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MARCH 15, 2016 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" • CITY COUNCIL �N1A•BE'4c MAYOR WILLIAM I).SESSOMS,JR.,At-Large JNA --may L VICE MAYOR LOUIS R.JONES,Bayside-District 4 M BENJAMIN DAI'ENPORT At Large N - „ ,( ROBERT M.DYER,Centerville-District 1 BARBARA M.HENLEY,Princess Anne-District 7 • :' ' `D SHANNON DS KALE,Rase Hall-District 3 JOHN D.MOSS,At Large „ • AMELIA ROSS-HAMMOND,Kempsville-District 2 rs Npt oNs e JOHN E.UHRIN,Beach-District 6 °` ouc ROSEMARY WILSON,At-Large JAMES L. WOOD.Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE(757)385-4303 ('D'S ASSESSOR .TERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS 15 March 2016 E-MAIL:Ctycncl@vbgov.com ('ITY CLERK-RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFING - Conference Room - 2:30 PM A. COMMUNITY ORGANIZATION COMMITTEE (COG) ANNUAL REPORT Terry Jenkins, Chair II. CITY MANAGER'S BRIEFINGS A. LIGHT RAIL 1. Memorandum of Understanding Brian Solis, Interim SGA, Transportation Planning Manager 2. Vehicle Acquisition William Harrell, President, Hampton Roads Transit (HRT) B. CAPITAL IMPROVEMENT PROGRAM 1. ROADWAYS Philip Pullen, Transportation Engineer- Public Works 2. COASTAL Dan Adams, Coastal Program Manager- Public Works C. PENDING PLANNING ITEMS Barry Frankenfield, Director - Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:45 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 Dr. Stanley W. Sawyer Pastor, All Saints Episcopal 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 INFORMAL and FORMAL SESSIONS March 1, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION PROCLAMATION: ADVANCE CARE PLANNING Dr. Heidi Kulberg, Director, Virginia Beach Department of Health Paige Crunk, Chair, Health Services Advisory Board Victoria Strasnick, Vice-Chair, Health Services Advisory Board I. PUBLIC COMMENT COMPREHENSIVE PLAN: 2016 J. PUBLIC HEARING LEASE of City Property—Fiber Optic Dark Cable 22' Street and Mediterranean Avenue K.ORDINANCES/RESOLUTIONS 1. Resolution requesting the Circuit Court to Order a Referendum Election on: "Whether the City Council should adopt an Ordinance approving construction of an Expansion of Light Rail to Town Center if the cost of construction and operation will not require any additional tax increase" (Sponsors: Councilmembers Dyer, Kane, Uhrin, Wilson and Wood) 2. Resolution, to DIRECT the City Manager to make a RECOMMENDATION on the 27th Street Gap Financing application under the Virginia Tourism Gap Financing Program; and, PROPOSE a schedule for City Council action (Sponsor: Councilman Moss) 3. Ordinance to AUTHORIZE the City Manger to EXECUTE an Agreement with Hillier Ignite, LLC re a Fitness Park at 36th Street DISTRICT 6—BEACH 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Lumos Networks, Inc. for Dark Fiber Strands in the City's Communication Network at 22"d Street and Mediterranean Avenue 5. Ordinance to ADD Section 5-549 to the City Code for the restriction of pet shop sales of dogs. 6. Ordinance to AUTHORIZE temporary encroachments into Lake Wesley for CBC Holdings, LLC re piers, bulkhead, boatlift and pilings at 549 Virginia Dare Drive DISTRICT 6—BEACH 7. Ordinance to CONFIRM the City Clerk's appointment of Terri Chelius as Deputy City Clerk II, effective March 7, 2016 8. Ordinance to ACCEPT, APPROPRIATE and TRANSFER: a. $163,000 in a interest-free loan to Kempsville Rescue Squad, Inc. re purchase of a new ambulance b. $129,968 from the Virginia Department of Health's Office of Emergency Medical Services (EMS) re Four-for-Life Grant to enhance rescue and medical capabilities L. PLANNING 1. CULLIPHER FARM and POTTER PROPERTIES GROUP LLC for a Conditional Use Permit re a Farm Stand (Stoney's) at 1065 First Colonial Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. MARGARET BAIN for a Conditional Use Permit re a residential kennel at 1652 Flanagans Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL M. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 ****************************** 3/15/16st I II I. CITY COUNCIL BRIEFING - Conference Room - 2:30 PM A. COMMUNITY ORGANIZATION COMMITTEE (COG) ANNUAL REPORT Terry Jenkins, Chair II. CITY MANAGER'S BRIEFINGS A. LIGHT RAIL 1. Memorandum of Understanding Brian Solis, Interim SGA, Transportation Planning Manager 2. Vehicle Acquisition William Harrell, President, Hampton Roads Transit (HRT) B. CAPITAL IMPROVEMENT PROGRAM 1. ROADWAYS Philip Pullen, Transportation Engineer - Public Works 2. COASTAL Dan Adams, Coastal Program Manager- Public Works C. PENDING PLANNING ITEMS Barry Frankenfield, Director- Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:45 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 Dr. Stanley W. Sawyer Pastor, All Saints Episcopal 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 INFORMAL and FORMAL SESSIONS March 1, 2015 G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. MAYOR'S PRESENTATION PROCLAMATION: ADVANCE CARE PLANNING Dr. Heidi Kulberg, Director, Virginia Beach Department of Health Paige Crunk, Chair, Health Services Advisory Board Victoria Strasnick, Vice-Chair, Health Services Advisory Board II 1 i _1Nu B4dc 40. 1t i _, ter` OF OUR NAT° I rottamatton • WXE4 ,S: Advance Care Planning allows individuals to make clear decisions about the care they would want to receive, on the basis of personal values and preferences,should they become unable to speak for themselves;and WXE4AS: Studies indicate more than 90 percent of the pubCu recognize the importance ofhonoring each individuals wishes for treatment at the end of fife, but fess than 30 percent of all Virginians have ezecutedan advance directive making their wishes known;and WI E4 S: Advance Care Planning 91onth is designed to raise public awareness of the importance of planning ahead for end-of-fife decisions or medical treatment should one be unable to communicate these wishes and to encourage the specific use of advance directives to document these important health care decisions; and W31E4RS: It is important for all organizations and businesses promoting Advance Care Planning to provide clear anti consistent information to the public about advance directives;and `WJlEtRAS:: The Virginia Beach 9feafth Services Advisory Board supports the workof the Advance Care:Planning Coalition of Eastern Virginia,a unique collaborative effort represented by Sentara.9feafthcare,Bon Secours.Jfampton 4pads, Chesapeake 4egionaHHfeafth Center,'Rjverside Health System,andSenior Services of Southeastern Virginia,the Peninsula Agency on Aging, Bay Aging and Eastern Shore Area Agency on Aging Zinn have formed a partnership to engage adults,18 years of age and order, in the awareness and understanding of Advance Care Planning and the completion of advance directives;and WIEWS: The Advance Care Planning Coalition of Eastern Virginia is responsible for initiating the Virginia General Assembly &solution recognizing April of each year as Advance Care Planninginonth, thereby creating an appropriate periodfor public health, medical legal and human service organizations to participate in regional and Commonwealth-wife efforts to improve public knowledge and increase the number of Virginia residents with advance directives;and WXE4 lS: Endorsing organizations for the State&solution included the%eduaiSociety of Virginia, the Virginia Association for 4fospices and Palliative Care, the Virginia Department for Aging and&ha6ifitative Services, the Virginia Department of Behavioral?fealth and Developmental Services and the Virginia :Department of 7fealth, the Virginia Ifeafth Care Association,and the Virginia Ifospitafand.9feafthcare Association. Now Therefore,I,`William D.Sessoms,Jr.,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: April-2016 Advance Care Manning Month In Virginia Beach,andfurther call upon the citizens,government agencies,public and private institutions,businesses and schools in Virginia Beach to commit our community to increasing awareness and understanding of advance care planning and the steps our citizens can take to protect themselves and their roved ones with the dignity inherent in a completed and documented advance directive for health care. I'! Williams— = .,•• tioe/e4dOti°4" —. D.Sessoms,Jr. 9ilayor I. PUBLIC COMMENT COMPREHENSIVE PLAN: 2016 J. PUBLIC HEARING LEASE of City Property—Fiber Optic Dark Cable 22nd Street and Mediterranean Avenue I1 1 4 J t�`wJ l PUBLIC NOTICE LEASE OF DARK FIBER The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M.on Tuesday,March 15,2016 in the City Council Chamber regarding the proposed lease of four strands of City-owned fiber optic cable,installed as part of the City's communications network, in the form of dark fiber, connecting at 22^° Street and Mediterranean in Virginia Beach,Virginia. The purpose of the hearing will be to obtain public comment on the proposed lease of City-owned fiber optic cable. A copy of the lease is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced lease should be direct to Darrell Riddick, Chief Technology Officer, City of Virginia Beach, by calling (757)385-1846. Ruth Hodges Fraser,MMC City Clerk BEACON: March 13,2016 K.ORDINANCES/RESOLUTIONS 1. Resolution requesting the Circuit Court to Order a Referendum Election on: "Whether the City Council should adopt an Ordinance approving construction of an Expansion of Light Rail to Town Center if the cost of construction and operation will not require any additional tax increase" (Sponsors: Councilmembers Dyer, Kane, Uhrin, Wilson and Wood) 2. Resolution, to DIRECT the City Manager to make a RECOMMENDATION on the 27th Street Gap Financing application under the Virginia Tourism Gap Financing Program; and, PROPOSE a schedule for City Council action(Sponsor: Councilman Moss) 3. Ordinance to AUTHORIZE the City Manger to EXECUTE an Agreement with Hillier Ignite, LLC re a Fitness Park at 36th Street DISTRICT 6—BEACH 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Lumos Networks, Inc. for Dark Fiber Strands in the City's Communication Network at 22' Street and Mediterranean Avenue DISTRICT 6—BEACH 5. Ordinance to AUTHORIZE temporary encroachments into Lake Wesley for CBC Holdings, LLC re piers, bulkhead, boatlift and pilings at 549 Virginia Dare Drive DISTRICT 6 —BEACH 6. Ordinance to CONFIRM the City Clerk's appointment of Terri Chelius as Deputy City Clerk II, effective March 7, 2016 7. Ordinance to ACCEPT, APPROPRIATE and TRANSFER: a. $163,000 in an interest-free loan to Kempsville Rescue Squad, Inc. re purchase of a new ambulance b. $129,968 from the Virginia Department of Health's Office of Emergency Medical Services (EMS) re Four-for-Life Grant to enhance rescue and medical capabilities I ro° Nway� T7 z L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Circuit Court to Order that a Referendum Election be Held on November 8, 2016 on the Question of whether the City Council Should Adopt an Ordinance Approving Construction of an Expansion of Light Rail to Town Center if the Cost of Construction and Operation Will Not Require Any Additional Tax Increase MEETING DATE: March 15, 2016 • Background: City Charter § 3.05(f) authorizes City Council "[t]o provide for the submission of any proposed ordinance to the qualified voters of the city at an advisory referendum to be initiated by a resolution to the circuit court of the city and held . . . in the manner provided for by law for general elections." • Considerations: This item includes a proposed referendum question to be submitted to the voters of the City at the November 8, 2016, general election regarding •`' the proposed extension of The Tide Light Rail System into Virginia Beach: Should the City Council adopt an ordinance approving construction of an extension of light rail to Virginia Beach Town Center if the cost of construction and operation will not require any additional tax increase? Yes No • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Sponsored by Councilmembers Dyer, Kane, Uhrin, Wilson, and Wood I I' REQUESTED BY COUNCILMEMBERS DYER, KANE, UHRIN, WILSON, AND WOOD 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 8, 2016 ON THE QUESTION OF WHETHER 4 THE CITY COUNCIL SHOULD ADOPT AN ORDINANCE 5 APPROVING CONSTRUCTION OF AN EXPANSION OF 6 LIGHT RAIL TO TOWN CENTER IF THE COST OF 7 CONSTRUCTION AND OPERATION WILL NOT REQUIRE 8 ANY ADDITIONAL TAX INCREASE 9 10 WHEREAS, City Charter § 3.05(f) authorizes City Council "[t]o provide for the 11 submission of any proposed ordinance to the qualified voters of the city at an advisory 12 referendum to be initiated by a resolution to the circuit court of the city and held . . . in 13 the manner provided for by law for general elections"; and 14 15 WHEREAS, it is the sense of City Council that a referendum election should be 16 held during the November 8, 2016 general election to receive public input regarding 17 approving construction of an expansion of light rail to Town Center if the cost of 18 construction and operation will not require any additional tax increase. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 1. That, pursuant to § 3.05(f) of the Charter of the City of Virginia Beach, the 24 Circuit Court of the City of Virginia Beach is hereby requested to order an election to be 25 conducted in accordance with Code of Virginia §§ 24.2-682 and 24.2-684 and held on 26 November 8, 2016 to take the sense of the qualified voters of the City on the question of 27 whether the City Council should adopt an ordinance approving the expansion of light rail 28 to Town Center if the cost of construction and operation will not require any additional 29 tax increase. 30 31 2. That the question to appear on the ballot shall read as follows: 32 33 Should the City Council adopt an ordinance approving construction of an 34 extension of light rail to Virginia Beach Town Center if the cost of 35 construction and operation will not require any additional tax increase? 36 37 Yes No 38 39 3. That the City Attorney is hereby directed to file a certified copy of this 40 resolution, along with an appropriate petition and order, with the Circuit Court of the City 41 of Virginia Beach for such an election to be held on November 8, 2016. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA13536/R-2/March 8, 2016 1 I 'n ee�yz1 r *fl. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Direct the City Manager to Make a Recommendation upon the 27th Street Project Gap Financing Application and to Propose a Schedule for Council Action upon Such Application MEETING DATE: March 15, 2016 • Background: On March 13, 2012, the City Council created a Tourism Zone and a process (the "Policy") for evaluation of applications to utilize the Virginia Tourism Gap Financing Program authorized by the General Assembly in 2011 and codified as Virginia Code § 58.1-3851.1. The Policy was recently updated to reflect legislative changes to the enabling statute. The City has received an application for a 156-room Hyatt House and accompanying retail, restaurant, and parking (the "Project"). The developer, 27th Street Holding, LLC, (the "Developer") has submitted the application and financial information to the City. The resolution assures that the developer will receive a timely hearing before City Council and a decision. ■ Considerations: The attached resolution directs the City Manager to make a recommendation on how the City Council should proceed upon the Developer's proposal. ■ Public Information: Public information will be provided through the normal Council agenda process. The Council was briefed in Informal Session on January 12, 2016. • Attachments: Resolution; Map; Tourism Development Plan; Summary of Terms of the Performance Agreement; Va. Code §58.1-3851.1; City Council Policy; Correspondence from the Virginia Tourism Corporation (2). REQUESTED BY COUNCILMEMBER MOSS REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO DIRECT THE CITY 2 MANAGER TO MAKE A RECOMMENDATION 3 UPON THE 27TH STREET GAP FINANCING 4 APPLICATION AND TO PROPOSE A 5 SCHEDULE FOR COUNCIL ACTION UPON 6 SUCH APPLICATION 7 8 WHEREAS, Virginia Code § 58.1-3851.1 (the "Statute") provides a mechanism 9 by which a tourism project may receive certain revenue streams to pay "gap financing" 10 as that term is defined by the Statute; and 11 12 WHEREAS, on December 2, 2008, the City Council (the "Council") amended the 13 City Comprehensive Plan to incorporate the Resort Area Strategic Action Plan (the 14 "RASAP"); and 15 16 WHEREAS, the RASAP identifies a need for transitioning older hotels along the 17 oceanfront to higher quality accommodations and building inventory that promotes year- 18 round visitation; and 19 20 WHEREAS, the entitlement to revenues established by the Statute does not 21 create debt of the State, the City, or the City of Virginia Beach Development Authority 22 ("VBDA"); and 23 24 WHEREAS, the City has received an application from 27th Street Holding, LLC, 25 (the "Developer") requesting financing assistance pursuant to the Statute and the 26 Policy; and 27 28 WHEREAS, the Project is located within the Zone; and 29 30 WHEREAS, the premises of the Project is described more particularly in the map 31 attached hereto as Exhibit A; and 32 33 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 34 Virginia Beach, Virginia, that 35 36 The City Council directs the City Manager to present a recommendation on how 37 the City Council should proceed with the 27th Street Holding, LLC application for City 38 Council's consideration no later than , 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: Office of the City Attorney CA13531/R-4/March 9, 2016 11 EXHIBIT A TWENTY SEVEN ATLANTIC HOTEL AND RETAIL CENTER TOURISM DEVELOPMENT GRANT APPLICATION TO THE CITY OF VIRGINIA BEACH LOCATION EXHIBIT- PHASE I 4A - `"t ,rf , \,'ill\i . } ,r ,....,..4.3 \iiii,. ve 28th t 4 $ t 23 925 SF -a'- a E'�f 26,421.SF \,, : . �W t. -. a a r ;RC1 r k .. qq c r w• 10',',11,\. ".. It ,, \ , ' , ...,,,,,,,,,,,,APW'm''''''''''''''''''''''' \ ' \l''� i a '''''It . — a f„ i \ ,r. ( CJ Entire site is located in the 65-70 dB DNL noise zone and AICUZ Sub-Area 1 Entire site is zoned OR - Oceanfront Resort District EXHIBIT B 27 Atlantic Hotel Tourism Development Plan Section 1: Proposed Project 1-A: Briefly describe the overall scope and concept of your proposed project The project involves the transformation of 20th century economy motels/hotels into a high quality 156 room oceanfront hotel. In addition, the hotel will be serviced by a new parking garage and high end retail. The hotel will carry the Hyatt flag and will offer a new loyalty program and an untapped reservation system. Synergistically, the supporting parking garage will accommodate 448 spaces and 8,000 sf of retail space. In addition, adjacent to the hotel, approximately 19,000 sf of high end retail space and restaurants will support the hotel. 