9. COMMENCEMENT OF APPROVED JOB-RELATED DISABILITY PENSION BENEFITS OF SEPARATION SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: When an individual sustains an on-the-job injury, and ultimately cannot go back to performing the job for which he or she was hired, that individual, if vested, can apply for VRS disability benefits. Typically, the injured worker will have previously applied for and received workers' compensation benefits which provide for lifetime medical benefits and the potential for up to 500 weeks of wage loss benefits. In many cases, when an injured worker has received wage loss benefits due to a work-related injury, the injured worker sufficiently recovers in order to return to the work place in a limited duty or transitional duty capacity. By providing limited duty work to the injured worker, the City of Virginia Beach assists the injured worker in returning to the work force. Because the injured worker who returns to the work place in a limited duty capacity receives his or her regular wages, which are greater than or equal to the workers' compensation wage indemnity, the open award for wage loss benefits under workers' compensation closes. In the event that the injured worker ultimately is not able to return to the job for which he or she was hired in a full duty capacity, the City will eventually separate the employee from employment. At the time of the separation, the employee often will have applied for and been granted job-related disability retirement, but not be on an open workers compensation award. VRS takes the position that injured workers should be required to petition to reopen their workers' compensation claim and begin receiving benefits at the time of separation instead of VRS beginning to pay job-related disability pension benefits, even though the Code of Virginia allows for the separated employee to begin receiving job-related disability retirement benefits. In other words, VRS will delay payment, leaving the employee with no source of income, and thereby forcing him or her to petition anew for workers' compensation wage loss benefits. Request: In cases where the injured worker is no longer on an open wage loss award, not beginning VRS pension benefits within a reasonable period of time imposes a substantial financial burden on the injured employee and has the effect of requiring the employee to reopen his or her workers' compensation wage loss claim even though state law does not affirmatively allow VRS to require the injured employee to take such action. The City of Virginia Beach urges the General Assembly to require VRS to commence payment of approved VRS disability retirement benefits to the injured worker within 30 days of VRS approval of the job-related disability retirement request if the worker is not on an open workers' compensation award. S , 1i 10. ADOPT LEGISLATION TO CREATE A FEE SCHEDULE FOR WORKERS' COMPENSATION MEDICAL COST SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: Medical costs for work related injuries continue to rise exponentially each year according to a study by the Virginia Workers' Compensation Commission. Medical costs continue to rise unreasonably primarily because medical providers do not allow deep discounts similar to group health plans. The current wording in the Virginia Workers' Compensation Act provides for medical bills to be paid at the "going community rate". In practice, the bill that the doctor provides is considered the "going community rate" unless the employer can prove otherwise. There is no predictability in this practice because we receive drastically different billed amounts from different medical providers for the same identical service. The 2014 General Assembly failed to enact HB 946 which mandated a fee schedule for workers' compensation medical costs based on Medicare rates. Forty-four states have adopted fee schedules, 32 of which are based on Medicare. If such a fee schedule were adopted in Virginia, it is estimated to save over $50 million in state-wide work-related medical costs and would provide a much more predictable process. In FY2015, Virginia Beach spent over $8 million on medical services to injured employees. On March 23, 2015, the 2015 General Assembly adopted House Bill 1820 that requires the Virginia Workers' Compensation Commission to re-establish, by April of 2016, the number and geographic area of the communities under the prevailing community rate statute. Additionally, the Commission is to convene a work group of stakeholder representatives of employers, health care service providers, claimants, and insurers to advise and assist the Commission in reviewing various databases for medical services rendered in Virginia to establish the pecuniary liability of the employer for work related medical treatment. One example is the Virginia All-Payers Claims Database. This database was mandated by the Virginia General Assembly in 2012 and is overseen by Virginia Health Information (VHI). The VHI is an independent, non-profit 501(c)(3) organization formed to administer Virginia Health Care Data reporting initiatives to Virginians. Further, the stakeholder group and the Commission are required to make findings or recommendations as to how the databases reviewed may serve to enhance or replace Virginia's current mechanisms for establishing the cost for medical services to injured employees. Request: The City of Virginia Beach urges the General Assembly to eliminate the "going community rate" language in the Virginia Workers' Compensation Act and adopt a consistent, fair and reasonable fee schedule, similar to group health plan network rates, for all work related medical costs billed after June 30, 2016. 118 11. AMEND THE VIRGINIA CODE SECTION §42.170 TO INCREASE THE CIVIL CASE FILING FEE ASSESSED IN 1988, FROM $4.00 TO $5.00 SPONSORED BY CITY COUNCIL MEMBER,AMELIA N.ROSS-HAMMOND Background Information: The Wahab Public Law Library (WPLL) is under the governance of the Department of Public Libraries, however, all operational funding, including that for personnel, is derived not from the City's General Fund, but from civil cases filed in the Virginia Beach Circuit and General District Courts. The Circuit Court Clerk takes 5% out of each $4.00 filing fee as a commission, as provided for in §17.1-289 of the Code of Virginia, with WPLL receiving a total$3.80 per each $4.00 filing fee. WPLL ensures free access to a significant collection of current and accurate resources, specifically for the purpose of providing legal information. It is open to anyone in need of legal information for research and the practice of law in the community. WPLL has been a part of the Virginia Beach Public Library since 1971. The library is, as the name states, a Public Law Library. Our customers include citizens; employees in city and state agencies such as the City Attorney, Public Defender, Commonwealth's Attorney, Circuit Court; members of the legal profession; and students who are researching legal topics or studying legal writing and research as part of their certification or degree coursework. WPLL has evolved over the years from a small room near the Circuit Court Building in the early 1970's to the current location in the Court Support Building of the Judicial Center. The 5,000 square foot facility houses a collection of nearly 14,000 print volumes, and microform. The WPLL public computer lab features free Internet access for the public, legal research databases Lexis and Westlaw, and a microform reader printer. The WPLL staff consists of two full-time and two part- time employees. Request: The City requests the General Assembly to increase the filing fee to $5. With a$1 increase, all funding will go to support the Law Library. ** Using FY14/15 as an example, there were 66,250 civil filings and revenues totaled $265,000 ( @ $4 per fee). If the fee were $5,the revenues would have totaled $331,250. X 19 12. VOTING RIGHTS SPONSORED BY CITY COUNCIL MEMBER,AMELIA N.ROSS-HAMMOND Background Information: The right to vote is a fundamental right of every citizen of our Commonwealth and nation and it is the foundation of our democracy. Barriers to the ballot box harm our state and our nation and are inconsistent with the ideals and principles upon which our great nation and our Commonwealth were founded. Increased voter participation, on the other hand, strengthens our democracy and results in leaders who are responsive to the diverse needs of all of our citizens. Request: The City requests that the General Assembly support legislation that removes barriers to voter participation and improves the ability of all Virginia citizens to exercise their fundamental right to vote. This would include no-excuse, early voting,register and vote on same day, etc. I 20 13. SMALL BUSINESS IMPROVEMENTS SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: House Bill 2347 was introduced in the 2015 General Assembly by Delegate Scott Taylor, but was not enacted. HB2347 makes several changes to procurement laws to enhance procurement opportunities for small businesses, microbusinesses, women-owned businesses, service disabled veteran-owned businesses, and minority-owned businesses with state and local public bodies. Changes include (i) adding a definition of microbusiness to mean a business certified by the Department of Small Business and Supplier Diversity as a small business with 25 or fewer employees and average annual revenue of$3 million or less. The City of Virginia Beach has undertaken many efforts to further equal opportunity and nondiscrimination in City procurement. In 1995, the City Council created the region's first Minority Business Council (the "MBC"). The City and the MBC have worked over the years to further programs and efforts to reduce barriers in City procurement to include: • The City Council establishing a goal of 10%minority participation in City Contracts; • Debundling of City contracts to better enable small, woman-owned, and minority-owned ("SWaM") businesses to compete; • Utilization of a comprehensive database of SWaM businesses and the types of goods or services that each business provides; • Enactment of a Small Business Enhancement Program requiring contractors to utilize at least 50% SWaM businesses in subcontracting plans; • Implementation of a City Administrative Directive to require solicitations of SWaM, including minority-owned and woman-owned, vendors for City contract of less than $50,000; • Entry into a Memorandum of Understanding with the Virginia Department of Small Business and Supplier Diversity (through its predecessor, Department of Minority Business Enterprise) to develop a productive and mutually beneficial working relationship; • City Council adoption of a bond waiver program to the extent authorized by the General Assembly,which includes a prequalification process. Request: The City of Virginia Beach urges the General Assembly to adopt a small business improvement act, which would include defining micro businesses as well as removal of the prequalification process for waiving the bid bond for non-transportation projects between $100,000 and $500,000. . f 12 14. UNIFORM DISPOSITION OF UNCLAIMED PROPERTY SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: The current Virginia Code § 55-210 requires all organizations remit all unclaimed property to the state, regardless of the amount. In addition, due diligence must be performed to find the owner for unclaimed accounts in excess of $100. This process is time consuming and resource intensive for municipalities. The City of Virginia Beach spent over 250 hours researching and resolving unclaimed property in the last month. This is in addition to the time spent researching returned checks and uncashed checks during the year. Forty percent (40%) of the total number of unclaimed property accounts for the past year were under $10, but these under $10 accounts only represented three percent (3%) of the total account dollars. Request: Modify Current legislation for local government entities so that localities are able to discontinue the labor intensive process of reporting on accounts valued at$10 or less. 22 15. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: With a few exceptions such as design build and construction manager at risk, the Virginia Public Procurement Act ("VPPA") requires construction to be procured using competitive sealed bidding. The City is vigilant in its search for opportunities to make its procurement processes more inclusive for Small, Woman-owned, Minority-owned, and Service-disabled Veteran-owned businesses ("SWaM Businesses"). In looking for opportunities to grow SWaM Businesses, the City believes there is a subset of construction that would provide a crucial opportunity for growth of such businesses, and that subset is non-transportation construction valued between $500,000 and $2,000,000. Request: The City requests legislative authorization for any locality with a population in excess of 200,000 to undertake the procurement of construction through procedures consistent with those described by the VPPA for the procurement of nonprofessional services through competitive negotiation for non-transportation construction valued between $500,000 and $2,000,000. Such contract shall be awarded to the fully qualified offeror who submits an acceptable proposal determined to be the best value in response to the Request for Proposal. g-,0--.4-‘. %,K...„,„." 1,* ..,.....„ , 23 16. SOLUTION TO COASTAL FLOODING REGIONAL GREENHOUSE GAS INITIATIVE SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY Background Information: The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea Level Rise is real, and much of Virginia Beach is low and drains poorly. Storms that were small nuisances just 10-15 years ago, now caused major destruction of roadways and damage homes. The City Council has embarked on a strategy of studying the various watersheds within the City, which will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other localities in the region are doing similar efforts. This is a regional effort, which will take actions by the state, federal, and local government. It will also be a very expensive endeavor. The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and New York north, allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay below a cap that is set through the region, and these allowances are sold at quarterly auctions. The proceeds are then returned to the state for reinvestment. It's projected that roughly $200M in auction revenues through 2030 could be provided to Virginia. This could also help address the administration"Clean Power Plan". Request: The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva of Virginia Beach and Chesapeake in the 2015 Session. This would allow Virginia to join with the Northeast RGGI. This would allow us to manage cuts in carbon emission, while at the same time providing revenue to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25% of the U.S. population. They have had $1.3B in net positive economic impact, have cut pollution three times faster than non-RGGI states, and have had lower bills for power than other areas. II 4414 fl± I 24 17. THE VIRGINIA CENTER FOR HOSPITALITY EXCELLENCE SPONSORED BY CITY COUNCIL MEMBER,VICE MAYOR LOUIS R.JONES Background Information: In November 2013, the City of Virginia Beach Development Authority issued a Request for Qualifications for the development of a hotel adjacent to Tidewater Community College. Princess Anne Hospitality comprised of MEB General Contractors and Gold Key/PHR responded and were interviewed by City representatives and subsequently selected for negotiation. The RFQ and associated market feasibility study concluded the subject site could support a +/- 100-room branded, limited service hotel. Subsequently the indications for the market were for an upper-midscale; select service, 120 room hotel. This "Beyond a Hotel" project between the City of Virginia Beach and Tidewater Community College would help to provide a workforce development opportunity to expand the support of the tourism industry. Basically, this would be a "teaching hotel" that would have dedicated Tidewater Community College academic space, as well as the usual amenities for a destination hotel. The developers have committed to a private financing package commensurate with a base hotel product. Tidewater Community College is very much supportive and is anticipated to enter into a capital or operating lease for portions of the project associated with academic space and student access. The City is committed to a contribution of land, infrastructure and other potential public benefit portions of the project. A difference between the cost of a customary hotel of this size and configuration and what is needed to create the"teaching hotel" is approximately $10M. Request: General Assembly is requested to provide a workforce development opportunity by funding the $10M difference between what a normal hotel would cost, and what this new "teaching hotel" concept would provide. Tidewater Community College would be a partner as well as the tourism industry in Virginia Beach generally. All aspects of operating a hotel from HVAC maintenance, to "best in class" in check—in studies would be provided. For instance: • There will be a classroom located behind the check-in counter (monitored by cameras), and the students could learn the best practices for check-in in real time. • The restaurant that would be built as part of the hotel could partner with Tidewater Community College's culinary facility in downtown Norfolk. This facility could be used for students across the Commonwealth and help propel the tourism industry to the next level for the entire Commonwealth. I w I 25 18. FULL STATE FUNDING FOR THE COMMONWEALTH ATTORNEY'S OFFICE SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY Background Information: The Commonwealth Attorney's Office of Virginia Beach, as is common across the Commonwealth, is woefully underfunded. Our Commonwealth Attorney has identified the need for 177 additional attorneys and support staff to support the current workload. This workload has increased remarkably over the past ten years because of population growth, enhanced enforcement of various laws (i.e. driving under the influence which greatly reduces death and injury on the highways of the City and the Commonwealth), and many other needs. Also, the coming avalanche of work associated with police Body Cameras. The Body Cameras will produce a tremendous amount of body camera footage that needs to be reviewed both before and during trials by the Commonwealth Attorney's Office. The states support for the Commonwealth Attorney has declined since 2013. This has created an increase in the need for City funding for a constitutionally mandated office. Request: The General Assembly is requested to fully fund the needs of the Commonwealth Attorneys Office's across the Commonwealth. It is estimated by the Commonwealth's Attorneys Association that $9,010,764 is needed. This will begin to bring the Commonwealth's Attorney Offices up to the funding necessary to enforce the existing laws of the Commonwealth from arrest thru trial. „:94,, 2..., ‘,.. '. ( 26 19. USE OF OYSTER LEASES FOR NAVIGATION PROJECTS SPONSORED BY CITY COUNCIL MEMBERS,JAMES E.WOOD&JOHN L.UHRIN Background Information: The City has numerous rivers and tributaries which require maintenance dredging. This includes both the main channels of the Eastern and Western branches of the Lynnhaven River, and multiple navigation channels serving the multitude of neighborhoods of the fully developed watershed. Not only do these waterways provide access for homeowners to utilize their waterfront property but these navigation channels support businesses and watermen. Virtually all of the coves of the Lynnhaven were developed with navigation channels. With the support of General Assembly legislation in 2007, Special Service Districts are being created to formulate neighborhood navigation dredging projects to reclaim those navigation channels that have filled with silts and fines foreign to the Lynnhaven's past. The revitalization of these waterfront neighborhoods is a critical goal for the City of Virginia Beach and the Navigation SSD program provides a venue to accomplish this. The silts and fines which have inundated this body of water have degraded the water quality of the Lynnhaven whereby most oyster leases are unproductive and have costly restrictions and compliance measures before a harvest can be brought to market. Having navigation channels dredged contributes to the long arduous process of cleaning up the Lynnhaven. The City's requirement to maintain existing navigation channels and the emergence of the widely popular neighborhood navigation dredging program have now been placed at risk due to the 2014 legislation allowing a single oyster lease holder to retain veto power over a navigation dredging project. Under recent law the City is unable to condemn these oyster leases for channel use, and the city is unable to cross the leases in the performance of maintaining navigation channels without the express permission of the oyster lease holder. The oyster leases cost$1.50 per acre/per year, and no requirement to be actively engaged in oyster production. The City wishes to find a balance that allows the municipality and its property owners to maintain the navigation channels while providing fair treatment to active producing oyster lease holders. Request: The General Assembly is requested to amend the code of Virginia §28.2-618 §28.2-618. Commonwealth guarantees rights of renter subject to right of fishing. The Commonwealth shall guarantee to any person who has complied with ground assignment requirements the absolute right to continue to use and occupy the ground for the term of the lease, subject to: 1. Section 28.2-613; 2. Riparian rights; ..„,....4 27 3. The right of fishing in waters above the bottoms, provided (i) that no person exercising the right of fishing shall use any device which is fixed to the bottom, or which, in any way, interferes with the renter's rights or damages the bottoms, or the oysters planted thereon, and (ii) that crab pots and gill nets which are not staked to the bottom shall not be considered devices which are fixed to the bottom unless the crab pots and gill nets are used over planted oyster beds in waters of less than four feet at mean low water on the seaside of Northampton and Accomack Counties; 4. Established fishing stands, but only if the fishing stand license fee is timely received from the existing licensee of the fishing stand and no new applicant shall have priority over the oyster lease. However, a fishing stand location assigned prior to the lease of the oyster ground is a vested interest, a chattel real, and an inheritable right which may be transferred or assigned whenever the current licensee complies with all existing laws; and 5. In navigable waters that are located in the Lynnhaven River and its creeks and tributaries, the right of navigation, including dredging projects to improve, deepen or restore existing navigation channels in areas approved by the Virginia Marine Resources Commission, so long as the person dredging designs the project to minimize affecting active, producing beds and, to the extent any such beds cannot be avoided, the dredger pays the cost of relocating the oyster material that would be disturbed or pays the holder for any losses of oysters in production in an amount to be determined by the Commission. This change would allow the City to compensate for loss of use while allowing much needed projects to go forward. f f '‘,‘;.• 128 20. FREEDOM OF INFORMATION ACT: LIMITATION OF DISCRETION FOR CUSTODIAN OF CRIMINAL INVESTIGATIVE FILES INVOLVING SUICIDES SPONSORED BY CITY COUNCIL MEMBER,JOHN MOSS Background Information: The Virginia Freedom of Information Act (Va. Code §2.2-3700 et seq.) currently gives the custodian of a public body engaged in criminal law enforcement activities the discretion to release or withhold criminal investigative files, pursuant to Virginia Code §2.2-3706(A)(2)(a). Suicide investigations are criminal investigations, as the crime of suicide still exists at common law. The law enforcement agency custodian, therefore, has the discretion to release or withhold information from a file regarding a suicide investigation and the discretion to determine to whom such information shall be released. It is recognized that the adult immediate family members of alleged suicide victims have unique interests—as distinguished from victims and family members of victims of other crimes—in obtaining information about the circumstances of the victim's death. The citizens of the Commonwealth as a whole are best served in removing the custodian's discretion and requiring a public body engaged in law enforcement activities to release from the criminal investigative file requested information about a suicide victim to their adult family member. Request: The City requests that the General Assembly amend the Virginia Freedom of Information Act, Section 2.2-3706(A)(2)(a) to remove the custodian's discretion and require release upon request of the contents of the criminal investigative file involving an alleged suicide to the parents, spouse, and adult children of the deceased within sixty days unless (1) the Commonwealth's Attorney has initiated a prosecution based on the conclusion that a crime has occurred; or (2) a grand jury has issued an indictment. t� ..!, CITY OF VIRGINIA BEACH AGENDA ITEM \,......— .1 ITEM: A Resolution to Support the City's Application to the Virginia Department of Transportation for the FY 2016-17 Revenue Sharing Program MEETING DATE: October 20, 2015 • Background: The General Assembly continued the VDOT Revenue Sharing Program for FY 2016-17. The Revenue Sharing Program is intended to provide funding for immediately needed improvements or to supplement funding for existing projects. This program provides VDOT funding for a 50/50 match up to $10 Million. The Rosemont Road — Phase V (CIP 2-038) and Princess Anne Road Phase VII (CIP 2-195) projects have been identified as candidate projects for this program and $4 million and $6 million will be requested for each project respectively. Both projects are currently in the City's Capital Improvement Program. The Rosemont Road — Phase V project (CIP 2-038) will improve capacity and safety by widening Rosemont Road from two to four lanes from Lynnhaven Parkway to Dam Neck Road, a distance of approximately 1.5 miles. The total project cost estimate is approximately $17.4 Million, with $10,784,393 appropriated to date. The additional $4M of Revenue Sharing Funding combined with City funding programmed in the CIP will fully fund the project. The Princess Anne Road Phase VII project (CIP 2-195) will improve capacity and safety by widening Princess Anne Road from two to four lanes from General Booth Boulevard to Upton Drive, a distance of approximately 1.0 mile. The total project cost estimate is approximately $40.1 Million, with $24,125,750 appropriated to date. The additional $6M of Revenue Sharing Funding combined with City funding programmed in the CIP will fully fund the project. • Considerations: The Revenue Sharing Program provides that localities which fund a share equal to the matching requirement be given higher priority over other localities. The City has sufficient funds on both projects that can be used to satisfy our required match. • Public Information: Public information will be handled through the normal Council Agenda process. • Recommendations: Adopt the resolution of support for the City's application to the VDOT Revenue Sharing Program and authorize the City Manager to enter into any necessary agreements for project development and construction. • Attachments: Resolution; Maps (2) Recommended Action: Approval Submitting Department/Ageny: Public Works Engineering City Manager: k a � I 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION 3 FOR THE FY 2016-17 REVENUE SHARING PROGRAM 4 5 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 6 $10,000,000 through the Virginia Department of Transportation Fiscal Year 2016-17 7 Revenue Sharing Program; and 8 9 WHEREAS, the City's highest priority improvements that meet the eligibility for 10 funding are part of Project # 2-035 — Rosemont Road- Phase V and Project # 2-195 — 11 Princess Anne Road — Phase VII. 