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JUNE 21, 2016 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL vytA•BE,4 MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 OSS _` I? M.BENJAMIN DAVENPORT,At Large C ROBERT M.DYER,Centerville-District I L` BARBARA M HENLEY,Princess Anne-District 7 SHANNON DS KANE,Rose Hall District 3 i , JOHN D.MOSS,At Large °s _�„ /•'�p+' AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E.UHRIN,Beach District 6 °u. 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 CITY ASSESSOR--JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC 21 June 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS Conference Room- 4:00 PM 1. Bi-Weekly Pay Patti Phillips, Director—Finance 2. Interim Financial Report Patti Phillips, Director—Finance 3. Neighborhood Navigational Dredging Phillip Roehrs, Water Resources Engineer—Public Works II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Daniel Malingumu, Father Church of the Ascension C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 7, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. "Champion for the Arts" Carolyn Garrett, Chair—Arts and Humanities Commission 2. PROCLAMATIONS a. Captain Frank E. Hughlett Day, June 21, 2016 Frank Hughlett, Commander—Joint Expeditionary Base, Little Creek-Fort Story b. Parks and Recreation Month, July 2016 Michael Kalvort, Director—Parks and Recreation I. PUBLIC HEARINGS 1. MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS (SSD): a. Hurd's Cove b. Chesopeian Colony J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 35-64 and 35-67 re the Exemption or Deferral of Real Estate Taxes for Elderly and Disabled Persons 2. Resolution to RECOGNIZE the 100th Anniversary of Fort Story 3. Ordinance to AUTHORIZE a Cooperative Agreement between City Council and the School Board re legal services to the School Board/Administration by the City Attorney in FY2017 4. Ordinance to AUTHORIZE the City Manager to EXECUTE an extension of the term of the Ground Lease between the City and the Development Authority for the Amphitheater 5. Resolution to DECLARE an emergency due to the accumulation of excessive sand for certain properties along Sandbridge Beach 6. Resolution to AUTHORIZE a non-binding Term Sheet for the CityView Two project, REQUEST approval of the Term Sheet by the Development Authority and AUTHORIZE the City Manager and City Attorney to develop supplemental project documents 7. Ordinances to MODIFY the boundaries and AUTHORIZE a refund of SSD Levies: a. Hurd's Cove Neighborhood Dredging Special Service District b. Chesopeian Colony Neighborhood Dredging Special Service District 8. Ordinance to AUTHORIZE the City Manager to EXECUTE Agreements between the City and individual property owners re permitting use of the Thalia Transfer Facility for private dredging 9. Ordinances to AUTHORIZE the annual compensation for: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 10. Ordinance to APPOINT the Directors of Planning, Public Works and Parks and Recreation to serve as Viewers re streets or allies being altered or vacated 11. Resolution to REQUEST the Hampton Roads Congressional Delegation work to support the Norfolk International Airport's efforts to build a parallel runway 12. Ordinances re the Oyster Heritage Plan: 1. FY2015-16 Operating Budget of the Planning Department: a. APPROPRIATE $40,788 from Fund Balance and $16,009 from voluntary contributions b. TRANSFER$3,294 from the General Fund Reserve for Contingencies c. AUTHORIZE a Grant of$60,091 for Lynnhaven River NOW for oyster recycling, educational programs and oyster population surveys d. APPROPRIATE $40,000 to the Department of Public Works from voluntary contributions re oyster shell recycling effective July 1, 2016 13. AUTHORIZE permits allowing EMS agencies to operate in the City: 1. RENEWAL APPLICATIONS: American Lifeline Medical Transport, Inc. American Medical Transport, LLC Cardinal Ambulance Service, Inc. Children's Hospital of the King's Daughters Delta Medical Transport, Inc. Emergency Medical Response, LLC Heart Song Care Transport, Inc. LifeCare Medical Transports, Inc. Medical Transport, LLC Nightingale Air Ambulance Reliance Medical Transport, LLC Robbie's Ambulance Service, Inc. Special Event Providers of Emergency Medicine, Inc. Tidewater Medical Transport, LLC 2. NEW APPLICATIONS: Shore Transport Services, Inc. MB Solutions, LLC NuCare Carolina Ambulance, Inc. 14. Ordinance and Resolution re Emergency Medical Services: 1. APPROPRIATE: a. $21,306 of EMS Training revenue for purchase of rescue equipment and supplies b. $16,661 of Special Event revenue to reimburse for previous remissions to Volunteer Rescue Squads for stand-by duty at special events c. $27,516 of Special Event reimbursement revenue to remit funds to Volunteer Rescue Squads for stand-by duty at special events K. PLANNING 1. SHERYL SKORD,TRUSTEE FOR FLOYD E. TAYLOR IRREVOCABLE TRUST for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations at 1217 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 2. MARVIN M. ROLLINS,JR/GAYLE B. ROLLINS, TRUSTEES UNDER THE MARVIN M. ROLLINS,JR. LIVING TRUST for a Modification of Proffers to a Conditional Change of Zoning from B-2 and Conditional B-2 Community Business Districts to Conditional B-2 Community Business District (approved December 10, 2002) at 601 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 3. BRG CASCADES EAST, LLC for a Modification of Proffers to a Conditional Change of Zoning from B-2 Community Business and A-24 Apartment Districts to PD-H2 (A-24 Apartment) (approved October 24, 2013) at 2120 Centerville Turnpike DISTRICT 1 —CENTERVILLE RECOMMENDATION APPROVAL 4. CHARLES and KELLY PLAZA for a Conditional Use Permit(home based Wildlife Rehabilitation) at 2121 Thackeray Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. SANITRIA GARDNER for a Conditional Use Permit(Family Day-Care Home) at 690 Baal Court DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 6. DIANA WILSON for a Conditional Use Permit(Family Day-Care Home) at 1180 Clydesdale Lane DISTRICT 1 —CENTERVILLE RECOMMENDATION APPROVAL 7. NORFOLK AIRPORT AUTHORITY for a Change of Zoning from R-5D Residential Duplex District to I-1 Light Industrial District) at Burton Station DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 8. CITY OF VIRGINIA BEACH for a Change of Zoning re R-10 Residential District to B-4K Historic Kempsville Area Mixed Use District; B-2 Community Business District to B-4K Historic Kempsville Area Mixed Use District; 0-2 Office District to B-4K Historic Kempsville Area Mixed Use District; R-5D Residential District to B-4K Historic Kempsville Area Mixed Use District; AG- 1 Agriculture District to B-4K Historic Kempsville Area Mixed Use District DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 9. CITY OF VIRGINIA BEACH Ordinance to AMEND the official Zoning Map by the designation and incorporation of additional properties into the Historic Kempsville Area Overlay District DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 06/21/16 tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �tiylp•B MAYOR WILLIAM D.SESSOMS,JR.,At-Large wt VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,At Large O p e ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne District 7 U SHANNON DS KANE,Rose Hall-District 3 Cs. `►+�,, JOHN D.MOSS,At Large 47 • / a? AMELIA ROSS-HAMMOND,Kempsville-District 2 **+o. o„s JOHN E.UHRIN,Beach District 6 ou■ ��� 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 CITYATTORNEY- MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC 21 June 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS Conference Room- 4:00 PM 1. Bi-Weekly Pay Patti Phillips, Director—Finance 2. Interim Financial Report Patti Phillips, Director—Finance 3. Neighborhood Navigational Dredging Phillip Roehrs, Water Resources Engineer—Public Works II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Daniel Malingumu, Father Church of the Ascension C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 7, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. "Champion for the Arts" Carolyn Garrett, Chair—Arts and Humanities Commission 2. PROCLAMATIONS a. Captain Frank E. Hughlett Day, June 21, 2016 Frank Hughlett, Commander—Joint Expeditionary Base, Little Creek-Fort Story b. Parks and Recreation Month, July 2016 Michael Kalvort, Director—Parks and Recreation a`4sfiuv'ae, 04 * G� ti C2 s3 9s Tor. ' I: rotlamcattoit Whereas: Captain 7fughfett is a native of Sterling, Virginia,'a graduate of Virginia Tech, and commissioned in November,1986 through Officer Candidate School in Newport,Rhode Island and Whereas: Captain.2fughlett assumed command of Joint Expeditionary Base Little Creek- Fort Story, in February 2013;and Whereas: Captain 7-ughlett was appointed by the Governor of Virginia to the Council on Interstate Compact for the Education of Military Children and is an alumnus of the Civic Leadership Institute class of 2015.Captain .9fughlett holds a Masters in Science andStrategy and Joint Campaign Planning from the National Defense 'University,Joint Advanced War Fighting School and Whereas: 7fis command tours include Commanding Officer, Maritime CivilAffairs and Security Training Command, Commanding Officer, Provincial Reconstruction Team and Forward Operating Base Farah Afghanistan; and Commanding Officer, Beach [Master Vnit Two. Additional tours include Chief of Staff, Naval- Expeditionary Combat Command Pacific, Chief of Plans and Policy, Stability Division, 7feadquarters, International Security Assistance Force, Kabul Afghanistan; Executive Officer and Antisubmarine Warfare Officer, VSS Chosin,• Weapons Officer and Combat System Officer, VSS Ramage(DDG 61)and Gunnery Officer,First Lieutenant and Combat Information Center Officer VSS Berkeley(DDG 15)•and Whereas: 7fis personal decorations include the Legion of`Merit(2 Awards),Bronze Star,Defense[Meritorious Service [Medals(two awards), [Meritorious Service Awards medals(three awards), Naval Commendation medals (three awards),and Navy and-WaringCorps achievement medals(three awards•and Whereas: As Commander Joint Expeditionary Base Little Creek-Fort Story Captain 7fughlett has been an exemplary City manager/Mayor of the largest employer in the city of Virginia Beach;and Whereas: 7fe managed a base of several thousand acres that is utilized by the nation's finest warriors including [Marines, SEALS Explosive Ordnance and Demolition technicians, the Coast Guard,'"US Army and multiple other commands and activities including large ships;and Whereas: Jfe carried out these activities in a fashion befitting the finest in Naval-service;and Whereas: Captain 7fughlett has been a great neighbor and facilitator between the city's largest employer, its employees,and the citizens of the City of Virginia Beach;and Whereas: Captain 7fughlett epitomizes the concept of an officer and a gentleman in the finest tradition of Navy service and is a patriot anda warrior Now,'Herefore,I,William D.Sessoms,Jr.,Mayor of the City of Virginia Beach, Virginia,do hereby Proclaim: June 21, 2016 Captain Frank E. x fktt Da� y In Virginia Beach, and I encourage all-citizens celebrate Captain 7fughlett's work as Commander at Joint Expeditionary Base Little Creek-Fort Story over the previous three years and his decades of service to our country. In Witness Whereof I have hereunto set my hand and caused the Official.Seal of the City of Virginia Beach,Virginia, to be affixed this Twenty-first day of June,Two Thousand Sixteen. -rte^ (/IVB 44/414.11 ----- William D.Sessoms,Jr Mayor 11�IA`BE9c O�� Nro e GF W/li No��IiB _gillin i 4' t a 11 'rrtr martrin Whereas: Parks and recreation programs are an integralpart of the City of Virginia Beach with 266 parks and parh,fatties,seven community recreation centers, 7,069 acres ofparkfandand open space; and Whereas: Eighty-three percent of the community resides within a half-mile warkto a park and Whereas: Parts and recreation programs are vitally important to establishing and maintaining the quality of life in our community, ensuring the health of all citizens,programming active and passive activities for citizens, and contributing to the economic and environmental well=6eing of our community;and Whereas: Parks and recreation is an integral part of Vision 2040, contributes to the achievement of the gods in the Sustainability(Plan and supports the'Urban Forest Management Plan;and Whereas: :Parts and recreation programs provide therapeutic recreation and inclusion services for individuals with cognitive or physical needs;and Whereas: Vie Parks and Wecreation Department is the largest youth development provider in the city serving over 8,800 children annually;and Whereas: Parks and recreation programs increase a community's economic prosperity through increased property values, increased tourism, the attraction and retention of businesses, and crime reduction;;and 'Whereas: Parks and natural areas improve water quality, improve the quality of the air we breathe, and produce habitat for wildlife;and Whereas: Parks and natural areas and open space pnrvufzs a place for children and adults to connect with nature and recreate outdoors;and Whereas: 'The Trust for Publu Land recently ranked Virginia Beach as one of the best park systems nationally;and 'Whereas: 'The Parks and&creation:Department is a CAM Accredited"agency. Wow,'Therefore,I,William D.Sessoms,Jr.,Mayor of the City of Virginia Beach,do hereby Proclaim: 7 2016 a (Pari alai � ® Month In Virginia Beach, and I encourage all citizens, city members and civic organizations to join me in supporting our Parks and Recreation programs by visiting a community recreation center,parkornatural-area. In Witness Whereof I have hereunto set my hand and caused the OfficialSeal of the City of Virginia Beach, Virginia, to be affixed this Twenty-first day of June, Two'IhousandS&,teen. iga L-----...., 3 William D.Sessoms,Jr. .'' '' Mayor . ,m,114,47:d*.tr, , , ,.. ..t. _. . ,,,.... - ,,,,,,,,i4,4:97 ._ .. . ., „....