1-B:What perceived VOID in your local tourism economy will this proposed project fill? According to the marketing plan (Resort Area Strategic Action Plan, aka RASAP), there is a need for transitioning older hotels along the oceanfront to higher quality accommodations. The removal of 20th century economy class motels/hotels to accommodate a high quality hotel meets the RASAP plan void. In addition, the Hyatt flag does not exist in Virginia Beach. By introducing the Hyatt brand, an untapped worldwide loyalty and reservation system will be introduced encouraging new tourism activity. 1-C:Will this proposed project fit into an existing Tourism Zone? Yes 1-D:The proposed project will accomplish the following: Projected jobs created by this project= 210 year round and 150 seasonal (total peak 360) Projected local tax revenue= $36.5million (Net Present Value over 30 years with 4%discount rate) 2-A:What attributes best describe your area: Nature/Outdoor Recreation: Scenic drives, state parks, hiking, camping, lakes, rivers, beaches, Chesapeake Bay, wildlife watching, motorsports, road cycling, jet aircraft observation, Japanese and conservation gardens, adventure park, disability parks, public playground parks, dog parks, oceanfront boardwalk walking,agricultural—Farmer's Markets and "Pick your Own." 2 History/Heritage: Revolutionary, civil war, civil rights, Virginia Indian, African American, European American,War of 1812, Naval operations, and American colonization Epicurean/Experiential: Central business district, locally owned restaurants, ethnic foods, resort, fine dining, spa services, large convention center, and Edgar Casey Foundation. Sport/Recreation: Boating, sailing, canoeing, kayaking,fishing (fresh and salt), golf, hunting, biking, road cycling, indoor sky diving (coming 2014), field house sport activities, soccer fields, Sportsplex stadium, tennis courts, sports tournaments, skateboarding, skydiving, paint ball, jet skiing, marathons, aerial adventure park (opens 2014), and surfing Arts/Culture: Museums—marine science,fine art and aviation, historic homes,and colleges Entertainment/Amusement: Cultural, music, wine, patriotic, art and craft festivals, a water park, go carting, surfing championships, air shows, shopping malls, street entertainment, firework displays, amphitheater, indoor skydiving, high tech golf range (Top Golf) and fine art concerts. Do you offer seasonal or year-round experiences: Both Do you have a peak season:Summer 2-B:What are your major lures and drivers that attract tourists to your area? Clean wide beaches, family friendliness, low crime, peaceful sandy shores, a variety of entertainment and recreational venues, museums,golfing, surfing, water sports,fishing, shopping malls, historic homes and lighthouse, night life, oceanfront hotels, good weather, regional attractions, wildlife refuges, state parks, shopping malls, and campgrounds. 2-C:What is your unique factor?What sets you apart from the competition? The City has a: • Historical hotel (Cavalier on the Hill) where Presidents, movie stars, and other dignitaries lodged • Historical marker indicating the place where the first English settlers landed in America before settling in Jamestown • Historic lighthouse authorized by President George Washington as one of the first federal government public infrastructures built • Marine science museum featuring a glass aquarium walk-through tunnel and a large variety of aquatic animals and interactive exhibits • National Geographic wide screen theater • Psychic center featuring Edgar Cayce's (the Sleeping Prophet) lifetime work • 20,000 seat outdoor amphitheater featuring top entertainment acts SGA Office 1/8/16 3 • Military air museum with one of the largest WWI and WWII aircraft collections • Naval master jet base (only one on the east coast)for jet observations • Collection of historic homes for touring • An indoor skydiving facility • Top Golf high tech electronic golf range 2-D:Who is your major competition? Myrtle Beach, SC and Ocean City, MD 3-A:Gauge your tourism infrastructure How would you rate your transportation? (excellent,average,or weak) Interstates: Average Secondary roads: Average Signage: Average Bus travel: Average Train travel: Weak Air travel: Average Waterways: Excellent Taxi service: Average Bike paths: Excellent How would you rate your environment? (strong,average,or weak) Air quality: Strong Noise levels: Average Traffic: Average Landfills: Strong Wetlands: Strong Public health: Strong How would you rate your public services? (strong,average,or weak) Police force: Strong Healthcare: Strong Public utilities: Strong Waste management: Strong Rescue support: Strong SGA Office 1/8/16 4 Communications: Strong Public parks/recreation: Strong 3-B:Gauge your tourism economy and business community How would you rate your accommodations?(strong,average,or weak) B&Bs: Weak Inns: Average Hotels: Average Resorts: Average Rental property: Average Cottages: Strong Cabins: Average Campsites: Average How would you rate your facilities? (strong,average,or weak) Universities: Average Performing arts: Strong Outdoor parks: Strong Convention facilities: Strong Sporting venues: Strong Event spaces: Strong How would you rate your attractions?(strong,average,or weak) Shopping: Strong Dining: Average Historic: Strong Museums/Aquarium: Strong Wineries: Weak Music festivals: Strong Zoos/animal parks: Weak Art galleries: Average Nature trails&facilities: Strong SGA Office 1/8/16 5 3-B:Gauge your local social and cultural assets How would you describe your heritage and culture? (strong,average,or weak) Multi-cultural diversity: Average Geography: Strong Architecture: Average Historical improvements: Strong Language: Average Material culture: Average Aesthetics: Average Religious diversity: Average How would you describe your local flavor?(strong,average,or weak) Visitor friendly: Strong Civic-mindedness: Average Respect for diversity: Strong Political climate: Average Unity among civic groups: Average Local sports team support: Average University/college town: Average How would you rate your integrity of the area?(strong,average,or weak) Safety: Strong Cleanliness: Strong Friendliness: Strong Stability: Strong Quality of life: Strong 3-D:Gauge your top 3 strengths,weaknesses,opportunities and threats Strengths Weaknesses Pristine beaches Not an international tourism destination Family friendly environment Interstate congestion Safe community Year-round tourism SGA Office 1/8/16 I II I 6 Threats Opportunities Military oriented economy Millennial retention Shortage of high-quality hotels High technology job creation Continual beach sand replenishment Large entertainment venues 4-A: Existing market plan submission Resort Area Strategic Action Plan (RASAP) 2014 Tourism Marketing Plan 4-B:Your marketing plan will have the following affects: Visitation increased by 50%(undetermined deadline) Tourist expenditures increased by 60% (undetermined deadline) Combined development and private sector investments of$10,000,000,000(undetermined deadline) Visitor satisfaction increased by 33%(estimate) Number of partnership participants in your marketing plan is undetermined SGA Office 1/8/16 EXHIBIT C SUMMARY OF TERMS PERFORMANCE AGREEMENT FOR 27TH STREET HYATT HOUSE PARTIES: City of Virginia Beach City of Virginia Beach Development Authority 27t Street Holding, LLC TERM: Commencing with the signing of the agreement, until the "gap financing" is paid in full. However, the Performance Payments, as described in the Agreement, will not commence until the Project has transactions that are subject to state sales and use tax. STATUTORY AUTHORITY Virginia Code § 58.1-3851.1 governs the Virginia Gap Financing Program, and all requirements set forth in the Performance Agreement will be in conformity with this statute. RECOURSE/ DEBT The entitlement to certain revenues authorized by § 58-3851.1 does not create debt of the City, the VBDA, or the Commonwealth of Virginia (the "State"). Additionally, the performance agreement will affirmatively state that there is no recourse of the "gap financing" against the City, the VBDA, or the State. PERFORMANCE PAYMENT: If the Project is approved by the Virginia Tourism Corporation and certified by the State Comptroller as qualifying for such payments, the Agreement shall provide "Performance Payments" from the State, the City, and the Project. Each Performance Payment shall be an amount equal to the revenues generated by a one percent state sales and use tax on transactions taking place on the premises of the Project. The amount of the payments shall be provided quarterly based on an amount certified by the Virginia Tax Commissioner. METHOD OF PAYMENT (STATE): After the amount is certified by the Tax Commissioner, the State portion is remitted from the State Comptroller to the City. The City remits this amount to the Development Authority. I II i i. I METHOD OF PAYMENT (CITY): After the amount is certified by the Tax Commissioner, the City portion is remitted to the Development Authority. METHOD OF PAYMENT ACCESS FEE: The Developer is responsible for an "access fee" that is equal to the amount certified quarterly by the Tax Commissioner. The access fee is remitted from the Developer to the City. The City remits this amount to the Development Authority. RESTRICTION ON USE OF FUNDS: The Development Authority sends quarterly payments directly to the financial institution in furtherance of the payment of the gap financing. However, no payment shall be sent until the Development Authority has all three portions attributable to the previous quarter. The only permitted use of the Performance Payments is for principal and interest on the "gap financing." In the event that the total amount of the Performance Payments exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. Code of Virginia Title 58.1.Taxation Chapter 38. Miscellaneous Taxes § 58.1-3851.1. Entitlement to tax revenues from tourism project A. For purposes of this section, unless the context requires a different meaning: "Economic development authority" means a local industrial development authority or a local or regional political subdivision,the public purpose of which is to assist in economic development. "Gap financing" means debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project and the debt and equity capital provided by the developer of the project. B. 1. If a locality has established a tourism zone pursuant to § 58.1-3851,has adopted an ordinance establishing a tourism plan as determined by guidelines set forth by the Virginia Tourism Authority, and has adopted an ordinance authorizing a tourism project to meet a deficiency identified in the adopted tourism plan approved by the Virginia Tourism Authority, and the tourism project has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by this section, the authorized tourism project shall be entitled to an amount equal to the revenues generated by a one percent state sales and use tax on transactions taking place on the premises of the authorized tourism project. The entitlement shall be contingent on the locality enacting an ordinance designating certain local tax revenues to the tourism project pursuant to subsection C and shall be subject to the conditions set forth in subsection D. The purpose of such entitlement shall be to assist the developer with obtaining gap financing and making payments of principal and interest thereon. The entitlement shall continue until the gap financing is paid in full. Entitled sales tax revenues shall be applied solely to payments of principal and interest on the qualified gap financing. 2. On a quarterly basis,the Tax Commissioner shall certify the amount of the entitled sales tax revenues to the Comptroller,who shall remit such revenues to the county or city in which the authorized tourism project is located. The county or city shall remit the revenues to the economic development authority. No payments herein shall be made until an agreement exists between the developer of the authorized tourism project and the economic development authority. 3. The state sales tax entitlement established in subdivision 1 shall not include any(i) sales tax revenues dedicated pursuant to § 58.1-638 or 58.1-638.1 or(ii) revenues generated pursuant to Chapter 766 of the Acts of Assembly of 2013. C. If a locality has adopted the ordinances required by subdivision B 1 to entitle an authorized tourism project to an amount equal to the revenues generated by a one percent state sales and use tax on transactions taking place on the premises of the authorized tourism project,the local governing body of the county or city in which the authorized tourism project is located shall also direct by ordinance that an amount equal to the revenues generated by at least a one percent local sales and use tax, or an equivalent amount of other local tax revenues as designated by the ordinance, generated by transactions taking place on the premises of the authorized tourism project shall be applied to the payment of principal and interest on the qualified gap financing. Such revenues shall be remitted in the same manner, for the same time period, and under the 1 3/8/2016 same conditions as the remittances paid in accordance with subsection B, mutatis mutandis. D. Prior to any entitlement to tax revenues for an authorized tourism project pursuant to subsections B and C,the owner of such project shall have a minimum of 70 percent of funding for the project in place through debt or equity, enter into a performance agreement with the economic development authority or political subdivision, and enter into an agreement to pay an access fee. The access fee shall be equivalent to the state sales tax revenue generated by and returned to the project pursuant to subdivision B 1 and shall be collected by the locality and remitted to the economic development authority on a quarterly basis. The access fee and the sales tax entitlement shall be used solely to make payments of principal and interest on the qualified gap funding. E. In the event that the total amount of sales tax entitlement and the access fee exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. F.A tourism project that is entitled to and receives revenues pursuant to this section shall not be eligible to receive revenues pursuant to § 58.1-608.3 or 58.1-3851.2. 2011, cc. 646, 81=1;2012, cc. 13, 512;2015, cc. 203, 349. 2 3/8/2016 II 7% K -44.' Council PolicyCi Title:Evaluation of Tourism Projects for the Index Number: Gap Financing Program Date of Adoption: 3/13/2012 Date of Revision: 11/17/2015 Page 1 of 6 1.0 Purpose and Need To transform the Virginia Beach Resort from a seasonal venue to a year- round destination, private development will be necessary; however, some potential tourism projects have experienced difficulty obtaining the financing necessary to make the projects a reality. A means for bridging the financing gap was established by the General Assembly, codified as §§ 58.1-3851.1 and 58.1- 3851.2 of the Virginia Code. This program provides additional funding—in the form of cash flows — once projects are operational that may be directed to closing a financing gap between the debt and equity a developer currently has and the total financing required by a tourism project. This program may generally be referred to as "Tourism Project Gap Financing Program" or, as hereinafter referred to as,the"Program." 2.0 ,Policy Statement The purpose of this policy is: a) To provide guidance to City staff for the evaluation of proposed tourism projects that seek to utilize the Program; b) To signal to the development community the types of tourism projects that would be eligible for the Program and the various steps required for final approval; and c) To inform the broader community of the public purpose advanced by the Program. Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 2 of 6 3.0 Definitions 3.1 Gap Financing- debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project and the debt and equity capital provided by the developer of the project. 3.2 Performance Agreement - an agreement between the developer, the City, and development authority. The Performance Agreement shall affirmatively state that the Agreement does not create debt of the State or the City. The agreement has three functions. First, the Performance Agreement requires the developer to impose an "access fee" in the amount provided by State law of all transactions occurring on the project premises. Second, the Performance Agreement establishes minimum performance requirements for the tourism project including capital investment, new jobs, or other measureable criteria. Third, the Performance Agreement sets forth the payment of the revenue streams in the amounts and for the purposes provided by §§ 58.1-3851.1 and 58.1-3851.2 of the Virginia Code. 3.3 Tourism Development Financing Program - a program provided by the General Assembly allowing state tax, local tax, and private developer "access fee" revenue streams to be directed to gap financing. This Program does not allow the creation of new state or local debt either through debt issuance or loan guarantee(s). 3.4 Tourism Marketing Plan - a strategic plan adopted by the City Council and required by Virginia Tourism Authority, which describes the City's action plan for tourism related development. 3.5 Tourism Zone - a zone designated by the City Council to encourage tourism related economic activities as provided by§58.1-3851 of the Virginia Code. 3.6 Qualifying Tourism Project-a project that fills a void identified by the Tourism Development Plan, is located in the Tourism Zone, meets the approval of City staff based on the evaluation factors identified in this policy, has been endorsed, by ordinance by the City Council, has been approved by the Virginia Tourism Authority, and has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by §§ 58.1-3851.1 and 58.1-3851.2 of the Virginia Code. 4.0 How the Program Works 4.1 Debt Responsibility. The Program does not create State or City Debt. II i I I Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 3 of 6 4.2 Revenue Flows. The amount of revenue is keyed to one cent of the sales and use taxes generated on the tourism project premises. This amount is provided from the Tax Commissioner on a quarterly basis. The amount of the local tax portion and the "access fee" are equal to the amount provided by the Tax Commissioner. After the completion of all steps set forth herein,the flow of revenues is as follows: a) State Sales Taxes (certified by the Tax Commissioner) - State Comptroller remits these revenues to the City -3 City remits to the Development Authority --> Development Authority, pursuant to the Performance Agreement, pays to the Bank or Financial Institution providing the Gap Financing. b) Local Taxes (in an amount equal to the amount certified by the Tax Commissioner) City remits to the Development Authority - Development Authority, pursuant to the Performance Agreement, pays to the Bank or Financial Institution providing the Gap Financing. c) "Access Fee" (imposed by project developer and memorialized in the Performance Agreement; in an amount equal to the amount certified by the Tax Commissioner) --> Developer remits to the City -3 City remits to the Development Authority -4 Development Authority,pursuant to the Performance Agreement, pays to the Bank or Financial Institution providing the Gap Financing. 