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the City of Virginia Beach City Council hereby supports the application to 17 the Virginia Department of Transportation for its Revenue Sharing Program to request 18 $4,000,000 for Rosemont Road- Phase V (Project # 2-038) and $6,000,000 for 19 Princess Anne Road Phase VII (Project # 2-195). 20 21 2. That the required matching funds will be provided from the allocation of local 22 funding existing within the aforementioned projects. 23 24 3. That the City Manager is hereby authorized to execute on behalf of the City of 25 Virginia Beach necessary project agreements required by VDOT in furtherance of the 26 Revenue Sharing Program, including project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. 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Apr : ,,,,,,,,, , Amid ' '' , ,';,-1,,--,„\ 40,t,,t,, e.(fi *iiiff° /1,;;Iiiiiii0,411022CZACPEPai\,444%...411411 �"��� 1 • %e LOCATION MAP 4� `N°�7ow,, 1 Princess Anne Road - Phase VII gytN CIP 2.195.000 -2l $ ' Feet g 0 500 1,000 2,000 -. ,, n•.S.,• . Service l ureau 09/29/2014 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: A Resolution to Support the City Applications to the Virginia Department of Transportation for FY 2016-17 Transportation Alternatives Program MEETING DATE: October 20, 2015 ■ Background: The Transportation Alternatives Program (TAP) was authorized in the federal transportation bill — "Moving Ahead for Progress in the 21st Century", also known as MAP-21. The program is intended to help local sponsors fund community based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical and environmental aspects of the transportation infrastructure. It focuses on providing for pedestrian facilities, bicycle facilities, community improvements, and mitigation of negative impacts of the highway system. The TAP is part of the Federal-aid Highway program. The following four (4) projects have been identified as candidates for this funding: 1. Salem Road Sidewalk — This project will provide a 5-ft wide concrete sidewalk along the east side of Salem Road from Salem Lakes Boulevard to Rock Lake Loop, a total distance of approximately 0.30 miles. The concrete sidewalk will tie in to existing sidewalks at Salem Lakes Boulevard and Rock Lake Loop. This project also includes new accessible curb ramps at the intersection of Salem Road and Salem Lakes Boulevard, piping the existing ditch, new curb and gutter and utility relocations. Right of Way would be required from one property. This project qualifies as a Safe Routes to School project. It will greatly improve safety for pedestrians and school children walking to Salem Elementary School, and provide connectivity in an area that is heavily traveled by pedestrians as evidenced by a worn path. The Total Project Cost is approximately $500,000. The City will provide the 20% match ($100,000) and request the remaining 80% ($400,000) in TAP funds. 2. West Great Neck Road Sidewalk — This project will provide a 5-ft wide concrete sidewalk along the west side of West Great Neck Road from Adam Keeling Road to the bridge over Long Creek, a total distance of approximately 0.20 miles. The concrete sidewalk will tie in to existing sidewalks at Adam Keeling Road and the bridge over Long Creek. This project also includes a retaining wall, railings, new curb and gutter, accessible curb ramps at the intersection of Adam Keeling Road and West Great Neck Road and tree removal. The concrete sidewalk will be located within the existing right-of-way. This project will greatly improve safety and provide connectivity for pedestrians traveling from Great Neck Point to Shore Drive. In addition, it provides connectivity to John B. Dey Elementary School and Great Neck Middle School along North Great Neck Road. The Total Project Cost is approximately $890,000. The City will provide the 20% match ($178,000) and request the remaining 80% ($712,000) in TAP funds. 3. Providence Road Sidewalk — This project will provide a 5-ft wide concrete sidewalk along the south side of Providence Road from Kempsville Road to the intersection of Indian Lakes Boulevard and Churchill Drive, a distance of approximately 0.60 miles. There is a worn path indicating the existing pedestrian use in this area. The sidewalk provides connectivity and will tie in to an existing sidewalk at 5153 Providence Road and an existing sidewalk at 5009 Providence Road. This project also includes piping the existing ditch, new curb and gutter, tree removal, utility relocations as well as driveway replacement. The concrete sidewalk will be located within the existing right-of-way. This project qualifies as a Safe Routes to School project and will greatly improve safety for school children traveling to Providence Elementary School and Kempsville Middle School. The Total Project Cost is approximately $955,000. The City will provide the 20% match ($191,000) and request the remaining 80% ($764,000) in TAP funds. 4. Independence Boulevard/Baxter Road Sidewalk — This project will provide a 5-ft wide concrete sidewalk along the west side of Independence Boulevard from the I- 264 East on-ramp to Baxter Road, and the north side of Baxter Road from Independence Boulevard to Alicia Drive, a total distance of approximately 0.40 miles. The concrete sidewalk will tie in to existing sidewalks at the Best Buy shopping center on Independence Boulevard and Alicia Drive on Baxter Road. This project also includes a retaining wall under the overpass of 1-264, new curb and gutter, accessible curb ramps and pedestrian crosswalks. Right-of-way acquisition will be required from the State at the 1-264 Interchange. This project will provide connectivity in an area that is clearly used by pedestrians as evidenced by a worn natural path. The Total Project Cost is approximately $1,075,000. The City will provide the 20% match ($215,000) and request the remaining 80% ($860,000) in TAP funds. • Considerations: The Transportation Alternatives Program is not a grant program, and funds are only available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. In addition, the locality must provide a 20% match. • Public Information: Public information will be handled through the normal Council Agenda process. Additionally a public hearing notice was posted in the Beacon on Sunday October 11th to provide public input on the projects discussed above. The public hearing will be held on October 20, 2015. • Recommendations: Adopt the attached resolution to support the City's Application for FY 2016-17 TAP funding. ■ Attachments: Resolution; Maps (4) Recommended Action: Approval Submitting Department/AgeLy: Public Works Engineering City Manager: �.44. Zet. 111 'w 74 .AL‘IPIJIMIow0A--.1 N ► ®® �,�� FERRELLPW W�� E 4001 isallig LVNNHAvEN SSS ® S 4411440 4it '/ft.. dolit it \_,_SITf- kR is ‘�E DR, C e� �AQUp,MPR oel 430 y ETR E DR ®_� MAI J� ., P_ � E.,' � , Salem Road Sidewalk z (<,<Z> .,. ' \_., lit _ TDR � �� PERIOD t /',,<Z<(/ Qoe t , i► i 1- , , i__. Mil /*la 1161001pVIIP191 6,/&,0'/'i 4/110,Addhp ,, -s, 0 ilklk .1® S ifikr a >,j NP , _J 1. l t i SALEM (_ ,, „_' rolio' , AES BLVp mot tr . J O jINN a- Y rn o4,„ _ , , ,. ___, N 41. _ ,ALL► . WARE=NECK:DR = ,,, Z ,i Q t ,,,s ., ti __._-7,---_ `KIWANIS CT ARCH= . __ 111 1 STARWODD v ': I.. .. ,; '�, ' LOCATION MAP sT1U ________ Salem Road Sidewalk From Salem Lakes Boulevard ..' � _ To Rock Lake Loop 1 ' Feet 0Prepared by P.W./Eng./Eng.Su o ervi.- :. --u 19/15/201�4 e ,'ire,, .. 250 500 X000 s,'sG��� W—�— E �z . EELS SD � s R G ` \ m SITE '1, z T IP S30 1 ir I. L . fes--, r i . 1 , -...- y r i \( RD e ___ �� ,, 1 Rpp,D BA �°. Z� 8 3 I - I . cc la 1 5' Concrete Sidewalk 0' ADAM'KEELING RD- , T. 111, /J L 0ODS\D - v(\10 n -1 v r .73 ,\ n .. l co, _ C. m (7)r z0. z. 0 .. z o 4 \- LOCATION MAP WEST GREAT NECK ROAD SIDEWALK Feet epare. .y P.W./Eng./Eng. " pport Services Bureau 09/25/2014 \ 0 200 400 800 v•\rAnn\Dr..i,...4..\Apr,ro \AnmKInA RAA DC\\A/ec4 nre.,f Al.nnl,DA Q.-1 .nIL\\A/AIvnL Del Ci.ivu,-IL D,.r+rni4..,..ri ‘PW111# i ROCH pOIr air -411. litrir It CL' w_�- E FAR 'KPE° IN N 41, lilt* IF 'It'll/4 i I / , ig a ilvirili • O/0" Poi,, HLRoFfvcSIT o 1.1 1*1 110 - 7 pit/ ar ,z- it ii FERRELL PW ., -.. •• j$ , � �. PIMCI lorilts J , _L , , , w -------Q i 7 4 Vitifirl4f ,8 4'0,00 U I * oaf w 1 isp■IRII4 if tpapolirtil cy ots,/f _iiiiii4:111liaiiiroivridei-nrcitell:Rioarlim:d walk ift it. * 63. gai F� lr UGiiii 4 y , pal �' L P �qM} �� _ RRo qAtopN Yit** , iiii t Wititilligjiii r SIOlit% A I N OR 0 ® I<<,CT CFR ; �,. R �. ilir 4iirt illiquir**1111 * ilillp ilitf M//� 4.110041,0 *4 O il ., glib.% Eiii 411P4P F N Ro tar i f W 4* * **It* Arill , El, i et i pi** ONG iraw[mi,1 .1.11•Iiiirirwitlikip if / 411, f - /:' Fgo, bi tit.itit ie r i rifiiftwie/0,„,..111AW ' ' 7w ir, AirWilit# S T R z ! #ti q o0, / ay, 0 , b tip 'v P 4 Irak. giff , f ' *411 * R 4P c' /it p4r4 it p,1 i lot/4 vi p Q 411)° 444 'i ::: kI 40, ��O �GSToiy ' LOCATION MAP �� �� /; c Providence Road Sidewalk Feet 0 250 500 p 9 p o e . : re: : � i 1,000 ire r��i /Ei /� �t �' 7� ]I I 1 N re , � 1 r: _ L 0 W��-- E IRGINIA BEACH LVD - -- ---- --- �' NINA DR :-... �' i PINT-A �� ( LLIsr T� 1,; LN < ��, � ' -� 0 w CARAPACE DR '. r SITE � co A w FF � p RQ� 9ti yLu 'l'«• .c,1'�ti� �o CI w c,R cFNo \G P z �� � pN ,‘, = Baxter Independence Boulevard/ Road Sidewalk v i , LNC �� •O 4_4 40 ,Q I 0° likSill tv \a k411414 / w Q �� � � ( , SOUTH BLVD l , L�. . �� DOLTON.DR 1 s J� SNZO ,Qv elk tat ,ISP )11 . 0 264 `G ��O • G 041 F CATION MAP ',� �� � � Independence Boulevard/ �' �s, Baxter Road Sidewalk 0'P Feet Prepared byP. •../Eng.Suppo services B e.. 10/2/ $ • `c 0 250 500 1,000 1 A RESOLUTION TO SUPPORT THE CITY APPLICATIONS 2 TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION 3 FOR FY 2016-17 TRANSPORTATION ALTERNATIVES 4 PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation Fiscal Year 2016-17 Transportation 8 Alternatives Program providing pedestrian and bicycle facilities; and 10 WHEREAS, the City can request 80% of the project cost, up to $1,000,000, in 11 federal pass-through funding and must provide the remaining 20% local match for each 12 project; and 13 14 WHEREAS, the City's has identified four high-priority projects as candidates for 15 this funding. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the City of Virginia Beach City Council hereby supports applications for 21 FY 2016-17 Transportation Alternatives Program, with the total cost of the projects 22 being $3,420,000, and the City requesting $2,736,000 in federal funding with the 23 following detailing the individual projects and proposed local contribution: 24 25 a. A total of $500,000 for the Salem Road Sidewalk, with $400,000 from 26 federal funds and $100,000 in local funds; 27 b. A total of $890,000 for the West Great Neck Road Sidewalk, with 28 $712,000 in federal funds and $178,000 in local funds; 29 c. A total of $955,000 for the Providence Road Sidewalk, with $764,000 30 in federal funds and $191,000 in local funds; and 31 d. A total of $1,075,000 for the Independence Boulevard/Baxter Road 32 Sidewalk, with $860,000 in federal funds and $215,000 in local funds. 33 34 2. That the required matching funds will be provided from within capital project 35 appropriations-to-date. 36 37 3. That the City Manager is hereby authorized to execute on behalf of the City of 38 Virginia Beach necessary project agreements required by VDOT in furtherance of the 39 Transportation Alternatives Program, including project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO CONTENT: AP' : •VED AS TO LEGAL SUFFICIENCY: /71 * Budget and Management Services City a or - 's •ffice CA13507/R-1/October 7, 2015 f nA n A Yo"'-' ,,,'t, f +eta+ L_ CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: A Budget Ordinance Amending the City's FY15-16 Capital Improvement Program and Operating Budget Regarding Light Rail and Establishing a Structural Deficit Mitigation Account MEETING DATE: October 20, 2015 • Background: On May 12, 2015, City Council adopted the City's FY15-16 Capital Improvement Program and Operating Budget. The adopted Capital Improvement Program includes a $17.5 million appropriation for Light Rail Extension CIP 2-092 and a $2.5 million appropriation for the Light Rail Corridor Shared Use Path CIP 2-108, for a total of $20 million. $5 million of that amount was intended for the purchase of light rail vehicles. Subsequent to Council's approval of the budget, Commonwealth Secretary of Transportation Aubrey Lane announced that the State would pay the full cost of purchasing the vehicles. Notwithstanding the CIP appropriations, City Council has not yet made a decision on whether to proceed with light rail. • Considerations: This ordinance will eliminate the current fiscal year appropriation, with the exception of encumbrances for engineering design services, to the Light Rail Extension Project and the Light Rail Corridor Shared Use Path Project. The funding source for those appropriations is split evenly between the City and the State, and as described above, the State will pay the full cost of the vehicles in the current fiscal year. The City Manager announced on September 29, 2015, a hiring freeze in anticipation of a projected $33 shortfall in FY16-17 budget. In preparation for the shortfall, the ordinance will establish a Structural Mitigation Account in the City's Financial System and transfer $10 million of funds that were reserved in the Multimodal Transportation Special Revenue Fund. This $10 million will be available to offset a portion of the projected shortfall. • Public Information: Public notice of this item and a public hearing was provided in the October 11, 2015 edition of The Beacon. Information will also be provided through the normal Council agenda process. The public hearing will be held on October 20, 2015, prior to Council's vote on the item. • Attachments: Ordinance Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 A BUDGET ORDINANCE AMENDING THE CITY'S FY15-16 2 CAPITAL IMPROVEMENT PROGRAM AND OPERATING 3 BUDGET REGARDING LIGHT RAIL AND ESTABLISHING 4 A STRUCTURAL DEFICIT MITIGATION ACCOUNT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That the Light Rail Extension CIP 2-092 for FY15-16 shall be reduced 10 from $17.5 million to $112,735, and the Light Rail Corridor Shared Use Path CIP 2-108 11 shall be reduced from $2.5 million to $569,790, with a corresponding reduction in City 12 debt and state revenue. 13 14 2. That a new account is hereby established in the City's Financial System 15 entitled, "Structural Deficit Mitigation Account." 16 17 3. That $10 million from the Multimodal Transportation Special Revenue 18 Fund in the FY15-16 Operating Budget is hereby transferred to the Structural Deficit 19 Mitigation Account to be reserved to offset a portion of the anticipated $33 million FY16- 20 17 shortfall. 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 LEGAL SUFFICIENCY: • ey' Office CA13493 R-4 October 8, 2015 [ ,r 'k' t 'i. '°sr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring City-owned Property in Excess of the City's Needs and Authorizing Conveyance of Same to the African American Cultural Center, Inc. Upon Satisfaction of Certain Requirements, and 2) Authorizing the City Manager to Execute a Non-Binding Memorandum of Understanding Between the City of Virginia Beach and the African American Cultural Center, Inc. MEETING DATE: October 20, 2015 ■ Background: The African American Cultural Center, Inc., a Virginia non-stock corporation (the "AACC"), plans to build and develop an African American Cultural Center including a museum gallery, rotunda hall and multi-purpose classrooms (the "Cultural Center"), together with outdoor event space and walking trails. The Cultural Center would provide a place for residents and tourists to learn about African-American culture and history, as well as serve as another tourist destination in the City of Virginia Beach (the "City"). The City owns 4.8+!- acres of property located at 704 Hampshire Lane near the intersection of Newtown and Diamond Springs Roads (GPINs: 1468-42-1766 and 1468- 32-9552) (the "Property"). The AACC has approached the City about dedicating the Property for the site of the Cultural Center. The Property is currently the site of Lake Edward Park, a densely treed area, unimproved except for 3 basketball courts to be rehabilitated or relocated on the Property as part of the site planning process. The Property is zoned B-2, which allows a museum and cultural center as a permitted use, so no rezoning would be required. City staff and the AACC have developed a non-binding Memorandum of Understanding (the "MOU") to memorialize the basic duties and obligations of each party. The City would dedicate the Property to the AACC for the sole purpose of constructing and developing the Cultural Center. All costs and expenses associated with development, construction, operation, and maintenance of the Cultural Center would be the sole responsibility of the AACC. The City would retain and maintain a public easement over the Property (excluding the buildings and improvements owned by the AACC) for the use and enjoyment of the general public. • Considerations: Conveyance of the Property would be subject to the AACC's ability to meet certain terms and conditions, which would include sufficient financing to build and develop the Cultural Center and a fundraising plan for ongoing sustainability, to the satisfaction of the City Manager. In the event the AACC would be unable to meet the conditions or its ongoing obligations, the Property would revert back to the City. A summary of the MOU is attached to the Ordinance. Because the Property has been put to a public use as a park, this action requires a supermajority vote. • Public Information: A public hearing was advertised in The Virginian-Pilot on September 27, 2015 and October 11, 2015. Advertisement of City Council Agenda. • Attachments: Ordinance Summary of Terms Disclosure Statement Form Location Map Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area O '` City Manager: k 1 1 AN ORDINANCE 1) DECLARING CITY-OWNED 2 PROPERTY IN EXCESS OF THE CITY'S NEEDS AND 3 AUTHORIZING CONVEYANCE OF SAME TO THE 4 AFRICAN AMERICAN CULTURAL CENTER, INC. UPON 5 SATISFACTION OF CERTAIN REQUIREMENTS, AND 2) 6 AUTHORIZING THE CITY MANAGER TO EXECUTE A 7 NON-BINDING MEMORANDUM OF UNDERSTANDING 8 BETWEEN THE CITY OF VIRGINIA BEACH AND THE 9 AFRICAN AMERICAN CULTURAL CENTER, INC. 10 11 WHEREAS, the African American Cultural Center, Inc., a Virginia non-stock 12 corporation (the "AACC") plans to build and develop an African American Cultural 13 Center (the "Cultural Center"); 14 15 WHEREAS, the Cultural Center would provide a place for residents and tourists 16 to learn about African-American culture and history, as well as serve as another tourist 17 destination in the City of Virginia Beach (the "City"); 18 19 WHEREAS, the City owns 4.8+/- acres of property located at 704 Hampshire 20 Lane (GPINs: 1468-42-1766 and 1468-32-9552) (the "Property"); 21 22 WHEREAS, the Property is currently the site of Lake Edward Park, a densely 23 treed site that is unimproved except for several basketball courts; 24 25 WHEREAS, the AACC has approached the City about dedicating the Property for 26 the site of the Cultural Center; 27 28 WHEREAS, City staff and representatives of the AACC have developed a 29 Memorandum of Understanding ("MOU") setting forth the duties and obligations of each 30 party; 31 32 WHEREAS, the City would retain a public easement over the Property (excluding 33 the improvements owned by the AACC) for the benefit of the general public; and 34 35 WHEREAS, the document conveying the Property to the AACC would contain a 36 provision wherein the Property would revert back to the City if the AACC is unable to 37 meet certain terms and conditions. 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. That the City-owned property consisting of 4.8+/- acres (GPINs: 1468-42- 43 1766 and 1468-32-9552) (the "Property") is hereby declared to be in excess of the 44 needs of the City of Virginia Beach. 45 2. That City Council authorizes the conveyance of the Property to the African 46 American Cultural Center, Inc. ("AACC"), so long as certain terms and conditions, as set 47 forth in the Summary of Terms, attached hereto as Exhibit A and made a part hereof, 48 have been met by the AACC. 49 50 3. That the City Manager, or his designee, is hereby authorized to execute 51 the Memorandum of Understanding, and any and all other documents pertaining to the 52 AACC that are necessary to complete the transaction contemplated herein, including 53 but not limited to a Deed of Dedication and Development Agreement, so long as the 54 documents are consistent with the Summary of Terms and contain such terms, 55 conditions and modifications as may be acceptable to the City Manager and in a form 56 deemed satisfactory by the City Attorney. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia on the day 59 of , 2015. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL Approved as to Content: Approved as to Legal Sufficiency: 04 ill I /A.4 LIN a 14.;177 *,f cl4/4) ra egic Gr• Area Offi• City Attorneys Office CA13447 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D002\P006\00033911.DOC R-1 October 8, 2015 2 EXHIBIT A SUMMARY OF TERMS Non-Binding Memorandum of Understanding ("MOU") Between the City of Virginia Beach and the African American Cultural Center, Inc. Parties: City of Virginia Beach (the "City") and the African American Cultural Center, Inc., a Virginia non-stock, non-profit Corporation ("AACC") Property: 4.8+/- acres of City-owned property, located at 704 Hampshire Lane near the intersection of Newtown and Diamond Springs Roads (GPINs: 1468-42-1766 and 1468-32-9552) Purpose: Outline the general terms and conditions of the proposed conveyance of the Property to AACC for the construction and development of an African American Cultural Center (the "Cultural Center") Rights and Responsibilities of the AACC: • Accept the conveyance of the Property, upon satisfaction of the terms and conditions set forth in the MOU, for the sole purpose of operating the Cultural Center. • Bear all costs associated with design, development, construction, operation and maintenance of the Cultural Center, which will consist of an approximate 25,000 sq. ft. building, including a museum, rotunda hall and multipurpose classrooms. • Preserve reasonable amounts of open space and existing trees in the development of the Property, and include outdoor event space and walking trails. • Obtain all necessary permits and approvals to be in compliance with any applicable building, zoning and environmental laws and regulations. • Engage in fund-raising efforts to fund construction costs, operating expenses and ongoing maintenance of the Cultural Center. • Operate the Cultural Center in a manner compatible with the adjacent and nearby City recreation center and schools. • Coordinate with City's Parks & Recreation Department and Virginia Beach Public Schools to determine the Cultural Center programs, promotional planning, and curriculum. Page 1 of 3 • Commence construction of the Cultural Center improvements within five (5) years after full execution of this MOU, and complete construction within seven (7) years after full execution of this MOU. • Include a City representative as an ex officio non-voting member of the AACC Executive Board of Directors. • Provide all insurance that may be necessary for the protection of the Cultural Center and the Property, all improvements and invitees. • Pay all taxes, if any, associated with operation of the Cultural Center and the Property. Rights and Responsibilities of the City: • Convey the Property to AACC, for the sole purpose of constructing and operating the Cultural Center, upon the AACC's demonstration of its ability to meet certain conditions to be specified in the Development Agreement ("Conditions") to the satisfaction of the City Manager. Require Conditions that include, but not be limited to: (i) submittal of a pro forma and/or operating plan, outlining the provisions for development and sustainability of the Cultural Center; (ii) provide to City proof of adequate capital funding to build and operate the Cultural Center, including bona fide pledges, donations, and loan commitment(s) from an authorized bank, lending institution and/or other verifiable funding sources. • Include a reverter provision in the deed of conveyance whereby the Property will revert to the City in the event of nonperformance by AACC of the covenants and warranties to be made by AACC in the Development Agreement. • Retain and maintain a public easement over the Property, excluding any buildings and improvements owned by AACC, for the use and enjoyment of the general public. • Rehabilitate or relocate the existing basketball courts, as determined during the site planning process. • Collaborate with AACC's Executive Board and Community Board, as requested by AACC, to provide preliminary design and site concepts for the development of the Cultural Center through the Departments of Parks and Recreation and Economic Development. Page 2 of 3 • Provide a survey or exhibit sufficient to identify the Property. • Collaborate with AACC, as requested by AACC, regarding programming, curriculum and promotion of the Cultural Center and furthering the mutually compatible joint use of the Cultural Center. Reciprocal Provisions: • The City and AACC will work together in good faith to negotiate and enter into a binding agreement that will outline the specific duties and obligations of the parties based on the MOU (the "Development Agreement"). • The City and AACC will be acting in an individual capacity and not as agents, employees, partners or joint venturers, or associates of one another. • Neither party shall have any liability with respect to any financial obligations incurred by the other party. • Either party may terminate the MOU for cause by giving thirty (30) days' written notice to the other party specifying the breach or default. Page 3 of 3 .r., ' 1` �r✓a Vtl;gfni:a Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 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 I 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). O APPLICANT NOTIFIED OF HEARING DATE ❑ NO CHANGES AS OF DATE REVISIONS SUBMITTED DATE "TMM 'cam ':',--47,;;;;'''77;,7*-7-,-,z,. ; 7,-;7:4::::::;:::;:-27:::0.4$;,,,,,-,, `" 5 .N 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) br. T/inei V . Roflojrimo,iJ C.5_62— ftct.P ti 41 P (B) List the businesses that have a parent-subsidiary / or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) IV A See next page for information pertaining to footnotes/ and 2 4 a 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. O 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. ' :.k :z 'rkr. a ,, , : �.r ,,. * 'Pit-4rt„ i ; V 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. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities: See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) D lg. Accounting and/or preparer of your tax return El E' Architect/Landscape Architect/ Land Planner ❑ / Contract Purchaser(if other than �v the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ El/ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) El [ ' onstruction Contractors 0 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. " d r"' .'i`" .' a` #' F 'tut 7. 4 a cow ViirgiI i8 Beach Financing (include current ❑ rte/ mortgage holders and lenders uu selected or being considered to provide financing for acquisition or construction of the property) ❑ 131 Legal Services D Real Estate Brokers /Agents for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 12( 1:1 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? a rs,' &grit_ • ?«-I rs is a. Volwiteer' rosd'zont' a.ndno m 0netAry C-vnpe_a .ni is pa-tet b AA C.C. r br. f�©55-j{gmmo4'sp 0sifit; as-Pro e.( bt6 r or an ant ef Vdlu► +ue.r' Fos LI-f-LONL, 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. P lei!i4 Pss-l ammon� t g1 I5' APPLICANTS SIGNATURE PRINT NAME sbAtE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to Inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. AFRICAN AMERICAN CULTURAL CENTER, INC. Officers President—Addie Wright Thomason 1St Vice President—Dr. Linda Bright 2nd Vice President—Bruce Williams Secretary—Cheryl Davidson Treasurer—Dr. Michael Daniels 1St Parliamentarian—Kevin Duffan 2nd Parliamentarian—W. Marcus Scriven Executive Board Dr. Amelia Ross-Hammond, (Project Director) Council Member Jim Banks, Retired Mortgage Broker Dr. Linda Bright,Pres./CEO Health Care Services of Hampton Roads, Inc. Wanda Cooper,Attorney, Cooper Law Firm, P. C. Dr. Michael Daniels,Pastor, Enoch Baptist Church Cheryl Davidson,Mortgage Analyst, Towne Bank Mortgage Kevin Duffan,Attorney, Shapiro, Appleton and Duffan Hugh Greene, Financial Advisor Shannon Kendrick,Regional Director, Congressman Scott Rigell W. Marcus Scriven, Esq., Scriven Law Offices Addie Wright Thomason,Pres./CEO, Virginia Beach Community Development Corp. Bruce Williams, Pres./CEO, A. Bruce Williams and Assoc. Honorary Board Members & Advisors Honorary Board Members Mr. E.L. Hamm,Pres./CEO E.L. Hamm and Associates, Management, Engineering Consultant Mr. Gary McCollum, Business owner and former V.P.for Cox Communications, Inc. Bruce Smith,NFL Hall of Fame Hon. Louisa Strayhorn, Director of FOHTA (From One Hand to An OTHER) Pharrell Williams Foundation Legal Advisors and Special friends of the African American Cultural Center Mr. Morris Fine, Fine, Fine, Legum and McCracken, LLP Mr. Guy Tower,Retired Attorney Mr. Lewis Webb III and Mr. David Kamer,Kaufman and Canoles P.C. AFRICAN AMERICAN CULTURAL CENTER- continued Community Advisory Board Tony Bailey,Representative from Lake Edwards Civic League Reverend E. Ray Cox,Pastor, Interdenominational Churches Jerry Jennifer Estes,Historian Michelle Gilliam,Executive Director, Ella Fitzgerald Theater and Downing/Gross Cultural Arts Center(Newport News) Debra Grant,Representative from Lake Edwards Civic League Edna Hendricks,Author of African Americans in Princess Anne Andrew Jackson, Chair, African American Leadership Forum and Seatack Civic League Sandra Smith Jones, Former School Board member Bishop Rudolph B. Lewis,Pastor, New Light Community Church Becky Livas,Jazz Artist Steve Mansfield,Retired Historian Tenon Rodgers, Pastor, Ebenezer Baptist Church Donna Speller Turner, Consultant/Strategic Planner Juan Turnes,Director African American Culture of Excellence Barbara Williams, Graduate of Union Kempsville High School Rudolph Wilson,Professor, Political Science, Norfolk State University Carl Wright,President, Virginia Beach NAACP Representative from Virginia Wesleyan College Georgia Allen,Education Chair, Virginia Beach NAACP Venus Marshall, Chair African American Political Action Committee Margie Coefield,Retire Teacher, Graduate, Union Kempsville High School Lucynthia Rawls, Retired Norfolk Police Dept., Member New Light Historic Black Neighborhood Ron Taylor,President, Hampton Roads Black Caucus \1 ,s 4" , \ - ----' '' -- - 4 / ) - , _.------ ..) .4....,-- —,- _ , --- it -... j -444 ...... 0 \ ..,. 0 > - i IOW /),7`. 13 IGN• ..„ •• .$. tr* 4, crl i ow e > N 1, n 6 (DU v, Le 1 --, ..... 1,,, ca, ...o *, r Z , CI ...4...4... .1.11 .,- , m t -0 0 0 > 5; cl 7J > X X m rri 1 0 i k ./34 I 0 Z g \ 41014.1 4e4t,(4, > /./_.., 1:1 ritt .fr 44 1; G) 13 — -2 Z 0 1_1 lit.) al • 00 00 1 t 0 4=1 .1 4:fr I rs4 I > , -, ...J CD ot) vi cri 1 / ,... ./.. 126 i , It 11,_ ' / I / 1;1'"?",„ "•:>• - GAS LIGHT LAI ./Z. I __ 44,4,,, / \ I ) 1.- 7 GNU BFy1 S ty� ,. x+77 ,3 I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring a Portion of City-Owned Property Located at 2750 Elbow Road in Excess of the City's Needs and Authorizing the City Manager to Dedicate the Property to the City of Chesapeake for Road Improvements MEETING DATE: October 20, 2015 • Background: The City of Virginia Beach (the "City") owns a parcel of land located at 2750 Elbow Road in the City of Chesapeake ("Chesapeake") containing approximately 384 acres, and known as the Stumpy Lake property (the "Property"). The only improvement on the Property is a wooden guardrail along Elbow Road. Chesapeake is undertaking ditch and road improvements along Elbow Road known as the Elbow Road Ditch and Shoulder Improvements Project (the "Project"). The Project includes increasing the width of the roadway and shoulder along a sharp curve for public safety purposes. Chesapeake needs to acquire 4,202 sq. ft. (0.097 acre) of the Property for right-of-way improvements and 288 sq. ft. (0.007 acre) of the Property for a temporary construction easement for the Project. • Considerations: The Project will improve the safety of the general public. City staff recommends dedicating the proposed right-of-way and easement areas needed for the Project to Chesapeake. • Public Information: A public hearing for the proposed dedication of City- property was advertised on October 11, 2015 in The Virginian-Pilot. Advertisement of City Council Agenda. • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by City Council. • Recommendations: Declare the proposed right-of-way area and temporary construction easement excess and authorize the City Manager to execute all necessary document to convey said portions of the Property to Chesapeake. • Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate CP) f ,4- City Manager`i'I I k b 1 AN ORDINANCE DECLARING A PORTION 2 OF CITY-OWNED PROPERTY LOCATED AT 3 2750 ELBOW ROAD IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE 5 CITY MANAGER TO DEDICATE THE 6 PROPERTY TO THE CITY OF CHESAPEAKE 7 FOR ROAD IMPROVEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land located 10 at 2750 Elbow Road in the City of Chesapeake ("Chesapeake") containing 11 approximately 384 acres, and known as the Stumpy Lake property (the "Property"); 12 13 WHEREAS, Chesapeake has undertaken a ditch and road improvement project 14 known as the Elbow Road Ditch and Shoulder Improvements Project (the "Project"); 15 16 WHEREAS, Chesapeake needs to acquire a 4,202 sq. ft. portion of the Property 17 for right-of-way improvements and 288 sq. ft. of the Property for a temporary 18 construction easement in connection with the Project; and 19 20 WHEREAS, because the Project will improve the safety of the general public, the 21 City Council finds that it is in the best interest of the City to dedicate the necessary right 22 of way and easement areas to Chesapeake for the Project. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. That 4,202 sq. ft. for right-of-way and 288 sq. ft. for a temporary 28 construction easement of City-owned property are hereby declared to be in excess of the 29 needs of the City of Virginia Beach. 30 31 2. That City Council authorizes the dedication of 4,202 sq. ft. of property for 32 right-of-way improvements, together with 288 sq. ft. of property for a temporary 33 construction easement, as shown on Exhibit A, attached hereto and made a part hereof, 34 to the City of Chesapeake. 35 36 3. That the City Manager, or his designee, is hereby authorized to execute 37 any and all documents necessary to complete the conveyance of said property, so long 38 as the documents are in substantial conformity with the Summary of Terms attached 39 hereto as Exhibit B, and made a part hereof, and such other terms, conditions or 40 modifications as may be acceptable to the City Manager and in a form deemed 41 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: APPROVED AS TO LEGAL SUFFICIENCY: 1-11a-r/L u4/4"-toiro Public Works/ Real Estatei D1, City Attorney CA13453 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D004\P017\00114016.DOC R-1 October 8, 2015 EXHIBIT B SUMMARY OF TERMS Declare Excess and Dedicate City-Owned Property to the City of Chesapeake Grantor: City of Virginia Beach (the "City") Grantee: City of Chesapeake ("Chesapeake") Project: Chesapeake's Elbow Road Ditch & Shoulder Improvements Property to be Dedicated: Portion of 2750 Elbow Road, Chesapeake, Virginia, consisting of 4,202 sq. ft. (0.097 acre)for right-of-way and 288 sq. ft. (0.007 acre) for a temporary construction easement ("Excess Property") • The City will dedicate the Excess Property to Chesapeake for purposes of constructing the Project. • Chesapeake will replace the existing wooden guardrail along Elbow Road installed pursuant to the Mutual Right of Entry Agreement dated September 19, 2012, to substantially the same condition as existed prior to the Project. • Chesapeake will restore the temporary construction easement area to substantially the same condition as prior to the Project. • The temporary construction easement will terminate when Chesapeake completes construction of the Project. 1 1 li ) fe i il , z .. .,,e . , ., 0, 14. .„ , , -•.'1. li ,,. N. .• kiligi t';ii ; • i, • 4,-' .„ -_,.. ,s, I , „...,,,,t*;t4, -,....,, 0 IEV-t et ' „.-, . . 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Y. ; c., 'MT •Icir4in i j„,_ • e'l --,,,,.44i I • "(.., N, ....,.... 44 '47 c ......,..440P k ,ir \• ' :* . o 474 ztra.„,,, %: 4ss\iYt.'• t .vw.tie- 3 \, I. 4.... 4.- 0 0 I 4 cl I go E di 1 r al, .e• .,.. 140, , ,-.1 - P ''''' i ''1 4 1 *'Ve."''''1/4. •4 4 ci.) IV Y v....". ii• IA rP t-gti •-; rigt ,- , ..• 0 0 Iv: - i i • .' , -- .....e, . ' ' ,, '1, i 0 2 , ji f •••ctri # ', tr 1 / g 114•:',, "1 14) t? .rt 1 , „5„. „,.., .,.„, . ,....•. -TY ;:j V 1 II II 3: 3 iv': 34 :1••', g ;, ,-- Q .i •,, I ,•- •,--' % 1 Z r • A ,, ,4 kr. 1 .44 A ...•ii-;. ro;•• 4, ....,, t 0 .• El 1,5 • ••• _ i L ';.to t91,0,1f...i gP'nt.41,,'*'11 i 1-14'41^• riil%3,'4,4,i4 1 1.,1I: .i1,.„l,...,gc-*, e'.-4-)•-:.1 3,i•, f•4'l,,:('4.„,ar1;c,' t4ti/ I 't 1i II st tce ' - ; -.' '4--1.1 -iS• 'et A --*1 ....tf: s,, ' _..-co.4 4 tt ,p, , ,,vF• hv 44'" r /' Da i ' "1,,' ' '44 X '.+' -"6 '.4t 1 e f:1,0A .7.1-0 • I al ' .. . „. • .. , i 'Y115 :01 ag yz. •,,,: ...,, ,- i,. ,,,„-, ifs I ,_ 0 Ca r •-) I .1.4 il 13/ it.$.1 ,,04 1,„."'ZiD ;..: 14 p e• S CI ,e.-' 1.., ti 1 14 4 Fj" '..k•-) 1"..714, 1::;: 14:1`'44% oley 2:2 11 1,1;4 e et, , A __.......... _ ,........_ _____ '1 . 1 I IV '---1-V.,, CITY OF VIRGINIA BEACH AGENDA ITEM „J ITEM: A Resolution Appointing Kathleen A. Keffer to the Position of Assistant City Attorney MEETING DATE: October 20, 2015 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This Resolution appoints Kathleen A. Keffer as an Assistant City Attorney, effective October 22, 2015. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney`M' City Manager: 1 A RESOLUTION APPOINTING KATHLEEN A. KEFFER TO 2 THE POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to§2-166 of the City Code, Kathleen A. Keffer is hereby appointed to 8 the position of Assistant City Attorney, effective October 22, 2015. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2015. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: V\I.,A,_ 'J =1 City Attorney's Office CA13510 R-1 October 12, 2015 I freA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Right- of-Way Known as River Court Adjacent to 1700 River Court by George P. Lyon, Jr. and Joyce P. Lyon MEETING DATE: October 20, 2015 • Background: George P. Lyon, Jr. and Joyce P. Lyon have requested permission to encroach into a portion of the City's right-of-way known as River Court, located adjacent to their property at 1700 River Court. The purpose of this encroachment is to allow for existing and/or the installation of pavers, landscaping, an irrigation system, columns, gates, and aluminum fencing with an associated electrical system. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Advertisement of City Council Agenda. • Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by City Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Plat, Agreement, Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate PA City Manager:L- I I 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO A PORTION OF CITY 3 RIGHT-OF-WAY KNOWN AS RIVER COURT 4 ADJACENT TO 1700 RIVER COURT BY 5 GEORGE P. LYON, JR. AND JOYCE P. LYON 6 7 WHEREAS, George P. Lyon, Jr. and Joyce P. Lyon desire to encroach into a 8 portion of the City's right-of-way known as River Court, adjacent to their property 9 located at 1700 River Court, to allow for existing and/or the installation of pavers, 10 landscaping, an irrigation system, columns, gates and aluminum fencing with an 11 associated electrical system (the "Temporary Encroachments"); 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 15 City's right-of-way subject to such terms and conditions as Council may prescribe. 16 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, George P. Lyon, Jr. and 22 Joyce P. Lyon, their heirs, assigns and successors in title, are authorized to install and 23 maintain the Temporary Encroachments in the City's right-of-way as shown on the map 24 marked "Exhibit A" and entitled "ENCROACHMENT AGREEMENT LOT 'Y', 25 RESUBDIVISION OF A PARCEL DESIGNATED AS "1.2 +/- AC." AS SHOWN ON 26 PLAT ENTITLED "PROPERTY OF EMMA F. BRAITHWAITE" (M.B. 54, PG. 12) AND 27 "SITE B, 1.9 +/- Ac." AS SHOWN ON PLAT ENTITLED "PROPERTY OF BRECK- 28 EGGLESTON & BRAITHWAITE" (M.B. 27, PG. 51) MAP BOOK 278, PAGE 53", Scale 29 1"=20', dated October 12, 2015 prepared by American Engineering Associates — 30 Southeast, P.A., a copy of which is attached hereto and incorporated herein; 31 32 BE IT FURTHER ORDAINED, that the Temporary Encroachments are expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and George P. Lyon, Jr. and Joyce P. Lyon (the "Agreement"), an 35 unexecuted copy of which has been presented to the Council in its agenda, and 36 subsequent to execution will be recorded among the records of the Clerk's Office of the 37 Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as George P. Lyon, Jr. and Joyce P. Lyon and the City Manager or his authorized 44 designee execute the Agreement. 45 i I 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: • Lua4 q. whai- P BLIC WORKS`REAL ESTATE CITY ATTORNEY I 0112-‘15 CA13450 R-1 October 12, 2015 L, W C E 0 co 4 -{.1 -- rA >, I a) ...i o ++ .a- _--- ca a V v O V U i O >> O 06 a 0 Q L a : a.- O Z Ce O g CO• J C a Q M 3 N ti I. C °') a) O Y O Li_ 0 a cm a co %-• co) v `1 Q "' L Tr X t C {.. a) 1 00 _ a z4 3 1 hi !� Al‘ I—C >I gcr N o OJO Od c- 0 (� 1 1 - L. �\ 0 0iiii1 / +r O Q O b al U O i E _ i C O O E N- == u O = L u) ✓ W O • Q N WO T! O COCC D N = CO N U_ z N CO <1.P Ct m CI; L. m c 111 W LW d vJ N / m a a O} 9tr. �f i_ty of Virgina Beach A, a i ,_ OUR N,,,,o VBgov.com OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)-385-4242 BUILDING 1 FAX(757)427-5626 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9001 INTER-OFFICE MEMORANDUM DATE: October 14, 2015 TO: James K. Spore City Manager FROM: David L. Hanse �e Deputy City M.nal e SUBJECT: Encroachment application for 1700 River Court - George and Joy Lyon On September 30 following the removal of fencing and landscaping in the public right-of- way in front of 1700 River Court, the Public Schools division provided a small school bus to perform a test to determine whether the space created, in accordance with the encroachment application, would create sufficient space to allow the bus to perform a three-point turn around. I am happy to report the test was successful. Subsequent to the test, Public Works has replaced the flower gardens with asphalt pavement and Public Schools has resumed bus service to the end of River Court. Multiply videos of the turnaround test were taken should City Council want to view them during their review of the encroachment application scheduled for October 20. The Lyon's encroachment application represents a compromise. Providing a three-point run around allows better ingress and egress from the dead end road. It also does not require the Lyons to remove their stone columns and electric gates, which have been in place since their house was built in 2012. Staff and I have determined that reclaiming the full outline of the cul-de-sac is not necessary as it is not large enough to provide turnaround space for fire engines and waste collections vehicles. After many months of interacting with the neighbors on River Court, I believe that the encroachment application is a good solution to the issues which were recently brought to our attention. The Lyons have been extremely cooperative and have worked diligently to remove obstructions to allow the school bus test to occur in advance of the Council's review of the encroachment application. DLH:pam I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 12th day of October, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GEORGE P. LYON, JR. AND JOYCE P. LYON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT Y"; as shown on that certain plat entitled: "RESUBDIVISION OF A PARCEL DESIGNATED AS "1.2± Ac." AS SHOWN ON PLAT ENTITLED "PROPERTY OF EMMA F. BRAITHWAITE" (M.B. 54, Pg. 12) and "SITE B, 1.9± Ac." AS SHOWN ON PLAT ENTITLED "PROPERTY OF BRECK-EGGLESTON & BRAITHWAITE" (M.B. 27, Pg. 51) VIRGINIA BEACH, VIRGINIA", Scale: 1' = 40', dated: June 9, 1999, prepared by Lee S. Rood, P.C., said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 278, at Pages 53 and 54, and being further designated, known, and described as 1700 River Court, Virginia Beach, Virginia 23454; GPIN: (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) GPIN 1499-40-4232; (1700 River Court) WHEREAS, it is proposed by the Grantee to construct and maintain pavers, landscaping and fencing with an associated electrical system and maintain existing landscaping, columns, gates, fencing and an irrigation system, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as River Court, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT AGREEMENT LOT 'Y', RESUBDIVISION OF A PARCEL DESIGNATED AS "1.2 +/- AC." AS SHOWN ON PLAT ENTITLED "PROPERTY OF EMMA F. BRAITHWAITE" (M.B. 54, PG. 12) AND "SITE B, 1.9 +/- Ac." AS SHOWN ON PLAT ENTITLED "PROPERTY OF BRECK-EGGLESTON & BRAITHWAITE" (M.B. 27, PG. 51) MAP BOOK 278, PAGE 53", Scale 1"=20', dated October 12, 2015 prepared by American Engineering Associates — Southeast, P.A.," a copy of which is attached 2 hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required 4 by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, GEORGE P. LYON, JR. and JOYCE P. LYON, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 L• By GE Fi P. LYON, JR., wfler- B �-�,`� / J• ". LYON, Omer STATE OF VIRGINIA CITY/W{ W OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 12 th day of October , 2015, by GEORGE P. LYON, JR. "4-44/ V6410(SEAL) Notary Public "S I....... ���rY� � Notary Registration Number: 192628 Np 201 My Commission Expires: August 31 , 2018 N•b,/BLIC .•• STATE OF VIRGINIA CITY/GKOF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 12th day of October , 2015, by JOYCE P. LYON. /I// )- e( M(SEAL) Notary Public Notary Registration Number: 192628 •.••P ,j, ., _'%00*MOp4'0 My Commission Expires: August 31 , 2018 :Qr p 0441/ ifok 7 ‘41,4Z•pusoC. I I APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM .( A?caLkaaD135,13-(Asit\b Luaa quiii,/-60i) SIGNATURE CITY ATTORNEY oA S&5 PUBLIC WORKS/ REAL ESTATE DEPARTMENT/ DIVISION 8 1 I 0 20 40 60 1 NOW OR FORMERLY t' 1 GRIFFIN "' I 1717 RIVER COURT a I GPIN 1499-40-5540-0000 / R 1 N 1 --k' � 1 01 tom I w ,..,. x) I0 1 N1 0 0 1 ' ' J NOW OR FORMERLYI W 59 WOODARD I -0 O ?32.50',•\ 1708 RIVER COURT I 0th GPIN 1499-40-2453-0000 1 v `�a PARTIAL COLUM ENCROACHMENT UNDERGROUND 0 1 it ELECTRIC CONDUIT i UNDERGROUND PROPOSED/RELOCATED 4'ALUMIN, FENCE IRRIGATION �� RIG T OF WAY ,4, RIGHT OF WAY COM'UTED VIA COMPUTED VIA MB 27, 'G 51 MB 27, PG 51 / 1�10 �\..- ? , u u i iris * 4- UNDERG'0 UND coo Ill •Z N * '•. °It CONTROL IRE °'Ib �1t4VAitql FOR GATE. - - y1 0,' RELOCATED/'ROPOSED - EXISTING GATE *f ���}��,►p*-+W� if LANDSCAPIN' & COLUMN `,; ,'Ia�`'4A . a ; N87° 56'05"E 87.75'O.A. ``lit#,�,44- EXISTING G TE & COLUM EXISTING 'TER& RELOCATED/PROPOSED SEWER TERALS LANDSCAPING NOTE EXISTING/RELOCATED t •"- P. &JOYCE P. LYO BEARINGS AND 4'ALUMINUM FENCE 1700 VER COURT DISTANCES SHOWN GPIN 149'-40-4232-0000 HEREON WERE TAKEN EXHIBIT "A" REFERENCE PLAT OF REFERENCE(MB 278, PG 53). THIS EXHIBIT DOES ENCROACHMENT AGREEMENT NOT CONSTITUTER BOUNDARY SURVEY LOT'Y' , RESUBDIVISION OF A PARCEL DESIGNATED AS "1.2 +/- AC."AS SHOWN ON PLAT ENTITLED "PROPERTY OF EMMA F. BRAITHWAITE" (M.B. 54, PG. 12) AND "SITE B, 1.9 +/- Ac." scale 1"=20'$sheet AMERICAN AS SHOWN ON PLAT ENTITLED "PROPERTY OF Date 10/12/2015 1 Engineering BRECK-EGGLESTON & BRAITHWAITE" (M.B. 27, PG. 51) Project# V15139.01 of 1 American Engineering Associates-Southeast,P.A. MAP BOOK 278, PAGE 53 Drawn CAD — Check SMW 3351 Stoneshore Road I Suite 100Client George Lyon Virginia Beach,Virginia 23452 (750466-6600 VIRGINIA BEACH VIRGINIA Project 1700 River Court VNIS3 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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, $ s SECTION 1 / APPLICANT DISCLOSURE @ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. l i Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CI!Y USE O"t Y , - hi, tt [, .- t .,❑y Page 1 of 4 °Iann,nq ,- i ,_.1, , : -in':1 ...t • 111„,t G t, t ,' I c,t,.... 0 Al'?I.iC:AN NOT!RFD Or HFARING _ , 0 NC CHANGES AS or ❑ REJISiONS SUB7v1lTTED i I 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) George & Joy Lyon, husband and wife (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El 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. 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. 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 needed) ® Accounting and/or preparer of your tax return n ❑ 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) Z. Construction Contractors Cn Engineers/Surveyors American Engineering, Inc. 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 ,1113 Virginia Beach Financing (include current 0 © mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CLegal Services Sykes, Bourdon,Ahern&Levy, P.C. Real Estate Brokers /Agents for I current and anticipated future sales of the subject property 4.1.41.10C 4.0.1051111/MIKREIMMW, 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have xi 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 me of any blic body or committee in connection with this Application. iLf ,, George Lyon 9 /.S /S APPLI 'S SIGNATURE - PRINT NAME ATE r' Joy Lyon PROPE ' S NA::11,0 PRINT NAME DAT f/— 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 �vs'aa c i �7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds to the Sheriff's Office to Provide Horizontal Compression Adjustments for Sheriff's Deputies MEETING DATE: October 20, 2015 • Background: The Sheriff's Office deputies have been excluded from horizontal compression adjustments in both FY 2014-15 and FY 2015-16. The Sheriff's Office was included in the vertical compression adjustments in FY 2013-14. City Council approved in both FY 2014-15 and FY 2015-16 funding of adjustments to address horizontal compression in City staff. Positions in the Sheriff's Office did not receive compression adjustments. • Considerations: The Sheriff's Office performs a critical role in Public Safety for the City of Virginia Beach. Pay inequities between newly hired deputies in training and current fully trained deputies in the same classification exist within the Sheriff's Office just as they do in other Public Safety titles within the City. In an effort to mitigate pay inequities, the City has provided compression adjustments at a rate of $100 per year in a job title, with a maximum of eight years. The attached ordinance will provide horizontal compression adjustments totaling $419,610 comprised of $207,100 for the FY 2014-15, and $212,510 for the FY 2015-16 adjustments. The compression costs will be funded from the following sources: $104,924 from Reserve for Contingencies in the Sheriff's Office Fund; and $314,686 from the current year's General Fund Compression Reserve. • Public Information: Will be handled through the normal Council Agenda notification process. ■ Attachment: Ordinance Submitting Department/Agency: Sheriff's Office City Manager.:S k 1 AN ORDINANCE TO TRANSFER FUNDS TO THE 2 SHERIFF'S OFFICE TO PROVIDE HORIZONTAL 3 COMPRESSION ADJUSTMENTS FOR SHERIFF'S 4 DEPUTIES 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 1. That $104,924 is hereby transferred from the Reserve for Contingencies in 10 the Sheriff's Office Special Revenue Fund to the Operating Budget of the Sheriff's 11 Office for horizontal compression adjustments for Sheriff's Deputies; and 12 13 2. That $314,686 is hereby transferred from the General Fund Compression 14 Reserve to the Operating Budget of the Sheriff's Office for horizontal compression 15 adjustments for Sheriff's Deputies. 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: ... 