%,.4. +L ;tom,', ,.,„ I. PUBLIC HEARINGS 1. MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS (SSD): a. Hurd's Cove b. Chesopeian Colony ,moi- h 2 {J S ''.4YVif PUBLIC HEARING AN ORDINANCE TO MODIFY THE BOUNDARIES OF THE HURD'S COVE NEIGHBORHOOD DREDGING PROJECT In accordance with Code of Virginia § 15.2-2402.1,the City Council of Virginia Beach,Virginia will hold a public hearing on an ordinance to create a Special Service District for the Hurd's Cove Neighborhood Dredging Project. The Public Hearing will be held on Tuesday, June 21,2016,at 6:00 p.m.in the City Council chamber. The chamber is located on the second floor of City Hall, at 2401 Courthouse Drive. All persons are encouraged to attend and speak about this proposed special service district. A copy of the proposed ordinance, including a map of the revised district boundary may be inspected at the Office of the City Clerk. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). Ruth Hodges Fraser,MMC City Clerk BEACON:MAY 29,2016,JUNE 5 and 12,2016 if `:' i . PUBLIC HEARING AN ORDINANCE TO MODIFY THE BOUNDARIES OF THE CHESOPEIAN COLONY NEIGHBORHOOD DREDGING PROJECT In accordance with Code of Virginia § 15.2-2402.1,the City Council of Virginia Beach,Virginia will hold a public hearing on an ordinance to modify the boundaries of the Chesopeian.Colony Neighborhood Dredging Special Service District. The Public Hearing will be held on Tuesday,June 21,2016,at 6:00 p.m. in the City Council chamber. The chamber is located on the second floor of City Hall, at 2401. Courthouse Drive. All persons are encouraged to attend and speak about this proposed special service district. A copy of the proposed ordinance, including a map of the revised district boundary may be inspected at the Office of the City Clerk. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). Ruth Hodges Fraser,MMC City Clerk BEACON:MAY 29,2016,JUNE 5 and 12,2016 J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 35-64 and 35-67 re the Exemption or Deferral of Real Estate Taxes for Elderly and Disabled Persons 2. Resolution to RECOGNIZE the 100th Anniversary of Fort Story 3. Ordinance to AUTHORIZE a Cooperative Agreement between City Council and the School Board re legal services to the School Board/Administration by the City Attorney in FY2017 4. Ordinance to AUTHORIZE the City Manager to EXECUTE an extension of the term of the Ground Lease between the City and the Development Authority for the Amphitheater 5. Resolution to DECLARE an emergency due to the accumulation of excessive sand for certain properties along Sandbridge Beach 6. Resolution to AUTHORIZE a non-binding Term Sheet for the CityView Two project, REQUEST approval of the Term Sheet by the Development Authority and AUTHORIZE the City Manager and City Attorney to develop supplemental project documents 7. Ordinances to MODIFY the boundaries and AUTHORIZE a refund of SSD Levies: a. Hurd's Cove Neighborhood Dredging Special Service District b. Chesopeian Colony Neighborhood Dredging Special Service District 8. Ordinance to AUTHORIZE the City Manager to EXECUTE Agreements between the City and individual property owners re permitting use of the Thalia Transfer Facility for private dredging 9. Ordinances to AUTHORIZE the annual compensation for: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 10. Ordinance to APPOINT the Directors of Planning, Public Works and Parks and Recreation to serve as Viewers re streets or allies being altered or vacated 11. Resolution to REQUEST the Hampton Roads Congressional Delegation work to support the Norfolk International Airport's efforts to build a parallel runway 12. Ordinances re the Oyster Heritage Plan: 1. FY2015-16 Operating Budget of the Planning Department: a. APPROPRIATE $40,788 from Fund Balance and $16,009 from voluntary contributions b. TRANSFER$3,294 from the General Fund Reserve for Contingencies c. AUTHORIZE a Grant of$60,091 for Lynnhaven River NOW for oyster recycling, educational programs and oyster population surveys d. APPROPRIATE $40,000 to the Department of Public Works from voluntary contributions re oyster shell recycling effective July 1, 2016 13. AUTHORIZE permits allowing EMS agencies to operate in the City: 1. RENEWAL APPLICATIONS: American Lifeline Medical Transport, Inc. American Medical Transport, LLC Cardinal Ambulance Service, Inc. Children's Hospital of the King's Daughters Delta Medical Transport, Inc. Emergency Medical Response, LLC Heart Song Care Transport, Inc. LifeCare Medical Transports, Inc. Medical Transport, LLC Nightingale Air Ambulance Reliance Medical Transport, LLC Robbie's Ambulance Service, Inc. Special Event Providers of Emergency Medicine, Inc. Tidewater Medical Transport, LLC 2. NEW APPLICATIONS: Shore Transport Services, Inc. MB Solutions, LLC NuCare Carolina Ambulance, Inc. 14. Ordinance and Resolution re Emergency Medical Services: 1. APPROPRIATE: a. $21,306 of EMS Training revenue for purchase of rescue equipment and supplies b. $16,661 of Special Event revenue to reimburse for previous remissions to Volunteer Rescue Squads for stand-by duty at special events c. $27,516 of Special Event reimbursement revenue to remit funds to Volunteer Rescue Squads for stand-by duty at special events ---ca',`4g41 l c rCoV J 4 =i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Increase the Income Thresholds for the Elderly and Disabled Real Estate Tax Relief Program by the Same Percentage Increase of Single Family Home Assessments as Recommended by the Elderly and Disabled Real Estate Tax Relief Program Taskforce MEETING DATE: June 21, 2016 • Background: Historically, the Real Estate Tax Relief for the Elderly Program (the "Program") modifications were adjusted as part of the annual budget process; however, in October 2014, a citizen's taskforce (the "Taskforce") was appointed to study the Program. The Taskforce conducted a thorough review of the history of the program from FY 1973 — FY 2015, which included a review of past citizen taskforce reports, past and current City policies that affected the rising cost and number of participants in the program, a comparison to other cities, the possible future growth of the program and its effect on the City's ability to remain fiscally sustainable. On March 3, 2015, City Council approved an ordinance to enact the recommendations of the Taskforce. In addition to those changes, the Taskforce recommended making annual adjustments to income thresholds by the same percentage of annual change in single family home assessments. Per the City Real Estate Assessor's Annual Report, single family home assessments are increasing by 3.3% in FY 2016-17. • Considerations: The attached ordinance increases the income thresholds for the Program upward by 3.3%. This is the same level of growth anticipated to occur in single family home assessments in FY 2016-17. The FY17 budgeted costs estimate of the Program assumed the changes set forth by this item, but to be effective, the Council needs to formally adopt the income thresholds. Similar adjustments will be addressed as part of subsequent budget processes in accordance with the above-referenced recommendations of the Taskforce. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Services 0 City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 35-64 AND 2 35-67 OF THE CITY CODE PERTAINING TO THE 3 EXEMPTION OR DEFERRAL OF REAL ESTATE 4 TAXES FOR ELDERLY OR DISABLED PERSONS 5 6 SECTIONS AMENDED: §§ 35-64 and 35-67 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 35-64 and 35-67 of the City Code are hereby amended and 12 reordained to read as follows: 13 14 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing 15 home, etc. 16 17 (a) Either the exemption, deferral or freeze, but not more than one (1), as 18 provided for in this division shall be granted to persons subject to the following 19 provisions: 20 21 (1) The title to the property for which exemption, deferral or freeze is 22 claimed is held, or partially held, on June thirtieth immediately preceding the taxable 23 year, by the person or persons claiming exemption, deferral or freeze and is occupied 24 as the sole dwelling of such person or persons. 25 26 (2) The head of the household occupying the dwelling and owning title or 27 partial title thereto or either spouse in a dwelling jointly held by a husband and wife is 28 either permanently and totally disabled or is sixty-five (65) years of age or older on June 29 thirtieth of the year immediately preceding the taxable year; provided, however, that a 30 dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five 31 (65) years of age. 32 33 (3) For the tax exemption programs, the total combined income received 34 from all sources during the preceding calendar year by: (i) the owner or owners of the 35 dwelling who use it as their principal residence and (ii) the owner's or owners' relatives 36 who live in the dwelling, shall not exceed _ . _ _ - •* - _ - 37 dollars ($50,668) fifty two thousand three hundred and forty dollars ($52,340) provided 38 that the first ten thousand dollars ($10,000.00) of income of each relative, other than a 39 spouse of the owner, who is living in the dwelling, shall not be included in such total: 40 and provided further that the first ten thousand dollars ($10,000.00) or any portion 41 thereof of income received by a permanently and totally disabled owner shall not be 42 included in such total. 43 44 . . . . 45 46 Sec. 35-67. Amount of exemption. 47 48 When a person claiming exemption under this division conforms to the standards 49 and does not exceed the limitations contained in this division, the tax exemption shall be 50 as shown on the following schedule: 51 52 Total income, 53 All Sources Tax Exemption 54 $0.00 $38,668.00 $0.00 - $39,944 100% 55 $38,668.01 $41,668.00 $39,944.01 - $43,043.00 80% 56 $41,668.01 $44,668.00 $43,043.01 - $46,142.00 60% 57 $44,668.01 $47,668.00 $46,142.01 - $49,241.00 40% 58 $47,668.01 $50,668.00 $49,241.01 - $52,340.00 20% 59 60 No lien shall accrue as a result of the amount certified as exempt. 61 62 BE IT FURTHER ORDAINED: That this ordinance shall be effective for 63 applications seeking tax relief for the tax year commencing on July 1, 2016. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPRQVED AS TO LEGAL SUFFICIENCY: rs) ) ()Pk/1j L)( eAj: ,\))1 Budget and Management Services City_ ey's Office CA13763/R-1/June 6, 2016 -.,4i-�'�N�agAcI h: ,j? 1't a z ,:,,,,,7—gii - •' ,,4...'e t y J, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Recognizing the 100th Anniversary of Fort Story MEETING DATE: June 21, 2016 • Background: Fort Story is the physical location of historically significant moments for both the Commonwealth of Virginia and the United States of America. Fort Story was the location of the first landing in 1607. Fort Story witnessed the blockade by French Fleet led by Admiral de Grasse, which led to the surrender by Lord Cornwallis at Yorktown. Fort Story is the location of the Cape Henry Lighthouse, the first federally funded public works project. In July 1916, Virginia Governor Henry Stuart, in conjunction with the United States' War Department broke ground on the fort, which was officially named after Major General John P. Story. As part of the 2005 Base Closure and Realignment Commission recommendation, Fort Story is officially part of what is now named, Joint Expeditionary Based Little Creek-Fort Story. ■ Considerations: The attached resolution recognizes Fort Story upon the 100th anniversary of its establishment. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Requested by Mayor Sessoms Requested by Mayor Sessoms 1 A RESOLUTION RECOGNIZING THE 100TH 2 ANNIVERSARY OF FORT STORY 3 4 WHEREAS, Fort Story bears significant historical reference to the beginning of 5 our country; and 6 7 WHEREAS, in 1607, colonists first landed at Cape Henry where Fort Story is 8 now located before resettling to Jamestown, Virginia with the landing site represented 9 by a granite cross on National Park Service land; and 10 11 WHEREAS, in 1781, at the end of the Revolutionary War, the French Fleet led by 12 Admiral de Grasse blockaded the bay just offshore preventing the British forces at 13 Yorktown from receiving reinforcements, thus forcing Lord Cornwallis to surrender to 14 General George Washington; and 15 16 WHEREAS, in 1791, the first federally funded public works project, the Cape 17 Henry Lighthouse, was commissioned to guide maritime commerce at the mouth of the 18 Chesapeake Bay with completion in 1792. A new lighthouse was completed in 1881 and 19 is still in use; and 20 21 WHEREAS, in November 1909, President William Howard Taft remarked while at 22 Cape Henry, "We should put up a gigantic fortress right here between these capes" 23 referring to Cape Henry and Cape Charles and the Army purchased land at Cape Henry 24 prior to World War I; and 25 26 WHEREAS, in March 1914, the Virginia General Assembly ceded 343 acres in 27 six parcels to the federal government which was known as the Cape Henry Military 28 Reservation which has grown to 1451 acres; and 29 30 WHEREAS, in July 1916, Virginia Governor Henry Stuart, in conjunction with the 31 War Department, broke ground on the fledgling Fort which was officially named after 32 Major General John P. Story on July 24,1916; and 33 34 WHEREAS, in February 1917, Lieutenant Colonel Daniel Warren Ketcham, U.S. 35 Military Academy class of 1890, became the first post commander with two artillery 36 companies arriving on post from Fort Monroe; and 37 38 WHEREAS, Fort Story was the first Anti-Aircraft Artillery Instillation; and 39 40 WHEREAS, on October 1, 2009, the former Naval Amphibious Base Little Creek 41 and Fort Story merged as part of the 2005 Base Closure and Realignment Commission 42 recommendation to establish twelve "Joint Bases" and is officially is now officially 43 named Joint Expeditionary Base Little Creek-Fort Story; and 44 45 WHEREAS Fort Story is utilized by all branches of the military, especially Naval 46 Special Warfare, U.S. Marines, U.S. Coast Guard, Navy Explosive Ordinance and 47 Disposal Technicians, and it is the Army's preeminent site for Logistics Over The Sea 48 Training. 