4.3 Prerequisites. Sections 58.1-3851.1 and 58.1-3851.2 of the Virginia Code requires the following prerequisites: a) The City Council has to adopt a Tourism Marketing Plan. The Tourism Marketing Plan provides a description of the types of tourism projects the City desires as a matter of strategic priority. A Qualifying Tourism Project must fill a void identified by the Tourism Marketing Plan. b) The City Council had to adopt a Tourism Zone. A Qualifying Tourism Project must be located in the Tourism Zone. c) To qualify for the Program,the project developer must demonstrate a shortfall in project funding between the expected development costs of the proposed tourism project and the debt and equity capital provided by the developer of the project. This shortfall may not exceed 20%of the total project costs unless the Project Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption:3/13/2012 Date of Revision:11/17/2015 Page 4 of 6 meets the requirements set forth in subsection 5.3, infra. Proof of such shortfall must be demonstrated in writing by a financial institution and meet the satisfaction of the City's Director of Finance. If this writing contains confidential information,it should be so marked for purposes of the Freedom of Information Act. 5.0 Process 5.1 Application - Developers seeking to utilize the Program shall submit an application to the City of Virginia Beach Strategic Growth Area Office. • The application will include project description, conceptual design, geographic parcel identification number (GPIN), anticipated economic impact, potential spin-off business synergy, effect upon tourism, competitive venues, risk factors, any Virginia Tourism Authority fees, as applicable, and potential remedies for risk. • The application must meet the three requirements set forth in subsection 4.3, supra. . 5.2 Evaluation - Each application will be reviewed by a staff review committee. The review will determine whether the project: a) Has,a minimum capital investment of$30 million; b) Will provide taxable sales in the amount of at least$ 1 million per year; c) Will increase year-round employment; d) Fills a void in the Tourism Marketing Plan; e) Is located in the Tourism Zone; f) The proof of the need for Gap Financing meets the approval of the City's Director of Finance; g) Does not require a prohibitive amount of City investment, including roadways,parking, and other infrastructure. 5.3 Additional Evaluation Factors: If a project has more than a 20% gap or has a capital investment above$100 million,it may require additional evaluation. a) A project with a need for Gap Financing of up to 30%may apply if,in addition to those requirements in subsection 4.3 and 5.2, supra. the project include some or all of the following: capital investment above $50 million; creates at least 50 full time equivalent jobs; redevelops an existing building or facility; and is a premium flag or fills a brand gap. b) A project with a capital investment above$100 million may qualify for Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:ll/17/2015 Page 5 of 6 revenue streams equaling_1.5% of the revenues generated by the State Sales Tax if. in addition to those requirements in subsection 4.3 and 5.2, supra, the project meets the requirements of ,§58.1-3851.2 and creates substantial development or redevelopment that can be identified as providing a sufficient direct or indirect revenue lift to offset the revenues required by the City in addition to the local portion of the Sales Tax. 5.4 Briefing—After City staff have reviewed the application, a representative from the Strategic Growth Area Office or other related office will provide a briefing to the City Council. At this briefing,the Staff will require informal direction as to whether there is preliminary support for the proposed tourism project. If there is support by the City Council, Staff will provide a similar briefing to the Development Authority. 5.5 Development of a Performance Agreement—After preliminary approval by the City Council and the Development Authority, Staff and the tourism project developer will begin work on a Performance Agreement. The Performance Agreement will do the three functions described in Section 3.2, supra. Final execution of the Performance Agreement will be conditioned upon the project receiving preliminary approval by the Virginia Tourism Authority and certification by the State Comptroller as qualifying for the entitlement to tax revenues authorized by § 58A-3851.1 or § 58.1-3851.2 of the Virginia Code. 5.5 Project Endorsement Ordinance — Prior to the completion of the Performance Agreement, City Staff will present an ordinance to the City Council. The ordinance will provide for the endorsement of the proposed tourism project by the Council and the willingness, subject to approval by the State and execution of the Performance Agreement, of the City to allow the project to receive an amount of local tax revenues equal to one cent of the Virginia Sales and Use Tax for all transactions occurring on the project premises. For those projects seeking the 1.5% revenue stream authorized by § 58.1-3851.2, the endorsement ordinance shall identify the proposed source of the additional local funding above that provided by the local portion of the Sales Tax. 5.6 Execution of Performance Agreement by Project Developer — After the project has been approved by the Virginia Tourism Authority and the State Comptroller, the Performance Agreement, in final form, will be provided to the project developer for execution. 5.7 Development Authority Approval — After approvals at the state level and Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 I Date of Revision:11/17/2015 Page 6 of 6 execution by the project developer, the Development Authority will be presented with a resolution to approve the Performance Agreement in final form. the 5.8 Final Local Approval - If the Development this resolution is approved Authority will Dxecutemthe ent Authority, the Chair Performance Agreement. 5.9 Final State A.sroyal — After the Final Local A.'royal the Cit will forward the a.•lication ordinance s and Performance A.reement to the Vir_-nia Tourism Authorit and to the State Com.stroller as re.uired. Approved as /"r s _ S �� to Content: ivy OW'.' s Date -. egic Gro ¶ - ea Office Director Approved as 41),,,,,, ee,-)--Z, ,i,„„ AT_ to Content: Date Economic Development Dement Director Financial Impact: Date Finance Director i Approved IAA-4-"`— 12--2- -i 3 Legal Sufficiency: l City Attorney Date 'IPSIIS 1` '' a. `". I Reviewed by: ate Manager / APPROVED BY D CITY COUNCIL: 4 /24-2tt' Date Mayor ! II I I VIRGINIA IS FGR LOSE PS Wednesday,January 20,2016 Ron Berkebile Ron... Strategic Growth Area Financial Analyst Thank you for your interest in Tourism Development Financing Program. SGA Office,City of Virginia Beach 222 Central Park Ave. After careful consideration,VTC has determined that the void submitted for your Suite 1540,Room 100 Virginia Beach,VA 23462 Twenty Seven Atlantic Hotel and Retail Center Project ("the project") does not 7573852902 satisfy the TDFP Tourism Development Financing Program requirements. rberkebllvbgov.com Virginia Beach does not carry the Hyatt flag, and gap financing would introduce the brand to the market Wirt Confroy,Director = Hyatt has a unique reservation system,and the City of Virginia Beach cannot Partnerships&Outreach benefit from this,because Hyatt Hotels do not exist in the city Hyatt has a loyalty program unavailable in Virginia Beach. The brand's Virginia Tourism Corporationrd Street presence would expose Virginia Beach to a new Hyatt loyal customer 901 East Byrd Street Richmond,Virginia 23219 Virginia has other shorelines fronting on the Atlantic Ocean, but Virginia 804 545 5552 Beach is the only one to host a large resort wconfroy@virginia.org = The Commonwealth is not able to accommodate a Hyatt loyal customer at a www.Virginia.org(consumer) resort. It is anticipated the flag at the resort will attract out of state tourists www.VATC.org (industry) Overall,the project does not appear to be substantially different from the existing lodging experiences currently available to visitors in the area. Based on what has been submitted,the project's proposed room types and rates,level of amenities, brand-centric customer base and reservation system do not provide a visitor experience which is significantly different from the numerous, similar lodging properties nearby. In lieu of gap financing, we are committed to exploring the eligibility of future development projects and maximizing our marketing leveraging with Virginia Beach.This appears to be an exciting project, and we appreciate the time taken to explore the eligibility of the TDFP for your project. Please feel free to contact me if you have any questions. Sincerely, II I I I I VIRGINIA IS FCR LOSE PS Friday,February 26,2016 Ron Berkebile Dear Ron, Strategic Growth Area Financial Analyst The Virginia Tourism Corporation (VTC) understands there have been questions SGA Office,City of Virginia Beach raised regarding the letter of February 18, 2016 to the City of Virginia Beach 222 Central Park Ave. concerning the potential eligibility of the Twenty Seven Atlantic Hotel and Retail Suite 1540,Room 100 Center Project for the Commonwealth of Virginia's Tourism Development Financing Virginia Beach,VA 23462 Program (TDFP). 757385 2902 rberkebi@vbgov.com As VTC noted in the letter, project developers Russ Kirk and Chris Harvey of Armada Hoffler Construction with Bruce Smith of Bruce Smith Enterprises,LLC contacted VTC and provided additional information regarding the project and, specifically, how it addresses tourism deficiencies as required by§58.1-3851.1 and§58.1-3851.2,Code of Virginia. Wirt Confroy,Director Partnerships&Outreach In order to provide further clarification, please note: Virginia Tourism Corporation o Based on the additional information provided, VTC believes the question of 901 East Byrd Street whether the project addresses a tourism deficiency has been satisfied. Richmond,Virginia 23219 804 545 5552 o The project's eligibility for the TDFP is not impacted if the project is currently wconfroy@virginia.org under construction. www.Virginia.org(consumer) www.VATC.org (industry) o If the City of Virginia Beach decides to pursue TDFP assistance for this project, VTC will be happy to assist in moving this project forward. VTC hopes this letter answers any questions you may have in exploring the use of TDFP gap financing for this project. Sincerely, cc: Russ Kirk—Armada Haffler Construction Chris Harvey—Armada Hoffler Construction Bruce Smith—Bruce Smith Enterprises, LLC -.\ _1 , p♦ , t_7, ,UwS� :.•., <:`6`-LVYy CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the City Manager to Sign an Agreement between the City of Virginia Beach and Hillier Ignite, LLC for Construction and Dedication of a Park, to Be Named "Hillier Ignite Fitness Park" MEETING DATE: March 15, 2016 • Background: Hillier Ignite, LLC ("Hillier Ignite") has proposed to construct and dedicate to the City a fitness park on the sandy beach at 36th Street ("Fitness Park"). The Fitness Park will be approximately 2,000 square feet in size and will consist of fitness equipment, including swings, rings, ropes, pull-up bars and push-up bars. After construction, Hillier Ignite will dedicate the Fitness Park to the City. The Fitness Park will be open to the public for use, free-of-charge, by residents and visitors. The Fitness Park was originally intended to be located on the beach at 40th Street, but based on public input, this revised proposal instead will locate the Fitness Park on the beach at 36th Street. The Fitness Park would be located in front of the Sheraton Virginia Beach Oceanfront and the Belvedere Beach Resort, and the owners of both properties support the park and this location. The concept for the Fitness Park was developed by Virginia Beach businessman Luke Hillier. Construction costs are estimated to exceed $150,000 and will be paid by Hillier Ignite. Hillier Ignite has agreed to finance a capital maintenance repair fund for the ten-year anticipated life expectancy of the equipment ("Useful Life"), up to $50,000. Hillier Ignite is requesting that the Fitness Park be named "Hillier Ignite Fitness Park" for the Useful Life of the equipment. • Considerations: The City and Hillier Ignite negotiated an agreement to construct the Fitness Park on City property, and to dedicate the Fitness Park to the City upon completion of construction. The City has no responsibility for any construction- related costs. The City is required to perform routine inspection and maintenance of the Fitness Park. Hillier Ignite has agreed to finance a capital maintenance repair fund for the Useful Life of the equipment, up to $50,000. The Department of Parks and Recreation is seeking funding through the City's budget process to fulfill its maintenance obligations under the agreement. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance and Summary of Terms Recommended Actio • A pproval Submitting De• - ' .ency: Strategic Growth Area Officcp4C- City Manager: Ik 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO SIGN AN AGREEMENT BETWEEN 3 THE CITY OF VIRGINIA BEACH AND HILLIER 4 IGNITE, LLC FOR CONSTRUCTION AND 5 DEDICATION OF A PARK TO BE NAMED "HILLIER 6 IGNITE FITNESS PARK" 7 8 WHEREAS, Hillier Ignite, LLC ("Hillier Ignite") has proposed to construct and 9 dedicate to the City of Virginia Beach ("City") a fitness park on the sandy beach at 36th 10 Street ("Fitness Park"); and 11 12 WHEREAS, the Fitness Park shall be approximately 2,000 square feet in size, 13 and shall consist of fitness equipment, including swings, rings, ropes, pull-up bars and 14 push-up bars; and 15 16 WHEREAS, the Fitness Park shall be open to the public for use, free-of-charge, 17 by residents and visitors; and 18 19 WHEREAS, the concept for the Fitness Park was developed by Virginia Beach 20 businessman Luke Hillier; and 21 22 WHEREAS, the Fitness Park is estimated to cost in excess of $150,000 to 23 construct and the construction costs will be paid by Hillier Ignite; and 24 25 WHEREAS, after completion of construction, Hillier Ignite will dedicate the 26 Fitness Park to the City and Hillier Ignite has agreed to finance a capital maintenance 27 repair fund for the ten-year anticipated life expectancy of the equipment ("Useful Life"), 28 up to $50,000; and 29 30 WHEREAS, Hillier Ignite is requesting that the Fitness Park be named "Hillier 31 Ignite Fitness Park" for the Useful Life of the equipment; and 32 33 WHEREAS, the City and Hillier Ignite negotiated an agreement ("Agreement") to 34 construct the Fitness Park on City property, and to dedicate the Fitness Park to the City 35 upon completion of construction; and 36 37 WHEREAS, under the agreement, the City is required to perform routine 38 inspection and maintenance of the Fitness Park; and 39 40 WHEREAS, the Department of Parks and Recreation is seeking funding through 41 the City's budget process to fulfill its maintenance obligations under the agreement. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 46 (1) The City Manager is hereby authorized and directed to execute the Agreement, 47 on behalf of the City of Virginia Beach, with Hillier Ignite, LLC for the construction and 48 dedication of the Fitness Park; and 49 I II i I 50 (2) The City Council hereby authorizes the Fitness Park to be named "Hillier Ignite 51 Fitness Park" for as long as the Fitness Park remains in existence. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z11. Strategic Area Growth Office City Attorney's Office • APPROVED AS I CONTENT: if D went of Parks and Recreation CA13697 R-1 March 4, 2016 2 SUMMARY OF TERMS Agreement between the City of Virginia Beach and Hillier Ignite,LLC for Construction and Dedication of Fitness Park("Agreement") Parties: City of Virginia Beach("City") Hillier Ignite, LLC("Hillier") Purpose: To memorialize the rights and responsibilities of each party with respect to a 2000 square foot fitness park ("Fitness Park"), to be located on sandy beach owned by City at 36th Street. Term: Agreement commences upon execution, and continues until dedication and acceptance of the Fitness Park. Provisions of agreement on hours of operation, maintenance, no obligation to rebuild, change of location of Fitness Park, termination and notice remain in effect until earlier of end of Useful Life or Fitness Park is removed. Other: Anticipated life expectancy of Fitness Park is approximately 10 years ("Useful Life") Hillier's Responsibilities: • Cause design plans to be prepared for Fitness Park. • Obtain all permits necessary to construct Fitness Park. • Complete construction of Fitness Park in good and workman-like fashion. • Pay all construction costs related to Fitness Park. • Dedicate Fitness Park to the City. • Secure and maintain insurance during construction phase. • Pay any costs associated with violations of environmental laws. • Finance a capital maintenance and repair fund for the Useful Life of Fitness Park, up to $50,000. City's Responsibilities: • No responsibility for construction costs related to Fitness Park. • Provide written acceptance of Fitness Park(dedication). • Upon dedication, City will be responsible for day-to-day maintenance of Fitness Park. Other Terms: • Fitness Park will be named "Hillier Ignite Fitness Park" as long as the Fitness Park remains in existence. • Park is open to the public daily from dawn until dusk. • Replacement: No obligation for either party to replace or rebuild Fitness Park in event of fire, flood, earthquake, hurricane, etc. destroys Fitness Park. • City has sole discretion to relocate Fitness Park, at City's expense. • Indemnification-Hillier to indemnify and hold City harmless until dedication. • Modification: Agreement may only be modified by writing, executed by both parties. I �u a' "' 1,?:,i txT�: r=)„* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Lease Agreement With Lumos Networks, Inc. for Four Strands of Dark Fiber Located in the City's Communications Network MEETING DATE: March 15, 2016 • Background: The City of Virginia Beach ("City") owns a fiber optic network for the purpose of providing communications capabilities to City government facilities ("City Network"). Certain bundles of fiber optic cable installed as part of the City Network are excess because they are not currently needed to meet the City's communications needs ("dark fiber"). The City has engaged a consultant to analyze and determine how the City can best use its dark fiber in the City Network. The City anticipates developing formal policies and procedures in the next twelve months for leasing its dark fiber to third parties. The City's Department of Communications and Information Technology ("ComIT") received a request from Lumos Networks, Inc., a fiber optic network service provider that offers data, broadband, voice and IP service in the Mid-Atlantic region, to lease four strands of dark fiber in the City Network. In order to avoid a loss of service at the Oceanfront to customers of a major cellar phone service provider, Lumos has requested to connect to the City Network at 52nd Street/Atlantic Avenue and exit at 22nd Street/Mediterranean Avenue, covering approximately 2.8 miles. • Considerations: The City believes that the interest of the public, including the City's economic development goals, would be served by allowing Lumos to lease a portion of the dark fiber, in accordance with the terms of a short-term lease agreement. Although the City is in the process of developing formal policies and procedure for leasing dark fiber to third parties, the City is amenable to executing a short-term lease agreement with Lumos. The proposed lease agreement is for a six-month term with the option for one six-month renewal upon the mutual written consent of both parties. Under the terms of the proposed lease, Lumos will pay the City $15,000 for the term of the lease, and an additional $15,000 if the lease is renewed for a second six-month term. Lumos will apply for all necessary permits and will pay all associated costs to connect to the City Network. The proposed use of the City's dark fiber by Lumos will not interfere with the City's continued use of the City Network. ■ Public Information: A public notice was published in The Beacon on March 13, 2016. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms and Disclosure Form Recommended Action. Approval Submitting ',-pa 1 -nt/Agency: Com IT Q City Manage : ► vI, f4 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A LEASE 3 AGREEMENT WITH LUMOS NETWORKS, INC 4 FOR FOUR STRANDS OF DARK FIBER 5 LOCATED IN THE CITY'S COMMUNICATIONS 6 NETWORK 7 8 WHEREAS, the City of Virginia Beach ("City") owns a fiber optic network for the 9 purpose of providing communications capabilities to City government facilities ("City 10 Network"); 11 12 WHEREAS, certain bundles of fiber optic cable installed as part of the City 13 Network are excess because they are not currently needed to meet the City's 14 communications needs ("dark fiber"); 15 16 WHEREAS, the City has engaged a consultant to analyze and determine how 17 best to use the dark fiber in the City Network; 18 19 WHEREAS, the City anticipates developing formal policies and procedures in the 20 next twelve months for leasing the City's dark fiber to third parties; 21 22 WHEREAS, Lumos Networks, Inc. ("Lumos") is a fiber optic network service 23 provider that offers data, broadband, voice and IP services in the Mid-Atlantic region; 24 25 WHEREAS, Lumos desires to expand its communications capabilities in 26 Hampton Roads; 27 28 WHEREAS, in the interest of efficiency, Lumos finds that it is prudent and 29 economical to lease fiber optic cable, specifically, four strands of dark fiber, from the 30 City rather than to construct additional facilities of its own; 31 32 WHEREAS, although the City is still in the process of developing formal policies 33 and procedures for leasing its dark fiber to third parties, the City believes that the 34 interest of the public, including the City's economic development goals, would be served 35 by allowing Lumos to execute a short-term lease for four strands of dark fiber, in 36 accordance with the terms of a lease agreement; and 37 38 WHEREAS, the proposed use of the City's dark fiber by Lumos would not 39 interfere with the City's use of the City Network. 40 41 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 42 OF VIRGINIA BEACH, VIRGINIA: 43 44 That the City Manager is hereby authorized to execute a short-term lease 45 agreement between Lumos and the City, for a term of six months, with an option for an 46 additional six month extension, upon mutual written agreement of the parties, for four 47 strands of dark fiber in the City Network, in accordance with the agreement and such 48 other terms, conditions and modifications as may be acceptable to the City Manager 49 and in a form deemed satisfactory by the City Attorney. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia on the 52 day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: aarL ,C) � y azdtvi;/ Communication and I ormation City Attorney's Office Technology CA13508 R-1 March 2,2016 2 SUMMARY OF TERMS Dark Fiber Lease Agreement Between the City of Virginia Beach and Lumos Networks, Inc. LESSOR: City of Virginia Beach ("City") LESSEE: Lumos Networks, Inc. ("Lumos") TERM: Six months with the option to renew for one six-month term, upon mutual written agreement of the parties. LEASE FEE: Lumos will pay the City$15,000 for the term of the agreement and an additional $15,000 if the term is renewed. PROPOSED USE: Lumos will connect to the City Network at 52nd Street/Atlantic Avenue and exit at 22nd Street/Mediterranean Avenue,covering 2.8 miles GRANT OF LEASE: Lease for exclusive use of 4 strands of dark fiber, lease for nonexclusive use of each interconnection point, and lease for exclusive use of interconnection fibers connecting the leased fibers and each interconnection point. OWNERSHIP: All components of network remain property of the City. Fiber is leased only as dark fiber. City not required to provide additional goods or services. NO EXCLUSIVITY: Nothing in lease limits City's right to use or lease to others permission to use any component of the City Network(other than specific fibers and interconnection points leased to Lumos). ACCESS TO CITY FACILITIES: City is not required to construct or install any facilities for Lumos. All work on City network(constructing, lashing and slicing) is to be performed by City. City has right to relocate City network. Lumos must obtain all require permits, approvals,consents and authorizations. Lumos required to construct any infrastructure required to connect to City network. TERMINATION: City can terminate for cause,with notice and cure period. City can also terminate for convenience,with written notice at least 60 days prior to termination date. LIABILITY: Lumos required to indemnify and hold City harmless. Neither party is liable to other party for indirect,consequential, special, incidental or punitive damages, or lost profits. INSURANCE: Lumos must provide City with certificates of insurance prior to commencing work. Required insurance includes Worker's Compensation, Commercial General Liability,Automotive Liability, and Professional Liability Insurance. SECURITY: Lumos must provide letter of credit in favor or City or deposit funds with City Treasurer in amount equal to 200%of the annual lease fee. I Virginia Beach APPLICANT'S NAME Lu 01_05 /0e-114204s !me, . 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 FOR CITY USE ONLY/All dlsclusures must he t,pdated two(2)weeks prior to any Page 1 of 5 Planning COtTitinis<non and City Council rncetsnc1 that peetains to the applaationeg. 0 APPI_ICAN I NOTIFIED OF HEARING (_)A E.. NO CHANGES AS OF DA REVISIONS SUBMITTED 1)11 t Virginia Beach ❑ 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 other unincorporated organization. (A) List the Applicant's name:___LurrnQ_N_etW4rkB_IfQ. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) see attached file named "Lumos Networks Inc Officers Boad of Directors Feh 2016 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) SPP attached file named "I umns Nptwnrks Or° ( hart l 1pdated 2014 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ 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: If an LLC, list the member's names: Page 2 of 5 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, 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) 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 1/B Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return 0 d Architect/ Landscape Architect/ Land Planner ❑ y Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed gpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Highway Electric and Cox gEngineers / Surveyors/Agents Financing (include current syr mortgage holders and lenders U selected or being considered to provide financing for acquisition or construction of the property) El g Legal Services Real Estate Brokers / El I' Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El ( 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? Page 4 of 5 ! II fi3F Virginia Beach 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. Mar'! ?etty Mark Petty 2/26/16 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Lumos Networks Inc. --Board of Directors Lawrence J. Askowitz Timothy G. Biltz Robert E. Guth Julia B. North Shawn F. O'Donnell Michael K. Robinson Brian C. Rosenberg Michael T. Sicoli Jerry E. Vaughn Peter D. Aquino William M. Pruellage Lumos Networks Inc. -- Officers/Management Timothy G. Biltz President and Chief Executive Officer Joseph E. McCourt Jr. Executive Vice President and Chief Revenue Officer Johan G. Broekhuysen Executive Vice President and Chief Financial Officer Mary McDermott Senior Vice President—Legal and Regulatory Affairs and Secretary Diego B. Anderson Senior Vice President and General Manager of the Residential and Small Business segment (RSMB) Joseph A. Leigh Vice President—Human Resources Jeffrey Miller Senior Vice President—Business Development John N. Lewis Vice President of Information Technology William G. Davis,Jr. Vice President of investor Relations and Chief of Staff Thomas E. Ferry Vice President of Engineering& Program Management and Chief Technology Officer Glenn E. Lytle Vice President of Enterprise Sales Celia A. Kovac Vice President and Corporate Controller Chet Kudtarkar Vice President, Financial Planning&Analysis 1 1' Lumos Networks Corp. 80-0697274 " Lumos Networks Operating Lumos Company Payroll Corp 90-0673286 Lumos Inc. Networks Valley 45-4439142 Inc. 40% Network 54-1246324 Partnership I ®54-1484170 I25% DDR BroadBand Networks,LLC 02-0548214 Lumos Media Inc. 54-1416399 Lumos Telephone of Botetourt,Inc. Lumos Telephone Inc. 54-0359630 54-0172490 Lumos Networks of West Virginia,Inc. 54-2011548 Lams R&B Telephone Telephone LLC LLC - MT LLC (A) 44.7% 9% Po / \ / Lumos Networks, / �r / Vital N. LLC-84-1452950 / (D) '.. / 54-1674868 N. (A)-Mountaineer Telecommunications,LLC (B)-FiberNet of Ohio,LLC FNO LLC C -FiberNet Telecommunications of Pennsylvania,LLC 07 ( ) y 91-2070628 -Business Entity FNP LLC (Cl A -Single Member LLC entity(disregarded entities for Federal tax) sa-1514362 f FiberNet of Virginia Inc. ! _ -Multi Member LLC entity 22-3743661 c https://lumoscentral.lumosnet.com/legalregulatory/Shared Documents/Company Information/Org Chart Updated 2014 I II 1 �i +' •-i ,,,:;;,::,,,-• CITY OF VIRGINIA BEACH AGENDA ITEM ,J ITEM: An Ordinance to Add § 5-549 to the City Code Pertaining to Restrictions on Pet Shop Sales of Dogs. MEETING DATE: March 15, 2016 • Background: Virginia Beach is committed to the welfare and responsible breeding of companion animals. The City Council has been made aware of allegations that pet stores in the City have obtained dogs from puppy mills in other parts of the country and from brokers who perpetuate harmful breeding practices. Standing firmly with its citizens, the Virginia Beach City Council wishes to localize the national effort to discourage the puppy mill trade by passing an ordinance that not only prohibits pet shops from doing business with violators of the federal Animal Welfare Act, but also affirmatively encourages selling dogs rescued from humane societies and animal shelters. The Virginia Beach City Council has mirrored its proposed ordinance with Virginia Code § 3.2-6511.1, which was amended in 2015 to address the same animal cruelty concerns. The Virginia director of the Humane Society of the United States, Matthew Gray, issued a public statement praising such measures as "real, tangible protections, not just for puppies, but also for all Virginians who are seeking to add a dog or cat to their family." • Considerations: This ordinance limits the sources from which a pet shop can obtain a dog. Specifically, it requires that the pet shop obtain a dog from a humane society or private or public animal shelter or from a person who has not been cited for violating the Animal Welfare Act (7 U.S.C. § 2131 et seq.) It also requires a commercial breeder to be licensed by the U.S. Department of Agriculture before selling any dogs to pet shops. Further, this ordinance requires pet shops to maintain records verifying compliance for a period of two years. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmember Davenport REQUESTED BY COUNCILMEMBER DAVENPORT AN ORDINANCE TO ADD SECTION 5-549 TO THE CITY CODE PERTAINING TO RESTRICTIONS ON PET SHOP SALES OF DOGS SECTIONS ADDED: § 5-549 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 That Section 5-549 is hereby added to the Code of the City of Virginia Beach, 2 Virginia, and ordained to read as follows: 3 Sec. 5-549. Pet shops; procurement of dogs; penalty 4 5 A. A pet shop shall sell or offer for adoption a dog procured only from a humane 6 society or private or public animal shelter as those terms are defined in Virginia 7 Code § 3.2-6500 or from a person who has not received from the U.S. 8 Department of Agriculture, pursuant to enforcement of the federal Animal Welfare 9 Act (7 U.S.C. § 2131 et seq.) or regulations adopted thereunder, (i) a citation for 10 a direct violation or citations for three or more indirect violations for at least two 11 years prior to the procurement of the dog or (ii) two consecutive citations for no 12 access to the facility prior to the procurement of the dog. 13 B. It shall be unlawful for any commercial dog breeder who is not licensed by the 14 U.S. Department of Agriculture pursuant to the federal Animal Welfare Act (7 15 U.S.C. § 2131 et seq.) or regulations adopted thereunder to sell any dog to a pet 16 shop. 17 C. A pet shop shall retain records verifying compliance with this section for a 18 minimum of two years after the disposition of any dog. 19 D. Any person violating any provision of this section is guilty of a Class 1 20 misdemeanor for each dog sold or offered for sale. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA13569 R-1 February 12, 2016 0'1 '447 4,11 140 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City's Property known as Lake Wesley located at the rear of 549 Virginia Dare Drive MEETING DATE: March 15, 2016 ■ Background: CBC Holdings, L.L.C, a Virginia limited liability company has requested permission to remove an existing pier/dock, construct and maintain a 7' masonry wall on top of an existing concrete bulkhead/wall, a 8' x 13' fixed pier, a 5' x 22' gangway, three 6' x 24' floating access piers, a boatlift, 2 dolphin pilings, a mooring pile, and a 8' x 90' floating dock (collectively the "Temporary Encroachments") into City Property known as Lake Wesley at the rear of 549 Virginia Dare Drive. The exhibit to the attached encroachment agreement provides the locations and details of the Temporary Encroachments. • Considerations: City Staff has reviewed the requested Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments along Lake Wesley, which is where CBC Holdings, L.L.0 has requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15-foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. I II I • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Disclosure Statement Pictures and Location Map Recommended Action: Approval of the ordinance Submitting Departme . ' •ency: Public Works/Real Estate a 0 pf City Manager: Ilik Requested by Department of Public Works 1 AN ORDINANCE TO AUTHORIZE A 2 TEMPORARY ENCROACHMENTS 3 INTO A PORTION OF THE CITY'S 4 PROPERTY KNOWN AS LAKE 5 WESLEY BY CBC HOLDINGS, 6 L.L.C, 7 WHEREAS, CBC Holdings, L.L.C, a Virginia limited liability company, desires 8 to remove an existing pier/dock, construct and maintain a 7' masonry wall on top of an 9 existing concrete bulkhead/wall, a 8' x 13' fixed pier, a 5' x 22' gangway, three 6' x 24' 10 floating access piers, a boatlift, 2 dolphin pilings, a mooring pile, and a 8'x 90'floating dock 11 within the City's property located at Lake Wesley (collectively the "Temporary 12 Encroachments"). 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 14 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 15 the City's property subject to such terms and conditions as Council may prescribe. 16 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, CBC Holdings, L.L.C., its heirs, 20 assigns and successors in title are authorized to remove an existing pier/dock, construct 21 and maintain a 7' masonry wall on top of an existing concrete bulkhead/wall, a 8' x 13' 22 pier, a 5' x 22' gangway, three 6' x 24' floating access piers, a boatlift, 2 dolphin pilings, a 23 mooring pile, and a 8' x 90' floating dock within the City's property located at Lake Wesley 24 as shown on the map entitled: "Exhibit"A"SHOWING 15' BUFFER, DECK AND PIER FOR 25 LOT 22, RESUBDIVISION OF PART OF CROATAN BEACH 549 VIRGINIA DARE DRIVE 26 VIRGINIA BEACH, VIRGINIA FOR CBC HOLDINGS, L.L.C," Sheets 1 of 4 and 2 of 4, 27 dated February 4, 2016, a copy of which is attached hereto as Exhibit A, and on file in the 28 Department of Public Works and to which reference is made for a more particular 29 description; 30 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 31 expressly subject to those terms, conditions and criteria contained in the Agreement 32 between the City of Virginia Beach and CBC Holdings, L.L.C, (the "Agreement"), an 33 unexecuted copy of which has been presented to the Council in its agenda, and will be 34 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 35 Beach; 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; and 1 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 39 such time as CBC Holdings, L.L.0 and the City Manager or his authorized designee 40 execute the Agreement. 