70 � _� " Budget and Managemo":/4(.2 ent Services City Attorp - ' ice CA13496 R-1 October 7, 2015 J. NO ACTION 1. LARAE TUCKER and PP&P, LLC for a Conditional Use Permit re an auto service at 3001 Silina Drive DISTRICT 6—BEACH This item was advertised in advance and approved. K. PLANNING 1. SHIP CABIN CLUB, INC. and RED HEAD REALTY CORPORATION for the enlargement of a Nonconforming Use at 1117 Shipps Cabin Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. PI TELECOM INFRASTRUCTURE T, LLC and JSW HOLDINGS, LLC for a Conditional Use Permit re a monopole communication tower at 2824 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. LARAE TUCKER and MARJORIE E. HARRIS, RT for a Conditional Use Permit re an auto service at 2456 Virginia Beach Blvd DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. WAL-MART REAL ESTATE BUSINESS TRUST and HILLTOP COPELAND ASSOCIATES for a Conditional Use Permit re an auto repair at 550 First Colonial Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. HOLLOMON BROWN FUNERAL HOME, INC. for a Conditional Change of Zoning from R- 5D Residential Duplex to 0-2 Office at 1461 Kempsville Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 6. CCW DEVELOPMENT ASSOCIATES and WAYNE DUPREE for a Conditional Change of Zoning from A-12 Apartment to Conditional A-12 Apartment to vary the lot coverage for single family dwellings at 596 Sea Oats Way DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 1 1 i . Ft i =,....-� yr 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, October 20, 2015 at 6:00 PM,at which time the following applications will be heard: COUNCIL DISTRICT 2- KEMPSVILLE HOLLOMON BROWN FUNERAL HOME, INC. [Applicant & Owner], Conditional Change of Zoning(R-5D Residential Duplex to 0-2 Office), 1461 Kempsville Road (GPIN 1465370172) COUNCIL DISTRICT 7- PRINCESS ANNE PI TELECOM INFRASTRUCTURE T, LLC [Applicant] JSW HOLDINGS, LLC [Owner], Conditional Use Permit (Communication Tower - Monopole), 2824 Princess Anne Road(GPIN 1494468755) COUNCIL DISTRICT 6-BEACH LARAE TUCKER [Applicant] MARJORIE E. HARRIS, RT[Owner], Conditional Use Permit(Automobile Service Station), 2456 Virginia Beach Blvd(GPIN 1497852236) COUNCIL DISTRICT 6-BEACH LARAE TUCKER [Applicant] PP&P, LLC [Owner], Conditional Use Permit (Automobile Service Station), 3001 Silina Drive (GPIN 1496196871) COUNCIL DISTRICT 6-BEACH WAL-MART REAL ESTATE BUSINESS TRUST [Applicant] HILLTOP COPELAND ASSOCIATES [Owner], Conditional Use Permit(Automobile Repair Establishment), 550 First Colonial Road(GPIN 2407876655) COUNCIL DISTRICT 7- PRINCESS ANNE SHIP CABIN CLUB, INC. [Applicant] RED HEAD REALTY CORPORATION [Owner], Enlargement of a Nonconforming Use 1117 Shipps Cabin Road(GPIN 2420278988) COUNCIL DISTRICT 6-BEACH CCW DEVELOPMENT ASSOCIATES [Applicant] WAYNE DUPREE [Owner), Conditional Change of Zoning (A-12 Apartment to Conditional A-12 Apartment), 596 Sea Oats Way(GPIN 2417825192). Comprehensive Plan: Suburban Area [Resort Area Strategic Action Plan]. Proposal is for 8 townhome- style dwelling units (Density of 12 units per acre) 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 htto://www.vbgov.com/op For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 385-4303. sem. Hl 1 ,, r z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LARAE TUCKER [Applicant] PP&P, LLC [Owner], Conditional Use Permit (Service Station with Convenience Store), 3001 Silina Drive (GPIN 1496196871). COUNCIL DISTRICT— BEACH. MEETING DATE: October 20, 2015 • No action is required on this item. City Council approved this request on October 6, 2015. Recommended Action: No action required. Submitting Department/Agency: Planning Departmen4V---- City Manager: i& - c I 1 i 1 4U n 01 .1 I ... tad E 2 0 %..., . c c0 0 ort ' t.) c t.) .,. , ,, . Al , .. , 0 .. I ..., ii. ,..., 0 _ VI) ---,...,, 0 .1.o C ..,,, Qi E 4) 01 _ 0 ._r _ 4.1 -0 to 0 C4 C co U ' I VI s 1-i v-i 1-i I— ---. (..) - -...„. -,....... 0 LU Z - Z ti) in --, •0 tb Ill ,L (.1 U '----. RI AZ--,.. (X '-, -„, ••• • O. '''' ••(` (,) 1Nu��1 !O � SYS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHIP CABIN CLUB, INC. [Applicant] RED HEAD REALTY CORPORATION [Owner], Enlargement of a Nonconforming Use, 1117 Shipps Cabin Road (GPIN 2420278988). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: October 20, 2015 • Background: The subject site, zoned AG-1 Agricultural District, is located directly adjacent to Redhead Bay. The property contains a dwelling unit, boathouse and pier, and has been operating as a duck hunting club for many years. • Considerations: The applicant desires to replace the existing boathouse, expand the pier, and add two finger piers to the property. The use of the property as a duck hunting club was a permitted use when the property was developed; however, is no longer permitted in the AG-1 zoning district. Therefore, in order to make the proposed improvements, an application for an expansion to a nonconforming use must be approved by the City Council. Further details pertaining to the site, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with one member absent, to recommend approval of this request to the City Council with the following conditions: 1. Except as modified by any other condition of this approval or as necessary to comply with applicable City development ordinances and standards or the requirements of the Joint Permit Application, the site shall be developed in substantial conformance with the submitted site plan entitled, "SITE PLAN OF PROPOSED BOATHOUSE & ACCESS PIERS PROJECT, APPLICANT: SHIP CABIN CLUB, 1117 SHIPPS CABIN ROAD, VIRGINIA BEACH, VA 23456," dated May 13, 2014, prepared by Marine Engineering. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Upon approval of this application, the applicant shall obtain all necessary approvals from all applicable federal, state and City agencies. Ship Cabin Club, Inc. Page 2 of 2 3. All required permits shall be obtained from the Planning Department, Permits and Inspections Division for the work to be completed on the site. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Resolution Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen `! City Manager: Sk �( � 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 1117 SHIPPS CABIN ROAD 4 5 WHEREAS, the Ship Cabin Club, Inc., (hereinafter the "Applicant") has made 6 application to the City Council for authorization to enlarge a nonconforming use located 7 at 1117 Shipps Cabin Road in the AG-1 Agricultural District by replacing and expanding 8 piers and a boathouse at a duck hunting club; and 9 10 WHEREAS, this lot currently contains a duck hunting club, which is not an 11 allowed use in the AG-1 Agricultural District; and 12 13 WHEREAS, the use was established prior to the adoption of the applicable 14 zoning regulations and is therefore nonconforming; and 15 16 WHEREAS, the Planning Commission of the City of Virginia Beach 17 recommended approval of this application on September 9, 2015; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use of the lot, as enlarged, 29 will be equally appropriate to the district as is the existing nonconforming use under the 30 conditions of approval set forth herein below. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. Except as modified by any other condition of this approval or as necessary 39 to comply with applicable City development ordinances and standards or 40 the requirements of the Joint Permit Application, the site shall be 41 developed in substantial conformance with the submitted site plan entitled 42 "SITE PLAN OF PROPOSED BOATHOUSE & ACCESS PIERS 43 PROJECT, APPLICANT SHIP CABIN CLUB, 117 SHIPPS CABIN ROAD" 44 dated May 13, 2014, and prepared by Marine Engineering. Said plan has 45 been exhibited to the City Council and is on file in the City of Virginia 46 Beach Planning Department. 47 48 2. Upon approval of this application, the applicant shall obtain all necessary 49 approvals from all applicable federal, state and City agencies. 50 51 3. All required permits shall be obtained from the Planning Department, 52 Permits and Inspections Division for the work to be completed on the site. 53 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: 1411.141Hi /4101 d >ti ! ...v ►_ Planning Department Op City Attorney's Office CA13418 R-1 September 10, 2015 2 PRINCESS ANNE DISTRICT-1117 Shipps Cabin Road SHIP CABIN CLUB 5 September 9, 2015 Public Hearing .,.-"--T.....''''.'..". .\\--..sss'''''''..'..'....N.„..,,,, APPLICANT: ,. SHIP CABIN CLUB, INC. -..%''''..... .'....''...ss*.\.„ s'... brp,C PROPERTY OWNER: RED HEAD REALTY Enlargement ofti Nonconforming Use CORPORATION STAFF PLANNER: Kevin Kemp REQUEST: Enlargement of a Nonconforming Use and Structures ADDRESS/DESCRIPTION: 1117 Shipps Cabin Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24202789880000 PRINCESS ANNE 15,923 square feet Less than 65 dB DNL 4 • BACKGROUND AND SUMMARY The subject site, zoned AG-1 Agricultural District, is located directly adjacent to Redhead Bay. The property contains a dwelling unit, boathouse and pier, and has been operating as a duck hunting club for many years. The applicant desires to replace the existing boathouse, expand the pier, and add two finger piers to the property. The use of the property as a duck hunting club was a permitted use when the property was developed; however, is no longer permitted in the AG-1 zoning district. Therefore, in order to make the proposed improvements, an application for an expansion to a nonconforming use must be approved by the City Council. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." Accordingly, since the existing use on the property is nonconforming, the proposed renovation and additional piers constitute an enlargement of the use and may only proceed 'upon a resolution of the City Council.' SHIP CABIN CLUB, INC. Agenda Item 5 Page 1 The applicant proposes to demolish the existing boathouse and construct a new boathouse in the same footprint that will accommodate two boats. The existing pier, located to the side of the boathouse, will be replaced, and will extend to the rear and side of the structure. On the northern portion of the site, the existing piles will be replaced and two finger piers will be constructed, thus creating a U-shaped boat dock that will accommodate two additional boats. This request is subject to the approval of a Joint Permit Application which is also currently under review by Federal and State agencies. 4 • LAND USE AND ZONING INFORMATION EXISTING LAND USE: Duck hunting club with boathouse SURROUNDING LAND North: • Marshland /AG-1 Agriculture District USE AND ZONING: South: • Redhead Bay East: • Redhead Bay West: • Redhead Bay NATURAL RESOURCE AND The site is located in the Southern Rivers Watershed, directly CULTURAL FEATURES: adjacent to Redhead Bay, and is only accessible by water. The site is located in the AE flood zone with a base flood elevation of four feet; however, because the proposed improvements are not enclosed living area, they do not have to be elevated two feet above the base flood elevation. 4 • IMPACT ON CITY SERVICES City services are not impacted by this request. • EVALUATION AND RECOMMENDATION The applicant's request to replace the existing boathouse, replace and extend the pier alongside the boathouse, and to add two piers on the site is reasonable. The proposed renovations and additions are appropriate to the character of the area, and given the remote location of the site, there are not anticipated to be any negative impacts to the surrounding properties. The use of the site will remain the same, and intensity of the use is not expected to be increased. The proposed renovations and expansions will enhance the quality of the site, and; therefore, be a positive improvement to the community. In sum, Staff recommends approval of this request with the conditions listed below. SHIP CABIN CLUB, INC. Agenda Item 5 Page 2 4 • CONDITIONS 1. Except as modified by any other condition of this approval or as necessary to comply with applicable City development ordinances and standards or the requirements of the Joint Permit Application, the site shall be developed in substantial conformance with the submitted site plan entitled, "SITE PLAN OF PROPOSED BOATHOUSE &ACCESS PIERS PROJECT, APPLICANT: SHIP CABIN CLUB, 1117 SHIPPS CABIN ROAD, VIRGINIA BEACH, VA 23456,"dated May 13, 2014, prepared by Marine Engineering. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Upon approval of this application, the applicant shall obtain all necessary approvals from all applicable federal, state and City agencies. 3. All required permits shall be obtained from the Planning Department, Permits and Inspections Division for the work to be completed on the site. NOTE:Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SHIP CABIN CLUB, INC. Agenda Item 5 Page 3 . .e >- 11.1 V) < u.i IX '''r i,, • . i `,t• ' , ' 1 • . ,, T1 . . .. • • . t y . v, ' !-"-;•1 • '4 ..; , . %.. i . "..' ,I ' . t ‘. 4 . . . . . "(4 . , e. ..„.-_. -...: ..-... .. , I.r , . , . , . . . . ., • 0 Sr ..1 •, ••- v^ - ''' e.. -.;',....- . . '. •'7.,..., „:. t.,.."=...7",••• _ .-- "fit AERIAL OF SITE LOCATION NIA-'BtA r•,- - , .:., 1 t; I 72 SHIP CABIN CLUB, INC. Agenda Item 5 Page 4 elik I • °t jrThyftw ' • `0 0 : ♦ , : } p s . . ...,. it, ilk .. k s a, AERIAL OF SITE SHIP CABIN CLUB, INC. Agenda Item 5 Page 5 cn w p w cn a g lilt - 0 Cl_ itg ii 06 O w i t wce Z D Zta 0 p U Q V1 > ( = w N w 11 �4. tw_— p i 4 p a �• • W [ d < n a • • 1 i i Si; ? 1 W • ••• W N7 • • • • • X R e0 - CO •• • • • i I pp o • . . . . i s �\ turn '_2�• •• • • • tigiA. 0 &R , 1.-- ZRi • 44, Z• a .noQ . . . . 19. sitiNi..........• • • • . a .--. Z •• •• • • • • • + n ••i: \ 1 R WUrnm � =sd . . • W Z O. em �� liP + m -4 W 8. m� ��� pakk °'� p h. g W nz.. � W W Z +6a --�.. W / V ♦ �� W U 5 S N ct in k 0 f` !t g Q a.O r = Vakts y a Z°gV) Std Q o+7,,,,, o; a. ^� <z HfPe• �o m a6 az V 8i3s2rts i- m ,_o d a .. Se: i c305.. Wz PROPOSED SITE PLAN SHIP CABIN CLUB, INC. Agenda Item 5 Page 6 Pp/ Aps Cabs &SS °Ra SIT 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 There has been no activity in the vicinity of this application in the past ten years. ZONING HISTORY SHIP CABIN CLUB, INC. Agenda Item 5 Page 7 ma1, ti k. ' r ;S ,.'..,I..-a+ ' � !.,r x syc ^s.; ¢ ..,',,..1,,,,_:.,-, '"\V '4' c ' rYL , aa? tt tk} * x st'"� �"g ', r y,�3y br ` kf f �s'*. tSrrp- 3t � ss. ' �*ArI ,F,..,,-,-,':4,"."?, ."? „ Rf .. ir Y 7 Sa'. r ti .r.` . yax DISCLOSURE STATEMENT FORm- `�" r 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 Cay of Virginia Reach requiring action by the City Council or a board, commission, or other body appointed by the City Council.'Such applications and matters include, but are not limited to,the following: Acquisition of Property ,Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program ivoneonformine Use Exception for (EDIFY) Changes Board of Zoning Encroachment Request Rezoning eras Certificate ofFloodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease or City Propeny Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to inform public officiais who may vote on the application as to whether they have a confiict of Interest under Virginia law. • —4, SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT is NOT a corporation, partnership, firm, business,or other unincorporated organization. rg Check here If the APPLICANT i, a corporation, partnership, firm, business, or Kok-CITY OW /All disclosures must bt updated I.wo(7j rueeks prim to ony ..Lr Page I of 4 w�— Ilanru_gn commission met City Council mgrt,tno thin .ruins to thea 'kat!. ii- 0 AVi't.KANTNOTNItDOFill:AklNG UTAli., -tl NOCHAN(;rSASOr OnIL. /t: -s'—A KtviS70NSSUllMlrrro t]otilt. DISCLOSURE STATEMENT SHIP CABIN CLUB, INC. Agenda Item 5 Page 8 \Li 'Virginia Beach other unincorporated organization,AND THEN,complete the fotlowinq. (A) List the Applicant's name followed by the names of all officers, directors, members,trustees, partners,etc.below: (Attach list if necessary) Ship Cabin Club, Inc. (applicant): J. Hitch, president; N. Francis, V. President; C. Oldfield, treasurer; J. Hurd, director; J. Gervickas; S. Miller; E. Phillips•, R. Spence; G. Stokes; R. Stokes; W. Tynes; R. Katz (8) List the businesses that have a parent•subsidiary or affiliated busit5os entity 2 relationship with the Applicant: (Attach list if necessary) Red Head Realty Corporation (shared management) See next page for information pertaining to footnotesi and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is dif€erentiram Aispiicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. j$J Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (>z'•.) I ist the Property Owner's name followed by the names of all officers, directors, members,trustees, partners,etc. below: (Attach list if.necessary) Red Head Realty Corp (property owner): J. Hitch, president; nt; C. OldfTold, Ery -J_. Gervickas, secretary; J. Hurd, director; S. Miller; L. Phillips; R. Spence; G. Stokes; R. Stokes; W. Tynes; R. Katz UI) List the businesses that have a parent subsidiary l 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 Viroinia law DISCLOSURE STATEMENT SHIP CABIN CLUB,INC. Agenda Item 5 Page 9 Vri3 Virginia Beach other unincorporated organization,AND THEN.complete the following. IA) List the Applicant's name followed by the names of all officers, direc tor., members,trustees, partners,etc.below: (Attach list if necessary) Ship Cabin Club, Inc. (applicant): J. Hitch, president; N. Francis, V. President; C. Oldfield, treasurer; J. Hurd, director; J. Gervickas; S. Miller; E. Philips•, R. Spence; G. Stokes; R. Stokes; W. Tynes; R. Katz (8) list the businesses that have a parent-subsidiary t or affiliated busi!1 s entity 7 relationship with the Applicant: (Attach list if necessary) Red Head Realty Corporation (shared management) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different froerr Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. Ij} 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 nanm followed by the names of all officers.:irectors, members. trustees, partners,etc. below: (Attach list if necessary) Red Head Realty Corp (property owner): J. Hitch, president; — N.--F=gin^^4.s-,--V,P-ream-emt; C. Oldfield, trcocure —_J._ Gervickas, secretary; J. Hurd, director; S. Miller; L. Phillips; R. Spence; G. Stokes; R. Stokes; W. Tynes; R. Katz (C) 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 official!,who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT SHIP CABIN CLUB,:;INC. Agenda Item 5 Page 10 I ll . NB Virginia Beach Ship Cabin Club, Inc. (shared management) I "Fa!enr-subsidiary relationship :Weans"a relationship that exists when one torporatlon direnin or ,nibrrctly owns shares possesriny more than Sp percent of tire voting power of enter-er 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 1Lirrnl-S I:I'Sid is ry relationship,that exists when Ii)one business entity has a controlling ownership inkiest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the;other entity,or {di) there ie 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 rornmirgled funds or assets'the business entities share the use of the same offices n,employees or otherwise share activities, resources or personnel on a regular basis, or there is et era ise a close working relationship between the entities.`See Stare and local Government Conflict of Interests Act, Va.Code§ 2 2.3101 ,._ —.s.__....._ •.mow_ ,.. , 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: frYES II NO SERVICE PROVIQER(use additional shetis if El © Accounting and/or preparer of your tax return ❑ © Architect/Landscape Architect/ Land Planner r� Contract Purchaser(if other than El Q the Applicant)–identify purchaser and purchaser's service providers Any other pending or proposed Dfinpurchaser of the subject property (identify purchasertsJ and {purchaser's service providers) L L 1 Construction Contractors ® 0 LEngineers/Surveyors J Maribe Engineering, 4.LC David Kledzik The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT SHIP CABIN CLUB,:INC. Agenda Item 5 Page 11 k irginia Beach Financing (include current [1 ( Xi mortgage holders and lenders -1 selected or being considered to provide financing for acquisition or construction of the property) 0 [i Legal services Real Estate Brokers /Agents for0 C2 current and anticipated future sales of the subject property SECTION 4. KNOWN N INTEREST 8Y IMAUC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El El 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? 1 r t 4 CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement form is I 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. S d, C ,i / lub , In. . 1 by: Nash Francis giuha- APPI CA f'S SIGNATURE PRINT NAME DATE —'e' e`' 'ea ty orporatioh Nash Francis G4Vice President �lii`i3 PROPERTY OWNER' SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Item#5 Ship Cabin Club, Inc. Enlargement of a Non-Conforming Use 1117 Shipps Cabin Road District 7 Princess Anne September 9,2015 CONSENT An application of Ship Cabin Club, Inc.for an Enlargement of a Nonconforming Use and Structures on property located at 1117 Shipps Cabin Road, District, Princess Anne. GPIN: 24202789880000. CONDITIONS 1. Except as modified by any other condition of this approval or as necessary to comply with applicable City development ordinances and standards or the requirements of the Joint Permit Application,the site shall be developed in substantial conformance with the submitted site plan entitled, "SITE PLAN OF PROPOSED BOATHOUSE &ACCESS PIERS PROJECT,APPLICANT:SHIP CABIN CLUB, 1117 SHIPPS CABIN ROAD,VIRGINIA BEACH,VA 23456,"dated May 13,2014, prepared by Marine Engineering. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Upon approval of this application,the applicant shall obtain all necessary approvals from all applicable federal,state and City agencies. 3. All required permits shall be obtained from the Planning Department, Permits and Inspections Division for the work to be completed on the site. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 5. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 5 by consent. Richard Katz appeared before the Commission on behalf of the applicant. L.) ...II . . ammil at. ut Imm r.1 .,, '•- I 1.1) Ct. ze - , E ,-- i - 1 ci.) .,.. ..t-- ... .. ,... D ) c C , I . " N 0 . k Z 0 I i t.L.... I ..,. ........: //v.' \ 0 ---- •-./ -- -- ... .1...i C:3 i "IN i . k I \4.,:: IIIIIIIIPr '... .Z.." 1.11. . 1 „., -.. - Z ../s- \ • ',,., . 71, "7, ,,b.. 11,, .. \ 2 - 1 IT I - .. „civ, (.....) I 1 il f I 4 1114"'..'.: \ 4001.11r. ow 1/4. 0 WI 61, , , ..... ....1 l' 1 , \ U.II 1 1 1 , 1-- 1 1 I. CX. On *1---* ---_ C3 Z 0 ---. 4-1 --... "t3 0 fe CC / W C C . - , / y''\NN:t : v't r vo / --,- 0 / 4..0 ,.., C / ..._ MI CO N .....„ - 7 <,,,- .... +4 r3 i•••• Z 4) 0 cz N --... 0 .0 .0 -,.........,.. LU , Z r < ct Lit) til ko Airy tn -...„...... , i 0 1.1 ce i ?:.1 CL I it �A it y:` � rp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PI TELECOM INFRASTRUCTURE T, LLC [Applicant] JSW HOLDINGS, LLC [Owner], Conditional Use Permit (Communication Tower - Monopole), 2824 Princess Anne Road (GPIN 1494468755). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: October 20, 2015 ■ Background: This is a request to construct a 120-foot tall, galvanized steel, monopole communication tower. • Considerations: The proposed wireless communication tower meets the relevant provisions of Section 232 of the City Zoning Ordinance, which provides the standards for the evaluation of Communication Towers. The applicant's primary tenant, T-Mobile, has documented the existence of a sizable gap in coverage along Princess Anne Road between Landstown High School and the City of Virginia Beach Municipal Complex, including the surrounding residential and commercial areas. The tower will be designed to accommodate a total of four carriers. A balloon test revealed that the existing mature trees in the vicinity of the proposed tower will conceal most of the tower and the ground equipment from view. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with one abstention, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Parallel Infrastructure, Proposed 120' Monopole In A New Fenced Compound, Virginia Beach Municipal Complex #2," prepared by BC Architects/Engineers, dated February 18, 2015, which plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PI Telecom Ingrastructure T, LLC Page 2 of 2 2. Subject to the submission of a full structural report that shall be submitted during final site plan review, the tower shall be designed to accommodate a total of four users in order to provide for future co-location opportunities. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 4. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 5. The species of the plant material installed on the property as shown on the exhibit entitled, "Landscaping Plan, Virginia Beach Municipal Complex #2," shall be subject to the approval of the Development Services Center, Landscape Architect. Any modifications to the Landscaping Plan, as required by the Landscape Architect shall be depicted on the final plan. In the event that any of the plant material required by section 232 (b) (8) (i) of the City of Virginia Beach Zoning Ordinance dies or becomes diseased, said plant material shall be replaced with the same species or a species approved by the Development Services Center, Landscape Architect. All plant material shall be properly maintained and allowed to grow to a height so as to provide an effective screen of the compound's fence and equipment. 6. To the degree practicable, the applicant shall preserve the mature trees on the site as much as possible, in lieu of clearing and re-planting trees. • 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 alre City Manager: i 11 PRINCESS ANNE DISTRICT-zaz.ma...Anne x..d PI TELECOM INFRASTRUCTURE T,LLC 65-70 db An AIC1?'I bob lrenl - - r• September 9, 2015 Public Hearing MIS AGS AG2 APPLICANT: 4 '` PI TELECOM N\tINFRASTRUCTURE : TLLC PROPERTY OWNER: JSW HOLDINGS, Condiiional Use Permit for Communimtton Tower(monopole) LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit(communications tower-monopole) ADDRESS/DESCRIPTION: Property located at 2824 Princess Anne Road GPIN: ELECTION DISTRICT: SITE AREA: AICUZ: 14944687550000 PRINCESS ANNE 4.282 acres 65-70 dB DNL LEASE AREA: Sub Area 2 4,900 square feet 4 • BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow for the installation of a 120-foot tall, galvanized steel, communication tower with a four-foot tall lightning rod. The proposed tower will be able to accommodate up to four sets of antennas. The purpose of the tower is to resolve issues related to a coverage gap in the applicant's tenant's (T-Mobile)wireless network.According to the application, there is a Dominion Virginia Power high power transmission tower approximately one mile to the north of this site. T-Mobile will be installing antennas on the transmission tower, along with constructing the proposed wireless communication tower, in order to satisfy T-Mobile's sizable coverage gap along Princess Anne Road. The applicant has submitted coverage maps, provided at the end of this report, depicting this deficiency. The applicant conducted a balloon test to simulate the visual impact of the tower from a number of angles. These photo simulations are included in this report. At least during the summer months when PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 1 i I the leaves are on the trees, the balloon was not visible from the adjacent Christopher Farms neighborhood. The site consists of a single family dwelling on an agriculturally zoned parcel. The tower is proposed approximately 250 feet from Princess Anne Road and 53 feet from the side property line, exceeding both the minimum front and side yard setbacks of 50 feet. The Zoning Ordinance requires a minimum setback of 155 feet(125 percent of the tower height)from the nearest residential or apartment structure. With the existing home located 600 feet to the north of the proposed tower, this requirement is met. The submitted plan depicts a 2,500 square foot, fenced area within a total lease area of 4,900 square feet. The fenced in compound provides space for up to four carriers. According to the submitted plan, the anchor tenant, T-Mobile, will lease a 15-foot by 20-foot space that will house the tower and associated ground equipment that connects to the tower via an ice bridge. Vehicular access and utility easements will be established and are depicted on the plan. A landscaping plan was submitted with the application, depicting 5-foot high shrubs along the outside perimeter of the compound with evergreen and deciduous trees interspersed. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single family dwelling SURROUNDING LAND North: • Single family dwelling, woods/ R-7.5 Residential District, USE AND ZONING: AG-1 Agricultural District South: • Princess Anne Road • Single family dwellings/AG-2 Agricultural District East: • Vacant wooded area/AG-1 &AG-2 Agricultural Districts West: • Vacant wooded area/AG-1 &AG-2 Agricultural Districts NATURAL RESOURCE AND The site is in the Southern Rivers watershed. It is partially wooded CULTURAL FEATURES: with some cleared areas for the driveway and where the existing house and shed are located. There do not appear to be any significant environmental or cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess Anne Special Economic Growth Area(SEGA 4). More specifically, the subject site lies within North Princess Anne Commons which serves as the principal gateway to the Virginia Beach Municipal Center and houses several premiere educational, recreational, and medical campuses. The subject site is also impacted by the 65-70 dB LDN Air Installation Compatible Use Zone(AICUZ) noise zone/Sub-Area 2 designation. Despite being constrained by AICUZ restrictions, Princess Anne SEGA 4 still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. The Design Guidelines for Princess Anne Commons are to be applied to the North Princess Anne Commons. (pp. 4-1 to 4-10) PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 2 • e EVALUATION AND RECOMMENDATION The proposed wireless communication tower meets the relevant provisions of Section 232 of the City Zoning Ordinance, which provides the Specific Standards for the evaluation of Communication Towers. The applicant's primary tenant, T-Mobile, has a sizable gap in coverage along Princess Anne Road between Landstown High School and the City of Virginia Beach Municipal Complex, including the surrounding residential and commercial areas. This proposed tower, along with antennas that will be added to an existing Dominion Virginia Power high power transmission tower to the north, will fill that gap as well as provide opportunity for three other providers to collocate. The application indicates that T- Mobile first looked to fill the coverage gap by collocating on nearby tall structures or existing towers. As described above, T-Mobile has plans to install an antenna on an existing high power transmission tower as part of their strategy, as well as construct a communication tower to enhance service for this area. The applicant has provided the required Radio Frequency Emissions Report from a licensed engineer indicating that the tower antennas would be compliant with the Federal Communication Commission's regulations regarding the maximum permitted exposure levels to non-ionizing radiation. The applicant has provided a letter from a licensed engineer indicating that the tower would be designed to meet or exceed industry standards as defined by TIA/EIA-222-G. The tower will be designed to accommodate a total of four carriers and a full structural report will be required during detailed site plan review. The Conditional Use Permit request for a communication tower within an existing wooded area is generally consistent with the Comprehensive Plan's land use policies for the Princess Anne Special Economic Growth Area 4 with regard to compatibility with surroundings and serves to expand the communication network. The balloon test revealed that the existing mature trees in the vicinity of the proposed tower will conceal most of the tower as well as conceal the ground equipment from view. Based on Staff's evaluation, particularly with regard to compliance with the standards for communication towers as provided by Section 232 of the Zoning Ordinance, approval of this request with the conditions below is recommended. • • CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Parallel Infrastructure, Proposed 120' Monopole In A New Fenced Compound, Virginia Beach Municipal Complex#2," prepared by BC Architects/Engineers, dated February 18, 2015, which plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Subject to the submission of a full structural report that shall be submitted during final site plan review, the tower shall be designed to accommodate a total of four users in order to provide for future co-location opportunities. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 3 shall be required during detailed site plan review. 4. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/ Obstruction Evaluation office(FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 5. The species of the plant material installed on the property as shown on the exhibit entitled, "Landscaping Plan, Virginia Beach Municipal Complex#2," shall be subject to the approval of the Development Services Center, Landscape Architect. Any modifications to the Landscaping Plan, as required by the Landscape Architect shall be depicted on the final plan. In the event that any of the plant material required by section 232 (b)(8)(i)of the City of Virginia Beach Zoning Ordinance dies or becomes diseased, said plant material shall be replaced with the same species or a species approved by the Development Services Center, Landscape Architect. All plant material shall be properly maintained and allowed to grow to a height so as to provide an effective screen of the compound's fence and equipment. 6. To the degree practicable, the applicant shall preserve the mature trees on the site as much as possible, in lieu of clearing and re-planting trees. NOTE:Further conditions maybe 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. PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 4 Q ! \ \ \ 4 V ;p • Q 1 •• 1111 Q ; • • (77O 1 O V AERIAL OF SITE LOCATION PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 5 Itill. co) : "ill li nD e a ri'4 p •„rt99 c IIiIII pQpQpQp, I!tij �+ w•V.1 1 i r¢g t�/[tMgg�aa/alige' .(4 :iiii ii I I i ( K I, i , iFlgk# 7 bS 3 O 2 Z II 1.s LI X. yv 1 Fs ,( $ R I 414, --) 1 , \ c/i ,' // ”i/ F. i , I /% � B __T.....,yi. �1 , 1 Ni ' /l/,l! .1� /f \�� /i ;8 N,l -r-G. // 1 t �(II�- I is � J.io 1 A '\ /ee ,,,/ �� / r rs-- LII �, :111I� I I t ,.y$,r Y 8 4! .„n 6E S xpth G \ 53 Ill IIIIII =§r .r:” s«ala...aa- r`ist•.c..,-,.w T.n a.e+a a/..MN,uo,ryn.*,W,:ct-ao-..da/. vs . PROPOSED SITE LAYOUT �1A BE . 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( "'.;1 , 'F s} f/ M1""'! n j^ _yy � ' ., -. . .. ,L.i 1:=0* 34r' t - ' Vii . �Y ( -.x t 't i,..-4,)::'''',,...1; '-',;'' 4 , ' t � r � r m �it.,--,,:t'::::,,,,,,,t1:7----7,44::'!1::::',::,,:.,.:;,;."'-'::::::- < - z ; N � a _ o I r. , J,.L w F �I m Y W N Z y �j O O F i, X U _ SW U V Jag = LI a y w E$ �a r' mOawmzo ao5J5' 'LL a� > cal) - ' FR— , t Y ZQQa > o _ W O LL� o z �� w U x Z ¢a A_ c •k 'a Eta N ' N • BALLOON TEST PHOTO FROM PRINCESS ANNE ROAD, VIEW #3 PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 17 PRINCESS ANNE DISTRICT— 2824 Princess Anne Road P1 TELECOM INFRASTRUCTURE T, LLC --_I ` I 65-70 db DNL AIC Z ;` Sub Area 2 — I _ t;" ; C 9 I AG2 4 ti / '-. r :V/ 1 J , c%'9 O ' tog / / ., ,f, - „ \ i / f2 -------: s / 9 r ,.. Conditional Use Permit for Communication Tower(monopole) ZONING HISTORY # DATE REQUEST ACTION 1 11/18/2014 REZ(AG-1 &AG-2 to PD-H2 (R-5D)) Denied 2 03/14/2000 CUP (outdoor recreation-golf) Granted PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 18 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. Irl Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All dlxlosures must be updated two(2)weeks pr rn to any Page 1 of 4 Platennq Commission and Coy Council meetmq that pm tains to the apphcationts, �0..,( APPLICANT NOTIFIED OF HEARING DATE , /f L-I NO CHANGES AS OF DATE. /U' �^/� V�/y�_' REVISIONS SUBMITTED DATE: DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE T, LLC' Agenda Item 3 Page 19 I NB 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) -Parellet-)nftastrustufe"See alta ed" i - (B) List the businesses that have a parent-subsidiary ' 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. 11 Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. I^ 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) JSW Holdings,LLC"See attached" • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ,T t - mi l The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 20 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. 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 needed) g Accounting and/or preparer of your tax return nArchitect/Landscape Architect/ BC Architects Engineers,PLC Land Planner �,/�, Contract Purchaser(if other than tg n the Applicant)-identify purchaser T and purchaser's service providers Any other pending or proposed T-Moblie,Collocator I C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nElConstruction Contractors Parallel Infrastructure mEngineers/Surveyors Halder Surveys,P.C. The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE'T, LLC Agenda Item 3 Page 21 , Virginia Beach Financing(include current ❑ IA mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® 0 Legal Services LeClairRyan ❑ DS Real Estate Brokers/Agents for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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 publ' body or committee in connection with this Application. //f/� Intrastructurelgeu Brf}alt 7/Cok APPLICANTS SIGNATURE PRINT NAME DATE JSW Holdings,LLC 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. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 22 *NB Virginia Beach Financing(include current ❑ {il mortgage holders and lenders i]5selected or being considered to provide financing for acquisition or construction of the property) Z ❑ Legal Services LeClairRyan ElReal Estate Brokers/Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have n n 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. ' Rafe let Infrastructure-- APPLI T'S SI NATURE PRINT NAME DATE 1� IEi l JSW Holdings,LLC a ,115 PROPERTY WNE IGNA E• r PRINT NAME I 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. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 23 Conditional Use Permit Application PI Telecom Infrastructure T,LLC 120-Foot Monopole Communication Tower With a 4-Foot Lightning Rod 2824 Princess Anne Road("Property") Attachment to Disclosure Statement Form Section 1—Applicant Disclosure: A) PI Telecom Infrastructure T,LLC is the wholly owned subsidiary of PI Telecom Mezzanine A LLC. Its corporate officers are as follows: Yannis Macheras—President Vincent Signorello—Vice President Kolleen O.P.Cobb—Vice President/Secretary Juan(Rusty)Godoy—Vice President/Treasurer/Asst.Secretary Ron Bittner—Vice President Brad Balduf—Vice President (See attached Certificate of Incumbency) B) Below is a list of entities related to PI Telecom Infrastructure T,LLC: Florida East Coast Industries,LLC; Parallel Infrastructure Holdings LLC; PI Telecom Holdings LLC; PI Telecom Mezzanine B LLC;and PI Telecom Mezzanine A LLC(Parent). (See attached Organizational Chart) Section 2—Property Owner Disclosure: A) The Members of JSW Holdings,LLC are as follows: Joseph A.Walton; Gail H.Walton;and Joseph F.Walton. B) Below is a list of entities related to JSW Holdings,LLC: Walton Funeral Home,L.L.C.;and JSW Corporation. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE T,LLC Agenda Item 3 Page 24 CERT OF INCAMBENCY The undersigned, Kama 0.?. Cobb, as Secretary of PI Telecom infrastmeture T, LTC, a Delaware limited liability company (the "Company"), does hereby certify that the following named individuals are.duly elected,qualified and acting officzos of the Company,b&ding the offices set forth opposite their respective names and are authorized to sign documentation in furtherance of any transaction,‘x3ntrad or areerocut tosoirtag the Company,which transaction, contract or agreement is authorized by the Company and does not violate the Company's articles of organization Cr operating agreement Name Off hat \Minis Machetas President Vincent Signorello Vice President Klo11=O.P.Cobb Vice President/Seeretary Juan(Rusty)Godoy Vice President:area:wen/Asst.Scattily Ron 13iimer Vice President Brad Baiditi Vice Pre.sidcra IN WITNESS WHEREOF. the undersigned has executed this Certification and Certificate of Incumbency as of May If ,2015. Pi TELECOM INFRASTRUCTURE T,LLC, a DelaAte,1.0ited liability company By: Kolitten P.P.'Cobb,as Secretary STATE OF FLORIDA )ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before nit-this • day of May,2015,by Kolleen Cobb,as Secretary of PI TELECOM INFRASTRUCTURE T,LLC,a Delaware limited liability company,Ort behalf t-if said limited liability company,who isTet:sonally known to me or has produced as identification. `d ) Print Name: Nf.q.ery Public in and 1 the County and State aforesaid. My Corra-niaion DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE T5 LLC. Agenda Item 3 Page 25 w . a� n n , s .; s s ra�Np 1 m 1 Mezzanine B L . x: uiC ,: f TelecoWt ,, • 2 3 Y. e e DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURET, LLC Agenda Item 3 Page 26 Item#3 PI Telecom Infrastructure T, L.L.C. Conditional Use Permit 2824 Princess Anne Road District 7 Princess Anne September 9, 2015 CONSENT An application of PI Telecom Infrastructure T, L.L.C.for a Conditional Use Permit(communications tower-monopole)on property located at 2824 Princess Anne Road, District 7, Princess Anne. GPIN: 14944687550000. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Parallel Infrastructure, Proposed 120' Monopole In A New Fenced Compound,Virginia Beach Municipal Complex#2," prepared by BC Architects/Engineers, dated February 18,2015,which plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Subject to the submission of a full structural report that shall be submitted during final site plan review,the tower shall be designed to accommodate a total of four users in order to provide for future co-location opportunities. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 4. As required by Section 202 of the City Zoning Ordinance,the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation office (FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 5. The species of the plant material installed on the property as shown on the exhibit entitled, "Landscaping Plan,Virginia Beach Municipal Complex#2," shall be subject to the approval of the Development Services Center, Landscape Architect. Any modifications to the Landscaping Plan, as required by the Landscape Architect shall be depicted on the final plan. In the event that any of the plant material required by section 232(b) (8) (i)of the City of Virginia Beach Zoning Ordinance dies or becomes diseased, said plant material shall be replaced with the same species or a species approved by the Development Services Center, Landscape Architect. All plant material shall be properly maintained and allowed to grow to a height so as to provide an effective screen of the compound's fence and equipment. 6. To the degree practicable,the applicant shall preserve the mature trees on the site as much as possible, in lieu of clearing and re-planting trees. Item#3 PI Telecom Infrastructure T, L.L.C. Page 2 A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 3. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 3 by consent. Lisa Murphy appeared before the Commission on behalf of the applicant. CI.1 7..... -----)-- .._,,,,„ . V u , NIotr.tti a 4:5 ‘ c (1.) -rte ` •a Ri CO to _ L. a J 0 t. m \ Ns \ ..c } V V \ • ,' 0 4 1 Q `� 4, g g 1 r --" 111 1 to 111 „, \ •.. ..--------t C -1. = ttoh 1iUT1CNIN , W I "'•„.. \ \ 00g i i m N 1, m V Cr N t� 0 ti.- U. 1 1 \\4 \ -.'' *”. ' 4 I— U i � ,` •T i U Q W ,, CO g V ..[ „05 11?4?.;), f `t�V ` wCJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LARAE TUCKER[Applicant] MARJORIE E. HARRIS, RT [Owner], Conditional Use Permit (Automobile Service Station), 2456 Virginia Beach Blvd (GPIN 1497852236). COUNCIL DISTRICT— BEACH MEETING DATE: October 20, 2015 • Background: The site was developed with a service station and car wash in 1972 and has been continuously used as such until the past year. The applicant desires to demolish the existing commercial building and redevelop the site. • Considerations: A Conditional Use Permit is being requested for a 3,030 square foot convenience store with eight fueling stations. Because this site is located within the Lynnhaven Strategic Growth Area, the applicant has offered a more pedestrian-friendly `urban-like' design by placing the building closer to the street and the fuel pumps and canopy on the interior of the site. Additionally, the applicant introduced design elements on each side of the building that provide an appearance of storefronts on each façade. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with one member absent, to recommend approval of this request to the City Council with the following conditions: 1. The site shall be developed in substantial conformance with the submitted Plan entitled "HUTTON LANE, PRELIMINARY LAYOUT PLAN," dated June 30, 2015, prepared by Blakeway Corp. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The buildings and the fueling area canopy shall be developed in substantial conformance with the submitted elevation drawings entitled "7-ELEVEN STORE 2456 VIRGINIA BEACH BLVD., VIRGINIA BEACH, VA 23454" dated 6/25/15 and revised 8/13/15, prepared by K2M Design. Said elevation drawings have been exhibited to the City Council and are on file in the City of Virginia Beach Larae Tucker 2456 Virginia Beach Boulevard Page 2 of 3 Planning Department. 3. Unless otherwise limited by the provisions of the Zoning Ordinance, signage for the site shall be limited to: a. Directional Signs b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set on a brick base to match the base brick of the building and two (2) building and/or canopy signs. c. Striping on canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 4. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the plant materials shall be installed in substantial conformance with the Plan referenced in Condition 1 above. 5. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 6. No outdoor vending machines and/or display of merchandise shall be permitted. 7. Designated bicycle parking shall be provided at a location easily accessible to the entrance to the convenience store. 8. Any vacuum or air pump machines shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 9. Any mechanical equipment, including utility transmission and meter boxes on the facades facing Hutton Lane and Virginia Beach Boulevard shall be painted in the same color as the façade on which the box is mounted (to the extend allowed by the equipment owner). Said equipment and/or utility boxes shall be screened by landscaping specifically planted for that purpose. Such plantings shall be shown and identified on the Landscape Plan submitted during the Development Review Process. 1 11 Larae Tucker 2456 Virginia Beach Boulevard Page 3 of 3 10.As provided for by Section 221(i) of the Zoning Ordinance, upon finding that there is good cause shown and that there will be no significant detrimental effects on surrounding properties, permit deviations from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202 (b), the front yard setback on Virginia Beach Boulevard is set at ten feet and the side yard setback adjacent to Hutton Lane is set at five feet. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. riiir./...s..'4 Submitting Department/Agency: Planning Departm City Manager. k ;z:!ebc)12.. BEACH DISTRICT-2456 Virginia Beach Blvd Larae Tucker r � „ if r "pa September 9, 2015 Public ". 9 Be�c*souteva'd Hearin ../ _ vire, APPLICANT: >TS dB DNL Alan' 75 d6 DNL AKUI LA RA E TUCKER API I QTS dB DN1AKU2 PROPERTY OWNER: 5 API' MARJORIE E. HARRIS, RT Conditional Use Permit(fuel Soles with canvenlenae Store) STAFF PLANNER: Stephen J. White REQUEST: Conditional Use Permit for fuel sales with convenience store ADDRESS/DESCRIPTION: 2456 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: 14978522360000 BEACH AICUZ: 29,662 square feet > 75 dB DNL 4 BACKGROUND / DETAILS OF PROPOSAL Background The subject site is located at the northeastern corner of the intersection of Virginia Beach Boulevard and Hutton Lane, and is zoned B-2 Community Business. The site was developed with a service station and car wash in 1972 and has been continuously used as such until the past year. The applicant proposes to redevelop the site by demolishing all of the existing structures, clearing the site, filling the site as needed to meet the requirements of the Floodplain Ordinance, and then developing the site in accordance with the submitted site plan and building elevations, which depict a convenience store with fuel pumps. To redevelop the site as proposed, a Conditional Use Permit is required; therefore, the applicant has submitted this request. Details The submitted plan shows development of the site with a 3,030 square-foot convenience store and fueling area. The fueling area will consist of four fuel pumps, providing a total of eight fueling stations, and will be covered by a 36'x50' canopy. The site will be developed in a configuration that is atypical of convenience stores with fuel pumps, as the proposed convenience store will be located in the southwest LARAE TUCKER Agenda Item 6 Page 1 corner of the site, adjacent to the intersection of Hutton Lane and Virginia Beach Boulevard, and the fueling area will be located at the center of the site. This 'reverse configuration' is primarily due to the site's location within the Lynnhaven Strategic Growth Area (SGA), which recommends buildings be as close to the roadway as possible to encourage pedestrian movement through the area and to enhance the aesthetics of the roadway corridor. There are currently three vehicular access points for the site: one located on Virginia Beach Boulevard and two located on Hutton Lane. The submitted site plan depicts two access points for the site. There will be one on Virginia Beach Boulevard where the existing access point is located. The second will be located on Hutton Lane where the northernmost of the two existing access points is located. In addition to the vehicular access on Virginia Beach Boulevard, the site plan shows a sidewalk leading from the storefront to the sidewalk on Virginia Beach Boulevard. The submitted building elevations depict a one-story, 3,030 square-foot, 7-Eleven convenience store. The three exterior walls are equal with regard to exterior design style and materials. The 'front' of the building, facing in toward the site, features a standard storefront with a canopy above. Approximately 14 feet from each end of the façade, the wall projects outward slightly and increases in height three feet, providing some visual interest to the building. The two facades facing Hutton Lane and Virginia Beach Boulevard feature a spandrel storefront window system, which will significantly reduce the appearance of those sides of the building as being the 'rear' of the building. These facades also feature the same slight projection and vertical rise as the front of the store does. These two facades have a setback from the two right-of-way lines of ten feet and five feet. The submitted site plan indicates that the side of the building facing Hutton Lane has a five-foot setback, but it does not appear that there are any structures actually located at that setback. The majority of the building walls are located 15 to 20 feet from the roadways; the closest point of the exterior to the right-of-way line is at the rear corner of the building, which is at the ten- foot setback. Extensive landscape plantings between these walls of the buildings will further soften the appearance. The primary exterior material is brick. The darkest brick, which is the color of traditional red-tinted brick, will be used at the base of the building to a height of 3'-4". A second band (six rows high)of the same color brick will be located above the storefront level, 7'-4"from the top of the base level brick. The majority of the remaining exterior wall areas will consist of a lighter-colored brick that has a grayish tint. The darker brick is also used to create quoin accents at the corners of the building. The darker brick is laid in bands that alternate with lighter brick, with the darker brick projecting slightly from the main facade. The top of the building is also capped with a band of the darker brick. The support structures of the fuel canopy will be wrapped in brick to match the building. The submitted site plan shows a monument-style freestanding sign located at the Virginia Beach Boulevard access. The sign will match the building with respect to exterior building materials. Additional signage is proposed on the fuel canopy and the building. Based on the sign allowances in the Zoning Ordinance, the number and size of signs shown on the submitted building elevations appear to exceed what is permitted. The applicant will need to consult with the appropriate member of the Zoning Office to address this issue. LARAE TUCKER Agenda Item 6 Page 2 4 0 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Former service station SURROUNDING LAND North: • Mini-warehouse facility/ 1-1 Industrial District USE AND ZONING: South: • Virginia Beach Boulevard • Retail /Conditional B-2 Business District East: • Retail/ B-2 Business District West: • Hutton Lane • Retail / B-2 Business District NATURAL RESOURCE AND The site is completely impervious. There are no known significant CULTURAL FEATURES: cultural features associated with this site. The portion of the site closest to the intersection is located in Floodplain Zone AE, and the development will have to comply with the Floodplain Ordinance regulations and all associated requirements. The applicant has met with the Planning Department's Floodplain Manager to discuss the various alternatives for meeting those requirements. COMPREHENSIVE PLAN: This property is located in the Lynnhaven Strategic Growth Area(SGA)as identified by the 2009 Comprehensive Plan and the Lynnhaven SGA Master Plan, adopted April 24, 2012. The plan calls for"Riverfront Development"for this area, with commercial and office uses that can capitalize on riverfront views and outdoor space, (p.53). The Building Heights Plan recommends building heights up to five stories, which is the tallest of recommended building heights in the Lynnhaven SGA, (p. 47). The property is also in the highest AICUZ and just outside of Accident Potential Zone 2; so, residential uses are not appropriate. 