49 50 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia 51 Beach, that Fort Story be recognized for its role in U.S. and Virginia history on the 100th 52 anniversary of its establishment Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2016. APP e ED AS TO LEGAL SUFFICIENCY: C Pr'rney's Office CA13767 R-2 June 10, 2016 ,41",;;:1V4'8-1 HL1 r'•.• T er CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2017 MEETING DATE: June 21, 2016 • Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On June 7th, the School Board approved the attached Cooperative Agreement. • Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 5,775 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Assistant City Attorney (Dannielle Hall-Mclvor), an Assistant/Associate City Attorney to be hired for FY 2017, and one paralegal (Anna Cleveland) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. is Public Information: The ordinance is to be advertised as a routine agenda item. • Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Sessoms to execute it on behalf of the City Council. • Attachments: Ordinance, Cooperative Agreement Recommended Action: Approval Submitting De• = + me l Agency: City Attorney , } City Manager: \; 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2017 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; 12 13 WHEREAS, the Cooperative Agreement for FY 2016, which expires on June 30, 14 2016, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and 15 renewed each fiscal year ...;" and 16 17 WHEREAS, City Council agrees that it is in the best interests of the City and the 18 School Board for the Office of the City Attorney to continue to provide legal services to the 19 School Board pursuant to the revised Cooperative Agreement for FY 2017. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby approves the Cooperative Agreement for FY 25 2017, a copy of which is attached hereto. 26 27 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 28 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2016. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney CA13766 R-1 June 9, 2016 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2017 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution,the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases,the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 of designated legal services to the School Board,and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of three and one half(3 '/2)attorney positions(or 5,775 hours per year)and one(1)paralegal position during FY 2017. The services to be provided as follows: A. The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 5,775 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall-Mclvor, Assistant City Attorney, and an Assistant/Associate City Attorney to be hired for FY17. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Paralegal on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits Page 3 of 7 matters, contracts, general administrative and procedural issues, litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney,or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board,the City Attorney will use his best efforts to make such an assignment(s)as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement,the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and Page 4 of 7 applicable provisions of the Superintendent's contract. Additionally, the Office of the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $534,502.00 from its FY 2017 Operating Budget to the FY 2017 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of three and one half(3.5) attorneys and one (1) Paralegal. IDT requests of 25%of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2016 and ends June 30, 2017, and may be revised,as necessary,and renewed each fiscal year thereafter;provided,however,that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120)days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: /A Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on au" . "1� , 2016. By: w•-s Z C 2-1.4- School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2016. By: City Clerk Page 7 of 7 "''''" c <<4 � 2� . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Extension of the Term of the Ground Lease between the City of Virginia Beach and the City of Virginia Beach Development Authority for the Amphitheater MEETING DATE: June 21, 2016 • Background: In 1995, the City of Virginia Beach (the "City") leased a portion of GPIN: 1484-49-3328, consisting of approximately 96.81 acres of land, located in Princess Anne Commons off Dam Neck Road to the City of Virginia Beach Development Authority (the "Authority") for the development of an amphitheater (the "Ground Lease"). The initial term of the Ground Lease is 35 years and expires on September 15, 2030. The Authority entered into a sublease (the "Facility Lease") with Cellar Door Venues, Inc. ("Cellar Door" or "Tenant") for the construction, operation and maintenance of an outdoor amphitheater (the "Amphitheater"). Live Nation Entertainment, Inc. subsequently acquired Cellar Door, though Cellar Door remains the operating entity. The initial term of the Facility Lease is for 30 years and expires December 31, 2026. The Facility Lease contains a covenant against competition (the "Covenant") which could prevent the Authority from participating in the planned sports and entertainment arena across from the Virginia Beach Convention Center (the "Arena"). The Amphitheater has been operating successfully for over 20 years and has proven to be a valuable asset to the City's economy. The City believes the Arena will also be a successful addition to the City and the City's economy. The parties have negotiated a waiver of the Covenant as it applies to the Arena in exchange for an extension of the term of the Facility Lease of 5 years. Therefore, the Tenant would continue to operate the Amphitheater until December 31, 2031. Extending the term of the Facility Lease would also require an extension of the Ground Lease between the City and the Authority from September 15, 2030 to December 31, 2031. The Authority will also consider a resolution authorizing the extension of the Ground Lease and Facility Lease, along with the waiver of the Covenant, at its June 21, 2016 meeting. • Considerations: The Authority and the Tenant desire to extend the initial term of the Facility Lease for a period of 5 years. In order to accommodate the extension of the Facility Lease, the City and the Authority desire to extend the Ground Lease until December 31, 2031. This action would promote stability at the Amphitheater and increase the chance of the successful implementation of the Arena project. • Public Information: Advertisement of City Council Agenda • Recommendation: Approval ■ Attachments: Ordinance Recommended Action: Approval Submitting De. . e• •ency: Economic Developmen City Manager: 1410 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN EXTENSION OF THE 3 TERM OF THE GROUND LEASE BETWEEN THE 4 CITY OF VIRGINIA BEACH AND THE CITY OF 5 VIRGINIA BEACH DEVELOPMENT AUTHORITY 6 FOR THE AMPHITHEATER 7 8 WHEREAS, the City of Virginia Beach (the "City") leased approximately 96.81 9 acres of land located in Princess Anne Commons off Dam Neck Road (the "Property") 10 to the City of Virginia Beach Development Authority (the "Authority") for the 11 development of an amphitheater (the "Ground Lease"); 12 13 WHEREAS, the initial term of the Ground Lease expires on September 15, 2030; 14 15 WHEREAS, the Authority entered into a sublease (the "Facility Lease") with 16 Cellar Door Venues, Inc. (the "Tenant") for the construction, operation and maintenance 17 of an amphitheater (the "Amphitheater") on the Property; 18 19 WHEREAS, the initial term of the Facility Lease expires December 31, 2026; 20 21 WHEREAS, the Facility Lease contains a covenant against competition (the 22 "Covenant"), which could interfere with the Authority's planned role in the proposed 23 sports and entertainment arena (the "Arena"); 24 25 WHEREAS, the City, the Authority and the Tenant now desire to amend the 26 terms of both leases to extend the expiration dates of both leases until December 31, 27 2031, and to document the waiver of the Covenant as it applies to the Arena; and 28 29 WHEREAS, City Council is of the opinion that the continued success of the 30 Amphitheater and the development of the Arena are in the best interest of the citizens of 31 the City. 32 33 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 1. That the City Manager is hereby authorized to execute an amendment to 37 the Ground Lease between the City and the Authority extending the term from 38 September 15, 2030 until December 31, 2031, in accordance with the Summary of 39 Terms attached hereto as Exhibit A and made a part hereof. 40 41 2. That City Council requests and recommends that the Authority adopt a 42 Resolution extending the term of the Ground Lease and Facility Lease and documenting 43 the waiver of the Covenant. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 46 , 20 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY A . • ' ,11° City Attorney Economic Development CA13477 .Wbgov.comDFS I,Applications,CityLawProd\cycom32\Wpdocs1D0031P021\0028622 3.doc R-1 June 13, 2016 EXHIBIT A SUMMARY OF TERMS AMENDMENT TO AMPHITHEATER GROUND LEASE BETWEEN CITY OF VIRGINIA BEACH AND THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY GROUND LEASE: LANDLORD: City of Virginia Beach TENANT: City of Virginia Beach Development Authority PROPERTY: Portion of GPIN: 1484-49-3328, consisting of 96.81+/- acres located off Dam Neck Road in Princess Anne Commons INITIAL TERM: Thirty-five (35) years (9/15/95—9/15/30) or 2 days after Facility Lease expires (whichever is earlier) EXTENSION OF GROUND LEASE: Fifteen months and sixteen days/ New expiration date: 12/31/31 • All other terms and conditions set forth in the Ground Lease remain unchanged and in full force and effect. RECOMMENDATION OF AMENDMENT TO THE FACILITY LEASE (Sub-Lease): LANDLORD: City of Virginia Beach Development Authority TENANT: Cellar Door Venues, Inc. PROPERTY: Portion of GPIN: 1484-49-3328, consisting of 96.81+/- acres located off Dam Neck Road in Princess Anne Commons INITIAL TERM: Thirty (30) years commencing 1996 /expires 12/31/26 (the last day of the 30th year) EXTENSION OF FACILITY LEASE: Five (5) years/ New expiration date:12/31/31 WAIVER OF COVENANT: The parties agree that the planned Arena does not violate the covenant against competition currently in the Facility Lease. • All other terms and conditions set forth in the Facility Lease remain unchanged and in full force and effect. [ r-4-0' il, "g; w cif s; :.y .�v+ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Declaring an Emergency Due to the Accumulation of Excessive Sand for Certain Properties along Sandbridge Beach MEETING DATE: June 21, 2016 • Background: The Coastal Primary Sand Dune and Beaches Act (Va. Code Ann. §§28.2-1400 et seq.) and the City's Coastal Primary Sand Dune Zoning Ordinance (City Zoning Ord. §§1600 et seq.) require a person seeking to alter a coastal sand dune or beach to obtain a permit from the local wetlands board. An exemption for such approval by the wetlands board exists for "activities pursuant to an emergency declaration by the City Council of the City of Virginia Beach or the Governor of the Commonwealth or any public health officer for purposes of protecting the public health and safety." (CZO §1602(k)). The Sandbridge Beach Civic League adopted a Resolution on May 21, 2016 asking the City to issue an emergency declaration concluding that the accumulation of sand adjacent to multiple oceanfront properties in Sandbridge constituted a hazard by reducing the required height of fence enclosures surrounding swimming pools and exposing jagged and rusted edges of bulkhead sheet piles that created a hazard to foot traffic. The Civic League contended that immediate action was required and that the wetlands board process was too slow and difficult to address these immediate needs. City staff visited some of the properties the Civic League identified and concluded that sand was migrating landward, but that only some of the properties presented a clear and imminent threat to public health and safety. Staff, at City Council's direction, invited those individual property owners who believed that they had an imminent public safety and health issue because of the excessive sand impeding the effectiveness of their swimming pool enclosures or constituting a danger to foot traffic on the beach to submit a request and pictures to the City. Exhibit A attached to the City Council emergency declaration is a list of those properties and owners who asked to be included in the emergency declaration and who staff concurs have a public health and safety that would warrant an emergency declaration. • Considerations: The Emergency Resolution for those self-identified owners of Sandbridge is attached for consideration. The Resolution will allow those identified owners to remove sand from their property, deposit it on the beach and grade the beach in accordance with the attached conditions without a permit from the wetlands board, but with an expedited permit issued under City Code §6-13. Owners may also proceed through the normal permit process and obtain a permit from the wetlands board for the removal, deposit and grading of the sand. The ongoing nature of this excessive sand may also warrant exploration of legislative amendments to make this process easier for the affected homeowners. Emergency Declaration for Sandbridge Page 2 of 2 • Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: It is recommended that the attached Resolution be adopted to ease the emergency conditions affecting public health and safety on these properties at Sandbridge identified on Exhibit A because of the excessive sand accumulation. • Attachments: Resolution and Exhibit A Recommended Action: Approval Submitting Department/Agency: Planning and Community Develop '1. City Manager: 44 1 A RESOLUTION DECLARING AN EMERGENCY DUE TO 2 THE ACCUMULATION OF EXCESSIVE SAND FOR 3 CERTAIN PROPERTIES ALONG SANDBRIDGE BEACH 4 5 WHEREAS, sand has accumulated on certain improved properties adjacent to 6 Sandbridge Beach; 7 8 WHEREAS, the accumulated sand has in some cases built up to and over fences 9 that surround inground swimming pools rendering the swimming pool safety fences 10 enclosing such pools ineffective, and has raised the sand level adjacent to some 11 bulkheads to the point that sharp surfaces upon such bulkheads are exposed to foot 12 traffic, thus creating a public health and safety hazard; 13 14 WHEREAS, the owners of the affected properties desire to resolve the hazards 15 created by the accumulated sand by removing the sand and placing it back upon the 16 public beach (the "Sand Management Activities"); 17 18 WHEREAS, to the extent the Sand Management Activities involve grading or 19 reshaping existing dune or beach areas, such activities must be performed in 20 compliance with the Virginia Beach Coastal Primary Sand Dune Zoning Ordinance, 21 which generally requires a permit to be issued by the Wetlands Board; 22 23 WHEREAS, Section 1602(k) of the Coastal Primary Sand Dune Zoning 24 Ordinance empowers the City Council to declare an emergency for the purpose of 25 protecting the public health and safety, and such declaration would allow the owners of 26 the properties subject to the declaration to undertake the Sand Management Activities 27 without the necessity of a Wetlands Board permit; 28 29 WHEREAS, the owners of the properties identified on the list attached hereto as 30 Exhibit A, have requested that the City Council issue an emergency declaration to allow 31 them to remove sand from their property, deposit it on the beach and grade the beach 32 and city staff have reviewed the information submitted and recommends approval of an 33 emergency declaration as to the identified properties. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 The City Council finds and declares that the accumulation of sand on the 39 properties identified on the attached Exhibit A constitute an emergency affecting the 40 public health and safety and authorizes the owners of said properties to remove sand 41 from their property, deposit it on the beach and grade the beach in accordance with the 42 following conditions: 43 44 1. The removal, deposit and grading of the sand resulting shall be conducted in 45 accordance with permits issued by the City Manager or his designee in 46 conformity with the requirements of City Code Section 6-13 ("the Section 6-13 47 Permit(s)"). The Sand Management Activities authorized by this resolution 48 and the Section 6-13 Permits shall not require Wetlands Board approval. 49 2. The Planning Department shall issue the Section 6-13 Permits with 50 reasonable conditions that shall protect the beach and dune to the greatest 51 extent possible while allowing for reasonable sand removal, placement and 52 grading. 53 3. The application for the Section 6-13 Permits shall be accompanied by plans, 54 which shall not be required to be signed or sealed by a professional engineer, 55 provided the plans are otherwise satisfactory to the Planning Department. 56 4. Applications for the Section 6-13 Permits shall be promptly submitted to the 57 Planning Department and all work shall be completed within thirty (30) days of 58 the issuance of the permit. Adopted by the Council of the City of Virginia Beach on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,f, Planni • Departments City Attor 's Office CA13761 R-4 June 10, 2016 EXHIBIT A 2576 Sandfiddler Road 2832 Sandfiddler Road 2952 Sandfiddler Road 3212 Sandfiddler Road 3324 Sandfiddler Road 3348 Sandfiddler Road 3352 Sandfiddler Road 3508 Sandfiddler Road 3512 Sandfiddler Road 3524 Sandfiddler Road 3648 Sandfiddler Road 3700/3738 Sandpiper Road (The Sanctuary) . , b3 v,fAS✓� j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving a Non-binding Term Sheet for the CityView Two Project, Requesting Approval by the City of Virginia Beach Development Authority and Authorizing the Development of Supplemental Project Documents MEETING DATE: June 21, 2016 • Background: Representatives of CityView Two, L.L.C. ("Developer") have approached the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") with a plan to develop and construct a mixed-use development in the Town Center area of the City (the "Project"). The proposed Project would be constructed in three phases and include the following: Phase One: 13,500 square feet of office space, 202 apartments and a seven- level structured parking deck with 481 parking spaces. Phase Two: 24,000 square feet of commercial space Phase Three: a 110-120 room limited service hotel and 4,000-5,000 square feet of office, retail or restaurant space The Project would be constructed on approximately 10 acres of property (GPINs: 1477-62-9678 and 1477-72-2921) owned by the Developer located at the northern-side of the intersection of Bonney Road and Constitution Drive (the "Property"). Affiliates of the Developer have also agreed to sell to the City easements across those portions of the Project and related properties controlled by Developer necessary for the continuation of the Thalia Creek Greenway. • Considerations: The Developer has stated that without City incentives set forth in the non-binding term sheet (the "Term Sheet"), the Project would be scaled back to a suburban-style development with little to no structured parking. It is also unlikely that the planned hotel would be constructed as a part of the scaled back project. The Term Sheet includes annual incentive payments from the Authority to the Developer. The proposed incentives are the Incremental Real Estate Taxes (defined below) generated and paid at the Project, for up to 25 years. The total amount of the incentives is capped at $10,200,000. Developer plans to use the incentive payments to offset a portion of the cost of structured parking in the Project. The Incremental Real Estate Taxes are the real estate taxes generated by the increased assessed value at the Property over the amount of real estate taxes currently generated by the Property. This approach is similar in concept to the TIF model used in the first five phases of the core area of Town Center. The real estate taxes generated by the improvements are used to fund the public obligations. Unlike the core area of Town Center, the Authority will not own the parking facility at the Project; however, parking in the Project will be required to be available to the public at no charge. Failure to make the parking available to the public would result in the termination of further incentive payments. To implement the incentives, the Authority would enter into an incentive agreement with the Developer and pay the incentive payments to the Developer. City Council would appropriate sufficient funds to the Authority for this purpose. All obligations of the Authority will be subject to appropriation. The Authority will consider approval of the Term Sheet at its June 21, 2016 meeting. Such approval would be contingent on an approval of this Resolution. • Information: Public information for this item will be handled through the normal Council agenda process. ■ Alternatives: Approve the Resolution as presented, modify the terms as desired by City Council, or deny approval of the Resolution. ■ Recommendation: Approval. ■ Attachments: Resolution, Summary of Terms, Disclosure Statement Form, Location Map Recommended Action: Approval Submitting De, - • e, i ; -ncy: Strategic Growth Area office City Manager: Lot 1 RESOLUTION APPROVING A NON-BINDING 2 TERM SHEET FOR THE CITYVIEW TWO 3 PROJECT, REQUESTING APPROVAL BY THE 4 CITY OF VIRGINIA BEACH DEVELOPMENT 5 AUTHORITY AND AUTHORIZING THE 6 DEVELOPMENT OF SUPPLEMENTAL PROJECT 7 DOCUMENTS 8 9 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 10 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 11 have engaged in negotiations with representatives of CityView Two, L.L.C. (the 12 "Developer"), and its affiliates, regarding the development and construction of a mixed- 13 use project in the Town Center area of the City (the "Project"); 14 15 WHEREAS, the proposed Project would be constructed in three phases and would 16 include apartments, a limited service hotel, commercial space and structured parking; 17 18 WHEREAS, the Project would be a further expansion of the City's ongoing Town 19 Center project; 20 21 WHEREAS, the Developer has worked with the City Manager and City staff to 22 develop a non-binding Term Sheet dated June 14, 2016 (the "Term Sheet"), which 23 outlines a comprehensive development plan for the Project; 24 25 WHEREAS, a summary of the Term Sheet is attached hereto as Exhibit A (the 26 "Summary of Terms") and made a part hereof; 27 28 WHEREAS, the obligations of the Authority outlined in the Term Sheet would 29 include incentive payments to the Developer; 30 31 WHEREAS, the City Council believes that the Project will stimulate the City's 32 economy, increase public revenues, enhance public amenities and further the City's 33 development objectives at Town Center; and 34 35 WHEREAS, the City Council desires that the Authority approve and execute the 36 Term Sheet and pursue the development of supplemental project documents to be 37 negotiated in substantial conformity with the terms outlined in the Term Sheet. 38 39 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 1. The City Council approves the Term Sheet, a summary of which is 43 attached hereto as Exhibit A and incorporated herein. 44 2. The City Council requests and recommends that the Authority adopt a 45 resolution consistent with this Resolution approving the Term Sheet and authorizing its 46 execution. 47 48 3. The City Manager and the City Attorney are hereby authorized and 49 directed to proceed with the development of supplemental Project documents 50 necessary and appropriate to implement the Project substantially as outlined in the 51 Summary of Terms. 52 53 4. The City Manager is directed to return the final supplemental Project 54 documents to City Council and the Authority for approval prior to execution of those 55 documents. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 58 of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Y( Stra -•is G •wth Area Office City Attorney CA13613 VAvbgov_comVDFS I VApplicationsVCityLawProdAcycom32\WpdocsVDO I0AP025V00295296.doc 6/10/16 R-1 EXHIBIT A SUMMARY OF TERMS CITYVIEW TWO,L.L.C. 1. Scope of Proposed Project • Phase I: Two Structures /$44.4MM Developer Investment "Constitution 2" - 6-level mixed-use with 13,500 sq. ft. of office space and 64 apartment units "Constitution 4" - 8-levels of apartments with 138 units and a 7-level parking structure with 481 spaces • Phase II: One Structure / $5.0MM Developer Investment "Constitution 1" - 3-level commercial building with 24,000 square feet of office space • Phase III: One Structure /$12.6MM Developer Investment "Constitution 6"—multi-level mixed-use building consisting of a limited service hotel with 110-120 rooms and 4,000-5,000 sq. ft. of office, retail or restaurant space 2. Developer Obligations • Develop and construct entire Project • Total estimated private investment: $62MM • Maintain and operate structured parking • Structured parking to remain free and open to public, subject to reasonable rules and regulations established by Developer. • Construction of Project to comply with City Council's Small Business Enhancement Program. 3. Authority Obligations • Pay the Developer incentive payments (the incremental real estate taxes paid at the Project),to offset the additional costs associated with the structured parking, for up to 25 years or until the total amount paid equals $10.2 MM, whichever first occurs. • Payments commence after completion of"Constitution 2". • Authority has the right to terminate payments if(i) entire Project is not completed within 72 months of completion of"Constitution 2" or(ii) construction on the hotel is not commenced within 36 months of completion of"Constitution 2". 4. Thalia Greenway • Developer, or affiliate of Developer, will sell to the City an easement necessary for the construction of the Thalia Creek Greenway over the Project Area and portions of adjacent parcels to the west. • Purchase Price = $300,000. •� ' -mow a 4: 4' h. :x w ' ° 4''' 4t xre, A 1 htrr r." � x f � y ,sff tfI � �^4 P,Tt ',W sSvL�tvk ze ,3§§ il virg114Sescfi DISCLOSURE STATEMENT FOR 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 Chang 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 • 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether • they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT acorporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/ 1,41,-ti,' , '�,;.r=s ruset�t h.y utpriare,I n:- II,o...e�l�.s nIi1, to d�,y,' Page 1 of 4 i,�� �� , _�m I ,ion tr i -unrii nq htit peita,ns the appl�catwt, APPLICANT NOTIFIED OF HEARING D�':I NO CHANCES AS Of 115IE LI — REVISIONS SUBMIT TED )\', 174, IA 011/0 rgi i each 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) CityView Two, L.L.C. (SEE ATTACHMENT 1 ) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) (SEE ATTACHMENT 2) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. u rgtnta :each 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) o Accounting and/or preparer of Wall, Einhorn & Chernitzer, your tax return P.C. Q Architect/ Landscape Architect/ H&A Architects & Engineers, Land Planner Virgini Bearh Contract Purchaser(if other than E] the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors CX Ei Engineers /Surveyors AES Consulting Engineers 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. Virginia Beach Financing (include current 0 0 mortgage holders and lenders TowneBank selected or being considered to provide financing for acquisition or construction of the property) ® El Legal Services Williams Mullen, P.C. 1:1 ® 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 ® Elan 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? Ronald C. Ripley - Member of City of Virginia Beach Planning Cimmission and Workforce Housing Board 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 t-t N( f e tnl 0,6N) y I I% II kA APPLICANTS SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ATTACHMENT 1 CityView Two, L.L.C. Member Name&Address RONALD C.RIPLEY Ripley Heatwole Company,Inc. 808 Newtown Road Virginia Beach,VA 23462 F.SCOTT RIPLEY Ripley Heatwole Company,Inc. 808 Newtown Road Virginia Beach VA 23462 F.ANDREW HEATWOLE Ripley Heatwole Company,Inc. 808 Newtown Road Virginia Beach,VA 23462 CITY BOXES,LLC Dale Levine,Manager Scott Higgs,Manager 1844 N.Manton Drive Virginia Beach,VA 23454 Attachment 2 COMPANY Arbour Investors,L.L.C. RH Builders, Inc. Avondale, L.L.C. RH Two,L.L.C.