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 day of , 2016. CA-13472 R-1 PREPARED: 3/3/16 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: AC UBLIC WORKS, REAL ESTE - O- ' 4EY 2 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 '2- day of MO , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CBC HOLDINGS, L.L.C, a Virginia limited liability company, its heirs, assigns, and successors in title, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 22", as shown on that certain plat entitled "RE- SUBDIVISION OF PART OF CROATAN BEACH, PRINCESS ANNE COUNTY, VIRGINIA", dated June, 1954, prepared by C. A. Bamforth, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 549 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove the existing pier/dock, construct and maintain temporary encroachments: a 7' masonry wall on top of an existing concrete bulkhead/wall, a 8' x 13' pier, a 5' x 22' gangway, three 6' x 24 floating access piers, a boat lift, 2 dolphin pilings, one mooring pile, and a 8' x 90' floating dock within the City's property located at Lake Wesley (collectively the "Temporary Encroachments"), in the City of Virginia Beach; GPIN: CITY PROPERTY— 2427-20-6108 GPIN: 2426-29-9747 - 549 Virginia Dare Drive II WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley (formerly Croatan Bay) the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A' SHOWING 15' BUFFER, DECK AND PIER FOR LOT 22, RESUBDIVISION OF PART OF CROATAN BEACH 549 VIRGINIA DARE DRIVE, VIRIGNIA BEACH, VIRGINIA FOR CBC HOLDINGS, L.L.C," Sheets 1 of 4 and 2 of 4, dated February 4, 2016 a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. An 3 access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 II this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said CBC Holdings, L.L.C., a Virginia limited liability company, has caused this Agreement to be executed by C. Burton Cutright, Manager of CBC Holdings, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (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 , 2016, 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 , 2016, 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 CBC HOLDINGS, L.L.C., a Virginia limited liability company By IA (SEAL) C. Burt.' Cutrig t, Manager STATE OF CITY/COUNTY OF ({,ve5aptcat , to-wit: The foregoing instrument was acknowledged before me this 2q day of F:e.h rcova; , 2016, by C. Burton Cutright, Managerr of CBC Holdings,L.L.C., a Virginia limited liability company. ed1641 111 .1 1 (SEAL) Notary Public Colleen M.McCarthy Notary Registration Number: Commonwealth of Virginia L!LI" Commission`otary Public No.358553 My Commission Expires: ' '' *Commission Expires 4/30/2017 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL - - ICIEN Y AND FORM IV_ elk SIGNATURE DAN A: YER, ')- 4 - \ LQ -'' S R ITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 7 11 LAKE WESLEY 'REMOVE THE EXISTING PIER, •^F. FORMERLY I PILINGS,RAMP AND 0l'4 0 CROATAN BAY ACCESSORIES PRIOR TO N01•92 PROPOSED WALL TO BE INSTALLED ON INSTALLING NEW PIER 4, 114/ EXISTING BULKHEAD TO ELEVATION 7.0 NOTE: ��6/ 61 NEW PIER TO BE 5 , INSTALLED IN '` N�6 °1 ACCORDANCE TO ( ,5' ,�� °ryp , ;' �• y ` QG• THE PLAN AND I„R,� - PERMIT ISSUED BY SED FIXED r j�' \° °y '® 0 '1 PIER 8W x 13 AND • THE ARMY CORP G o GANGWAY 5W x 22' , .-$'' 10 OF ENGINEERS I SEE SHEET 2 F ', �'� ,. e'I NEW MASONRY WALL FLUSH °� ..E ITHEET 2 F B`&~ VA-_, y , 001'**� I o 23 W/NEW LANDING AREA ELEV 7.0 21 .fL- . ,�.9 PROPSED WALL TO BE - hg°i N ,,-Y fj� ti ,, < ' �.- wii- ®I INSTALLED ON EXISTING �` -- , A► ®: '�. i, ,07% X0 BULKHEAD TO ELEV.7.0 t elk u.o� � , Z: 0:-'-' 9 LZ _ - p'°°o' I . NOTE: �2,,, - p - -rt, " �',,• `,� 0 SEE SHEET 3 OF 4 , 9y k� —, , j_.�� ,\�°>,1' © FOR PLANT LIST _� a , �. \ o ``�' .; ` % q 38.3 N '4 4 EDGE OF PLANTING BED(FYP ) 1 l�' ' n ]. 1 is,;„;, li 1.5 SSTORY 2.5 .it iw NOTES: 5.0',: � FRAME c �. w t`F 0 ADJUST PH OF SOIL TO 5.0 TO 6.3 l ,,56.7 in ,ref ,,:75,5* .,a to .¢t�' o A:.:•y_ ,'6, i_ \ •=4 INSTALL ALL PLANTINGS PER a 7• ��JJ ev •a`' .;1„;:. ''�•, , + , AMERICAN NURSERYMEN <� STANDARDS. 1 -••-•,�-:.\b' n CO 460 ,•yp .\��0 /' ca\ \tip .°°�<' `` tk ,, ` PLANTING MEDIUM TO CONSIST x r r OF 20%ORGANICS.3 1 j�C -iyO f t p` � 4 � C\ ac�k Ga 4`� hp° ' A \-..`'' c `1, 0 ,"1, Y " 24.4' ... \ \ .:.s Iii > '\ = �° -- �° +'-; �°' \� .'. I - INSTALL 3"SHREDDED �2 � • .. t` 9\.°a._0,, y �6 3ih' HARDWOOD MULCH Ci 608.84 t ... ,,, LANDSCAPE PLAN �} 7., "3�`1 a }:�� `gip ,% THOMAS PREPARED BY: ,, eQ` THOMAS J. STEELE, LA \�'\ moo?` �' S32' 6�10"W " \`' },�- �_ ,``� 9100 RIVER CRESCENT OO.t)Q :o5> >` �9c c*o��c,p ,o \ti ', .•.,(3:t+` o`'\• °-ti \p:�e SUFFOLK,VA.23433 . A a -_ _Rpt W PH:757-705-0386 .. VIRGINIA DARE DRIVE ( 0 R/V11) ``ryo EXHIBIT"A" ,\°� FORMLY SECOTA(•F20AD \`b MICHIGAN STATE SHOWING 15'BUFFER, DECK AND PIER (M.B.37,PG.11) UNIVERSITY'74' FOR i BA, LA. LOT 22, RESUBDIVISION OF PART OF i 1.,, £ AMERICAN CROATAN BEACH 549 VIRGINIA DARE DRIVE Engineeringg VIRGINIA BEACH,VIRGINIA FOR American Engineering Associates-Southeast,P.A.Inc. E 3351 Stoneshore Road LL CBC HOLDINGS, LLC SHEET 1 OF 4 Virginia Beach,VA 23452 757-468-6800 Date Project Scale Drown By Source _Drawinq Poth\Nome, Layout 02/04/16 15050 _ 1'=30' _ MGH M.B. 37, PG. 11 W:\151050LExhibit A\15050 Exhibit Adwq, 01 II LAKE WESLEY PROPOSED FLOATING FORMERLY I DOCK 8WX90' �,NN1 CROATAN BAY PIL EXTENDED ` G PROPOSED '5' 'SEE SHEET 3 OF 4 DOLPHINS X2 h--24'--I 56.8' `kS3- FOR LAKE WESLEY I FELEC.PED UIDE PILE X9 I CHANNEL AND DIMENSIONS TO P/L EXTENDED N PROPOSED WATER PIER TIEDOWN PED IMPROVEMENTS. PROPOSED BOATLIFT 25K 130K CAPACITY PROPOSED 1 10a, CLEAT MOORING PILE I N \ 32.9' A. •ROPOSED FLOATING PP) ACCESS PIER X2 PROPOSED FLOATING 10'-t ,• 6Wx24 L ACCESS PIER 6Wx24'L S cam- o 00 N �► bh/`\ p'1' I N . 32.9' K90. �btip o - SHEET FOR 10.2' �� o :.:!;-'s DEPICTION OF �� \\\4 24.0' o1- x�yo 35.2' f •,.,o„' .8' o ADDITIONAL PIERS o X o ,, 1__--._' \ AND FLOATING r DOCKS. t. tie ' -ilitilliallair//4 ' '\* • ‘ °A ... :} . ful”" • •** 6 , , h 22 .-&' NOTE: {' ' ` "` SEE SHEET 4 OF 4 -'y oFOR PLANT LIST .^ . pa p _ is YD . ti* ",p c; , ,i. 4 -.e ; ,, .\h �. ,11 �,. ,c,, . I N 38.3' ,1 '.5 j.x tr 27.5' V_ 1 } V f,, W 1.5 STORY 2.5' , 1 w LANDSCAPE PLAN 1 - ' FRAME ,c 5.0' - N t s PREPARED BY: ,96.7 vi °;t ;y 7.5' .4,3 in ,��` �..�..1t THOMAS J. STEELE, LA -4'I`1 • c x' •.,..' ,kc. t, T.3.-r.:-zit),, ,.; 9100 RIVER CRESCENT ,-;\• h5,y F. T� SUFFOLK,VA.23433 PH:757-705-0386 EXHIBIT"A" MICHIGAN STATE SHOWING 15'BUFFER, DECK AND PIER BALA UNIVERSITY'74' FOR i BA, LA. I LOT 22, RESUBDIVISION OF PART OF CROATAN BEACH 549 VIRGINIA DARE DRIVE Engineering o VIRGINIA BEACH, VIRGINIA FOR American Engineering Associates-Southeast,P.A.Inc. ? 3351 Stoneshore Road LL CBC HOLDINGS, LLC SHEET 2 OF 4 Virginia Beach,VA23452 757-468-6800 Dote Project Scale Drawn By Source Drawing Path\Name, Layout 02/04/16 15050 1"=30' MGH M.B. 37, PG. 11 I1:\15\050\Exhibit A\15050 Exhibit Adwq, 02 1 1 11 1 1 LAKE WESLEY 'REMOVE THE EXISTING PIER, A2 C"��, FORMERLY I PILINGS,RAMP AND ACCESSORIES PRIOR TO N0�10 -0- PROPOSED WALL TO BE INSTALLED ON CROATAN BAY INSTALLING NEW PIER yo �\0 92,---- EXISTING BULKHEAD TO ELEVATION 7.0 NOTE: .. �� NEW PIER TO BE S , 411 INSTALLED IN I /h o� .. � ` / .,.1 ACCORDANCE TO F' „p ,_ xo,.• ® 9C2- THE PLAN AND I OSED FIXED '• ro ��> PERMIT ISSUED BY PIER 8'W x 13'AND m `�0• THE ARMY CORP GANGWAY 5W x 22' / '`- �' 10 OF ENGINEERS o EI I NEW MASONRY WALL FLUSH SEE SHEET FIs x8 f /{ 6111 o W/NEW LANDING AREA ELEV 7.0 3S 06==���al � � . 23 21 ,'' fL0, TING D0 x f»'.:j w'_ ,. `� 9 PROPSED WALL TO BE t ,r t9 V `� INSTALLED ON EXISTING " .• '•, _. vit�'r` 1C- 9 i ! BULKHEAD TO ELEV.7.0 30 w ►►�!f�;'e`' a ti. P ± ¢� '•'" >, 2? ,,",°o I An NOTE: m,� �� ti , h'<aglir SHEET 3 OF 4 SEE 4 FOR PLANT LIST •' _ ,,� •` •;�. i q 38.3. N .• EDGE OF PLANTING BED(TYP) N 1.5 27.5' STORY 2'5'vi • Mw NOTES: w ` FRAME o 5'0•: LAKE WESLEY PROPOSED FLOATING �� FORMERLY DOCK 8'WX90' / 1•\1 CROATAN BAY P/L EXTENDED �: QG' PROPOSED '5 SEE SHEET 3 OF 4 DOLPHINS X2 I---24'--1 56.8' 1 ��0' FOR LAKE WESLEY 1 ELEC.PED � CHANNEL AND UIDE PILE X9 1 DIMENSIONS TO N PROPOSED WATER P/L EXTENDED . PIER TIEDOWN IMPROVEMENTS. PED ` PROPOSED BOATLIFT 25K/30K CAPACITY PROPOSED 1 10N CLEAT MOORING PILE 1 + 32.9' PROPOSED FLOATING (NP) ! I' ACCESS PIER X2 o 6'Wx24'L PROPOSED FLOATING i0'4 %,h,. o ACCESS PIER 6'Wx24'L , \ o N ' 1 ��� ' 32.9' SHEET FOR 10.2' . . i,‘* }b'�' o Y o DEPICTION OF . N� � 24 0' - Tod '' l ti ADDITIONAL PIERS 35.2' .h�,cC''56.8' AND FLOATING' Ile; 'IF DOCKS. h "� 23 21 �% ,, �. --4---00,--4 y, • �, . , 4 � R �, / -4. .46";,. . .?1, y c P' i * O r mosio Hyl yam' !.411" `/' ,.-. .. c� fre". 2, til a 11 " itiirn.. '� MIP. . . . .. 0 .. ''b'-' -2 NOTE: .o bbababbeb-:.ffi.. .' •°x,o b �" SEE SHEET 4 OF 4 . FOR PLANT LIST L? S '`1' .5. ' 38.3' 'Is! r' cr in - 27. ' N 1.5 SSTORY , 25 �' , r LANDSCAPE PLAN 'N` - FRAME o 5'0 N {1).3 PREPARED BY: 1 ,46 7 "' "�'� ._ \ 5' 'a THOMAS J. STEELE, LA �\7w e}\ x'.„, �h, ,,i hale ':\ `'• 'F- 9100 RIVER CRESCENT . 11.! x ' ' -^ SUFFOLK,VA.23433 PH: 757-705-0386 EXHIBIT"A" MICHIGAN STATE SHOWING 15'BUFFER, DECK AND PIER UNIVERSITY'74' FOR BA' LA. LOT 22, RESUBDIVISION OF PART OF AMERICAN CROATAN BEACH 549 VIRGINIA DARE DRIVE Engineering VIRGINIA BEACH,VIRGINIA FOR American Engineering Associates-Southeast,P.A.Inc w 3351 Stoneshore Road LL CBC HOLDINGS, LLC SHEET 2 OF 4 Virginia Beach,VA 23452 757-468-6800 Dote Project Scale .Drawn By , Source , Drawing PathlName, Layout ...92L4/16 15050 1"=30' MGH M.B. 37, PG. 11 V:\15,050\Exhibit A\15050 Exhibit Adwg, 02 I II 1 CZG 02X-211x,S L LLC- Virginia Beach APPLICANT'S NAME Corea '. W" DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property •Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4. • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. II • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must he updated two (2)weeks prior to any Page 1 of 5 Hanning Commission and City Council meeting that pertains to the application(s). 70APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DA I E: .3t7 1 o REVISIONS SUBMITTED DATE: II 113(pry f Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ef Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: C-GC If an LLC, list all member's names: Corey If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) n la (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) in la See next page for information pertaining to footnotes.' and 2 • s 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. [B7 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: C-L «ZtLLLb If an LLC, list tile member's names: r.,_ Q.vAbm C.,rEMW- Page 2 of 5 \Liotud Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, 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) 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 I II I I Sty of Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return dArchitect/ Landscape Architect/ Land Planner '(.owt See(e. ❑ LJ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers r1►14 Any other pending or proposed ❑ E' purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 414 ❑ d Construction Contractors r1I4 ❑ Engineers / Surveyors/Agents MpW. ,t a -tom,, m Penrt►tic- Financing (include current Cav`'rrovomealr'cL �rN1"�"''"' ekz.twt�catl, ❑ Er mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 2 ❑ Legal Services 5�ILS 'i 6ou 146t hevvt A Lot Lft• Real Estate Brokers / ❑ d Agents/Realtors for current and %/A 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 ❑ al 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? Page 4 of 5 Virginia Beach 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 App 'cat'•n. Sur-6A l- Care AP CAN '' IG -.T RE PRINT N�EV � Cu�'r'�k ��2d A1 TE PR(4'ERT OWNER'S SI NATURE PRINT'NAME DATE Page 5 of 5 to m ' to n , , . 1\, Gq $> 3� Of ' . 1 -oh. SU fp AN i 13 {'ems OJ l 1 n vo c I '`. Cit. �' L_ 3� Gca 'I ,, N dA 1 til T lc in A-, It <' N II ;Q tea, s _ . I ,. D , Asu� r '' f"F a r G. G01 n o �_ -. 11 • 3 :f rs ,i1§, i t `l' F" ClQ , " im. ,....• r € -.` 1 I VI Mi , ..•• ' • . . . ..V., : -.''''''k < 0WI ; ) V z 3 tAll, L.1.10 = • C • '.: `!- .....-. M 11"P • i''' ..., ' .. . > * I .. . el ." .... ., - M 101114 ;. el• se- i ' •• tn Do el ..,. I 0 ., .:,... o. . . ,. ,0 4 = .... 1 ,..,... . , I— F— ., . r 1 1"• ' ...., r, ...-1- - ----•,.. j it U'1 PPI ' ko n 14 < o lIa II r IP fD r y, DP el •ter I I,. ail ..... nii 41• Z T 2 7-"N--,,1<‘,,p --________L ,, ID A n n 2 4" ' a ---„,___/ cs_ n VYa fl L 331m o r+ r- v <' I �1.1 LiRc/Niq / 'l V qRF pR M. 03 and'3Q1S�a1s n s R _ 4 i 1111111 30 Er o T A n D O, ISIS Z NZO =D -o opomm0 a �D � z àttt+ m (n ll 3 m • II (+ 4\ 1ra S g!y CITY OF VIRGINIA BEACH AGENDA ITEM .J ITEM: A Resolution Appointing Terri Heather Chelius to the Position of Deputy City Clerk II MEETING DATE: March 15, 2016 • Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." • Considerations: This resolution appoints Terri Heather Chelius to the position of Deputy City Clerk II, effective March 7, 2016. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt resolution Submitting Ddt nt/Age y: City Clerk City ManageIik lir��j I 1 il i Is°sc��efacy. 1 L`,yti :; CITY OF VIRGINIA BEACH AGENDA ITEM J ITEMS: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Kempsville Rescue Squad Inc. for the Purchase of a New Ambulance MEETING DATE: March 15, 2016 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services, and they do not charge patients for the medical treatment or transportation services. The primary source of revenue for the volunteer rescue squads is through their annual squad fund drives. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel; paying utility bills for facilities housing a rescue squad; providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, and fuel for ambulances, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City has historically provided short-term, no-interest loans to the volunteer rescue squads. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The Kempsville Rescue Squad Inc. (KVRS) requests an interest-free loan from the City for an ambulance that will be used as an addition to their fleet. The KVRS has increased membership and station staffing over recent years and is now required to regularly operate out of an additional location in the Woodstock area of the City. This additional ambulance will ensure adequate fleet coverage for the rescue squad's staffing and response areas. • Considerations: This agenda request includes a letter from the KVRS requesting this loan. If approved by Council, the KVRS loan amount would be $163,000, payable in five equal annual payments of $32,600 each, with the first payment due on August 30, 2017. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Alternatives: The alternative to this request is to pursue a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. • Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. • Attachments: Ordinance; Loan Agreement; Promissory Note; Letter from the KVRS requesting the loan. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Service City Manager: Fw, I II i 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE KEMPSVILLE RESCUE 3 SQUAD, INC. FOR THE PURCHASE OF A NEW 4 AMBULANCE 5 6 WHEREAS, the Kempsville Rescue Squad, Inc. has requested an interest free loan 7 of$163,000 to purchase an additional ambulance with required equipment. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That$163,000 is hereby appropriated from the fund balance of the General 13 Fund for an interest-free loan to the Kempsville Rescue Squad, Inc. for the 14 purchase of an additional ambulance; and 15 16 2. That this loan is to be repaid by Kempsville Rescue Squad, Inc. over five (5) 17 years, pursuant to the terms of the attached agreement and promissory note. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 20 , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \ )-• • Budget and Management Service e 's Office CA13575 R-1 February 19, 2016 KCEMPSVILLE RESCUE SQUAD INC . P.O. BOX 62345 • VIRGINIA BEACH, VA. 23466 757-340- KVRS • www.kvrs.org February 6,2016 Chief Ed Brazle Virginia Beach Department of EMS 477 Viking Drive,Suite 130 Virginia Beach, VA 23452 Dear Chief Brazle, I'm writing on behalf of the Kempsville Volunteer Rescue Squad to request a No-Interest Loan from the City of Virginia Beach.The loan;will be'used for the purchase of a new ambulance for our squad. This new ambulance will he art-additional ambulance added to our existing fleet of five ambulances. Our increasirill:Voitstie eO,pled wi{'o r desire to staff ambulances at Station 9, 10 and 19 requires d oral tru to We for ave the new unit in service by mid-summer. ,�{' We request a loan for One mdredy Three Thousai do a „whi` we would like to repay in five annual installments. I tie.reqted amount includts the'cost of White and related equipment. Currently,Kempsville Volunteer Rescue Squad has three loans with the city. ei Loan#-1-(Unit 921)has an annual payment of$12,000.00 due June 17each year through 2016 with 1 payments re%naining. • Loan#2(Unit 920)has an annual:payment hf$16,000.0(141;- -Auguste 15`each year through 201`7 with 2payments rernainl, - • Loan#3 (Un" 9 has an arntal payment of 5,200110 die gust 1st each year through 2020�h mets reltaintHg � t ; .. . If you need any further informaty ' lase het me know."rill k you for your consideration of our request. E.. ,,. s . Sincerely, Jaws P. 13re4/,,-�t�'' James Brewer,Ambulance Coordinator PROMISSORY NOTE $163,000 Virginia Beach,Virginia March 15, 2016 FOR VALUE RECEIVED, Kempsville Rescue Squad, Inc. ("Maker") promises to pay,without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of ONE HUNDRED SIXTY THREE THOUSAND DOLLARS ($163,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%)per annum. Payment on principal shall be as follows: On or before August 30, 2017 - $32,600 On or before August 30, 2018 - $32,600 On or before August 30, 2019 - $32,600 On or before August 30, 2020 - $32,600 On or before August 30, 2021 - $32,600 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Kempsville Rescue Squad, Inc. (SEAL) Title: Date: ! I II Agreement between the City of Virginia Beach and the Kempsville Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2016, by and between the CITY OF VIRGINIA BEACH,VIRGINIA("CITY")and the Kempsville Rescue Squad Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia§§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices,pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle,unless 1 prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then,upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. KEMPSVILLE CITY OF VIRGINIA BEACH RESCUE SQUAD, INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 L CITY OF VIRGINIA BEACH \. AGENDA ITEM ,/ ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Purchase of Equipment and for Volunteer Recruitment and Retention Initiatives MEETING DATE: March 15, 2016 • Background: The General Assembly established the Four-for-Life program to provide financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies to fund EMS programs. Pursuant to the Code of Virginia §46.2- 694, the Four-for-Life program collects an additional $4.25 on each state automobile license purchase each year. A portion of these funds are used to support the Virginia Rescue Squad Assistance Fund (RSAF) grant program. The RSAF grant is awarded by Virginia Department of Health's (VDH) Office of Emergency Medical Services (OEMS), and its goal is to fund eligible items such as EMS equipment, vehicles, computers, EMS management programs, courses/classes and projects benefiting the recruitment and retention of EMS members. • Considerations: The Department of EMS has been awarded a grant of $129,968, which is comprised of about $64,984 in state funding and requires a 50% local match of roughly $64,984. Similar funds have been awarded in prior years. The grant funds will be used to purchase twenty (20) Panasonic Toughbook Computers for mandated medical data reporting; to purchase six (6) video laryngoscopy devices for oral intubation; and to fund volunteer recruitment and retention initiatives. Currently, there is $15,500 available in EMS' FY 2015-16 operating budget which was allocated to fund volunteer recruiting and retention. This $15,500 and approximately $49,484 from General Fund Reserve for Contingencies will be used for the local match. As of February 16, 2016, the remaining balance is $544,702. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Approval of ordinance. • Attachments: Ordinance Recommended Action: Approval itio Submitting De• - A gency: Department of Emergency Medical Servic4g�-`-� City Manager: I II .I I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER FUNDS FOR 3 THE PURCHSASE OF EQUIPMENT AND FOR 4 VOLUNTEER RECRUITMENT AND RETENTION 5 INITIATIVES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1) $64,984 is hereby accepted from the Virginia Department of Health, Office 11 of Emergency Medical Services, and appropriated, with estimated state revenues 12 increased accordingly, to the FY 2015-16 Operating Budget of the Department of EMS 13 to purchase 20 handheld computers and 6 video laryngoscopes, and to fund volunteer 14 recruitment and retention initiatives. 15 16 2) $15,500 is hereby transferred within the FY 2015-16 Operating Budget of 17 the Department of EMS to provide a partial local match. 18 19 3) $49,484 is hereby transferred from the General Fund Reserve for 20 Contingencies to the FY 2015-16 Operating Budget of the Department of Emergency 21 Medical Services to provide a partial local match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c2,?/\3i Budget and Management Se ces City A e s ce CA13574 R-1 February 19, 2016 I I II i I L. PLANNING 1. CULLIPHER FARM and POTTER PROPERTIES GROUP LLC for a Conditional Use Permit re a Farm Stand (Stoney's) at 1065 First Colonial Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. MARGARET BAIN for a Conditional Use Permit re a residential kennel at 1652 Flanagans Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL x cfrQGa Cy, )x: As ,1 Lf) 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, March 15, 2016 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 5-LYNNHAVEN CULLIPHER FARM /POTTER PROPERTIES GROUP LLC Conditional Use Permit (Farm Stand) 1065 First Colonial Road (GPINs 2408530661, 2408535486,2408534687) DISTRICT 7-PRINCESS ANNE MARGARET BAIN Conditional Use Permit (Residential Kennel) 1652 Flanagans Lane (GRIN 2413579634) CITY OF VIRGINIA BEACH- pUBLIC HEARING ONLY ON The adoption of the City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City,2016,which will supersede the Virginia Beach Comprehensive Plan 2009 and will contain the following: Preface, Planned Land Use Map, Urban Areas, Suburban Areas, Princess Anne Commons&Transition Area, Rural Area, Military Installations & Support, Master Transportation Plan, Environment Stewardship Framework, Housing and Neighborhood Plan, Economic Vitality, Plan Implementation and the Technical Report, Reference Handbook and Incorporated Plans and Amendments Thereto 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 ttv,,,,_wwriv)'2.U3. ,'.,,,,: For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: FEBRUARY 28,2016 & MARCH 6,2016 i ,S r• a f � 4 ":-3 )•% .----rd 5t - -'- 1:\\\Iiii1 I. dn' 'li f f rte` .1, \ i II ill"1:1;11111 CV" II i . , -:..... O. , 4:(1'-' ope'r**--3'.----:::::::: :::. _._•;.---* ' 1 tis' Ci i' �+ 1, , nn li:Sji 0 C • .twor 1. Ic t 1 0. ti CO1--67t) eit 16° 1114, VS' 01 CI' , la ...:\• ' C)i 06gr. 4' „..!.,..1.1 litht ...., t...._ i , % %.---- ' iserd.„...") 5 el 3 ' 4 6047 if 15 Ili1 2 \ I:0_ O. f ., t E +tL, , j g Q33 Zi i --j CI / it....±....,." 42, F S ` T:_- --7-______LI- .•.- fit; 7Nit, i� z"1= ,ri [ OtS-'14%., 6/ ,c--:.7, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CULLIPHER FARM [Applicant] POTTER PROPERTIES GROUP, LLC [Owner] Conditional Use Permit for a Farm Stand. 1065 First Colonial Road (GPINs 2408530661, 2408535486, 2408534687) COUNCIL DISTRICT—LYNNHAVEN MEETING DATE: March 15, 2016 ■ Background: A Conditional Use Permit for a farm stand was approved by City Council on the subject site on November 13, 1996. For the past 20 years a 1,000 square foot farm stand, specifically Stoney's, has operated from the site. The previous tenant has since vacated the site and removed all structures on the property with the exception of the farm stand building. The applicant wishes to take over the lease on the property and construct a 2,500 square foot addition. Considerations: The proposed farm stand addition will include a large open area to sell produce, seafood and other locally harvested products, as well as a small ice cream counter. The facades of the building will contain several overhead doors that are intended to be open to create an open-air market feel. The farm stand will have a green metal roof and will be capped with a cupola. Access to the farm stand will remain from First General Parkway, a private roadway with access to First Colonial Road. The parking area will remain crushed shells with the exception of a paved area for handicap parking. The site will be connected to City water and sewer and the applicant will provide one handicap accessible bathroom. A large portion of the site will be cultivated, particularly the two parcels on the north side of First General Parkway. The farm stand will be opened seasonally, from April to December. 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. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11 to 0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions of the November 13, 1996, Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 1 1 I Cullipher Farm Page 2 of 3 2. Except as modified by any other condition of this Conditional Use Permit, the development of the site shall substantially conform with the submitted site layout as depicted on page seven of this report entitled, "SITE LAYOUT CULLIPHER FARM, 1065 FIRST COLONIAL ROAD," and which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit, the development of the building shall substantially conform with the submitted floor plan entitled, "CULLIPHER FARM STAND, FIRST COLONIAL ROAD, VIRGINIA BEACH, VIRGINIA, SHEET THREE," dated October 28, 2015, and prepared by Space Planning by Linda Parrett Associates. Said floor plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. Except as modified by any other condition of this Conditional Use Permit, the development of the building shall substantially conform with the submitted building elevations entitled, "CULLIPHER FARM STAND, FIRST COLONIAL ROAD, VIRGINIA BEACH, VIRGINIA, SHEET FOUR," dated October 28, 2015, and prepared by Space Planning by Linda Parrett Associates. Said elevation drawings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 5. Standard parking lot improvements shall not be required. A crushed shell parking area surface is permitted, with the exception that paved handicap parking space(s) shall be provided with paved access to the facility, as per ADA requirements. Parking stops shall be added within the parking area to clearly identify parking spaces. 6. Portable restroom facilities will be permitted for one year and must be provided until the proposed improvements/additions to the farm stand are complete, at which time a minimum of one permanent restroom facility shall be provided. The restroom facility shall be ADA compliant. 7. There shall be one access point allowed from First General Parkway, as shown on the submitted site layout. There shall be no direct access permitted from First Colonial Road. 8. The site shall be permitted no more than three signs, one of which may by a freestanding sign. A separate permit from the Planning Department, Zoning Office, shall be obtained prior to the installation of any signage. 9. The two parcels located to the north of First General Parkway (GPINS 2408534687 & 2408530661) shall continue to be cultivated for the entire duration of the site's use as a farm stand. Cullipher Farm Page 3 of 3 10. All products sold at the farm stand shall be limited to those specifically indicated within the definition of an "Agricultural-related product," as defined in Section 401 (e)(3) of the Zoning Ordinance. This shall include honey, maple syrup, jams, jellies, preserves, relishes, juices, cider, milk, ice cream and other dairy products, peanut butter, cheese, eggs breads and other baked goods, fresh seafood, poultry and other meats, ornamental plants, flowers, pottery, hanging baskets, wood carvings, potholders and other hand crafted items having an agricultural theme, and similar items. Also included is bottled water, soda and items or apparel displaying exclusively the name of the farm stand shall be allowed, provided that the display of such apparel shall not exceed ten (10) percent of the floor area of the establishment. 11. No parking shall be permitted or no structures shall be installed, with the exception of a freestanding sign, within fifty (50) feet of the property line adjacent to First Colonial Road. All healthy, existing trees that are six inches in diameter or greater within this area shall be preserved. ■ Attachments Staff Report Disclosure Statement Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departm t . ► Rzi FrAm City Manager: Mt: ' Applicant Cullipher Farm, Inc. Agenda Item Property Owner Potter Properties Group, LLC Public Hearing February 10Lynn, 2016 City of City Council Election District haven 5 Virginia Beach Request q Valhalla Arch Conditional Use Permit (Farm Stand) q Wivenhot Way 3 r/'4' ±; 6570 dB DNL — o e°� ° , F i Ar 4///� F Staff Planner //,/// 2� 4' Kevin Kemp ew��';� �%�`` Lam.__ Dae' 74. Location ,,--- •+�. ,� -- x\ % 1065 First Colonial Road am �` P f vj SP a ad 00 re',-.Ro Didpds YN GPINS 2 24085306610000, 240085354860000, Cutler RoadG a °°d pry ;pta°a� 24085346870000 St Ma ah yl Drive % . �``d� `QO sR w oad L r ar Gras 70-75 dB DNL o � V £ \:ce.t.S.1 Site Size "p7.32 acres Etis, F Eo G ° r' AICUZ x >75 dB DNL ° 70-75 dB DNL Existing Land Use Farm stand and agricultural fields Surrounding Land Uses and Zoning Districts aA , North �, "oe,'_ Office/0-2 Office Na`' �" r 4 South t,tom,,. . AI >0.k...,;;y.. Office /0 2 Office k . . 44 ';` ' C`Po re ° Oma' r East ' _ . * ` - .% 1'4; First Colonial Road ,b ro," ;0 i. - Hospital/0-2 Office West . ,„.yl AN Y ' Multi-family housing/A-18 Apartment % ` `q ' #' 4i, . 4 . , _,: ,,„, C � a ` t.vt ,„ I. 1. yxa 4A: a,t„ Cullipher Farm, Inc. Agenda Item 5 Page 1 I' I Background and Summary of Proposal • A Conditional Use Permit for a farm stand was approved on this site by City Council on November 13, 1996. • A 1,000 square foot farm stand was built, along with a greenhouse and several sheds.Crushed shells were used to cover the parking area. • Portable restrooms were allowed to be used for one year following the approval. Permanent restrooms were never installed on the site. • The previous tenant recently vacated the site and removed the greenhouse and all the sheds. • The applicant wishes to construct a 2,500 square foot addition to the existing farm stand building.The addition will contain an area to sell produce, seafood and other locally harvested products and a small ice cream counter. • The facades of the addition will contain several overhead doors that will be opened,weather permitting,to provide an open-air market feel.The addition will have a green metal roof, and will be capped with a cupola. • Building signs are proposed on the north and east facades.The applicant wishes to install a free-standing sign along First Colonial Road.A separate sign permit will need to be obtained for all signage. • Access to the farm stand will remain from First General Parkway, a private roadway with access to First Colonial Road. No new curb-cuts are proposed with this request. • The parking surface will remain crushed shells; however,the applicant will provide the required, paved handicap parking spaces.Wheel-stops will be added to the parking area to more clearly denote parking spaces.The proposed addition will generate the need for more parking.The parking area will be expanded to accommodate the required number of off-street parking spaces. • The remaining area of the site, particularly the two parcels located on the north side of First General Parkway, will be cultivated fields. • The farm stand will be opened seasonally,from April through December. Hours of operation are typically 9 a.m. to 6:00 p.m.; however,the stand may remain open later into the evening for seasonal events such as Christmas tree sales,summer harvests, and pumpkin sales. Cullipher Farm, Inc. Agenda Item 5 Page 2 I I I I ° O2V' . �.%Ark _2-rik * , I, iZoning`� History o! # Request `°"- 0-2 1 CUP(Hospital)Approved 05/27/2003 0-2 \` CUP(Hospital)Approved 05/07/1963 2 CUP(Farm Stand)Approved 12/03/1996 o (3' =' REZ(R-4 to 0-1)Approved 08/14/1978 © Q n��� � �46 \ 3 REZ(R-4 to A-2)Approved 02/12/1979 4 REZ(A-1 to 0-1)Approved 04/10/1978 'z,Sr#1121.• t3, 011,1 '1114v Application TYPO 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 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value,and aesthetic quality of stable neighborhoods.Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall area.This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, and effective buffering with respect to type, size, intensity, and relationship with surrounding uses. (pp. 3-1 to 3-3)Additionally,this site is located within the Suburban Focus Area 5, First Colonial Medical Corridor. Priority within this corridor should be given to infill or redevelopment proposals that complement the area's medical and health care activities. (p. 3-20) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. A majority of the site is under cultivation.The site is unique due to its agricultural use within the northern and more densely developed portion of the City. Traffic Impacts t et t e 'present Iftektitie P . am. . ,..� `: .a». .. First Colonial Road 41,000 ADT' 27,300 ADT'(LOS 4"D") 31,700 ADT'(LOS 4"E") No trip generation data is available Old Donation Parkwa 8 700 ADT1 13,100 ADT'(LOS 4"C") for this land use(farm stand). y 20,700 ADT1(LOS 4"D") lAverage Daily Trips 4 LOS=Level of Service Cullipher Farm, Inc. Agenda Item 5 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The proposed farm stand expansion is located at the corner of First General Parkway and First Colonial Road. First General Parkway is a private street connecting to First Colonial Road and Old Donation Parkway. Both First Colonial and Old Donation have four lanes; First Colonial Road is an urban, major arterial and Old Donation Road is a collector roadway.The site will have ingress/egress only on First General Parkway.There are no roadway CIP projects in the vicinity of this application. Public Utility Impacts Water The site currently does not connect to City water.There is a 16-inch City water main along First Colonial Road and an eight-inch City water main along First General Parkway.The applicant will be required to connect to City water. Sewer The site currently does not connect to City sanitary sewer. There is a 15-inch City gravity main along First Colonial Road and a 15-inch City gravity main along First General Parkway.City Pump Station#230 is located further west along First General Parkway.The site will be required to connect to City sewer. Evaluation and Recommendation The existing farm stand located on the site is a unique entity, as it is one of the few remaining Agricultural uses located within the more densely developed northern part of the Virginia Beach. For the past 20 years,the farm stand has been a destination and has promoted the sale of locally-grown agricultural products.The proposed addition,although significantly larger than the existing farm stand, is designed to keep an appropriate aesthetic of a typical, rural farm stand.The sides of the proposed buildings have multiple overhead doors that will remain open to provide the feel of an open-air market.Access to the site and the site layout will remain unchanged, and a minimal impact to traffic is expected. The site will be required to connect to City water and sewer, and will be brought into compliance with the Building Code in terms of providing an ADA accessible, permanent restroom facility.Additionally,the proposed expansion of this use is compatible with the provisions identified in the Land Use Compatibility Table in Article 18, Special Regulations in Air Installations Compatible Use Zones(AICUZ) of the Zoning Ordinance,for a site located within the greater than 70-75 dB DNL noise zone. For the reasons stated above, Staff recommends approval of this request as conditioned below. Recommended Conditions 1. All conditions of the November 13, 1996, Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 2. Except as modified by any other condition of this Conditional Use Permit,the development of the site shall substantially conform with the submitted site layout as depicted on page seven of this report entitled, "SITE LAYOUT CULLIPHER FARM, 1065 FIRST COLONIAL ROAD,"and which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit,the development of the building shall substantially conform with the submitted floor plan entitled, "CULLIPHER FARM STAND, FIRST COLONIAL ROAD, VIRGINIA BEACH,VIRGINIA,SHEET THREE," dated October 28, 2015,and prepared by Space Planning by Linda Cullipher Farm, Inc. Agenda Item 5 Page 4 Parrett Associates. Said floor plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. Except as modified by any other condition of this Conditional Use Permit,the development of the building shall substantially conform with the submitted building elevations entitled, "CULLIPHER FARM STAND, FIRST COLONIAL ROAD,VIRGINIA BEACH,VIRGINIA, SHEET FOUR," dated October 28, 2015, and prepared by Space Planning by Linda Parrett Associates. Said elevation drawings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 5. Standard parking lot improvements shall not be required.A crushed shell parking area surface is permitted, with the exception that paved handicap parking space(s) shall be provided with paved access to the facility, as per ADA requirements. Parking stops shall be added within the parking area to clearly identify parking spaces. 