4 • IMPACT ON CITY SERVICES TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 45,000 ADT ' 56,240 ADT '(LOS 4"D") - Existing (Previous) Land Use 2 Boulevard 2015 Capacity — 1,834 ADT ( ) 64,260 ADT I (LOS 4"E") (143 AM peak hour trips,and 167 PM peak hour trips) No counts 9,900 ADT 1(LOS 4"D")- Proposed Land Use 3-2,562 Hutton Lane ADT available capacity (133 AM peak hour trips,and 181 PM peak hour trips) LARAE TUCKER Agenda Item 6 Page 3 l Average Daily Trips 2 as defined by 12-fueling position gas station with car wash and small convenience market sales 3 as defined by 3,030 ft2 convenience market with 8 vehicle fueling positions 4 LOS=Level of Service Comments: 1. The entrance on Hutton Lane does not satisfy the requirement set in Section 3.10.3(e)of the Public Works Standards that commercial entrances have a minimum 30' distance from the right- of-way line to the first internal aisleway or parking space. For that reason, the northwestern-most parking space in front of the store should be removed. This will be addressed during development site plan review. 2. The Hutton Lane entrance appears to accommodate left turns by exiting fuel trucks; this is a requirement that will be verified during the site plan review process to ensure that fuel trucks do not need to use Oconee Avenue and the traffic signal at Byrd Lane and Virginia Beach Boulevard. 3. Right turn lanes will not be required for this site. WATER&SEWER: This site is already connected to the City water and sanitary sewer system. The existing 2-inch meter may be used or upgraded to accommodate the proposed development. Sewer and pump station analysis for Pump Station 254 will be required to determine if future flows can be accommodated. • • EVALUATION AND RECOMMENDATION Staff recommends approval of this request. Based on the long term vision and the 'Development Standards' of the Lynnhaven SGA Plan, this use and the design as submitted is not consistent with that vision. The SGA Plan envisions mid-rise buildings with commercial and office uses that can capitalize on riverfront views and outdoor space. The current reality, however, is that without the subject site being consolidated with adjacent parcels, it is not possible to create a significantly large site that would allow for development of a multi-story office building that can take advantage of waterfront views. Based on the applicant's discussions with Staff, the applicant has offered a more pedestrian-friendly 'urban-like' design by placing the building closer to the street and the fuel pumps and canopy on the interior of the site. Additionally, the applicant introduced design elements on each side of the building that provide an appearance of storefronts on each façade. In sum, the proposed development provides the redevelopment of a distressed site and introduces a site and building design that is in greater consistency with the recommendations of the Comprehensive Plan. Staff, therefore, recommends approval with the conditions below. LARAE TUCKER Agenda Item 6 Page 4 4 6 CONDITIONS 1. The site shall be developed in substantial conformance with the submitted Plan entitled "HUTTON LANE, PRELIMINARY LAYOUT PLAN," dated June 30, 2015, prepared by Blakeway Corp. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The buildings and the fueling area canopy shall be developed in substantial conformance with the submitted elevation drawings entitled "7-ELEVEN STORE 2456 VIRGINIA BEACH BLVD., VIRGINIA BEACH, VA 23454"dated 6/25/15 and revised 8/13/15, prepared by K2M Design. Said elevation drawings have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 3. Unless otherwise limited by the provisions of the Zoning Ordinance, signage for the site shall be limited to: a. Directional Signs b. One(1) monument-style freestanding sign, no more than eight(8)feet in height, set on a brick base to match the base brick of the building and two(2) building and/or canopy signs. c. Striping on canopy shall be limited to ten (10)feet on each side of the canopy or one- quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 4. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the plant materials shall be installed in substantial conformance with the Plan referenced in Condition 1 above. 5. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245(e)of the City Zoning Ordinance. 6. No outdoor vending machines and/or display of merchandise shall be permitted. 7. Designated bicycle parking shall be provided at a location easily accessible to the entrance to the convenience store. 8. Any vacuum or air pump machines shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 9. Any mechanical equipment, including utility transmission and meter boxes on the facades facing Hutton Lane and Virginia Beach Boulevard shall be painted in the same color as the façade on which the box is mounted (to the extend allowed by the equipment owner). Said equipment and/or utility boxes shall be screened by landscaping specifically planted for that purpose. Such plantings shall be shown and identified on the Landscape Plan submitted during the Development Review Process. LARAE TUCKER Agenda Item 6 Page 5 10. As provided for by Section 221(i)of the Zoning Ordinance, upon finding that there is good cause shown and that there will be no significant detrimental effects on surrounding properties, permit deviations from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202(b), the front yard setback on Virginia Beach Boulevard is set at ten feet and the side yard setback adjacent to Hutton Lane is set at five feet. 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. LARAE TUCKER Agenda Item 6 Page 6 t:5, 7..". . i - . 1 1 it 9 . I : , f ' ...., I ; i. i , ,_ ,. It 3 1 ., 7 * ,..111110111.11•Neak. op, '. Mir '', ' AC 1 0 (‘: CLI . 3 , . i s „ .... - . ...., -.... ..„ — •,.. H . , . . , , • ___ . .. . . . , ...- -.._ - r . . ------------1 .- . .....,. ' , • .. , ,° .. , .. ., ,,,......,-, Tu_r. 0 ..0• • 'H. . . . . . . . .. , ..t: '-•.:‘ ./ Hutton Lane , ituai AERIAL OF SITE LOCATION LARAE TUCKER Agenda Item 6 Page 7 3NV1 NOJJ.C1H 3NV1 NOJJ.11H ..:•:-.'="t.:'• u.1 Z : NYId1110AY1AliVNIVII'Nd S-i '': :.AIU z am efrivAriaviiileig- w - V 314s"tiOnf ti , R i , 6 11 H .,- I I . ii iiin 11:'5A AI 01. 10 .,., . -_,...., 4„,,,,I,,ti alltataillgO,-' P I . 1 ''''':•.• ' " 1P '4 ' 1 • 1 1 i. 40010 ,,;,,,, 42,...,71.; 4:, .,: *7,7.7 • ., :i pis! i i I li ii-i ' kit.; 1 fi li\ ' ' • . '',„49'.-:'' 147•2;... t iil' :1,"..,Z h WI, 1 J i„., . • Y,,..„ 4-,,,,,,7 litoft,, Ili ki 2 vi iipi , •,,,kr-ir i ;11 • :z -1;tt'*•IttakFlik I I 4 iiiiii it ;I -i .' —.v,.*,-'',.-,4,- .•.4.: ',' . Ne„„ ' w ..,7.*;.!.is 1 i. / ' • '-'-'''\",'-' ' ' 147 ';48 • W HAI g;1; • i. *,- - , , '-, \", ' _7___Z.!T,,,,;•.-0:!:... ., '- _. . ..tm- . ......74.A.1..........!'%',3413. \\NN, .. . :' t ,-....1 i' i 0 ,, .. „ _.• . -.., ...... . • - liffla *, 1 1 I i 3 i 1 If 1 1, f ' i 1h l;f : I I i i- I b 1 ' i!, !I iri Wit II!! 1!li I Iii 10111Ji i) 4 h .i • *ri — i C . f 1 - ) 1 PROPOSED SITE PLAN LARAE TUCKER Agenda Item 6 Page 8 I I ' mow xi 3>rolkinos : ,,.• ; i:l,11.1: . , ; 0/119 1360 10 3111-4MNIMS LAZI: . 0-t. NO11311aLSNO31V91.1113A .. u., A. I I 31 3411'I.', st..stz an 1-10V32 VINi9en t : i ;':'; i !it 1,1"t!li i 1 '`: -K.1,1< CIAlti NOV313 VINInnA 9cOL 1 'i •••• ••• E.i 1 0 CV Cr 2, 0 • ©' ii, in 01 1 .......__ , Z 1 1 fi P E Z 0 omm•m• t q fi 1 OL- - 8 i' 11111 0 2 A 1 111111 i g! 1 i D 0 n.. i CO 6 1 L • . A 2 . . _t w i , 4 , UI e i', [ , ,..zaitak.m,--ig .„, .., . .r., ,,,,, ! ' ' t In n 0 . NEN 2 i ' IIIII III .• g i i, g, ilia 41 fi I' , 1, II I 0 z ..,........ _ ,,,. it. p, — :1(2 IN tf a I a- ; tc I T i i II z 11. 2 0 . .= w ., w F....I annaiilin ": Ei W' — z t. 0 1 , 0 — ,!. 1 IBM l' ,,,• 01 .! 1E1 — >, .. I d, e 1 Emu el li •i : , t —7 1 - : § ! t tilt' Kill.. X il 3 I 3 1 i.,:i Pg w 2 ii ii I i i i i x I , i. .. . . i ,, ...I 4 ,„ 1 ic); 0! I i ilDli • 11111011:0 w w I= 1- 1,-,,i .!,,-, :.;II i i !,;:i 1,.. ,. ,•. 1 w, 1' e ! „ i ... , , ,.......,,..,... PROPOSED BUILDING ELEVATIONS LARAE TUCKER Agenda Item 6 Page 9 BEACH DISTRICT—2456 Virginia Beach Blvd Larae Tucker N ba p4' ` Iffis h goutevard . Virginia Beach n i CCN BLVD - 75 dB DNL AICUZ > 75 dB DNL AICUZ -o al APZ 20 z d^ ;: S/ 3 / X75 dB DNL AICUZ APZ1 • j �i _ ---- .' r A 6 Conditional Use Permit(Fuel Sales with Convenience Store) 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 03/25/1997 CUP(Automobile Repair Garage) Approved 2 04/10/2001 CRZ(I-1 Industrial to Conditional B-2 Business) Approved CUP (Fuel Sales with Convenience Store) Approved 3 05/23/2000 CRZ(I-1 Industrial to Conditional B-2 Business) Approved 4 07/06/2004 SVR Approved 05/05/2007 CUP(Private Pier) Approved ZONING HISTORY LARAE TUCKER Agenda Item 6 Page 10 .Viii Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 1 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. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or I 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 the application(s).‘g] V APPLICANT NOTIFIED OF HEARINGDATE: NII CHANGES AS OF DATE: r1- - REVISIONS SUBMITTED DATE: DISCLOSURE STATEMENT LARAE TUCKER Agenda Item 6 Page 11 ba 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) Larae Tucker (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. 02 Check here if the PROPERTY OWNER IS NOTa 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) Marjorie E Hams Eric A Harris (8) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 3EAcl (Zac. Lic.. The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT LARAE TUCKER Agenda Item 6 Page 12 .yd Virginia Beach Beach Robo Inc. "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of Jones CPA Gimp your tax return nArchitect/Landscape Architect/ K2M Architects Land Planner 121 Contract Purchaser(if other than 7-Eleven,Inc. the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed N/A C ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I I Construction Contractors TBD Engineers/Surveyors Blakeway Corporation The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT LARAE TUCKER Agenda Item 6 Page 13 il1/413,„ Virginia Beach Financing(include current Oconee Mobile Home Park,LLC I/VI n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1In Legal Services LeClaire Ryan Real Estate Brokers/Agents for Dynamic Commerical Real Estate Advisors Mn current and anticipated future Michael I Roach 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 n z 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 meet'ng of any public y or committee in connection with this Application. Larae Tucker 6/2-iic APPLICANT'S SIGNATURE PRINT NAME DATE Marjorie E Harris t'` ' (C., 44_i;,vk y 6-t8-15 PROPS OWNER'S SIGNATURE• PRINT NAME j 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. DISCLOSURE STATEMENT LARAE TUCKER Agenda Item 6 Page 14 Item#6 Larae Tucker Conditional Use Permit 2456 Virginia Beach Boulevard District 6 Beach September 9,2015 CONSENT An application of Larae Tucker for a Conditional Use Permit for fuel sales with convenience store on property located at 2456 Virginia Beach Boulevard, District 6, Beach. GPIN: 14978522360000. CONDITIONS 1. The site shall be developed in substantial conformance with the submitted Plan entitled "HUTTON LANE, PRELIMINARY LAYOUT PLAN," dated June 30, 2015, prepared by Blakeway Corp.Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The buildings and the fueling area canopy shall be developed in substantial conformance with the submitted elevation drawings entitled "7-ELEVEN STORE 2456 VIRGINIA BEACH BLVD.,VIRGINIA BEACH,VA 23454" dated 6/25/15 and revised 8/13/15, prepared by K2M Design.Said elevation drawings have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 3. Unless otherwise limited by the provisions of the Zoning Ordinance, signage for the site shall be limited to: a. Directional Signs b. One(1) monument-style freestanding sign, no more than eight(8)feet in height,set on a brick base to match the base brick of the building and two(2) building and/or canopy signs. c. Striping on canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter of the length of each side.Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs,or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 4. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards,the plant materials shall be installed in substantial conformance with the Plan referenced in Condition 1 above. 5. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245(e)of the City Zoning Ordinance. 6. No outdoor vending machines and/or display of merchandise shall be permitted. 7. Designated bicycle parking shall be provided at a location easily accessible to the entrance to the convenience store. Item#7 Allsafe Storage, L.L.0 Page 2 8. Any vacuum or air pump machines shall be screened with evergreen plant material,of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 9. Any mechanical equipment, including utility transmission and meter boxes on the facades facing Hutton Lane and Virginia Beach Boulevard shall be painted in the same color as the facade on which the box is mounted (to the extent allowed by the equipment owner). Said equipment and/or utility boxes shall be screened by landscaping specifically planted for that purpose.Such plantings shall be shown and identified on the Landscape Plan submitted during the Development Review Process. 10. As provided for by Section 221(i)of the Zoning Ordinance, upon finding that there is good cause shown and that there will be no significant detrimental effects on surrounding properties, permit deviations from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions,except as provided in Section 202 (b),the front yard setback on Virginia Beach Boulevard is set at ten feet and the side yard setback adjacent to Hutton Lane is set at five feet. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 6. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 6 by consent. Jean Mumm appeared before the Commission on behalf of the applicant. 5 ' ice.+ r 4.0 ,t IA 7— ..i E" `- II in " -, , , � _. — tA asµorn�r w rxJ+ ,,C In _--`- +., C cs j ,C1 ii_ w .� VSU„s� ki '10 II 4 El z 44 0 } IA \\\\ - \ 0-tts , , \ . \ -6 ..Q s -� - -� IA , , \ \ li W L o CO 0 3 NC* \--- ••••.... W \\,.._ +.+ v �, a 1 �' 1100, cts1 4t-- Y4. ti N V X Q1 M cu . A ” Roa Ne\an o \ ca O ms s'' t i c y_r __ C \ Ln ad --- Ln N I g Cok°r.1a� Ro V j, Orst I- IX Z \ \ i C) i Uc Q A \ ‘4, :1 W CO [ 1•roc , Qc y. 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAL-MART REAL ESTATE BUSINESS TRUST [Applicant] HILLTOP COPELAND ASSOCIATES [Owner], Conditional Use Permit (Automobile Repair Establishment), 550 First Colonial Road (GPIN 2407876655). COUNCIL DISTRICT— BEACH. MEETING DATE: October 20, 2015 • Background: The subject site is zoned B-2 Business District and has been occupied by a K- Mart retail store, which recently ceased operation at this location. The applicant has contracted with the property owner to occupy the space. Changes include interior and exterior maintenance and renovation, as well as a complete refinish of the exterior of the building to reflect the image associated with Wal-Mart stores. • Considerations: Although the majority of renovation work is allowed by right, the applicant is requesting a Conditional Use Permit to allow a 3,850 square foot automobile repair establishment. The placement of the facility at the southwest corner of the building minimizes its visibility from First Colonial Road. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with one member absent, to recommend approval of this request to the City Council with the following conditions: 1. The automobile repair facility shall be located on the site and within the building substantially as shown on the plan titled "Conditional Use Permit for Walmart," prepared by Bohler Engineering, and dated 5/28/15. 2. The exterior appearance of the automobile repair facility shall be substantially as shown on the drawing labeled "Right Elevation" on the submitted architectural sheet titled "Walmart, Virginia Beach (NE), VA#5922 (Take Over) Proposed Elevation with TLE," prepared by P+R Architects, and dated June 12, 2015. Wal-Mart Page 2 of 2 3. There shall be no display or storage of parts or tires outside of the building at any time. 4. There shall be no repair of vehicles outside of the building at any time. • 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 Departm City Manager: "� • ::55743"—• BEACH DISTRICT-HO HrA Colonial Road lx.309) Wal-Mart Real Estate Business Trust 8 • \ \\, ',t ___---:.-_-__=:-------___- f` L__ September 9, 2015 Public Hearing n DM Amen ___\ %°`"` APPLICANT: '' WAL-MART REAL $I. -- ESTATE BUSINESS a _ TRUST ›naeoHuucuz ' ,....x-26" ' ,----, ''� I I PROPERTY OWNER: . ! -j "�`I", HILLTOP COPELAND Conditional Ust Permit(Automobile Repair Establishment) ASSOCIATES STAFF PLANNER: Stephen J.White REQUEST: Conditional Use Permit for automobile repair establishment ADDRESS/DESCRIPTION: 550 First Colonial Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24078766550000 BEACH 11.78 acres > 75 dB DNL CUP AREA: 3,850 square feet • • BACKGROUND / DETAILS OF PROPOSAL Background The subject site is zoned B-2 Business and has been occupied by a K-Mart retail store, which recently ceased operation at this location. The applicant has contracted with the property owner to occupy the space. Changes to the site will be minimal, except for numerous interior and exterior maintenance and renovation actions, as well as a complete refinish of the exterior of the building to reflect the image associated with Wal-Mart stores. The work being done to the site is allowed as a matter of right, with the exception of an automobile repair facility that will be located at the southwestern corner of the building. A Conditional Use Permit is required for automobile repair establishments in the B-2 Business District. Details The proposed automobile repair center will be located within a 3,850 square foot space toward the rear of the store. The exterior access to the facility will be located on the southwest side of the building. There will be three overhead garage doors. Two will be at a height for passenger vehicles, and one will be at a WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 1 height for larger commercial-size trucks. Customers of the repair center will access the facility through a canopied storefront located to the north of the garage doors. The storefront will include the entrance door and three storefront windows. The storefront area will be emphasized on the facade through the use of a dark split-face CMU block, which will contrast well with the lighter beige EIFS on either side of the storefront. The storefront area will also project outward from the wall and will rise above the main roof level, providing even more emphasis. There are three stacking lanes shown on the submitted site plan, and each lane leads to one of the garage doors. The plan also depicts the addition of parking spaces adjacent to the automobile repair center in the area where K-Mart's garden center was located. An ADA-accessible parking space will be located closest to the repair facility, and the site plan shows a marked walkway leading from the space to the storefront. The repair center will provide tire replacement and repair, as well as oil changes, battery replacement, and other light automobile service. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant building (formerly used as retail store)and associate parking lot SURROUNDING LAND North: • Donna Drive USE AND ZONING: • Retail and Restaurant/B-2 Business District South: • Interstate 264 East: • Mini-warehouse units/B-2 Business District West: • Car wash facility;fast-food restaurant/B-2 Business District • First Colonial Road NATURAL RESOURCE AND The site is completely impervious, with the exception of landscape CULTURAL FEATURES: islands in the parking lot. There are no known cultural features of 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 provides special recommendations for this area of the SGA, referring to it as the"Kmart Block"(pp. 42 and 43, Hilltop SGA Plan). The Plan recommends an incremental three-phase approach toward the creation of urban blocks developing between the Kmart store and Laskin Road. During each phase, different parts of the large parking area in front of the store would be transformed into developable urban blocks until, when the final phase is reached, the entire parking area consists of urban blocks. WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 2 4 • IMPACT ON CITY SERVICES There will be no significant impact on City services as a result of an automobile repair center being included as part of the renovation of this store. 4 EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The proposed automobile repair center consists of 3,850 square feet of a 150,000 square foot retail store. The placement of the facility on the site, at the southwest corner of the building, minimizes its visibility from First Colonial Road. Even though its visibility is minimal, the exterior of the center is designed such that it resembles a store separate from the Wal- Mart. The surrounding area consists of commercial uses, ensuring the facility is compatible. In sum, Staff recommends approval with the conditions below. 4 CONDITIONS 1. The automobile repair facility shall be located on the site and within the building substantially as shown on the plan titled "Conditional Use Permit for Walmart," prepared by Bohler Engineering, and dated 5/28/15. 2. The exterior appearance of the automobile repair facility shall be substantially as shown on the drawing labeled "Right Elevation"on the submitted architectural sheet titled "Walmart, Virginia Beach (NE), VA#5922(Take Over) Proposed Elevation with TLE," prepared by P+R Architects, and dated June 12, 2015. 3. There shall be no display or storage of parts or tires outside of the building at any time. 4. There shall be no repair of vehicles outside of the building at any time. WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 3 NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ 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. WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 4 .• 0\ \_ , it tilt , g d N 4;',Ci. \ I . - -.E S. t. I,' a) a t. �. TT � .' to r ,,, . . �. 0' x r , d 4....,,, . . ,,;:-•-•. - -- .'.-- ' _ --.--, \(f...-;.- . ..."0---:.• • lip . , ,,,,,__,,,,,:,, 54 t , '1, , --; '' . - - \ ‘o r AERIAL OF SITE LOCATION WAL-MART REAL ESTATE BUSINESS TRUST Hill Agenda Item 8 Page 5 I I I I • „ ,..., f^ il .. ;,•,.v t ,...4 la H— .4p § r , ,,:il a — •:.T..*::z: —::.^—r.-: i—: H '_ . . .. , •L.,!,,,,!7 ..., u ,.,_ It, 1 1222111111110112 pre _Y-t 7-3 , ,- - I . ' :0, ..:r., ? 2111H0q Lti l',. I . • .,i:!: 9 .ffi,r,'E= Vs E; ' ' , ----- • gi i! —4- us \ ,... -- 1-.5q4 ..„ \ 's ..-------14\ ... ..„... , s,. SEE NEXT PAGE 1g , 1 Ai \ '',..V _.-1-... ..:-'---- , ,_ •,,,,,, \ . -.-ai„,_.„..:-. ,...,„ , ,._2: v ..• fts E, Ig!ft --.-. ".., A \ A . j---": 7..,:f t.L -----"T"-- \ V- \ \ • - till* q: , t 1 ,--...,7.-.' ._...• g,,,A.!'‘Akk\S iiii.k/ ' 'i ' i,,'"'"r''''''''Ci'---\''.. . , ' .„. ' . .,., iP . .. \ „ . -,'-r ---0--', SITE LAYOUT , 1 WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 6 '� - -V I....2 111.JVLL. 1,1.1., al Via .d 11� ,1 ' , i k , (;) ..,,,,.',.,„., ..r .„,r,it,-‘.- , ,0 41'LI x 1 w -: -„....-A ,,,, \ Wa I 1 Su -- %�� ' 6�,`y' _ ,1� --EXTENTS OF EXISTING - ' „et . l liplpllpo. OUTDOOR GARDEN CENTERSi - ' -. !:' I --- \�% t (TO BE REMOVED) "A-k- t GROSS LEA; -- / \':71_,%T ; TOTAL LEAS f r \ 1 '��1 _ _ 1, ,► t, TLE VESTIBULE 1 .N' -IA.• ;Ili' ``1� A . TLE 3,850 SF± }k. ..... '"� �!-,�'• TLE CAGE TO r _ - i BE RELOCATE 1 �y ,. , � . ' '-- lir..., . Itor.,... 100.00,.,, , , _v_ '----ttr`' --- ',, *"\\v'\'''''''' \ \---? .,,.,-,1 tii\Y- ✓ \ �� -9. , ,, is.:. ; '.�� /.i ....90-..-- ,1. � .. `iii - _ - "�.• ' - 05_ L 01 i I'', '•\Ik,--L18 PLAN FOR AREA OF PROPOSED REPAIR FACILITY CP- -,A B "C:. WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 7 ',-;_' F OLRN QSI �4 3-. 4 $7� Y I I IR 3 d I J H IIND d B ,_ �l ic i 1 ISI E LthL I.' ll I I _ _� 3 lg ilb , Is tll_ I I Is A I j li I refsil,CO I • i a. 11 9 ► he,.EEi 1 ; E F i F d 3 j .� S F4 E�t S�t i�gsi u i l eQ ti -7, Li d' kp i i # pc 3 nim 91 Itti a ' dS:3 d€ d�I k iiini — r ; y3e, 1 il 3��' g3 a s 3s3c �� cit w s e r i CAy P p ill `1 9; I . 8d 3 _ __ C F C !$X I gq r „ ,,al Fid !�1 44 {{ S$c i$f fp C?i is i $t 5 8�a ;3 e1 $ I l o i : I , ^ 4 "' F hl 6 s i 3 _ 9 i i•—• ' _ l dj id E '.1a,fti ; da is ! Ti4 6'3:i$f I_i Ftli till lY e' /OP — i3 A "d ■ Y1 :3 1 $ tl 9s ill/ I f- ' l g# B t j +— ■ I W a 5l I ` i t t$ r(' I a I1 •i i!f H .3 ��i3� 'gP a8 v F In sep °3: fj o IPe g `1 4p AL, II 1 z 3p�$tIII $ ryI W W g999999p w I „ 2 ELEVATION DRAWINGS OF EXTERIOR OF WALMART STORE POST-RENOVATION WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 8 r-,O O 0 Ilki0$egiI gggt0i ` � 111!!11 III 0i1 11111111 l3 .., 6..:/1 • 111 ' 111111 0 111111 il1i11 8 Imo t= om . 'AO . z ill o 1 - i, I ti. j,/i .K, i ELEVATION DRAWINGS OF EXTERIOR OF AUTO CENTER WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 9 h s s t aFt � 7 g 1I S weesmcm . i t I i to S E 1 O a Y i' H a }i .. S } x I w Z_ j4 m j fo —- a 4 N f .`. t►1 ', i o .R , as j I a ?1a RENDERING OF FUTURE FRONT FACADE OF WALMART WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 10 I I - I N I 1 Vit. � �,•-�`?;�--. i r ° �; *� •1 D LLJ VI I m '{ �t 4 I D iQ yp , c I 3 i',/ sN r i r, i ", a f" i a - s a Ilt ' ito c , b 2 i J A C i i c C a_1 #i} v t. F cS Ir._ f t r T �' _ i It p - , t I i , , ,..i. : • c 1 .• i t F \J I', F Ii cd a li Y a RENDERING OF NORTHWEST CORNER OF WALMART EXTERIOR (Showing Repair Center on West Façade) WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 11 € 11171117 BEACH DISTRICT— 550 First Colonial Road(Ste 309) Wal-Mart Real Estate Business Trust \ 0 A, .„K„ as 2 c _— °"”" 73 1 03 Dorm *ye prive x 75 d, DNL AICUZ 3 T n0,04"' 4 Nw n' .n t , 3 0 lc--- 0 y % O _. a „,.........'"'"... ."....'"."'-'7 1,-7'...'''''''''''' >75 db DNL AICUZ P �.F'''Pt.a.. XpN 1- , — 14. 4° . gi A61 *, PM AS I Conditional Use Permit(Automobile Repair Establishment) 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 12/07/1999 NON (loading dock ) _ _ Denied 2 10/24/1999 CUP (church ) Granted 3 05/28/1996 CUP (private school expansion ) Granted 4 08/09/1992 REZ(B-2 to A-18) Granted ZONING HISTORY WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 12 I � i 'NB Virginia licat 11 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) 11 Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 ► The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE nCheck 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 Page 1 of 4 DISCLOSURE STATEMENT WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 13 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) Please see attached.