(members of Lincoln Square GP BR ONE,L.L.C. RHCVB,L.L.C. Brook Ridge GP, L.L.C. RHS Urban, L.L.C. Brook Ridge II Developers,L.L.C. Ripley Heatwole Company, Inc. Brook Ridge II GP, L.L.C. SAR, L.L.C. Brook Ridge II, L.P. Semple Associates,L.L.C. Brook Ridge, L.P. Stonehouse Station GP, L.L.C. Brookridge Developers, L.L.C. Stonehouse Station , L.P. CCC I, L.L.C. Summerdale GP, L.L.C. Cedar Property,L.L.C. Summerdale,L.P. CGB Developers L.L.C. TL ONE, L.L.0 CGB GP,L.L.C, TW ONE,L.L.C. CGB,L.P. Tallwood, L.P. 111. COB II GP,L.L.C. Tallwood II G.P., L.L.C. CGB II, L.P. Tallwood II,L.P. Churchland Medical Developers Associates, L.L.C. Tallwood,G.P., L.L.C. CityView One,L.L.C. Tejo Associates, L.P. CityView Two, L.L.C. Tejo GP,L.L.C. Colonial Corporate Center Telcom Systems, L.L.C. Constitution Drive Developers,LLC Tidewater Cromwell Associates,L.P. Cromwell Investors Developer, LLC VB ONE GP, L.L.C. Cromwell Investors GP, LLC VB One L.P. Cromwell Investors, L.P. Victoria Place Developers,L.L.C. DR ONE,L.L.C. Victoria Place GP, L.L.C. DR Two,L.L.0 Victoria Place, L.P. Derby II, L.L.C. Virginia Financial Advisors,Inc. Derby Run Associates,L.P. VP ONE,L.L.C. Derby, Inc. Wesleyan Place GP, LLC • HC ONE Developers,LL.C. Wesleyan Place LP HC ONE GP, L.L.C. Westwinds Associates L.L.C. HC ONE, L.P. Westwinds Property, L.L.C. HH ONE,L.L.0 Holland House GP, L.L.C. Holland House,L.P. Kempes Village, L.L.C. Kernpes Village Two, L.L.C. Lincoln Square Developers,L.L.C. Lincoln Square GP, L.L.C. Lincoln Square, L.P. MC Apartments,L.L.C. Mill Creek Apartments, L.P. Mill Creek GP,L.L.C. Realty Concept Acquisitions,L.L.C. .. . ..sommormemmirmiorimamommermorimmimmerm h„.1 - I .. % ' \ \ \ t , '' . VP k t (______I -, t .'"`",., ..-.,---------------e'- \ \ . z . , \ ‘ \ t t ,„ , t\ , ..., \ t\ ..-- „, „ i \ \ 1‘,,,, \ \ ) ) ev ,, , \ , t _ // 0 \ --- ------ .- _. --___ f.:J k iio t \, , \ ,.. / i h crg......--- \ .. \ \ i 0 „------ - __,--- -„, _ --- „--- „---- ----- Is\ . . ce'° kip - / '' / f A /:' < /...t , , z „ E - V , i \ \ , 1 _.,---------- \ .,, ,„,1 ...-\ c \ , 'tt‘,4\, .' . / \ \ ' , I . , 1 N1 NOrtS11 . . . , . ..„ . . , 4-- ,D NOStill ' • ., ' 4,71) 0 E ''' ter eh . . •E‘ ; : I . . I ' i 1 I i C.) . c..., . , 6r `i 1 1 i NtA�,, 4\ r ; ,bar L7 -a-4 i :) 1 iF jI �ti.4v CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEMS: (1) An Ordinance to Modify the Boundary of the Hurd's Cove Neighborhood Dredging Special Service District and to Authorize the Refund of SSD Levies (2) An Ordinance to Modify the Boundary of the Chesopeian Colony Neighborhood Dredging Special Service District and to Authorize the Refund of SSD Levies MEETING DATE: June 21, 2016 • Background: In the FY 2011-12 Budget Process, the City Council adopted a policy for neighborhood dredging. The policy provides the purpose and the need underlying the establishment of various special service districts. Benefits expected through the establishment of a neighborhood dredging special service district include the preservation of navigable waterways, the enhancement and improvement of storm water capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. The City Council has approved seven individual special service districts (SSDs) based upon the referenced policy. After adoption of a SSD, the staff undertakes engineering and permitting activities that are a precondition to the dredging of the neighborhood channels. As part of these activities, the City staff has identified properties in Hurd's Cove and Chesopeian Colony that ought to be removed from the program. • Considerations: The state law authorizing SSDs is predicated upon the participating properties receiving enhanced or additional services. For the properties that the City is recommending for removal, the staff identified some barrier to the property receiving the enhanced or additional services such as engineering, permitting, legal, or related to wetlands mitigation. This item removes 16 properties from the Hurd's Cove SSD and 2 properties from the Chesopeian Colony SSD. In addition to removing the referenced properties, the attached ordinance would authorize the refund of the SSD levies collected from the properties and interest to be provided based upon the City's most recent general obligation bond sale. • Public Information: This item has been advertised for three successive weeks in the Beacon as is required by Virginia Code § 15.2-2402.1. Additionally, public information will be provided through the normal Council agenda process. • Recommendations: Approval of the two attached ordinances. • Attachments: Ordinances (2), Attachment A, Map (2), Attachment B, Property List (2) Recommended Action: Approval Submitting D- : . . - ? , gency: Public Works pJD City Manage } 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT AND TO AUTHORIZE THE REFUND 4 OF SSD LEVIES 5 6 WHEREAS, the City Council established the Hurd's Cove Special Service District 7 (the "SSD") by ordinance (ORD-3394), which was adopted January 20, 2015; and 8 9 WHEREAS, due to engineering, permitting, legal impediment, or wetlands 10 mitigation issues, the SSD requires modification to remove parcels from the SSD 11 because the parcels cannot be served by the enhanced services or facilities for which 12 the SSD was established; and 13 14 WHEREAS, the January 2016 general obligation bond sale the City's new money 15 bonds had a true interest cost of 2.438%; and 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the boundaries of the Hurd's Cove SSD are modified to reflect the map 21 attached hereto as "Attachment A," with a GPIN and Address list of the parcels to be 22 removed in "Attachment B." 23 24 2. That the parcels removed from the SSD are to be issued a refund from the 25 Capital Project established for such the SSD of levies collected for the SSD and such 26 refund shall include interest calculated using the nearest whole number interest rate as 27 the City's most recent general obligation bond sale with interest compounded annually. Adopted by the City 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. A 'ROVED AS TO CONTENT: APPROVED AS TO CONTENT: I . ...,, ,, All\ iii. P ' •• % 1 by_ - 4. k V% �i,'ty T :asurer's Iffice Public Wo ks APPROVED AS TO LEGAL SUFFICIENCY: J ity i •rney's Office CA13751 R-1 May 27, 2016 71111/4 11+ r - jilt/6f ' T\t.vtr,# '''IIIIINI(p Ak--1 ro 7 , 11,12, y 10 4,1# e e 1 4 0'411 444rAallit a 4111141.1 14\. 4 t ViliftriAli wa,Tip404;541figttlisA irl #.,41,4 r*/4 '-‘` Aft senSguip 1.e,,. 111 aft,,Acav aci... .40sy Allipk sql(4-•4 ------___ 4114 ILO Mrt tfa •---- di& , te : '40,11°Wer OA 10111431111"FArtak 100 tt s 'N 4 _ ---,. __..,' 0 • labirectiM_Aoi 0 ___---------, , 's--.. ; • )1‘ / # # -'-11-'": S 1211111111111A I tAi ‘II thf A 5"'‘ q/NillA 47k.\\--44111 sougi.*. gal 4. I 0 Irei,..-044444111111-4111141111(4144 IIIII lit._ r.--.---* f; • vir• N 41144.. v., * Nit MIL Allim--- 1* % itiSD, i'' 'tilhAr WI) 67 10/4‘ 411r 011111151111P * 2 alai ___ _____ ___ ,„ 7. , , _ ... .11,1 _.... . .._..... __,_ , --- --- ilk. '!"=-_____ -/Vii, .... V iv, iwtitlab'W/Tipiz mi'w--- jr lia ma IN =_._... / _______ ,/ . A W Legend '"111 II 11111111111111111 arilillk erib _EMU RE Aigillk Chesopeian_Colony_Channels Ai• 11111 . ..'" *.T11:41:1 11111:11:11 : --'°— ''-------- 4 - M Study Area Property LAIII MEM" illi 1 Property Lines /1.1_ 1.11 Buildings II II / . II I I 1 I I Y / / X•Trojects1ARC Files\Dredging\Western Branch Lynnhaven River\Neighborhood Dredging Maps\Chesopeian ColonykAttachment A Rev.5-25-16 lc n Claim Nd:.\ Chesopeian Colony Neighborhood Dredging 0 350 700 1,400 4pli;4:z;, SUPPORT Attachment A May 2016 I i,--- T Feet . :'..'4' ATTACHMENT B—HURDS COVE PROPERTIES TO BE REMOVED Number GPIN Address HC5 14982310680000 943 QUAIL RUN QUAY HC6 14982330110000 947 QUAIL RUN QUAY HC10 14982279200000 955 QUAIL RUN QUAY HC65 14983101780000 3083 BRAY RD HC67 14981281920000 954 HURDS RD HC71 14980075460000 3200 QUEENSBURY DR HC72 14980065280000 3204 QUEENSBURY DR HC73 14980067350000 3208 QUEENSBURY DR HC74 14980047570000 3212 QUEENSBURY DR HC75 14980037380000 3216 QUEENSBURY DR HC76 14980028320000 3220 QUEENSBURY DR HC87 14972913540000 3024 WATERGATE LN HC88 14972923940000 3020 WATERGATE LN HC89 14972943130000 3016 WATERGATE LN HC90 14972942950000 3012 WATERGATE LN HC91 14972964670000 3009 BRAY RD 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 CHESOPEIAN COLONY NEIGHBORHOOD DREDGING 3 SPECIAL SERVICE DISTRICT AND TO AUTHORIZE THE 4 REFUND OF SSD LEVIES 5 6 WHEREAS, the City Council established the Chesopeian Colony Special Service 7 District (the "SSD") by ordinance (ORD-3300), which was adopted August 13, 2013; and 8 9 WHEREAS, due to engineering, permitting, legal impediment, or wetlands 10 mitigation issues, the SSD requires modification to remove parcels from the SSD 11 because the parcels cannot be served by the enhanced services or facilities for which 12 the SSD was established; and 13 14 WHEREAS, the January 2016 general obligation bond sale the City's new money 15 bonds had a true interest cost of 2.438%; and 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the boundaries of the Chesopeian Colony SSD are modified to reflect the 21 map attached hereto as "Attachment A," with a GPIN and Address list of the parcels to 22 be removed in "Attachment B." 23 24 2. That the parcels removed from the SSD are to be issued a refund from the 25 Capital Project established for such the SSD of levies collected for the SSD and such 26 refund shall include interest calculated using the nearest whole number interest rate as 27 the City's most recent general obligation bond sale with interest compounded annually. Adopted by the City 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. A•PROVED AS TO CONTENT: APPROVED AS TO CONTENT: K44.:op ,JbOtAl ' 1 ilyTr,asurer's Sffice Public W iks APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13752 R-1 May 27, 2016 \ \ W4E S " I0SG 1i . t, \ �- � Adis L 6 a " "Ofelki. 6 .,„_ , . , - - e OfAlig gdO \E-*-7 \ iR♦ G *4* \40 0 die * 0 4/,.. \ 7 V \ * **op o C) A ��� �,e •sip \ illi \ 411111 lik 051 t,oroco,.40,- . pii \ 1 9r�•psi % ®it.•• .: , IM \11/4 , tet• -iitv . /re co er41 al i, t . 12/S%Ot--- 01 ------ 401 CO 0 \v .li_ t____ 111141 %so., 4 , t L•livo 0 t ,t4:0 iric \ ),<*lerisi Nik\''a 0 i '‘'\ 1111111,1, * /.4,V47" AI** Illialt:Cord:r 4) way" A im , /` cmc - 411111%tat",.vew ® S 4 *-- tow BGBS1 R-- .\\ pu'MBY G • °eV - A 4_B_ bt 11it *" Legend Main Channel ; *4zrhi, ,♦ ER+tt_, .® �•aE p, `ot-NeighborhoodFundedSpur � '',, , ,,,, I Removed Channels ittr4tr* MO* fid**RV ,,•1• 14,dy Area ProperTy � , ' ,operty Lines - '1,,,Buildings a�. ®'," it 5,, .V ' City Property ®,/`\Fy`• /� '.. / ° AWP p Hurds Cove Neighborhood Dredging May 2016 g)mg -sFeet "Attachment A" ATTACHMENT B—CHESOPEIAN COLONY SSD-PROPERTIES TO BE REMOVED Number GPIN Address C114 1497-56-6596-0000 2705 CHESTER FORESTER CT C80 1497-58-3127-0000 520 CHESOPEIAN TR ,,,z-17:0747;;-, Fy l 410 r'1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Execution of Use Agreements between the City and Individual Property Owners Permitting Use of the City-Owned Thalia Transfer Facility for Private Dredging Projects MEETING DATE: June 21, 2016 • Background: Public Works Engineering/Water Resources is requesting approval of a standardized use agreement ("Use Agreement") between individual property owners and the City of Virginia Beach that will allow those owning property along the waterway adjacent to the Thalia Transfer Facility ("Users") to utilize the facility, under the terms and conditions of the Use Agreement, to transfer dredged material from the waterway. Users will be required to obtain permits to dredge the waterway and hire a contractor to manage and accomplish individual dredging projects. • Considerations: Neither the Users nor their contractors possess adequate options to accomplish the transfer of dredged materials from waterborne containers to dump trucks to be hauled to a disposal site. Adopting this Ordinance and Use Agreement format will provide property owners with a viable method to transfer dredged material from private navigational dredging. • Public Information: Agenda notification process • Alternatives: Approve ordinance, deny ordinance, revise terms of ordinance • Attachments: Ordinance w/Exhibit A (Sample Use Agreement) Summary of Terms Location Map Recommended Action: Approval of the ordinance Submitting Dep , -e i A • -ncy: Public Works ,mi City Manager: h. L.,241 1 AN ORDINANCE AUTHORIZING THE 2 EXECUTION OF USE AGREEMENTS 3 BETWEEN THE CITY AND INDIVIDUAL 4 PROPERTY OWNERS PERMITTING USE OF 5 THE CITY-OWNED THALIA TRANSFER 6 FACILITY FOR PRIVATE DREDGING 7 PROJECTS 8 9 WHEREAS, numerous waterfront property owners in the City of Virginia 10 Beach ("Owners") have expressed interest in hiring private contractors to dredge the 11 waterway adjacent to their properties for the purpose of improving navigation and 12 ecological conditions within such waterway (the "Waterway"); 13 14 WHEREAS, Owners and their proposed contractors do not possess 15 adequate options to transfer the dredged material from the Waterway onto trucks in 16 order to accomplish proper disposal; 17 18 WHEREAS, the City owns a dredged material transfer facility known as 19 Thalia Transfer Facility, located at the southern terminus of the Western Branch 20 Lynnhaven River Channel near Virginia Beach Boulevard; 21 22 WHEREAS, Owners have requested permission to use Thalia Transfer 23 Facility to aid in the dredged material disposal process; and 24 25 WHEREAS, in the opinion of the Council of the City of Virginia Beach, 26 allowing Owners to use the Thalia Transfer Facility for transfer of the dredged materials 27 will be beneficial for the preservation of the safety, health, peace, good order, comfort, 28 convenience, and welfare of the people of the City of Virginia Beach. 