6. Portable restroom facilities will be permitted for one year and must be provided until the proposed improvements/additions to the farm stand are complete,at which time a minimum of one permanent restroom facility shall be provided.The restroom facility shall be ADA compliant. 7. There shall be one access point allowed from First General Parkway, as shown on the submitted site layout. There shall be no direct access permitted from First Colonial Road. 8. The site shall be permitted no more than three signs,one of which may by a freestanding sign.A separate permit from the Planning Department, Zoning Office, shall be obtained prior to the installation of any signage. 9. The two parcels located to the north of First General Parkway(GPINS 2408534687 &2408530661)shall continue to be cultivated for the entire duration of the site's use as a farm stand. 10. All products sold at the farm stand shall be limited to those specifically indicated within the definition of an "Agricultural-related product," as defined in Section 401 (e)(3)of the Zoning Ordinance.This shall include honey, maple syrup,jams,jellies, preserves, relishes,juices,cider, milk, ice cream and other dairy products, peanut butter, cheese, eggs breads and other baked goods,fresh seafood, poultry and other meats,ornamental plants, flowers, pottery, hanging baskets, wood carvings, potholders and other hand crafted items having an agricultural theme,and similar items.Also included is bottled water, soda and items or apparel displaying exclusively the name of the farm stand shall be allowed, provided that the display of such apparel shall not exceed ten (10) percent of the floor area of the establishment. 11. No parking shall be permitted or no structures shall be installed,with the exception of a freestanding sign, within fifty(50)feet of the property line adjacent to First Colonial Road.All healthy, existing trees that are six inches in diameter or greater within this area shall be preserved. 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. Cullipher Farm, Inc. Agenda Item 5 Page 5 i Proposed Site Layout J amil s ii. fg 0LE . O � O0 i 5 = LO W0. LI et iii. 3 coJIL 2 N 0 c o Q I 4 72. 0" .o a g1 I 3 re El Eg IS iw 11- _ 0 a. 3 r0,00,- H..„,. • -n civ®FI1 WINO-103 LgIDA Cullipher Farm, Inc. Agenda Item 5 Page 6 I Proposed Elevations --,r --- -------1-------' ill ill fri 1 PIIP 11!1 01,4 ''' il.r,11'1 '-" "w" '- II ' ' (1210 , _ _ —1_,Icif_ I alitinik I , , ---' ' IMIN !illt / ,. maiii*". 1 ' • , M !11,---,;„-,,-= inialrinti VIIIIIMMUMI 0 11111INEE '' ' ,'.impumni1111, _ it.. •Fa -•, •,.• • ,„,„,,,„„n„„,„,„ , &I , ,, : . I imommort - ---- ....... 4,11;51104 eld0,4.1.‘,5 VIM%+Orr 6Vir1,04 * ,.., 2 ------1----,_ ----.'-----\\ -"RillitillikL _ -- 4, N rli 6 \ Ira L CO \ ..._ 1 IIID I In , _ L __ 04104 Ikill.Akra 1,,ver wprOVIA 11140 Pi.111.D.G RI"ASCaft[AS,Nr".. ALA:4- _I--.. '----I Alit OWING SWING 1... DOOR F OVERHEAD DOCR ..., RECEIVING . t r . .. . AREA 4 1 1 1 X MTR EO SLUNG EXISTING 1 I PRODUCE ! i DOOR BUILDING r--- i,t ! i g i AREA . 1111411-11a : _ 2 B I i 0 - C171547 ,T ill$ OVERHEAD DOCR ICE CREAM 1 g I SHOP .11 ! H trl OVERIEAD DOCR OVEFHEAD DOOR Emma OVERHEAD DCOR -_,.-------- , II • ..,_ - -- ---4-1-'' 1"--- PICK-UP WINDOW P I •.,, • , ROOFED PORCH __ .._ tht ea letto Wu... .1101Rat... StEEI TEREI . Cullipher Farm, Inc. Agenda Item 5 Page 7 I Site Photos ;...,,„ --_,,,,,,,r,,,i,, . _ . ,..,,,, . ,.. . ,.. _ . : . ,0 , . '••"::-'-'''."'.-V';' \, , _ __ .- - ,.t% .,‘- .,. . , %, .,,, , , 1 '::„ _ , - ; i. 'k+ . t Y A µ .< Y A. 30Ir‘9C. E.cdumat L°ar.*1 }. ry ai t�JcalL.g-,.'„y1�J:J is E Ri „ ^ _ � 1 T CVI{ PUMP STATION t [ XISTINGFARMSTAND TO E0 I XPANDE D) C a r.H4d I T g . ,• :;,,,- ...,.. , ,/,- -. ���i1i , , . ,,, „,, ,1, ,,. EXISTINGAIICF/1RM .s•'' 4 4.•1.,...,: _ �T, C. .� � ji, `{ F, �` 25' (1 STA,000 LE) 04 4!`s ,,'1 *! '-_.t I i \ r.:,0.7 PROPOSED 41' ar it " hlf 'F.- -- � . fi 1r ' (2,526 S F.) rt i r PARKING Y yUf 1 @Dirndl,PARKWL 7 Cullipher Farm, Inc. Agenda Item 5 Page 8 Disclosure Statement Virginia Reach APPLICANT'S NAME 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 11Y <)r.I'a ..I ,�, �i.,, ,.,,.1 .-I -....L i-�,��,, 11. Page 1 of 7 O 11I'1 IC,AN I Nf)1IIII I)( I IIFARINE. ❑ NO(II 1Nt,PUI RIVISIONS SIIIIMI I If l) ' t -• /Lo',✓ 4 /� _ Cullipher Farm, Inc. Agenda Item 5 Page 9 Disclosure Statement lB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. NICheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Cullipher Farm,Inc. If an LLC, list all member's names: Michael L.Cullipher,Pres.,Louis E.Cullipher,Vice Pres.,Rebecca M.Cullipher, Sec.,and Jane D.Cullipher,Treas. If a CORPORATION,list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes1 and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. C Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. C 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: ?o t i F PaoPERfEh CittOt1P Lt.C' If an LLC,list the member's names: A. Bok P fkr.Jr,%afer R.Fbfltr,Octane P.Zsowner man,Catky P.Marlit, Homy P Swastt,P&11461,P Mgeo,;la f.)3lfidt,Tanen Blake,Rama R Watir"+f Page 2 of 7 Cullipher Farm, Inc. Agenda Item 5 Page 10 I I Disclosure Statement NI/344 Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 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 entityrelationship" 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: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Cullipher Farm, Inc. Agenda Item 5 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if --._-_ needed) -- Accounting and/or preparer of your tax return n Architect/Landscape Architect/ Linda Parrett,Associates Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed M purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CConstruction Contractors M.M.Rollins CEngineers/Surveyors/Agents Gallup Surveyors&Engineers I Langley MuDvnald Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ENi Legal Services Real Estate Brokers/ Nigents/Realtors for current and Potter and Company II[[��ii 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 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? Page 4 of 7 Cullipher Farm, Inc. Agenda Item 5 Page 12 Disclosure Statement 1/3, Virginia Beach 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. -r- I � _ k g/- __. r),ahF.. / 1. C,.l!•pt.., T•,y.7,4,6AQ�LICAN7"5 SIGNAT UR PRINT NAME _1 DATE 4;2016 _ 0.$3.-.4a.fig+fen iv.. �"' I P OPfRTY ERS IGNATVRE PRINT NAME , DATE Page 5 of 7 Cullipher Farm, Inc. Agenda Item 5 Page 13 I I I i Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n Accounting and/or preparer of 'msµ ' Gf'A OmarI 1 your tax return 0 0 Architect/Landscape Architect/ 61141AA wort' Land Planner Contract Purchaser(if other than ✓❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed E purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EConstruction Contractors nEngineers/Surveyors/Agents Financing(include current n a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) no Legal Services Real Estate Brokers/ Form "two coMPMWY E El Agents/Realtors 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 Q Q 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? Page 6 of 7 Cullipher Farm, Inc. Agenda Item 5 Page 14 Disclosure Statement Virginia Beach 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. 4, X4 I r 6, Arctic 7of ftr,Jr. 3/7/16 PROPERTY OWNE 'S SIG TORE PRINT NAME DATE Page 7 of 7 Cullipher Farm, Inc. Agenda Item 5 Page 15 I I I i Item#5 Cullipher Farm Conditional Use Permit 1065 First Colonial Road District 5 Lynnhaven February 10, 2016 CONSENT An application of Cullipher Farm for a Conditional Use Permit(Farm Stand)on property located at 1065 First Colonial Road, District 5, Lynnhaven. GPIN: 2408-52-5486-0000; 2408-53-4687-0000; 2418-53- 0661-0000. CONDITIONS 1. All conditions of the November 13, 1996, Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 2. Except as modified by any other condition of this Conditional Use Permit,the development of the site shall substantially conform with the submitted site layout as depicted on page seven of this report entitled, "SITE LAYOUT CULLIPHER FARM, 1065 FIRST COLONIAL ROAD," and which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit,the development of the building shall substantially conform with the submitted floor plan entitled, "CULLIPHER FARM STAND, FIRST COLONIAL ROAD,VIRGINIA BEACH,VIRGINIA,SHEET THREE," dated October 28, 2015, and prepared by Space Planning by Linda Parrett Associates.Said floor plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. Except as modified by any other condition of this Conditional Use Permit,the development of the building shall substantially conform with the submitted building elevations entitled, "CULLIPHER FARM STAND, FIRST COLONIAL ROAD,VIRGINIA BEACH,VIRGINIA,SHEET FOUR,"dated October 28, 2015, and prepared by Space Planning by Linda Parrett Associates.Said elevation drawings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 5. Standard parking lot improvements shall not be required.A crushed shell parking area surface is permitted, with the exception that paved handicap parking space(s) shall be provided with paved access to the facility, as per ADA requirements. Parking stops shall be added within the parking area to clearly identify parking spaces. 6. Portable restroom facilities will be permitted for one year and must be provided until the proposed improvements/additions to the farm stand are complete, at which time a minimum of one permanent restroom facility shall be provided.The restroom facility shall be ADA compliant. 7. There shall be one access point allowed from First General Parkway, as shown on the submitted site layout. There shall be no direct access permitted from First Colonial Road. Item#5 Cullipher Farm Page 2 8. The site shall be permitted no more than three signs, one of which may by a freestanding sign.A separate permit from the Planning Department,Zoning Office, shall be obtained prior to the installation of any signage. 9. The two parcels located to the north of First General Parkway(GPINS 2408534687 & 2408530661) shall continue to be cultivated for the entire duration of the site's use as a farm stand. 10. All products sold at the farm stand shall be limited to those specifically indicated within the definition of an "Agricultural-related product," as defined in Section 401 (e)(3) of the Zoning Ordinance.This shall include honey, maple syrup,jams,jellies, preserves, relishes,juices,cider, milk, ice cream and other dairy products, peanut butter, cheese, eggs breads and other baked goods, fresh seafood, poultry and other meats,ornamental plants, flowers, pottery, hanging baskets,wood carvings, potholders and other hand crafted items having an agricultural theme,and similar items. Also included is bottled water, soda and items or apparel displaying exclusively the name of the farm stand shall be allowed, provided that the display of such apparel shall not exceed ten (10) percent of the floor area of the establishment. 11. No parking shall be permitted or no structures shall be installed,with the exception of a freestanding sign,within fifty(50)feet of the property line adjacent to First Colonial Road. All healthy,existing trees that are six inches in diameter or greater within this area shall be preserved. A motion was made by Commissioner Weiner and seconded by Commissioner Rucinski to approve item 4. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 4 for consent. The applicant Michael Cullipher appeared before the Commission. i Ns/ a 11 5 qr. - Q CL 1/2`'),„ 41, 1(.1 ,..,: ::.\ a ///1 411 --�- f 41 \\\Iv.. 4(:),,,.\ 44111111111r I 5.... / ---_,.... / -,..... 1111- "` r ! 0 ki*: 4P . tc:i ti. - 1 / /tit ! C'D 4 yL . a 0 --.''?---__. Cer)"."N-4:"2,4% 0,----„,_ /rrf J c "---...........ie kii INal ` ti f P C r- '4"-' ICI ,--. 1.0 " : U V" D es)■ . 0. / , s ____ .. ...„. cy_t M ro>ray`Nu yh .. „s.„....,,,...„ L...„� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARGARET BAIN [Applicant/Owner] Conditional Use Permit for a Residential Kennel. 1652 Flanagans Lane (GPIN 2413579634) COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: March 15, 2016 • Background: Section 111 of the Zoning Ordinance defines a Residential Kennel as any parcel of land upon which more than four dogs, over six months of age, are kept for pets or for hunting, exhibiting, dogs shows, field and obedience trials. The applicant is requesting a Conditional Use Permit for a residential kennel to allow for her to have up to eight dogs at her home at one time. The applicant owns five dogs and seeks the ability to provide foster care for up to three additional dogs. Considerations: The subject 5.3-acre site is zoned AG-1 Agricultural and developed with a single family residence and several accessory structures. There are three dog houses on site, each with air-conditioning and heating. There is also a 360 square foot barn where dogs can reside. There is a large fenced in area at the rear of the site that provides ample outdoor exercise area for the dogs. All dogs will be kept up-to-date on all shots and vaccinations. The initial request by the applicant was to have up to 20 dogs on the property; however, concerns were raised from two other property owners in the neighborhood. Staff felt that this many dogs could negatively impact the surrounding properties, particularly in regard to noise. The applicant agreed to lower the requested number of dogs to eight. Further details pertaining to the application, as well as Staff's evaluation of the request, are provided in the attached staff report. Staff has received two phone calls and one letter of opposition for this request from nearby residents. The primary concern is with the noise that may be generated having a large number of dogs on the property. Staff feels that limiting the number of dogs to eight, rather than 20 dogs as initially requested, will minimize the negative impacts on the surrounding properties. A letter of support for this request was received from the neighbor directly to the east and most impacted by the proposed use. Margaret Bain Page 2 of 3 • Recommendations: The Planning Commission passed a motion by a recorded vote of 11 to 0, to recommend approval of this request to the City Council with the following conditions: 1. Exterior play areas for the dogs shall be limited to those identified as "Fenced Enclosures" and "Horse Pasture" on the submitted exhibit entitled, "SITE PLAN OF LOT 9A, RESUBDIVISION OF LOT 9, PART OF PROPERTY OF FRANK T. WILLIAMS FOR BAIN RESIDENCE," and identified by Staff as "CUP EXHIBIT FOR MARGARET BAIN," dated January 05, 2009, and prepared by Kellam Gerwitz, with comments added by Staff. 2. There shall be no more than eight (8) adult dogs over the age of six months on the site at any one time. Included in the total number of dogs shall be any dog owned by the property owner and any dog receiving foster or temporary care and shelter. 3. No identification sign related to this Conditional Use Permit shall be permitted. 4. Any accessory structure added to the property that will be used to provide shelter for the dogs shall be air-conditioned and heated, and located within the rear, fenced areas, identified on the exhibit referenced in Condition 1 above as "FENCED PLAY AREA" or "HORSE PASTURE." 5. All dogs on the property shall be up-to-date on all required shots and shall be properly registered by the City of Virginia Beach. 6. This Conditional Use Permit shall be required to be renewed one (1) year following the date of City Council approval. After said duration of time, per Section 221 (k) of the Zoning Ordinance, the Director of Planning shall review and may extend the Conditional Use Permit for another year, provided the continuation of the Use Permit would not be detrimental to the public health, safety, and welfare and that to continue the activity under the Use Permit would not cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land in the particular zoning district. • Attachments Staff Report Disclosure Statement Letter of Opposition Minutes of Planning Commission Meeting Location Map I I I i Margaret Bain Page 3of3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departm- Agency: Planning Department FDAjC6L. City Manager:Sib,, Applicant/Property Owner Margaret Bain Agenda Item Public Hearing February 10, 2016 City Council Election District Princess Anne CO 1 Virginia Beach Request Conditional Use Permit (Residential Kennel) sr,� �, � Cory �CP Staff Planner Rein Lane Kevin Kemp Location 6570 dB DNL 1652 Flanagans Lane GPIN 24135796340000 Site Size 5.3 Acres ahLae AICUZ Less than 65 dB DNL Existing Land Use Single-family dwelling Surrounding Land Uses and Zoning Districts r. r , V.