—AITk p ..k't""Ac' • (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. 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. El Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. KA A 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) Please see attached.— All34-vtrt ►T''$u (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 14 VB Virginia Beach Please see attached. • 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. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect 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 1 SERVICE I I PROVIDER(useneeded)additional sheets If ❑ Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Perkowitz+Ruth Architects Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser — — and purchaser's service providers Any other pending or proposed 0 ID purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors Bohler Engineering The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 15 Virginia Beach Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Troutman Sanders LLP Real Estate Brokers/Agents for Cushman&Wakefield Thaihimer 111 current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® 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 . , upon receipt of notification that the application has been scheduled publi hearing, I am responsible for updating the information provided herein t eeks .rior to the Planning Commission, Council, VBDA meeting, or meetin any pu• is body or committee iinn connection� withdi � this Application. APPLI NT's SIGNATURE PRINT)9.• E DATE PROPERTY OWNER'S SIGNATURE I PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 16 Virginia Beach Financing(include current ❑ C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Troutman Sanders LLP Real Estate Brokers/Agents for Cushman&Wakefield Thalhimer €: El current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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. APPLICANTS SIGNATURE PRINT NAME DATE ^ n Robert O.Copeland,Mgr of Hilltop-ROC,LLC,General 'o fv o`C)p ,\�O Partner of Hilltop-Copeland Associates,LP PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to Inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 17 Irr-t City of Virginia Beach Disclosure Statement Form Applicant Disclosures Conditional Use Permit Application for Wal-Mart Real Estate Business Trust for Property at 550 First Colonial Road,Virginia Beach,Virginia 23451 1. Names of officers,directors,members,trustees,partners,etc.of Applicant. 1. The Applicant is an affiliate of a publicly-traded company that has numerous officers,directors,members,trustees,partners and shareholders. II. Businesses that have a parent-subsidiary or affiliated business entity relationship with Applicant. 1. Wal-Mart Stores,Inc. 2. Wal-Mart Stores East,LLC 3. WSE Management,LLC 4. WSE Investment LLC 5. Wal-Mart Stores East,LP 6. Wal-Mart Transportation,LLC 7. Wal-Mart.com USA,LLC 8. Wal-Mart Property Co. 9. Wal-Mart Pecos Investment,LLC 10.Wal-Mart Louisiana,LLC 11.Walmart Starco,LLC 12.WMGS Services,LLC 13.Wal-Mart TRS,LLC 14.Wal-Mart Stores Texas,LLC 15.Ft Scott Property,LLC 16.Texas Retail Energy,LLC 17.Wal-Mart Texas Licensing Holdings,LLC 18.WM Lone Star Licensing,LLC 19.Quality Licensing Corp. 20.Sam's West.Inc. 21.Sam's East,Inc. 22.SAM'S SPIRITS,LLC 23.Sam's Property Co. 24.Sam's Real Estate Business Trust 25.Sam's TRS,LLC 26.Green River Spirits LLC 27.Sam's Tobacco LLC 2596 I449s-I DISCLOSURE STATEMENT WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 18 — [ ai -y` 1E fl-111 S pi ii�-�1iOli1iai iiF1 ' II i S 4 11 II _ <I ys'a_ € H rii DISCLOSURE STATEMENT WAL-MART REAL ESTATE BUSINESS TRUST Agenda Item 8 Page 19 Item#8 Wal-Mart Real Estate Business Trust Conditional Use Permit 550 First Colonial Road District 6 Beach September 9,2015 CONSENT An application of Wal-Mart Real Estate Trust for a Conditional Use Permit for automobile repair establishment on property located at 550 First Colonial Road, District 6, Beach. GPIN: 4078766550000. CONDITIONS 1. The automobile repair facility shall be located on the site and within the building substantially as shown on the plan titled "Conditional Use Permit for Walmart," prepared by Bohler Engineering,and dated 5/28/15. 2. The exterior appearance of the automobile repair facility shall be substantially as shown on the drawing labeled "Right Elevation"on the submitted architectural sheet titled "Walmart,Virginia Beach (NE),VA#5922 (Take Over) Proposed Elevation with TLE," prepared by P+R Architects, and dated June 12, 2015. 3. There shall be no display or storage of parts or tires outside of the building at any time. 4. There shall be no repair of vehicles outside of the building at any time. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 8. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 8 by consent. Tom Kleine appeared before the Commission on behalf of the applicant. 1 "II tr."9- a , u 0 0 , N 0 J Q C 4.4 W -0 z ' S N 7i) k..i WC> .0 4.4 Os g ��� �a oc v. m cc' z *****:*,. " ,,�,_ to O .,sa 0 J 8 v... On 0 Z . . g . 4) ^i ,Nrptivr___—_,--,„ , U o .N �` Q ....\`'';'\'' e. w E *c. L' - C 1 >. t ct 'j t U (/ tem" .F> fX F"' V'1 0 LIJJ cLr' Eij CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOLLOMON BROWN FUNERAL HOME, INC. [Applicant & Owner], Conditional Change of Zoning(R-5D Residential Duplex to 0-2 Office), 1461 Kempsville Road (GPIN 1465370172). COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: October 20, 2015 • Background: The applicant proposes to rezone the site, which is zoned R-5D Residential District, to Conditional 0-2 Office District for the purpose of constructing three, one-story office buildings. • Considerations: The concept plan depicts three, single-story office buildings in a "horseshoe" layout with a total of 29,000 square feet of office space. The proffer agreement requires that the new structures be constructed in a manner similar to the attractive brick, colonial-style funeral home to the south, a property also owned by the applicant. The applicant has worked with Staff to reduce traffic conflicts along Kempsville Road and to provide a clear vision of the final layout and architectural design of the buildings. 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 10-0 with one member absent, 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 Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme,i`ip City Manager: l< , , KEMPSVILLE DISTRICT-i46164-4444 HOLLOMON-BROWN FUNERAL HOME 4, • .`f September 9, 2015 Public Hearing ®4 APPLICANT & PROPERTY OWNER: HOLLOMON- BROWN aot.lnd;. FUNERAL HOME, �,.... INC. Change of Zoning(R-SD Residential to Conditional 0-2 Office) STAFF PLANNER: Carolyn A.K. Smith REQUEST: Change of Zoning(R-5D Residential District to Conditional 0-2 Office District) ADDRESS/DESCRIPTION: 1461 Kempsville Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14653701720000 KEMPSVILLE 2.30 acres Less than 65 dB DNL 4 BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to rezone the site, which is zoned R-5D Residential District, to Conditional 0-2 Office District for the purpose of constructing three, one-story office buildings. A deviation to the minimum 20-foot, side yard setback is also requested along two property lines. Details The concept plan depicts three, single-story office buildings in a "horseshoe" layout. The total office space proposed throughout the three buildings is 29,000 square feet.A total of 100 parking spaces are shown on the plan, exceeding the minimum parking requirement of 88 spaces. The internal circulation system also provides cross-parcel vehicular access to the adjoining property to the west. The proffer agreement requires that the new structures be constructed in a similar theme(building materials and color scheme)to the attractive brick, colonial-style funeral home to the south, a property also owned by the applicant. A photograph of the proffered architectural style is provided at the end of this report. Under the 0-2 Office District, structures can be constructed as tall as 75 feet. In order to be complementary in mass and scale with the surrounding residential and one-story commercial uses, the proffer agreement limits the height of the office buildings to 35 feet. A deviation of 10 feet to the side yard Hollomon-Brown Funeral Home, Inc. Agenda Item 1 Page 1 setbacks along the property lines adjacent to the existing office zoned properties, also under ownership of the applicant, is requested. The original submittal proposed two ingress/egress points along Kempsville Road. As a recommendation of Traffic Engineering Staff to minimize the number of traffic conflicts, the layout has been revised to a single ingress/egress point. Although not shown on the submitted concept plan, in order to meet the City of Virginia Beach requirements slight modifications to the entrance design will be required during final site plan review as the typical commercial entrance width for is driveway 30 feet and the entrance radius must be a minimum of 15 feet. While streetscape landscaping is depicted along the Kempsville Road frontage, this portion of the property is within a 15-foot utility easement so adjustments to the species and location of the plant material may be required during final site plan review. Additional plants will likely be required to meet all City of Virginia Beach minimum requirements, for example the installation of foundation plants for the facades facing Kernpsville Road. The required Category IV Screening is depicted along the property line adjacent to the A-12 multi-family dwelling units. A more detailed review of all planting and buffering requirements will be done during site plan review. The proffer agreement also addresses signage and states that any"freestanding signage on the Property shall be limited to one(1) low-level monument style sign which shall not exceed eight feet(8') in height, will be externally lit, and will be constructed using materials of a color and quality that is substantially compatible with that used for the office buildings on the Property. An elevation drawing of the monument style sign shall be submitted to the Planning Director for approval prior to obtaining a permit for its installation." 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single-family dwelling SURROUNDING LAND North: • Offices/0-2 Office District USE AND ZONING: South: • Funeral home/0-1 Office District East: • Kempsville Road • Single-family dwellings/ R-5D Residential District West: • Multi-family dwellings/A-12 Apartment District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are several CULTURAL FEATURES: trees on the property but most of the site exists as grass lawn. There do not appear to be any significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods while reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and Hollomon-Brown Funeral Home, Inc. Agenda Item 1 Page 2 buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2). • • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Kempsville Road is a four-lane divided minor urban arterial road in the vicinity of this site. The MTP proposes a six- lane divided facility with an ultimate right-of-way of 150 feet. A CIP project(2-418) is expected to impact the Indian River Road and Kempsville Road intersection, located in the vicinity of this application. A continuous flow intersection and median U-turn lefts to the east and west of the intersection on Indian River Road are proposed along with many geometric and safety improvements. As part of this project, a new traffic signal will be installed at the intersection of Kempsville Road and Canterford Lane. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Existing Zoning 2- Kempsville Road 34,500 ADT ' 14,800 ADT;(LOS a;C") 138 AD3 27, 400 ADT (LOS "E") Proposed Land Use/Zoning 752 ADT I Average Daily Trips 2 as defined by R-5D zoning 3as defined by 0-2 zoning 4 LOS=Level of Service WATER: This site currently connects to City water. There are two existing 20-inch City water mains along Kempsville Road. There is an existing six-inch City water main along Brenland Circle. The existing 5/8- inch meter may be used or upgraded to accommodate the proposed development. SEWER: City sanitary sewer is not available along Kempsville Road. Health Department approval is required for any septic systems. Private grinder pumps and force main may be an option. City sewer may be available along Brenland Circle. Sewer and pump station analysis for Pump Station#448 is required to determine if future flows can be accommodated. Water and sanitary sewer service must be verified and improved if necessary so that the new buildings will have adequate water pressure, fire protection and sanitary sewer service. Hollomon-Brown Funeral Home,inc. Agenda Item 1 Page 3 4 EVALUATION AND RECOMMENDATION The Conditional Rezoning request from R-5D to 0-2 to develop the site with three, one-story office buildings is generally consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area with regard to compatibility with surroundings. The planning principles for the Suburban Area are reinforced by the 'Special Area Development Guidelines—Suburban Area' of the Comprehensive Plan's Reference Handbook. Staff believes that the majority of these Guidelines are met, particularly with regard to: vehicular and pedestrian access; sufficient plantings, screening and open space; quality site layout, architectural design and signage; and, the provision of stormwater management. As mentioned above, the applicant has worked with Staff to reduce traffic conflicts along Kempsville Road and to provide a clear vision of the final layout and architectural design of the buildings. The deviation to the side yard setbacks, from 20 feet to 10 feet, is, in Staffs opinion, acceptable. The applicant owns each adjoining property and according to the application, the deviation is sought in order to provide additional green space in the interior of the site; thereby breaking up the expanse of asphalt of the parking lot. The rezoning of this piece completes the transition along this small segment of Kempsville Road of R-5D Residentially zoned properties to low-intensity office and neighborhood services uses. Based on Staff's evaluation of the request, as provided above, Staff recommends approval of this request as proffered. • PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled, "Conceptual Site Layout Plan Of Kempsville RD Offices Virginia Beach, Virginia," dated June 23, 2015, and prepared by MSA, P.C. (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The office buildings developed on the Property, when constructed, will be designed in a colonial architectural style, and the color and quality of the roof and other building materials shall be substantially compatible with the Hollomon-Brown Kempsville Chapel, which is depicted on the photograph labeled Hollomon-Brown Kempsville Chapel, dated June 15, 2015, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Hollomon-Brown Funeral Home, Inc. Agenda Item 1 Page 4 PROFFER 3: The office buildings developed on the Property, when constructed, shall not exceed thirty-five(35)feet in height. PROFFER 4: When developed, the freestanding signage on the Property shall be limited to one(1)low-level monument style sign which shall not exceed eight feet (8') in height, will be externally lit, and will be constructed using materials of a color and quality that is substantially compatible with that used for the office buildings on the Property. An elevation drawing of the monument style sign shall be submitted to the Planning Director for approval prior to obtaining a permit for its installation. A permit shall be obtained from the Planning Department, Zoning Division, for all signage located on the Property. PROFFER 5: Further conditions lawfully imposed by applicable development ordinances 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. STAFF COMMENTS: The proffers are acceptable as they provide necessary detail related to site layout, ingress/egress, architectural quality and materials, signage and screening. The City Attorney's Office has reviewed the proffer agreement dated August 18, 2015, and found it to be legally sufficient and in acceptable legal form. NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ 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. Hollomon-Brown Funeral Home,inc. Agenda Item 1 Page 5 iliMMift \ AP' . • y tc��o'fr f. n ri P[[[te � ♦ S ` e�3s �,\ ' J w %* / Lr / 'a. bin '' o,e 'let w �., 4 1 � 0.O df r.. , q AERIAL OF SITE LOCATION y i'4 ' Hollomon-Brown Funeral Home, Inc. � Agenda Item 1 11 Page 6 " • U � $ yy • '00 ii 11 liJ /'j! I h ! Pts 2 u `Fxg iihilh 1. i 1^ !,.! ! /N .-iii,"..". , 4 1 Y \ / ;i117, / e€ lb, a 11'' / \� yiX ti— 11 : . ',1 i e , . o_ 0 ii u > n4yt 1 V O t-e9Et .9110 - 0- Lq Q o f. yyq 1 l Z �.tt/�i96 Z) 111 rT VP v > £.e5s4's PROPOSED SITE LAYOUT Hollomon-Brown Funeral Home, Inc. Agenda Item 1 Page 7 1111.01 _ r € f, i � � f • qa NI I t 1 z z � Z J W �! J Z R f . x, h • PHOTO PROFFERED OF ADJACENT BUILDING RE: ARCHITECTURAL ELEMENTS Hollomon-Brown Funeral Home, Inc. Agenda Item 1 Page 8 KEMPSVILLE DISTRICT— 1461 Kempsville Road HOLLOMON-BROWN FUNERAL HOME Ain T Me act -Y. �7 MIA A� P GS g ••f X77 3 osH,. a. _, ....,), ..„, 1 / i.r,.:. •.)t ,; 6)cx1 ri d ge .. 7\\\)- -L\N . Change of Zoning(R-5D Residential to Conditional 0-2 Office) 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 10/10/2006 CUP (columbarium) Granted 11/15/1982 CUP (church) Granted 02/23/1981 CUP (church) Granted 2 10/11/1994 CRZ(R-5D to Conditional 0-1) Granted 3 09/28/1993 CRZ(R-5D to Conditional 0-1) Granted , CUP (funeral home) Granted 1 ZONING HISTORY Hollomon-Brown Funeral Home, Inc. l Agenda Item 1 l Page 9 i 11/4/3 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board o 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. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE OAT+ A tll„ t'SI ,E,r,, 2 r.kl,If:d„v Page 1 of 4 M I'Ian C.i.y Cc unc eieeL c '-'.,Il p, ,,-.,1, t,e },F ca'.fir( El. APPI!CANT NO:IF!ED OF HEARING]] -LA” _ Q NO CHANI SAS OF �O'._7_J5 , if,-j i REVISION t BA7 ?TED DISCLOSURE STATEMENT Hollomon-Brown Funeral Home, Inc. Agenda Item 1 Page 10 NB 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) Hollomon-Brown-Louis R.Jones, President(Officer and Director);George M. Jones,Secretary(Officer and Director); Ellen B.Jones, Director; . (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Tidewater Cemetery Corp.;All State Leasing,Corp.;Memorial Services Corp.; Advance Charge Plan, Inc.;Lu-El Realty,Inc.;Snelling Funeral Home, Inc. See next page for information pertaining to footnotes1 and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT Hollomon-Brown Funeral Home, Inc. Agenda Item 1 Page 11 Virginia Beach 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. 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. 9 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ® Accounting and/or preparer of your tax return El ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe 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) ElRI Construction Contractors nEngineers/Surveyors MSA,P.C. The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT Hollomon-Brown Funeral Home, Inc. Agenda Item 1 Page 12 \13 Virginia Beach Financing(include current C X❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) zE Legal Services Troutman Sanders LLP Real Estate Brokers/Agents for EQ current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have ® I I 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?Louis R.Jones,President 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 an public body or committee in connection with this Application. 41 v- /./uuiS rte, Je',�es WIT i5' APPLICANTS SIG TORE �/L PRINT NAME DAT 4-4/417M,ii /S/'I44//". �itKd-,1XBL s4 �0 5A. �O A)ei Tli/9�j� PROPERTY OWNER'S SI ATUREf PRINT NAME I AT 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. DISCLOSURE STATEMENT Hollomon-Brown Funeral Home, Inc. Agenda Item 1 Page 13 Item#1 Hollomon-Brown Funeral Home, Inc. Conditional Change of Zoning 1461 Kempsville Road District 2 Kempsville September 9,2015 CONSENT An application of Hollomon-Brown Funeral Home, Inc.for a Change of Zoning(R-5D Residential District to Conditional 0-2 Office District)on property located at 1461 Kempsville Road, District 2, Kempsville. G P I N: 14653701720000. PROFFERS PROFFER 1: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled, "Conceptual Site Layout Plan Of Kempsville RD Offices Virginia Beach,Virginia," dated June 23, 2015, and prepared by MSA, P.C. (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The office buildings developed on the Property,when constructed,will be designed in a colonial architectural style,and the color and quality of the roof and other building materials shall be substantially compatible with the Hollomon-Brown Kempsville Chapel,which is depicted on the photograph labeled Hollomon-Brown Kempsville Chapel, dated June 15,2015,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: The office buildings developed on the Property,when constructed,shall not exceed thirty-five(35)feet in height. PROFFER 4: When developed,the freestanding signage on the Property shall be limited to one (1) low-level monument style sign which shall not exceed eight feet(8') in height,will be externally lit, and will be constructed using materials of a color and quality that is substantially compatible with that used for the office buildings on the Property.An elevation drawing of the monument style sign shall be submitted to the Planning Director for approval prior to obtaining a permit for its installation. A permit shall be obtained from the Planning Department,Zoning Division,for all signage located on the Property. PROFFER 5: Further conditions lawfully imposed by applicable development ordinances 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. [Type text] Item#1 Hollomon-Brown Funeral Home, Inc. Page 2 A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 1. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 1 by consent. R.J. Nutter appeared before the Commission on behalf the applicant. >: ;t. 0 u a1R� CITY OF VIRGINIA BEACH =__:= ; ;;- INTER-OFFICE CORRESPONDENCE T. i, . s OFOUR NPS\Ott In Reply Refer To Our File No. DF-9451 DATE: October 9, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; Hollomon-Brown Funeral Home, Incorporated The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 20, 2015. I have reviewed the subject proffer agreement, dated August 18, 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this IB day of `� �,&, , 2015, by and between HOLLOMON-BROWN FUNERAL HOME, INC., a Virginia corporation ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1465-37-0172-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-5D to Conditional 0-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional 0-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the GPIN No. 1465-37-0172-0000 26236551v3 Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF KEMPSVILLE RD OFFICES VIRGINIA BEACH, VIRGINIA", dated June 23, 2015, and prepared by MSA, P.C. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The office buildings developed on the Property, when constructed, will be designed in a colonial architectural style, and the color and quality of the roof and other building materials shall be substantially compatible with the Hollomon-Brown Funeral Home Kempsville Chapel which is depicted on the photograph labeled Hollomon-Brown Kempsville Chapel dated June 15, 2015, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning. 3. The office buildings developed on the Property, when constructed, shall not exceed thirty-five (35) feet in height. 4. When developed, freestanding signage on the Property shall be limited to one (1) low-level monument style sign which shall not exceed eight feet (8') in height, will be externally lit, and will be constructed using materials of a color and quality that is substantially compatible with that used for the office buildings on the Property. An elevation drawing of the monument style sign shall be submitted to the Planning Director for approval prior to obtaining a permit for its installation. A permit shall be obtained from the Planning Department, Zoning Division, for all signage located on the Property. 26236551v3 2 5. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 26236551v3 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: HOLLOMON-BROWN FUNERAL HOME, INC., a Virginia corporation: rr Louis R. Jones, f -sident ST E/COMMONW ALTH OF 5,,,,�;c CITY/COU)(fY OF , w �rc,.c h ,to-wit: 7? The foregoing instrument was sworn to and acknowledged before me this /f day of , 2015, by Louis R. Jones, in his capacity as President of Hollomon-Brown Funeral Home, Inc, a Virginia corporation. He is either personally known to me or has produced n,vna,L /1ow►k as identification. I Witness my hand and official stamp or seal this/�1 f day ofur/ , 2015. 7126144( 7.< (1:06-(4,",-, No Public (SEAL) `����g1111tltllrlt�j��� My Commission Expires: )o(/3 11/10 \�` �c`1.sOn.'Ie coo Registration Number: )1/0 /g n; ID 1►Zt Ot � a0S EXP.L �2= z via Ptirm0 4\44. ��,SFALTH of``O�� 26236551v3 4 EXHIBIT A Legal Description All that certain piece or parcel of land located in the Kempsville Magisterial District of the City of Virginia Beach, Virginia, bounded on the East by the present Kempsville Road right-of-way; on the South by Parcel "A" , Map Book 246, Pages 9 and 10, now or formerly Hollomon-Brown Funeral Home, Inc., Deed Book 3302, page 778 and Deed Book 3305, Page 949, on the West by the property now or formerly Subdivision of Carriage Mill, Map Book 181, page 38; and on the North by the property now or formerly Louis R. Jones, Deed Book 3118, Page 651, Map Book 146, Page 52, and known, numbered and designated by the present street numbering system now in force in Virginia Beach, Virginia as 1461 Kempsville Road., and being designated as 112.295 ACRES" as shown on "Survey of property for LandAmerica Exchange Company, Purchase of Exchange Property for Hollomon-Brown Funeral Home, Inc. from John Rabourn Waters and Minerva Rae Waters (D.B. 397, P.140) (D.B.2190, P 448) (M.B.23 1 P.52) (M.B. 32,P.2) (M.B. 154, P.22) Virginia Beach, Virginia, Scale: 1" = 40' February 2, 2000 made by John E. Sirine and Associates, Surveyors-Engineers-Planners, 4317 Bonney Road, Virginia Beach, Virginia 23452", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 285, at page 12, which plat is incorporated herein and to which reference is hereby made for a more particular description. LESS AND EXCEPT property conveyed to City of Virginia Beach recorded in Deed Book 2112 at page 305 and Deed Book 2190 at page 448. IT BEING the same property conveyed to Hollomon-Brown Funeral Home, Inc., a Virginia corporation by deed from John Habourn Waters and Minerva Rae Waters, husband and wife, dated March 22, 2000 and recorded March 22, 2000 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4216 at page 1707. 