29 30 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council authorizes the City Manager or his designee to 34 execute a Facility Use Agreement for use of the Thalia Transfer Facility, between the 35 City and any such property owner holding a valid permit to conduct dredging of the 36 Waterway, in accordance with the Summary of Terms attached hereto as Exhibit A and 37 made a part hereof, and such other terms, conditions or modifications as may be 38 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 1 39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 40 day of , 20 CA13192 \\vbgov.com\DFS 1 W p p l i cation s\C ityLawP rod\cycom32\W pdocs\D019\P019\00173389.doc R-1 June 10, 2016 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ±° 40 Publicrks City Attorney 2 EXHIBIT A THALIA TRANSFER FACILITY USE AGREEMENT THIS AGREEMENT, made and entered into as this day of , 20 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as the "City" and , hereinafter referred to as the "User"; WHEREAS, the User is a property owner who owns property along a waterway within the City of Virginia Beach located at [or attach a map/plat], which is in need of dredging to improve or restore navigability (the "Waterway"); WHEREAS, the User has applied for permits to dredge the Waterway and has hired (the "Contractor") to manage and accomplish said dredging; WHEREAS, the User and the Contractor do not possess adequate options to accomplish the transfer of dredged materials from waterborne vessels to dump trucks to be hauled to a disposal site; WHEREAS, the City is owner of Thalia Transfer Station, a dredged material transfer facility located at the southern terminus of the Western Branch Lynnhaven River channel near Virginia Beach Boulevard(the"Transfer Facility"); WHEREAS, pursuant to ORD # , City Council has authorized the use of the Transfer Facility for transfer of dredged material from projects such as this, subject to the execution of a Use Agreement in this format; and WHEREAS, upon receipt of all necessary permits, the Transfer Facility will be suitable for the transfer of dredged material. NOW, THEREFORE, that for and in consideration of the mutual and public benefits derived from the dredging of the navigable waterways, the City does hereby grant to the User the non-exclusive right and privilege to enter, occupy and use the Transfer Facility in accordance with the attached plan entitled "[EACH USER WILL BE REQUIRED TO SUBMIT A PLAN FOR APPROVAL — insert plan name here J, " which plan is incorporated into this Agreement and made a part hereof pursuant to the following terms and conditions: 1. Costs of Improvements: Any and all improvements to the Transfer Facility necessary to accomplish the dredging shall be made by the User at no cost to the City and shall become the property of the City. User shall not make any modifications or improvements to the Transfer Facility without express written permission from the City. 2. Erosion and Sediment Bond: To warrant the User and the Contractor's performance in the transfer of materials at the Transfer Facility, in accordance with all federal, state and local laws, an Erosion and Sediment bond in the amount of [$XXXX] will be purchased by the Contractor and will remain in full force and effect until the termination of this Agreement. 3. Design Requirements: All improvements to the Transfer Facility and plans for its use shall be designed by a qualified professional engineer and be in compliance with all applicable federal, state and local development standards and policies. All plans and improvements shall be reviewed and approved by the City in its sole discretion, prior to commencement of construction activities. 4. Hazardous Materials: The User, its successors, assigns and guarantors, agree to indemnify, defend, reimburse and hold harmless the City, its officers, employees, agents, successors, assigns and invitees of such persons, from and against any and all environmental 2 damages, claims or demands arising from the discharge of Hazardous Materials (defined below) by the User and/or the Contractor, or either party's agents or assigns at the Transfer Facility and/ or into the Waterway adjacent to the Transfer Facility or elsewhere. This obligation shall include, but not be limited to, the burden and expense of defending all claims, suits and administrative proceedings (with counsel reasonably approved by the City), even if such claims, suits or proceedings are groundless, false or fraudulent, and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. The City, at its sole expense may employ additional counsel of its choice to associate with counsel, at the User's expense, representing the User and/or the Contractor. Any costs associated with violations of the law including, but not limited to, remediations, clean-up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the User or the Contractor, consultants, subconsultants, or any other persons, corporations or legal entities retained by the User for this contract, shall be paid by the User. The obligations of the User under this title shall survive the expiration or termination of this Agreement. The phrase "Hazardous Materials" as used herein means any substance: (i) the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or (ii) which is or becomes defined as a "hazardous waste", "hazardous substance", pollutant or contaminant under any federal, state or local statute, regulation, rule or 3 ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601 et seq.) and/or the Resource Conservation and Recovery Act(42 U.S.C. section 6901 et seq.); or (iii) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutative, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the Commonwealth of Virginia or any political subdivision thereof; or (iv) the presence of which at the Transfer Facility and / or in the Waterway causes or threatens to cause a nuisance upon the Transfer Facility and / or Waterway or to adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Transfer Facility or Waterway; or (v) the presence of which on adjacent properties could constitute a trespass by the User; or (vi) without limitation which contains gasoline, diesel fuel or other petroleum hydrocarbons; or (vii) without limitation which contains polychlorinated biphenyls (PCBs), asbestos or urea formaldehyde foam insulation; or (viii) without limitation which contains radon gas. 5. Permit Disclaimer: This Agreement shall not be construed as approval of any ancillary dredging permit applications by federal, state or local authorities, including the City of Virginia Beach. Until the User obtains the permits necessary under applicable law to proceed with the dredging of the Waterway and the hauling of dredged material on public roadways, and provides copies of such permits to the City, this Agreement shall be invalid and of no effect. 4 6. Scheduling and Information Requirements: The Transfer Facility is utilized by the City for dredge material transfer operations related to public projects and as a public canoe/kayak launch. The User hereby agrees to coordinate the commencement of dredging and disposal operations for this project with the City and any group or organization utilizing the canoe/kayak launch. The User shall provide a complete schedule of dredging and disposal activities to the City at least two (2) weeks prior to commencement of dredging and disposal operations ("Notice"). In the event that the City and/or a City contractor is using or scheduled to use the Transfer Facility; the City, at its sole discretion may deny the User access to the Transfer Facility until such a time that the City dredge material transfer operations are complete. This requirement does not obviate other reporting requirements outlined in any permit obtained by the User. 7. Pre-Construction Meeting: Prior to commencement of dredging and disposal operations, the User will schedule a Pre-Construction meeting at the Transfer Facility with the City's Public Works Engineering — Water Resources Department. At this time, the City will issue Special Conditions specific to the project, which will depend upon the site conditions at the time of commencement of the project. The User agrees to conduct all transfer and disposal activities in conformance to these requirements. 8. Use Limitations: Use of the Transfer Facility by the User is hereby limited to the transfer of not more than cubic yards of dredged material as measured within the channel/canal of the Waterway to restore navigable water depths to the Waterway. In order to achieve this, the User (or at the User's direction, the Contractor) must: i. Perform Pre- and Post-Dredge surveys of the waterway to ascertain the volume of material dredged; 5 ii. Perform Pre- and Post-Dredge surveys adjacent to the Transfer Facility to ascertain that no material has been spilled within the area and that the required minimum depth is maintained; iii. The User and/or the Contractor will pay the City the sum of $_[ ] per cubic yard of material over the specified transfer limit if the final survey determines that the limit has been exceeded. The requirements in sections (i) and (ii) above shall be met to the satisfaction of the City in its sole discretion. The use of the Transfer Facility by the User is hereby limited to duration of no longer than _ calendar days. The User agrees to limit dredge material transfer operations to daylight hours only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, unless written approval is granted from the City at least forty eight (48) hours in advance. Trucks and other construction vehicles shall not utilize Thalia Road to access the site during school bus arrival and departure times for Thalia Elementary School, typically 7:35 a.m. to 8:05 a.m. (morning arrival); 11:00 a.m. to 11:30 a.m. (morning kindergarten dismissal and afternoon kindergarten arrival) and 2:15 p.m. to 2:45 p.m. (afternoon dismissal) on days when school is in session. The User shall limit dredge material transfer operations to accommodate special testing days at Thalia Elementary School. The school schedule occasionally changes. The User shall accommodate such changes as may occur. The Virginia Beach Public Schools calendar is available at http://www.vbschools.com/calendar/index.asp, adjusted dismissal information is available at http://www.vbschools.com/schools/hours.asp, and the Thalia Elementary School website is at http://www.thaliaes.vbschools.com/. 6 The User further agrees that trucks leaving the site shall be no more frequent than one every fifteen (15) minutes, on average. A maximum of three (3) hauling trucks will be allowed on the Transfer Facility access road. The Contractor is required to utilize flagmen at the intersection of Thalia Road and the Transfer Facility access road to protect vehicular and pedestrian traffic and ensure safety on Thalia Road. The Contractor must coordinate with City staff to ensure the proper signage is posted during transfer operations, as directed by the City. The Contractor may have no more than two loaded barges moored at the Transfer Facility pier at the same time. 9. Site Condition at Completion: The User hereby agrees to maintain the Transfer Facility in accordance with the applicable requirements of the City and Commonwealth of Virginia with respect to erosion and sedimentation control. The User also agrees to repair any damage to the Transfer Facility site at the User's expense including, but not limited to, pavement, concrete barriers, drainage facilities, landscaping, floating piers, and gangways. 10. Site Attendant: The User hereby agrees to provide a site attendant, with work experience in dredging operations acceptable to the City in its sole discretion, on-site at the Transfer Facility at all times during dredged material transfer operations under the terms of this Agreement. The attendant shall keep close and careful watch over the Transfer Facility to detect defects in erosion and sedimentation control measures and provide security surveillance. At all times, the attendant shall be in radio contact with representatives of the Contractor to alert the Contractor of serious conditions which require assistance to control or discontinuance of dredging operations. 11. Misplaced Material: The User shall take all precautions that, in the opinion of the City are necessary; to prevent the misplacement or escape of dredged material from the Transfer 7 Facility site. Stockpiling of materials will not be permitted. In the event that defects in erosion and sedimentation control measures are detected, the Contractor will be required to discontinue dredged material transfer operations until such defects are remedied and the misplaced material recovered at the sole expense of the User, to the satisfaction of the City. The Contractor shall take all necessary measures to prevent dropping materials on public roadways. All dredged materials must be off-loaded directly from scow barge to trucks and transported directly to the disposal site. All trucks leaving the site shall be watertight and covered, and shall be loaded within legal load capacities. The User will ensure that Thalia Road and the Transfer Facility access road remain free from dredged material and other construction related debris to the satisfaction of the City, and as required to comply with all applicable federal, state, and local permits and regulations. During dredging activities, Thalia Road and the Transfer Facility access road will be cleaned at the end of each work day by utilizing broom tractors or other measures. 12. Transfer of Rights and Privileges: It is expressly agreed that the rights and privileges granted in this Agreement are not transferable. 