°F'"` v fit I:iGE PARK North Single-family dwellings/ R-20 Residential South Flanagans Lane Single-family dwellings/AG-2 Agricultural K East _ Single-family dwellings/AG-2 Agricultural �� West F(. AIyAGnNs Undeveloped/Conditional R-30 Residential F�NF y y yI: Margaret Bain Agenda Item D1 Page 1 Background and Summary of Proposal • This item was deferred by the Planning Commission on November 12, 2015,to provide the applicant additional time to address concerns of a property owner in the neighborhood. • The request for a Conditional Use Permit for a Residential Kennel is to allow up to 20 dogs on the subject site. The applicant owns five dogs and would like to provide temporary foster care for up to 15 additional dogs. • The 5.3-acre site, zoned AG-1 Agricultural, is developed with a single-family home, pool, and several accessory structures. • There are three dog houses on the site. Each dog house is air-conditioned and heated, and located within a fenced enclosure.Additionally,there is a 360 square-foot barn that will be used to house dogs.The applicant may install additional small dog houses in the future. • There is a large fenced area at the rear of the site that provides ample outdoor exercise area for the dogs. • The residential kennel would be operated by the applicant, her two children,and her friend. • Any dogs being kept on the property will be kept up-to-date on all shots and vaccinations. �© ,♦���5-70 d8 � �A 44:4 ''''44-41-4r/-014-.4'r1 ra4-.4' Zoning History P-1 4/ 1 MOD Approved 02/14/2012 iteCRZ(PD-H2 [R-30&P1]to PD-H2 [R-30&P1])Approved 111 * 05/10/2005 CRZ(AG1&AG2 to PD-H2 [R-30&P1])Approved ` , 02/24/2004 t-30 ` 2 MOD Approved 08/09/2011 AG- CUP(Riding Academy)Approved 08/12/2003 AG-2 e, 4 G, CRZ(AG1&AG2 to Conditional R-20&P1)Approved sj 08/12/2003 0,, • 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 Margaret Bain Agenda Item D1 Page 2 I I I i Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Transition Area.The Transition Area is strategically located between the more urbanized region of the city to the north and the rural area to the south.The Transition Area is characterized by many high quality residential neighborhoods that include significant open space areas. Natural and Cultural Resources Impacts The site is located within the Southern Rivers Watershed.There do not appear to be any significant natural resources or cultural features associated with the site. Impact on City Services There are no impacts to City Services expected with this request. Evaluation and Recommendation The applicant's request for a Residential Kennel on the subject property is, in Staff's opinion,generally consistent with the Comprehensive Plan's land use guidelines for the Transition Area, and is compatible with the large, residential lots of the surrounding area.The 5.3-acre site includes a barn and a number of other accessory structures that can be used to provide shelter for the dogs. Each of the accessory structures is constructed of high quality materials, and is air- conditioned and heated.The site also contains large fenced areas that will provide ample space for the dogs to exercise. Applications involving a residential property must be reviewed in terms of their impact on the adjacent properties.This particular use has the potential to generate noise that exceeds amounts that would normally be expected in a residential neighborhood.Staff is concerned that the request to have up to 20 dogs on the property at one time could negatively impact the quality of residential life in the neighborhood.As such,Staff has recommended a condition that limits the number of dogs permitted on the site to eight. Section 223 of the Zoning Ordinance requires that except where animals are kept in soundproof,air-conditioned buildings, no structure occupied by animals shall be located within 100 feet of an adjacent property line. Section 221(i) allows City Council to deviate from this setback, if it is shown that the deviation does not negatively impact the adjacent properties. Most of the dog houses on the site are located towards the rear of the property; however, one small doghouse and enclosure is located within 100 feet of an adjacent home.Staff received a letter of support from that adjacent property owner and,therefore,feels comfortable allowing this dog house, as well as the other dog houses,to be within 100 feet of the adjacent property line. Based on the considerations above, Staff recommends approval of this application as conditioned below: Margaret Bain Agenda Item D1 Page 3 I I Recommended Conditions 1. Exterior play areas for the dogs shall be limited to those identified as"Fenced Enclosures" and "Horse Pasture" on the submitted exhibit entitled, "SITE PLAN OF LOT 9A, RESUBDIVISION OF LOT 9, PART OF PROPERTY OF FRANK T.WILLIAMS FOR BAIN RESIDENCE," and identified by Staff as"CUP EXHIBIT FOR MARGARET BAIN," dated January 05, 2009, and prepared by Kellam Gerwitz,with comments added by Staff. 2. There shall be no more than eight(8) adult dogs over the age of six months on the site at any one time. Included in the total number of dogs shall be any dog owned by the property owner and any dog receiving foster or temporary care and shelter. 3. No identification sign related to this Conditional Use Permit shall be permitted. 4. Any accessory structure added to the property that will be used to provide shelter for the dogs shall be air- conditioned and heated, and located within the rear,fenced areas, identified on the exhibit referenced in Condition 1 above as"FENCED PLAY AREA"or"HORSE PASTURE." 5. All dogs on the property shall be up-to-date on all required shots and shall be properly registered by the City of Virginia Beach. 6. This Conditional Use Permit shall be required to be renewed one (1)year following the date of City Council approval. After said duration of time, per Section 221 (k) of the Zoning Ordinance,the Director of Planning shall review and mayextend the Conditional Use Permit for another year, provided the continuation of the Use Permit would not be detrimental to the public health, safety, and welfare and that to continue the activity under the Use Permit would not cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land in the particular zoning district. 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. Margaret Bain Agenda Item D1 Page 4 1 , I Proposed Site Layout P 4 4ArAjtht,TH Op o k ( + / CI ..- f i r a OCIAN t. tawrz 5.: r- , , .. 3. // 1 ,.. ' FENCED _,,A...._,- ' i "'...,, __43.p.. ENCLOSURES WI111 I- e,,,,,,,,, „...-9, 1 N.--.. DOG HOUSE 4IS3 r sgsva , ' 4, MO suifilrfff' r r. , iy„ if/ 1 HORSE */ tit la a*. . # ''.......„.. 0: PASTURE ./ rAmutly* it..i. , , #) i ,r--. ,7) li „, , / , - HORSE- S/ i / i STABLE / i ./ FENCED PLAY AREA/.,,i / ,, FENCED //..v.s4 .2. •1 f -....„ ..,. ENCLOSURE MTH F ."'"--,. .., DOG HOUSES* 1/ st, ,.. i I *z-i, 11 i -• ,S, a. I , ova., ---------, , 7,/ / /- $cvsE Nty. E.,,, \ 1. _ , -u...-4•01 F o\S' it ,' al ( 4d i ,'' ,, r .940X \ i k ; 1 I 1 diliiii ' 411 . I I 10. -e. '''tirCs. '1 ii-sj ''?1/4.- i-it-44 . c2.” / '1V1 1 ,'' • '04 OM et / / SMALL FENCE:. FENCEDI ENCLOSURE WITH 1 0 44:1- FRONT YARD DOG HOUSE WI 6 ;,' * 1 7- % 1 , ./ ,,y:',* '1,1t ' , t i t.,!,1 / ' ' I /I/ / i k GATED t k ENTRY / I ta.V . 'is ;mama/ /1/1 L ',+ N;:i 'SODP e211 i j . i - '0 0 2726.P 1081); . s. 1;116 ,..„ . FLANAGANS IA NE L.9 . 4 ,1---, R.43.130. 4'ev. .340,i I CUP EXHIBIT FOR RANYietvMARGARET BAIN scALE r • see ...,.....,i. N IL lik AA CV " Hi :VOL 11)r 9A, RE51/6,0/VISION OF LOT 9, Part of Property of Frank T. Williams 1 1 1 i k\ 1 i FCR Hain Residence 1,Xit741t AEC:.WIC%I 1 114. i, vS.riV"It/116,9 V lr/• VIM.P.O. i .4'... ef.f. 10044 Margaret Bain Agenda Item D1 Page 5 , I Site Photo . , . . . . . ,A.- . •.:- 1,:,...;z V.,. . ,.- . ) • ...,..:„,1 . , , rt- -'1., ,,,iiF-i....,, "12 .*- ,:.••• , • • • 4 ,.. .. ''-' ' ''• a 1,',•• _ - - . 44;.`• li .tio.., .„„. liiii L t .4„ _ . .0, ,... . ... ., ,.4, . . , . . ., . .._ 4i' ijii4I'''''' 111/1"4. '' ^ ,4, `T^ dillifilli444441.10.11441,, .. __ 1 1 1 / i Margaret Bain Agenda Item DI. Page 6 Site Photos ft s +4' ` a,fr. lig �K DOG HOUSE #1 s (AIR 'CONDITIONED AND HEATED) c. I 1 < SMALL FENCED •.' f, ENCLOSURE 11 111 i t . , P -. .:ice.: tx ,t *Fal .`° s o, syr. "10,",;,,,":-".; t f', 4.- �" •^`.-' k . F'e'y+� - .. ,^ i,`" r• 1 ' j •4 t' w •.•r4 DOG HOUSE#2 ( • . DOG HOUSE#3 y ! (AIR CONDITIONED AND HEATED) AIR CONDITIONED AND HEATED) HORSE STABLE I I e w.. 1=.iceopl- FFNC;EDPLAYAREA • 1�F I' - FENCED PLAY AREAS • ` mac Margaret Bain Agenda Item D1 Page 7 I I I i I Disclosure Statement \115 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 mCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. CCheck here if the APPLICANT IS a corporation, partnership, firm, business, or — Page 1 of 4 PInP;i N I{It[) 1,11:i', �I R1 h,tr(HANt3 I g/n Margaret Bain Agenda Item D1 Page 8 Disclosure Statement NM Virginia Beach other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) a • See next page for information pertaining to footnotes' and 2 4 • 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. nCheck 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) NIA (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N IA 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. Margaret Bain Agenda Item D1 Page 9 Disclosure Statement 11/4/B 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. II 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ (7 Accounting and/or preparer of L— your tax return l n � 1 Architect/Landscape Architect/ `- ' Land Planner Contract Purchaser(if other than El 171 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed fl 71 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Margaret Bain Agenda Item D1 Page 10 II I Disclosure Statement NIB Virginia Beach Financing (include current 0 Let R t.C.,q4 , 044d t19 . n i mortgage holders and lenders i 1 I ✓ selected or being considered to provide financing for acquisition or construction of the property) P1 Legal Services C Real Estate Brokers/Agents for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ WS 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. A` N uO $0, t�, PRINT Maroo Ann 'Bair, o12't115 RE ATE D. ofek ANA 12)cun 71 24115 PROPERTY OW!IER'S SIGNATURE PRINT NAME 1 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. Margaret Bain Agenda Item D1 Page 11 Kevin P. Kemp From: Steven Berman <steber6@msn.com> Sent: Tuesday, October 27, 2015 2:08 PM To: Kevin P. Kemp;Jimmy McNamara Subject: Residential Kennel Conditional Use Permit Kevin, Good morning. I will be out of town for the next Planning Commission meeting which will include a conditional use request for a "residential kennel" on Flanagans Lane. As a resident, I would like to know that staff analysis and recommendations relative to restrictions, conditions and definitions of a kennel based on "commercial vs residential" will be provided to the City Planning Commission. Jimmy McNamara, City Planning and Community Development, provided the following delineation between a commercial and residential kennel. "Kennel, commercial. Any premises in which caring,breeding,housing, and keeping of dogs, cats, or other domestic animals is done for monetary purposes. Kennels, residential. Any premises in which, or parcel of land upon which, more than four(4) dogs over six (6) months of age are kept for pets or for hunting, exhibiting, dog shows, field and obedience trials." It is my understanding the request argues for the caring of a maximum of 20 dogs. Due to the large number of dogs to care for, the request also identifies the hiring of up to 2 people to care for the animals. Issues/Concerns/Questions: 1. What controls the expansion of more dogs or addition of other animals. Does the City have the budget and staff resources to monitor this proposed residential kennel? 2. Is this request for a quasi establishment of another City Animal Shelter? 3. With the hiring of people to manage the kennel override the volunteer appearance of caring for animals at the residence and generate the request into a commercial residential business? 4. According to the Ashville Park Development site plan for Village C, several houses will be close to the "residential kennel." Will the real estate sales representatives be required by the City to disclose to prospective buyers that there is a residential kennel and with potentially loud barking noise close to their home? As a resident of Flanagans Lane, who will also hear barking noise, I would like to know what recourse I will have when this becomes a nuisance. Thank you for your analysis and in presenting these issues/concerns input to the City Planning Commission. V/R Steven R. Berman, 1685 Flanagans Lane Virginia Beach, 23456. Cellular phone (757) 581-2410. i Item#D1 Margaret Bain Conditional Use Permit 1652 Flanagans Lane District 7 Princess Anne February 10,2016 CONSENT An application of Margaret Bain for a Conditional Use Permit(Residential Kennel)on property located at 1652 Flanagans Lane, District 7, Princess Anne. GPIN: 2413-57-9634-0000. CONDITIONS 1. Exterior play areas for the dogs shall be limited to those identified as"Fenced Enclosures" and "Horse Pasture" on the submitted exhibit entitled, "SITE PLAN OF LOT 9A, RESUBDIVISION OF LOT 9, PART OF PROPERTY OF FRANK T.WILLIAMS FOR BAIN RESIDENCE," and identified by Staff as"CUP EXHIBIT FOR MARGARET BAIN," dated January 05, 2009, and prepared by Kellam Gerwitz,with comments added by Staff. 2. There shall be no more than eight (8)adult dogs over the age of six months on the site at any one time. Included in the total number of dogs shall be any dog owned by the property owner and any dog receiving foster or temporary care and shelter. 3. No identification sign related to this Conditional Use Permit shall be permitted. 4. Any accessory structure added to the property that will be used to provide shelter for the dogs shall be air-conditioned and heated, and located within the rear,fenced areas, identified on the exhibit referenced in Condition 1 above as "FENCED PLAY AREA" or"HORSE PASTURE." 5. All dogs on the property shall be up-to-date on all required shots and shall be properly registered by the City of Virginia Beach. 6. This Conditional Use Permit shall be required to be renewed one (1)year following the date of City Council approval.After said duration of time, per Section 221 (k)of the Zoning Ordinance,the Director of Planning shall review and may extend the Conditional Use Permit for another year, provided the continuation of the Use Permit would not be detrimental to the public health, safety, and welfare and that to continue the activity under the Use Permit would not cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land in the particular zoning district. A motion was made by Commissioner Kwasny and seconded by Commissioner Brockwell to approve item Dl. Item#D1 Margaret Bain Page 2 AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item D1 for consent. The applicant Margaret Bain appeared before the Commission. M. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE N. UNFINISHED BUSINESS 0. NEW BUSINESS P. 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 ****************************** 3/l5/l6st CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 03/01/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU 1 P DN OK MMS HL W O Y L N A O O O R S 0 R E E EN SNMI 00 T R Y S E S DS NND CITY MANAGER'S BRIEFINGS A. 2016 COMPREHENSIVE PLAN- Barry Frankenfield, "It's Our Future: A Choice City" Director—Planning B. VB READS Karen Kehoe, GrowSmart Coordinator— Economic Development Melissa Zibutis, Coordinator— Volunteer Resources C. CIP: BUILDINGS Thomas Nicholas, Engineer-Public Works Facilities A Il/111/[V/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y B Y Y Y V/VI SESSION A-E T A VLF MINUTES APPROVED 10-0 Y Y Y Y Y Y Y B Y Y Y INFORMAL/FORMAL SESSION E February 16,2016 T VI.G FORMAL SESSION AGENDA CONSENT AGENDA V1.H.1 Resolution to DIRECT no further actions MOTION FAILED until the City Council considers a proposed FOR LACK OF MOU for Light Rail SECOND VI.11.2 Ordinance to AUTHORIZE acceptanceADOPTED, 10-0 Y Y Y Y Y Y Y A Y Y Y of DEDICATION from Michael A./ BY CONSENT s Deborah A.Hillier of a variable width drainage easement over property at 3025 N T Lynnhaven Drive VI.H.3 Ordinance to AUTHORIZE temporary A encroachments: E a,Portion of Lake Wesley at the rear ADOPTED, 10—0 Y Y Y Y Y Y Y N Y Y Y 01516 Southside Road BY CONSENT T DISTRICT 6—BEACH A B b.Portion of City owned lake at the ADOPTED, 10-0 Y Y Y Y Y Y Y s Y Y Y rear of 5561 Westward Drive re rip BY CONSENT E rap DISTRICT 2—KEMPSVILLE Vl.li.4 Ordinance to APPROPRIATE$485,619 ADOPTED, 10 0 Y Y Y Y Y Y Y A Y Y Y in excess State Aid to Localities to Fire BY CONSENT s Training Center CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S D S DATE 03/01/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOK MMS H L W O Y L N A O O O R S 0 R E E EN S NMI 0 0 T R Y S E S DSNND A VI.H.5 Ordinance to APPROPRIATE$250,000ADOPTED, 10-0 Y Y Y Y Y Y Y B Y Y Y from VA Aquarium Foundation to the BY CONSENT E Chesapeake Bay Aquarium renovations N T A VI.H.6 Ordinance to APPROPRIATE aADOPTED, 10—0 Y Y Y Y Y Y Y B Y Y Y $102,000 Grant for the Hazardous BY CONSENT E Materials Team N T V1.I.1 Street Closure of an unimproved alley in A Croatan Beach B S DISTRICT 6—BEACH: E a.CHARLES R./BONNIE K. ADOPTED, 10 0 Y Y Y Y Y Y Y T Y Y Y DOMAN at the rear of 508 BY CONSENT A Vanderbilt Avenue B b.AMY R.SLAGLE at the rear of ADOPTED, 10 0 Y Y Y Y Y Y Y N Y Y Y N 829 South Atlantic Avenue BY CONSENT T A V I.12 STEPHEN/ADEN MURRAY fora CUPAPPROVED AS 10—0 Y Y Y Y Y Y Y B Y YY Y re residential kennel at 5227 Lake Shores CONDITIONED, E Road BY CONSENT N DISTRICT 4—BAYSIDE T A VI.1.3 HEADGEAR II,LLC/GHS H,LLC forAPPROVED AS 10 0 Y Y Y Y Y Y Y B Y Y Y a CUP re bulk storage at 3409 Chandler CONDITIONED, E Creek Road BY CONSENT N DISTRICT 3—ROSE HALL T A VI.I.4 VBCDC for a CUP re assembly use atAPPROVED AS 9 1 Y Y Y Y Y Y Y B Y Y N 5865 Pickering Street CONDITIONED E DISTRICT 2—KEMPSVILLE N T V L1.5 ROBERT J.IANUCCI for a CUP reALLOWED 10—0 Y Y Y Y Y Y Y B Y YY Y firearm sales at 1305 Willowood Lane WITHDRAWAL, s DISTRICT 5—LYNNHAVEN BY CONSENT E N APPLICANT REQUESTS T WITHDRAWAL VI.1.6 STEVE'S MOBILE TRUCK REPAIR/ APPROVED AS 10—0 Y Y Y Y Y Y Y s Y Y Y NEWTOWN THURSTON LLC for a CONDITIONED, S CUP re auto repair at 5900 Thurston BY CONSENT E Avenue N DISTRICT 4—BAYSIDE T VI.1.7 McDONALD GARDEN MARKET, APPROVED AS 10—0 Y Y Y Y Y Y Y s Y YY Y LLC/BRANCH BANKING AND CONDITIONED, S TRUST COMPANY for a CUP re open BY CONSENT E air market at 3112 Virginia Beach N Boulevard T DISTRICT 5—LYNNHAVEN I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 03/01/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOK MMS HL W O YL N A O O O R S 0 R E E EN S NM I 00 T R Y S E S DSNND J. APPOINTMENTS RESCHEDULED, BEACHES and WATERWAYS BY CONSENSUS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY COMMITTEE K/L/M ADJOURNMENT 7:09 P.M. PUBLIC COMMENT 4 Speakers 7:28 Adjournment of Public Dialogue