26236551v3 5 ...J.,141. , I 11 x 04 la: 0clip •• _.,,, .6„ ,-- .ii) '7,-- - ' rjr . -11--- • TI-7)1 101' 40 C-----11 1 twilli t) __.:----,-. . ' 1-3 --- ;4., esti ii4O01.ilte io. OA -a CL) 1 filLiall% \--- _-- 111P1 I'' 04011110101$ O :41414 ' O °G owl A tN It, ._ _1 - - '0 1111'__ . ' . ' I \ '. '' V -- 1On lie i (:_ g w) ;_A wei- .4t , . .a Ili 111\ ,, ,_. , 44 ._______7'- RI clq-- 0 oritti c cz ,-- _,. . •.. '.- ''. 1-- - ' 7 A' N Imami i 401111 N. O 00f0.11 ,-,---v-r-3, . = ---(=1. ---- - N( 4 ' e:C) V+,_, 7-)t-\ C‘ Ill 1 5 ‘ - i ' \ ,i'' ' 6 irk ..., vi.---.,,,, \\,..-: A . 7b I bey 'Cli) ' 'As*., :� Ii t, .`ib 03 Alik 4%4 i ii atamr= Wi.•�- .r.■� '� t lan- L-1 .- A . _ `s va° '44 ., ' \lo,, 1 iii c, C /� �- N ,rN° ,, f04 'yam [i ,jSY1 �vw 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: October 20, 2015 • Background: This item was deferred by the City Council on September 15th for clarification regarding sanitary sewer and floodplain issues. City Manager, Jim Spore responded in a letter to City Council dated October 2, 2015. A copy of the letter is attached for reference. Considerations: 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. 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 area than a typical multiple family development. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are provided in the attached staff report. A neighbor appeared at Planning Commission in support of the application. • Recommendations: The Planning Commission passed a motion, by a recorded vote of 10-0, to recommend approval of this request to the City Council as proffered. • Attachments: October 2nd Letter from City Manager Staff Report and Disclosure Statements Minutes of Planning Commission Hearing CCW Development Associates, LLC Page 2 of 2 Location Map Proffer Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency:1Planning Departmen City Manager: S l4 roA FAc-,t ‘::'*"--""*.'4"344Sli 4 - �) City of Vi r-, inia 8�acl-i 4,: y� z ilkCtS ata 5 °f OUR NAl�C `NeNes ir `",Bpri.CIIlli OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)-385-4242 BUILDING NUMBER 1 ROOM 234 FAX(757)427-5626 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9001 October 2, 2015 The Honorable Mayor and Members of City Council Subject: CCW Development Planning Item Dear Mayor and Council Members: At the September 15, 2015, Council meeting, the CCW Development (596 Sea Oats Way/Beach District) Planning Item was deferred. Council asked for clarification regarding sanitary sewer issues for CCW and why fill is more acceptable for this site and floodplain location for the site. Clarification for these items is summarized below. Sanitary Sewer Issues for CCW • Public sewer does not front this site. The closest sewer main is located along Virginia Avenue, 370 feet west of Rudee Avenue. The existing sewer system on Virginia Avenue is not deep enough to be extended to this site. Connection to the public system will be required. • Two options to connect to City sewer may be available: o a private pump station pumping to City sewer through a force main in a private utility easement over the adjacent condominium property and into a sewer manhole on Virginia Avenue (an encroachment agreement is required to place pipes in the City property) o a connection to the adjacent condominium's existing gravity sewer and private pump station that discharges to the public sanitary sewer system. (The option is currently negotiating with the adjacent condominium association.) • Either alternative requires the legal agreement of the adjacent property owners, as well as maintenance agreements, easements, and upgrades to the existing private pump station and the approval of the Department of Public Utilities. The Honorable Mayor and Members of City Council Subject: CCW Development Planning Item October 2, 2015 Page 2 • The site plan review process through the Development Services Center requires a thorough review and ultimate approval by the Department of Public Utilities regarding the connection to the adjacent private system. • The applicant will incur the costs for system analysis and costs associated with infrastructure installation, upgrades and easements. The applicant is aware that a variance from the Department of Public Utilities will likely be required for connecting to a private system rather than directly into the City's sanitary sewer. Why Fill Is More Acceptable for This Site and Floodplain Location • The characteristics of the floodplain within each watershed differ. The cumulative impact of fill differs for each watershed due to its topography, contours, and tides. • The northern part of the City is influenced by lunar tides, draining ultimately to the Chesapeake Bay or Atlantic Ocean. • Higher land elevations that rise rapidly as one moves away from the water result in a large capacity to capture and store rainwater from storms. The floodplain in the northern part of the City has been characterized as having an unlimited storage capacity. • Fill in the northern part of the City is allowed under the City's Floodplain Ordinance because of the minimal (basically nonexistent) effect on floodplain storage capacity. • Fill is an alternative on this site to elevate the property and structures out of the Special Flood Hazard Area. Properties elevated with fill then are not required to obtain Federal Flood Insurance. • Based on the most recent revisions to the City's Floodplain Ordinance, structures must be constructed at least two feet above the Base Flood Elevation. The Base Flood Elevation is eight feet above the Federal Survey benchmark required for this area. The finish floor elevation of 10 feet above Base Flood Elevation is required for all structures that are located in the Special Flood Hazard Area. • It is important to note that the Federal Emergency Management Agency (FEMA) runs an insurance program; therefore, its focus is on risk and protection of property, rather than natural resource protection. • To ensure that the property is elevated, a Conditional Letter of Map Revision based on Fill (CLOMR-F) and a Letter of Map Revision based on Fill (LOMR-F) will be required to officially change the flood zone designation of the property after the fill is placed. The Honorable Mayor and Members of City Council Subject: CCW Development Planning Item October 2, 2015 Page 3 Site Coverage • The site coverage maximum for the A-12 Apartment Zoning for this site is 40%. • The proposed site layout coverage is 49% and therefore exceeds the maximum by 9%. • The zoning code allows City Council to accept proffered conditions to reasonable deviate from the lot coverage requirements. The developer has proposed appropriate proffers which include increased planting and high quality site and building materials. • The adjacent properties have an existing 54% lot coverage, therefore this development is compatible with the surrounding properties. • The density allowed by the existing zoning (8 units) is not increased due to the lot coverage. Should you have any questions or comments, please contact Barry Frankenfield at bfranken(a�vbgov.com or 385-5802. Sincerely, ?(Y4PS 733t1M- James K. Spore City Manager JKS/JBF/sep LEACH D 1 1. � CCW Development Associates, L.L.C. Al2 . wa d A18 eel" �' �"' RrS August 12, 2015 Public 4s 1>75,d.B In Hearing Al2 Al2Al2 , .Rgs , \ APPLICANT: — , , CCW ' Res Al2 Al2 Aar , DEVELOPMENT �` SS R5S ASSOCIATES, Al2 LLC NNN Al2 Al2R PROPERTY OWNER: WAYNE DUPREE •z. ,geviok C..rv.~Ms o'..Sp<.Pow.wb. Conditional Zoning Change from A.12 to Conditional A-12 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: SITE SIZE(above AICUZ: 24178251920000 BEACH water&wetlands): Greater than 75 dB 29,391 square feet DNL 0.675 acres 4 • 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 Virginia Beach Zoning Ordinance, "the City Council may, for good cause shown and upon a finding that there will be no CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 1 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 request is simply a means of deviating from the maximum lot coverage, as the density will not exceed what is permitted currently under the A-12 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 is proposed as a condominium. The site has been designed to take advantage of the views and the natural setting of Owls Creek. Several large trees exist on the property. Unfortunately, only one of these trees, a 36-inch oak, will be preserved. A 22-foot wide driveway extends from Sea Oats Way, providing ingress/egress to this site from Virginia Avenue. The townhouse style units will each have a one-car garage and 20-foot long driveways. As portions of the property will likely require fill material to bring the dwellings out of the Special Hazard Flood Area, the applicant has proffered a Landscape Plan, reflecting "buffer" restoration along the shoreline. At least 14 large shade trees will be planted along the driveway and throughout the property. The proposed dwellings will be constructed primarily with cement fiber board horizontal and vertical siding. Prominent entrances and details such as wide trim, arbors above the garages, steaming seam metal roofs are proposed as accent features. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single family dwelling SURROUNDING LAND North: • Townhome condominiums/A-12 Apartment District USE AND ZONING: South: • Perennial stream to Owls Creek East: • Perennial stream to Owls Creek • Single family dwellings/R-5S Residential District West: • Perennial stream to Owls Creek • Federally-owned property /A-12 Apartment District NATURAL RESOURCE AND The site has three significant trees. One oak tree is approximately 54 CULTURAL FEATURES: inches in diameter. This site is adjacent to a perennial stream with fringe saltmarsh in the Owls Creek watershed. Portions of the site are within the 100-year floodplain. If fill is proposed to elevate the property out of this floodplain, a Conditional Letter of Map Revision based on Fill (CLOMR-F)and a Letter of Map Revision based on Fill (LOMR-F) will be required to officially change the flood zone designation of the property. Structures will need to be constructed with at least two feet above freeboard. The Base Flood Elevation is eight; therefore, an elevation of 10 is required for all structures that are located in the Special Flood Hazard Area. The shoreline is hardened with a riprap revetment. COMPREHENSIVE PLAN: This site is located on the edge of the Resort Strategic Growth Area as designated in the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP), which was adopted December 2, 2008. In order to support year-round activity at the oceanfront, one of the CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 2 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 Present Capacity Generated Traffic Volume Virginia Avenue No Data No Data Available Existing Land Use 2- 10 ADT/61 ADT Sea Oats Way Available Proposed Land Use 3—ADT 61 ADT Average Daily Trips 2as defined by one single family dwelling/existing A-12 zoning 3as defined by proposed Conditional A-12 zoning(no increase in density) 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.). SCHOOLS: School Current Capacity Existing Proposed Change 2 Enrollment Zoning 1 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 1 1 0 'Number of students 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). 4 0 EVALUATION AND RECOMMENDATION In terms of land use, and notwithstanding City Council's adopted AICUZ 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 75 dB Ldn AICUZ. Section 1803 of the Zoning Ordinance states "City Council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable." Staff believes that continued zoning of A-12 of the property is reasonable, particularly since the requested zoning change to Conditional A-12 pertains to the lot coverage rather than an increase in density. 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 dimensional requirements of a zoning district are not met by a development proposed with a Change of Zoning. The section reads 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. As such, this Change of Zoning request is principally for the purpose of deviating from the maximum lot coverage, as the density will not exceed what is already permitted under the A-12 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 on the adjacent property were developed under A-12 zoning, and were able to meet the lot coverage requirements. The applicant contends that the small increases in lot coverage, 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 a perennial stream with a fringe saltmarsh in the 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 elevation of CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 4 eight feet. During final site plan review, proof a Conditional 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 or water quality protections such as 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 of this request as proffered below. 4 • PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. 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). PROFFER 6: CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 5 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 maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ 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 ASSOCIATES, LLC Agenda Item D1 Page 6 I1 i II RE. _ i 0 dzy { 0K: "' r { E. J". • . k, \.... ....r.. ' 10 P0P1SWPY S� I. L - `\Aw -,i,b b' ,1Jj'7 AERIAL OF SITE LOCATION CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 7 amp ..&- 440•11111111111i1111111 I jt! NYld IN3113A08dri1 ......... . ., 0 7-- 1 l' i I 1 .n s3'm°".4.er.•°".3m°:::8..,, ii I=I jiii 11 El - c‘i I 4111[41 —,,,„.,, ..,.7.1,,„,,vr,',.,s;,,,,,,,,,L.-?., c •!, f, t i - ! , , itss: 1.10W10101.13.Allrirkitirt'-'3":1" s li I,_ 1 '3'" L......—r" .......i......4.10tIfli'l 3 I tr 0 F, , , ,.g d • .frI< i z SI a , W -J < I1 2 < 0 0 I- 41 i ,, co z w el , /; , i > - 5 1 . ' .i oil \rg • ..---, . . - 1 . ,, , rwauriti 11 i EL" it, r,_, -id — s- --' iii,!: •';1 41%,„,1 , 0.-.-i^ \ p .. s ,,, iat ,,,...r._, - N ' I gilft - ,,e.''' _ ..- q i ,2.-,1 .,2,. . ' ; • %\i'lli'l i; : l' •PZ - ''24!, .r!IFI 4 2 IPI: !i g ;i i .!! if .. I ' v: • , II - , -I !'illli 11. r 1 t Iii il i 1- t .. ,1. il; ; ; 1 l' iggRP ,f•i t. 1 1,1 / 1 1 ' - - ' : li is, . n z .. "- - .2,-^..c,:4•,....„,',:,,,i,,.; • , : .A4/4., \,__ 2 . 1 i t• r- ,', , . . I ---1------T---—1--1---c PROPOSED SITE LAYOUT CCW DEVELOPMENT ASSOCIATES, LLC 1 Agenda Item D1 Page 8 F; A3Aklf1S 311S 'JNIISIX3 a..w ,,.,~_ MJJIM „0 a �awaoy moommagong g ` s • zi. ii .iF t. • ! O{ 4; i! wig y -J i di n z r I')L. IS ¢ `��d11i u N :.t y `i!I ! w j e ='Z a g /I/ • :., ' -,. 1/4. ;;I , . i 1:I / 0 .' ..\ 1 . •.41# ____ Z•Nii',:!.'1,..:\ 1,' ,. 1 , I 1 i 1 i �di.f • I ice. a lL - ,---- to, ,..;....., ..A ,o-----. 1. - c s ♦ '`°� re "--Ran.. r '� ? am ' • .-d ;4. h'$. a'1eini I ii it 0.t*goJ ,;....-'11., Ilq!;-i■ t �t I sII g . .R B, 1 ,:i ifr !,':, i NW i 1.9e1k 'l 1 ie - '.!�' in AI i t ig 4i de e1 s taiirElli ie'erli, It I:`1' �r3�:ll7q lilt Nit� :i ? ;rill+i3- a:ya..��q'6 . I i 9 �'°P r i�i Ri a,;bi�i[ �fS ili!!l Vie II1i 9:1 i 14501 U a ' :ir4ll i5 ;go F: 5115'11`�7 q S`;1'y 1'!'I !: ,1 ri1..�1�e oiS Q Kali i 'r i °a�wriiii Im I 9S, pada.i is a1:�1! t,,II It EXISTING SURVEY CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 9 N 0 Ci, ,, _ 'it _ J 333 v =iii ' - .... a =CC: 1 o (' f; ' 1 -1:-'.':,,,',.;,7:::::,,7 H I U.� : r e k u .-' 1,.„ - \i '7 p ,k # w: ■■ mu . + ,-» F PROPOSED TYPICAL FRONT BUILDING RENDERING CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 10 111 O� f--=_ 111111 -1 > . rrir r� ririiR ji . , h A ' �s .�i�M LL _ i' J7 :c s° 0 — ';'-' ! ,. ME t. I'M', . INIBM u ==1111-- ''' ff 1 "l' 1221:11 I I I. 0:.7.7.= � .7.7.= _"— EA—I ' ' r .. ... _., , ., , PROPOSED TYPICAL REAR BUILDNIG RENDERING r CCW DEVELOPMENT ASSOCIATES, LLC .;' Agenda Item D1 '� i� Page II - 1 BEACH Map L-scale CCW Development Associates, L.L.0 ',lap Not toA n 2 ph, P°4 a_u :.:�1\ \ t " \-,--„„Ave, _.. A 18 ��•° �' �, '�(� ., CAscR8 ill ____—-------it iii**C Al2 iA_ 2 1\ *% 'j$V N J m imilmo .,._ 7t. i. ,. \ * 4 1 ,/ 1 1111111PAk /-trolPIRAr � p rERRACE AVE �/ ' 1 t_ K ro / lir,-:_-*--- t 2Al �`,..,-, _ j 04.4. ., , . . 11°41 , , \--3. ,..\-?,.-_-): , .. . •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 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 07/05/2000 REZ(A-12 to R-5S) Granted ZONING HISTORY CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 12 VB Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. MCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY US'G"RY/A,'I c -1curs r.t 1st t:u-t e t,.o Q'. •'t pr..r t Page 1 of 4 lar '!.,1.nr, crt;in 1 C1ty C.c w:-..I,nr...t .q, ,t t a 0 APPLI!A!IT NOTIFIED Ot-HEARING 110 CHA":GES AS OF :):,;F f®._g—/5 _Ej t!'JISION!SULMIlTEL) DISCLOSURE STATEMENT CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 13 7SIB 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. 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 entitles."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 application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) nI^ Accounting and/or preparer of I I ',` your tax return Inl E Architect/Landscape Architect/ WPL Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed npurchaser of the subject property I I V (identify purchaser(s)and purchaser's service providers) n I j< Construction Contractors Xn Engineers/Surveyors WPL The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT CCW DEVELOPMENT ASSOCIATES,LLC Agenda Item D1 Page 14 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. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) I ISI Accounting and/or preparer of i/\' your tax return ri Architect/Landscape Architect/ WPL Land Planner Contract Purchaser(if other than Ixi the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed lUl purchaser of the subject property ��� (identify purchaser(s)and purchaser's service providers) Li15-1 Construction Contractors Xr- Engineers/Surveyors WPL The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT CCW DEVELOPMENT ASSOCIATES,`LLC Agenda Item D1 Page 15 Virginia Rrarh Financing(include current BB&T&TowneBank(possibly) - mortgage holders and lenders selected or being considered to provide financing for acquisition �/ or construction of the property) /� I Legal Services Sykes,Bourdon,Ahern&Levy,P.C" Real Estate Brokers/Agents for X 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 !XI 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 -._• ' bod . mittee in connection with this Application. %✓�� '� _Brian C. Large .i.. ' 'S SI S.=iRE - PRINT NAME � DATE 00 lily - Wayne L. Dupree PROP >V OWNER'S SIGNATOR" j J PRINT NAME DA E 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. DISCLOSURE STATEMENT CCW DEVELOPMENT ASSOCIATES, LLC Agenda Item D1 Page 16 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 Dl. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL ABSENT HODGSON AYE I N MAN 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 Dl. Trevor Markert appeared before the Commission in support of the application. Eddie Bourdon appeared before the Commission on behalf of the applicant. G\NIA•sF44c 84;,:-7.-4.41:411‘.:.t '•;', CITY OF VIRGINIA BEACH : , INTER-OFFICE CORRESPONDENCE . OF-0- NAS\O In Reply Refer To Our File No. DF-9306 DATE: October 9, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso 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 October 20, 2015. I 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 Hessen 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 0.826 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: SYKES. ROURDON, Prepared By: d� 3�EIkN LEVY,P.C. R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 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 PREPARED BY: faffl SUES ROURDON Department of Planning. MI AHERN&LEVY' 'C' 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 2 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: (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, PREPARED BY: Rim syns,Dcl1RJ90N, including the authority (a) to order, in writing, that any noncompliance with such conditions dM9EtzN&IINTY. �� be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, 3 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. PREPARED BY: Q : SYkCES,ROU DON. ▪ AR[RN&Lam.P.C. 4 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) B ': . .- ' esident 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. 7)1°(///alili Notary Public •ow".. ....a My Commission Expires: August 31, 2018 #.1\ A R. /S/��'• Notary Registration Number: 192628661 o PREPARED BY: laffl SYK£S.BOURD)N, All RN&LEVY,P.C. 5 WITNESS the following signature and seal: Grantor: A 9/17/ / d7Z ' — (SEAL) e L. Dupree STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: -141 6vur The foregoing instrument was acknowledged before me this 1 I day of April, 2015, by Wayne L. Dupree, Grantor. 1 w . Notary Public My Commission Expires: Q • 3 1)a 0/8 Notary Registration Number: 13 A $ ►4 90011111111 \\\\ „ I 1R/i/0o%, ��\\ •�6NW EA.• �EGIs}RA} �. 328}48 = .EXpaS: COT ����TARY\? \\\\\ PREPARED BY: 10113 S7 ZES,$3OLRDON, fall r HERN&IDTY.P.C. 6 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 10, 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° o1'46"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 108.9 feet to a point; thence S 18° 6' 30" E a distance of 18.83 feet to appoint; thence S 62° 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 120, 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 31° 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 37° 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 PREPARED BY: Q . SYkIS.B$OUR DON. Lin Al1[PN&LEVY.P.C. 7 L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORICAL REVIEW BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *************************.****** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 10/13/15 jb CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 10/06/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U 1 P DNOK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R YS E S DS NND CITY COUNCIL'S BRIEFING: A.FY 2015 Unaudited Financial Results Patti Phillips-Finance Director IUIIUIV/ CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y A Y VNl/E F/G MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y September 15,2015 H. MAYOR'S PRESENTATIONS Jeff Hodgson— Planning 1.PROCLAMATION Commissioner Community Planning Month Barry Frankenfield- Interim Planning Director 2.RESOLUTION David Kunkel Day 3.PRESENTATIONS Mia-A'lana Caalim "Miss Pre-Teen Philippines" Karelle K.Fuentes "Miss Pre-Teen ViSayas" 1. PUBLIC HEARINGS: 1.Proposed Leases of City-owned No Speakers Property at Atlantic Avenue a. 1101 11`h Street LC Ca Cafe Connector Park Cafe b. 211 25th Street—Jay&DIP Corporation/t/a Tropical Smoothie Street Cafe 2.Declaration/Conveyance of Excess City- Four (4)Speakers owned Property a.704 Hampshire Lane to the African American Cultural Center,Inc. 3.Proposed Subordination of Rights No Speakers a.A portion of the Lake Gaston pipeline easement to Brunswick County/VDOT J/1. Ordinances to AMEND the City Code re ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Encroachments: CONSENT a. Article VI,Chapter 33 re public streets/ places b. Chapter 10 Public Works Specifications/Standards re encroachments in r-o-w CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 10/06/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U P DN OK MMS HL W O YL N AO 0 OR S 0 R EE ENS NMI 00 T R YS E S DS NND 2. Ordinance to AMEND an existing ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Franchise Agreement/GRANT a New CONSENT Agreement for an Open air Cafe in the Resort Area 3. Ordinances to AUTHORIZE: a. Subordination of Rights for a portion ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y of the Lake Gaston VDOT CONSENT b.The ACQUISITION of property at 324 ADOPTED 10-0 Y Y Y Y Y Y Y Y Y A Y North Birdneck Road re roadway improvements at 19th Street(DISTRICT 6 -BEACH) 4. Resolution to AUTHORIZE a City DEFERRED 10-0 Y N Y Y Y Y Y Y Y A Y Council Policy re Constitutional Officer INDEFINITELY,BY Compensation CONSENT BRIEFING TO BE SCHEDULED 5. Resolution to DIRECT the City Auditor ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y to CONDUCT an Audit of all Human CONSENT Services programs 6. Ordinance to CARRY FORWARD/ APPROPRIATE$1,309,400 re previously authorized obligations/ encumbrances a. $695,077 Police Federal/State Seized Assest Fund ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y b.$237,000 Sheriff's Federal/State CONSENT Seized Assets Fund 10-0 Y Y Y Y Y Y Y Y Y A Y c.$198,000 Public Works Fuel Internal Service Fund 9-1 Y Y Y Y Y N Y Y Y A Y d.$179,323 General Fund 9-1 Y Y Y Y Y N Y Y Y A Y 7. Ordinances to APPROPRIATE a. $1,106,510 of the Tourism Advertising Program Special Revenue Fund to Convention/Visitor Bureau Advertising/ ADOPTED,BY 9-I Y Y Y Y Y N Y Y Y A Y Marketing CONSENT b.$80,000 of the Police Federal/State ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Seized Assets Special Revenue Fund re CONSENT protective gear CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 10/06/2015 PAGE: 3 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J M S U 1 P DNOK MMS HL W O Y L N A O O O R S 0 R EE ENS NMI 0 0 T R YS E S DS NND K/I FOREFRONT CHRISTIAN CHURCH APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y Modification of Conditions of a MODIFIED,BY Conditional Use Permit re a church at CONSENT 2520 Holland Road DISTRICT 7—PRINCESS ANNE 2 RV MANAGEMENT SERVICES/ APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y NORTH LANDING BEACH RV CONDITIONED,BY RESORT and COTTAGES CONSENT Modification of Conditions re a campground at 161 Princess Anne Road DISTRICT 7—PRINCESS ANNE 3 ALLSAFE STORAGE,LLC and APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y OCEANA PARTNERS,LLC: CONDITIONED,BY a. CUP re mini-warehouse CONSENT b.Modification of Proffers of a COZ at 1325/1335/1345 Oceana Boulevard DISTRICT 6—BEACH 4 TRUSTEES OF EASTERN SHORE APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y CHAPEL CUP re a cemetery expansion CONDITIONED,BY at 2020 Laskin Road CONSENT DISTRICT 6—BEACH 5 RACHELLE M.KITZMILLER CUP APPROVED/ADDED 10-0 Y Y Y Y Y Y Y Y Y A Y re a home occupation at 805 Saint CONDITION George Court DISTRICT 5—LYNNHAVEN 6 LARAE TUCKER/PP&P,LLC CUP APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y re a service station at 3001 Silina Drive CONDITIONED,BY DISTRICT 6—BEACH CONSENT L. APPOINTMENTS RESCHEDULED B Y CONS ENS U S BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD— CSB HISTORICAL REVIEW BOARD WORKFORCE HOUSING ADVISORY BOARD BAYFRONT ADVISORY Appointed: 10-0 Y Y Y Y Y Y Y Y Y A Y COMMISSION Wallis Damon Unexpired term thru 6/30/2018 DEVELOPMENT AUTHORITY Appointed: 10-0 Y Y Y Y Y Y Y Y Y A Y David Bernd Unexpired term thru 08/31/2017 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE 10/06/2015 PAGE: 4 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R YS ES DS NND HUMAN RIGHTS COMMISSION Appointed: 10-0 Y Y Y Y Y Y Y Y Y A Y Tomasine"Tommie" Cubine Unexpired term thru 03/31/2016 MM/O ADJOURNMENT 6:49 PM PUBLIC COMMENTS 6:50—7:03 PM (4)SPEAKERS