13. Termination: The rights and privileges granted in this Agreement shall expire on or before . The City may, at its option and upon written notice to the User, suspend or revoke this Agreement as the result of the User's failure to comply with any of the terms and conditions described herein. The User may terminate this Agreement by written notice to the City of completion of work or upon abandonment of the dredging project. Within thirty (30) days of termination by either party or upon expiration, the City shall make a final inspection of the site to determine compliance with the terms and conditions contained herein. 8 Any defects discovered by said final inspection shall be reported to the User in writing and shall be corrected prior to the release of the Erosion and Sediment Bond. 14. Contractor's Responsibilities: The User acknowledges and agrees that the Contractor is the agent of the User and any act or omission by the Contractor in the performance of any obligation under this Agreement shall be deemed a breach by the User and the User shall bear sole responsibility for any acts or omission of the Contractor with respect to this Agreement. 15. Requirements For Agreement With Contractor: The User agrees that its agreement with the Contractor will be in writing and will contain (i) a provision requiring the Contractor to be bound by all provisions of this Agreement, and (ii) a provision making the City a third party beneficiary to User's agreement with the Contractor. Failure to include either provision, each satisfactory to the City in its sole discretion, shall be deemed a breach and default under this Agreement. User shall provide a copy of such contract to the City prior to the commencement of work. 16. Applicable Law: This Agreement shall be governed as to all matters whether of validity, interpretation, obligation, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been accepted by the parties in the Commonwealth of Virginia. 17. Compliance With All Laws: The User and Contractor shall comply with all federal, state and local statutes, ordinances and regulations now in effect or hereafter adopted, in the performance of the works set forth herein. The User represents that it or any contractor performing work as a part of this project possesses all necessary licenses and permits required to 9 conduct its business and will acquire any additional licenses and permits necessary to performance of this Agreement prior to initiation of work. The User further represents that [User/Contractor] is a [corporation/limited liability company/partnership] organized under the laws of the Commonwealth of Virginia and will remain so organized throughout the term of this Agreement. The User shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the work described herein. 18. Nondiscrimination: Employment discrimination by the Contractor shall be prohibited. The User agrees it will, during the performance of this Agreement, require the Contractor to follow the following provisions: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that the Contractor is an equal opportunity employer. 10 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. 4. Contractor will include the provisions of the foregoing Sections 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 19. Drug-Free Workplace: The User agrees it will, during the performance of this Agreement, require the Contractor to follow the following provisions: 1. The Contractor will provide a drug-free workplace for the Contractor's employees. 2. The Contractor will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3. The Contractor will state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug- free workplace. 4. The Contractor will include the provisions of the foregoing Sections 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 11 20. Venue: Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach, Virginia or the Unites States District Court for the Eastern District of Virginia, Norfolk Division. 21. Hold Harmless: It is understood and agreed that the User hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the User, its contractor, agents, or employees under or in connection with this Agreement or the performance or failure to perform any work allowed by this Agreement. The User shall save harmless and indemnify the City and its agents, volunteers, servants, employees and officers from and against any and all claims, losses or expenses, including but not limited to attorney's fees, which either or both of them may suffer, pay or incur as the result of claims or suits due to, arising out of or in connection with any and all such damage, real or alleged, and the User shall, upon written demand by the City assume and defend at the User's sole expense any and all such suits or defense of claims. 22. Modification: There may be no modification of this Agreement, except in writing, executed by the City Manager, or his designee, and the User. 23. Notices: All notices, requests, demands, and other communications required or permitted to be given under the terms of this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage-prepaid), registered, or certified mail as follows: If to the City: City Manager Municipal Center Virginia Beach, Virginia 23456 12 If to • Either party may change the address to which such communication are to be directed by giving written notice to the other party in the manner provided herein. Any notice, request, demand or other communication made pursuant to this Agreement shall be deemed to have been received by the addressee at such time as it is personally delivered or on the third business day after it is mailed, as the case may be. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: [Name of Entity] By: Title: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , of , whose name is signed to the foregoing writing, bearing dated on the day of , 20 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 20 Notary Public My commission expires: My registration number: 13 CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of City Manager ATTEST: Ruth Hodges Fraser, City Clerk APPROVED AS TO APPROVED AS TO CONTENT: LEGAL SUFFICIENCY: WdrCit AttorneyPublicks STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , of , whose name is signed to the foregoing writing, bearing dated on the day of , 20 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 20 . Notary Public My commission expires: My registration number: 14 SUMMARY OF TERMS USE AGREEMENTS FOR THALIA TRANSFER FACILITY PARTIES: City of Virginia Beach and Individual Property Owners ("User") PREMISES: Thalia Transfer Facility TERM: To be determined, based on User applications RIGHTS AND RESPONSIBILITIES OF THE USER: • Hire a contractor ("Contractor") to develop and manage the dredging and removal process (the "Project"), and submit a copy of the contract and Project plans for City approval. Agreement between User and Contractor must bind Contractor to all of the provisions of the User Agreement, as applicable. City to be third party beneficiary to Agreement and Contractor's insurance. • Use the Premises for transfer of dredged materials from waterborne vessels to dump trucks to be hauled to a disposal site, and for no other purpose. • Obtain all necessary permits and provide copies to the City. • Contractor will be required to purchase an Erosion and Sediment bond in an amount to be determined by City staff. • Attend a Pre-construction meeting at the Premises with Public Works Engineering —Water Resources staff prior to commencement of the Project. • Coordinate Project schedule with City staff, and provide a final schedule of dredging and disposal activities at least 2 weeks prior to commencement of activity. • Limit operations to daylight hours only between the hours of 7:00 a.m. — 6 p.m., Monday — Friday. May not use Thalia Road during school bus arrival and departure times. • Maintain Premises during use and restore site to its prior condition upon completion of the Project. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Review plans, approve Contractor, set Erosion and Sediment bond amount, provide guidelines to User and Contractor, ensure compliance with the User Agreement. • Within 30 days of expiration or termination of the Agreement, inspect the Premises and require correction of any defects prior to release of the Erosion & Sediment Bond. • City has priority of use for the Premises, and may deny or postpone scheduled use, at its sole discretion. TERMINATION: City may revoke the User Agreement at any time upon written notice to the User, if the User fails to comply with any of the terms and conditions of the User Agreement. peo8 etie41 "nuil"o......." , H n , TF kit. ,, * i C w �^ � Z a : :E 73 ,. ,:,-*74,„..0 si $ 4.4` 0 w ■ , p H *Y i, =. < '.* a`l p x 0 , LU 0 40 `` 0 I 45 E L L i i \\ I r NIAc1 III ,-. ,„ 4X to L9 =j c�" a CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 21, 2016 • Background: City Charter § 3.05 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. All of the appointees were Virginia Retirement System ("VRS") members prior to July 1, 2010. State law mandates that the City require City employees who became VRS members prior to July 1, 2010, to make member contributions in an amount equal to five percent of their VRS total creditable compensation, and it requires the City to increase those employees' VRS total creditable compensation by the same percentage. The law allows the City to phase in the changes over a five-year period, and City Council required those employees in 2012 to make member contributions equal to one percent of their VRS total creditable compensation and also provided an increase to that compensation for each employee in the same amount. The one percent annual phasing in continued in 2013, 2014, and 2015, and this year, effective July 1, 2016, those employees will be required to contribute an additional one percent (for a total of five percent) of their VRS total compensation, and the employees will also receive the additional one percent increase mandated by state law. The budget ordinances adopted by City Council in May 2016 also provide, for all full- time employees, salary increases of 1.34%, effective with the pay period that includes July 1, 2016, and a 1% merit increase effective with the pay period that includes December 1, 2016. • Considerations: The attached ordinances make no changes to the appointees' salaries other than those required by the state law regarding VRS member contributions and the 1.34% salary increase and 1% merit increase that City Council previously approved for all full-time City employees. The amounts of insurance premiums paid on behalf of the City Manager will increase based on annual changes to the premiums. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Five ordinances Requested by City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, in 2013, 2014, and 2105, City Council adopted similar ordinances, 16 requiring City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to an additional one percent of their VRS total 18 creditable compensation each of those three years and to increase those employees' 19 VRS total creditable compensation each year by an additional one percent; and 20 21 WHEREAS, in May 2016, City Council adopted the final VRS contribution 22 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 23 employees who became VRS members prior to July 1, 2010, to make member 24 contributions in an amount equal to five percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 29 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 30 merit increase effective with pay period that includes December 1, 2016; and 31 32 WHEREAS, the VRS total creditable compensation for the City Manager includes 33 his salary as well as the value of the City's contributions to his deferred compensation 34 plan and, as set forth in his employment contract, the City-paid premiums for his family 35 medical and dental insurance and long-term care insurance. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the current base annual salary of the City Manager is $250,000; his 41 car allowance is and shall remain at $12,000 annually; the City's contribution to his 42 deferred compensation plan is and shall remain at $10,000 annually; and, in 43 accordance with his employment contract, the City shall continue to pay the total 44 premium for his family health and dental insurance, and the City shall also pay the full 45 premium for the City Manager's long term care insurance. 46 47 2. That, beginning July 1, 2016, as required by state law and in accordance 48 with budget ordinances adopted by City Council in May 2016, the City Manager shall 49 pay, on a salary-reduction basis, VRS member contributions in an amount equal to five 50 percent of his VRS total creditable compensation, and his base salary as set forth in 51 paragraph 1 shall be increased effective with the pay period that includes July 1, 2016, 52 in an amount equal to one percent of his VRS total creditable compensation. 53 54 3. Along with all other full-time City employees, the City Manager shall also 55 receive a salary increase of 1.34%, effective with the pay period that includes July 1, 56 2016, and a 1% merit increase, effective with the pay period that includes December 1, 57 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O e CA13760 R-1 May 31, 2016 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTORNEY 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, in 2013, 2014, and 2105, City Council adopted similar ordinances, 17 requiring City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to an additional one percent of their VRS total 19 creditable compensation each of those three years and to increase those employees' 20 VRS total creditable compensation each year by an additional one percent; and 21 22 WHEREAS, in May 2016, City Council adopted the final VRS contribution 23 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 24 employees who became VRS members prior to July 1, 2010, to make member 25 contributions in an amount equal to five percent of their VRS total creditable 26 compensation; and (2) to increase those employees' VRS total creditable compensation 27 by an additional one percent; and 28 29 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 30 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 31 merit increase effective with pay period that includes December 1, 2016; and 32 33 WHEREAS, the VRS total creditable compensation for the City Attorney includes 34 his salary as well as the value of the City's contributions to his deferred compensation 35 plan. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the current base annual salary of the City Attorney is $211,475.76, 41 the City's contribution to his deferred compensation plan is and shall remain at $10,000 42 annually, and his car allowance shall be $10,000 annually. 43 44 2. That, beginning July 1, 2016, as required by state law and in accordance 45 with budget ordinances adopted by City Council in May 2016, the City Attorney shall 46 pay, on a salary-reduction basis, VRS member contributions in an amount equal to five 47 percent of his VRS total creditable compensation, and his base salary as set forth in 48 paragraph 1 shall be increased effective with the pay period that includes July 1, 2016, 49 in an amount equal to one percent of his VRS total creditable compensation. 50 51 3. Along with all other full-time City employees, the City Attorney shall also 52 receive a salary increase of 1.34%, effective with the pay period that includes July 1, 53 2016, and a 1% merit increase, effective with the pay period that includes December 1, 54 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic:O CA13759 R-1 May 31, 2016 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, in 2013, 2014, and 2105, City Council adopted similar ordinances, 16 requiring City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to an additional one percent of their VRS total 18 creditable compensation each of those three years and to increase those employees' 19 VRS total creditable compensation each year by an additional one percent; and 20 21 WHEREAS, in May 2016, City Council adopted the final VRS contribution 22 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 23 employees who became VRS members prior to July 1, 2010, to make member 24 contributions in an amount equal to five percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 29 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 30 merit increase effective with pay period that includes December 1, 2016; and 31 32 WHEREAS, the VRS total creditable compensation for the City Clerk consists of 33 only her salary. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the current base annual salary of the City Clerk is $118,970.40, and 39 her car allowance is and shall remain at $10,000 annually. 40 41 2. That, beginning July 1, 2016, as required by state law and in accordance 42 with budget ordinances adopted by City Council in May 2016, the City Clerk shall pay, 43 on a salary-reduction basis, VRS member contributions in an amount equal to four 44 percent of her VRS total creditable compensation, and her base salary as set forth in 45 paragraph 1 shall be increased effective with the pay period that includes July 1, 2016, 46 in an amount equal to one percent of her VRS total creditable compensation. 47 48 3. Along with all other full-time City employees, the City Clerk shall also 49 receive a salary increase of 1.34%, effective with the pay period that includes July 1, 50 2016, and a 1% merit increase, effective with the pay period that includes December 1, 51 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: , City Attorney's Offic CA13757 R-1 May 31, 2016 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, in 2013, 2014, and 2105, City Council adopted similar ordinances, 17 requiring City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to an additional one percent of their VRS total 19 creditable compensation each of those three years and to increase those employees' 20 VRS total creditable compensation each year by an additional one percent; and 21 22 WHEREAS, in May 2016, City Council adopted the final VRS contribution 23 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 24 employees who became VRS members prior to July 1, 2010, to make member 25 contributions in an amount equal to five percent of their VRS total creditable 26 compensation; and (2) to increase those employees' VRS total creditable compensation 27 by an additional one percent; and 28 29 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 30 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 31 merit increase effective with pay period that includes December 1, 2016; and 32 33 WHEREAS, the VRS total creditable compensation for the City Real Estate 34 Assessor includes his salary as well as the value of the City's contributions to his 35 deferred compensation plan. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the current base annual salary of the City Real Estate Assessor is 41 $137,955.36, and the City's contribution to his deferred compensation plan is and shall 42 remain at $4,000 annually. 43 44 2. That, beginning July 1, 2016, as required by state law and in accordance 45 with budget ordinances adopted by City Council in May 2016, the City Real Estate 46 Assessor shall pay, on a salary-reduction basis, VRS member contributions in an 47 amount equal to four percent of his VRS total creditable compensation, and his base 48 salary as set forth in paragraph 1 shall be increased effective with the pay period that 49 includes July 1, 2016, in an amount equal to one percent of his VRS total creditable 50 compensation. 51 52 3. Along with all other full-time City employees, the City Real Estate 53 Assessor shall also receive a salary increase of 1.34%, effective with the pay period 54 that includes July 1, 2016, and a 1% merit increase, effective with the pay period that 55 includes December 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA13756 R-1 May 31, 2016 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, in 2013, 2014, and 2105, City Council adopted similar ordinances, 17 requiring City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to an additional one percent of their VRS total 19 creditable compensation each of those three years and to increase those employees' 20 VRS total creditable compensation each year by an additional one percent; and 21 22 WHEREAS, in May 2016, City Council adopted the final VRS contribution 23 ordinance, effective with the pay period that includes July 1, 2016, (1) to require City 24 employees who became VRS members prior to July 1, 2010, to make member 25 contributions in an amount equal to five percent of their VRS total creditable 26 compensation; and (2) to increase those employees' VRS total creditable compensation 27 by an additional one percent; and 28 29 WHEREAS, the 2016 ordinance also provides, for all full-time employees, salary 30 increases of 1.34% effective with the pay period that includes July 1, 2016, and a 1% 31 merit increase effective with pay period that includes December 1, 2016; and 32 33 WHEREAS, the VRS total creditable compensation for the City Auditor consists 34 of only his salary. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 1. That the current base annual salary of the City Auditor is $117,675.01, 40 and his car allowance is and shall remain at $6,000 annually. 41 42 2. That, beginning July 1, 2016, as required by state law and in accordance 43 with budget ordinances adopted by City Council in May 2015, the City Auditor shall pay, 44 on a salary-reduction basis, VRS member contributions in an amount equal to five 45 percent of his VRS total creditable compensation, and his base salary as set forth in 46 paragraph 1 shall be increased effective with the pay period that includes July 1, 2016, 47 in an amount equal to one percent of his VRS total creditable compensation. 48 49 3. Along with all other full-time City employees, the City Auditor shall also 50 receive a salary increase of 1.34%, effective with the pay period that includes July 1, 51 2016, and a 1% merit increase, effective with the pay period that includes December 1, 52 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: d A4 ;,4 , City Attorney's Offi CA13758 R-1 May 31, 2016 �JI �BFq't.t rE Cy' r,y "4 �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2016, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 21, 2016 ■ Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. • Considerations: Because the terms of the current viewers expire on June 30, 2016, it is necessary to appoint viewers for one-year terms beginning July 1, 2016. • Public Information: This ordinance will be advertised as a routine agenda item. in Attachments: Ordinance Recommended Action: Approval Submitting Departm- • • gency: Department of Plannirl*--"% City Manager: 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2016, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2016 and ending June 30, 2017. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2016 and ending June 30, 2017, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. 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: A, / orgl://A dervr:A.A _A.A - Department .f 'tanning City Attorney's Offi CA13755 R-1 May 27, 2016 [ '''' c Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Hampton Roads Congressional Delegation Work to Support the Norfolk International Airport's Efforts to Build a Parallel Runway MEETING DATE: June 21, 2016 • Background: The Norfolk International Airport serves much of Eastern Virginia, but its Crosswind Runway 14/32 does not meet FAA design standards. The Norfolk International Airport has been pursuing support from the Federal Aviation Administration (FAA) to build an additional runway parallel to the main runway because the current airfield configuration limits operational efficiency and flexibility, poses operational safety challenges, and conflicts with the air space of two critical U.S. Naval Air Stations. Air transport service is a primary limiter for increased economic development for the entire Hampton Roads Region. Unfortunately, the FAA has made the decision to suspend the work on the Environmental Impact Statement (EIS) for this proposed parallel runway. Such a parallel runway would provide increased capacity and allow operational flexibility when the main runway is closed for maintenance, so it is vital that the FAA reconsider its action to suspend the EIS process. • Considerations: The attached resolution seeks the assistance of the Hampton Roads Congressional Delegation to undertake all actions within their powers to have the FAA reconsider its actions on suspending the EIS Process for the proposed parallel runway. Such efforts by the Congressional Delegation will assist in improving the operational efficiency and safety of the Norfolk International Airport, which serves all of Hampton Roads, and will make Hampton Roads more competitive in the international marketplace for business and leisure travel. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Mayor Sessoms and Vice Mayor Jones Requested by Mayor Sessoms and Vice Mayor Jones 1 A RESOLUTION REQUESTING THE HAMPTON 2 ROADS CONGRESSIONAL DELEGATION WORK 3 TO SUPPORT THE NORFOLK INTERNATIONAL 4 AIRPORT'S EFFORTS TO BUILD A PARALLEL 5 RUNWAY 6 7 WHEREAS, the Norfolk International Airport serves much of Eastern Virginia but 8 its Crosswind Runway 14/32 does not meet FAA design standards; and 9 10 WHEREAS, the current airfield configuration limits operational efficiency and 11 flexibility as well as poses operational safety challenges, and conflicts with the air space 12 of two critical U.S. Naval Air Stations; and 13 14 WHEREAS, air transport service is a primary limiter for increased economic 15 development for the entire Hampton Roads Region; and 16 17 WHEREAS, the Norfolk International Airport has been pursuing support from the 18 Federal Aviation Administration (FAA) to build an additional runway parallel to the main 19 runway; and 20 21 WHEREAS, the proposed parallel runway would provide increased capacity and 22 allow operational flexibility when the main runway is closed for maintenance; and 23 24 WHEREAS, the FAA nevertheless has decided to suspend work on the required 25 Environmental Impact Statement for this proposed parallel runway. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA, THAT: 29 30 The Hampton Roads Congressional Delegation consisting of Senators Warner 31 and Kaine, and Congressmen Forbes, Rigell, Scott, and Whitman are requested to take 32 whatever steps are necessary to call the FAA to reconsider its actions on suspending 33 the Environmental Impact Statement Process for the proposed parallel runway. 34 35 BE IT FURTHER RESOLVED that this action is requested to improve the 36 operational efficiency and safety of the Norfolk International Airport serving all of 37 Hampton Roads and to make Hampton Roads more competitive in the international 38 marketplace for business and leisure travel. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2016. APPRO'' AS TO LEGAL SUFFICIENCY: "1": ue r° 2: t Hkh CITY OF VIRGINIA BEACH __ AGENDA ITEM ITEMS: (1) An Ordinance to Appropriate Funds and to Transfer Funds to the FY2015- 16 Operating Budget of the Planning Department and to Authorize a Grant to Lynnhaven River NOW (2) An Ordinance to Appropriate Funds for the FY2016-17 Oyster Shell Recycling Program MEETING DATE: June 21, 2016 • Background: The City of Virginia Beach Department of Planning & Community Development has developed a draft Oyster Heritage Plan, which was briefed to the City Council on June 14, 2016. The proposed plan was developed with the assistance of various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, NOAA, Lynnhaven River NOW and the Chesapeake Bay Foundation. This plan identified multiple sites in the Lynnhaven River watershed for construction and seeding of sanctuary oyster reefs, intertidal reefs and oyster castles. Lynnhaven River NOW has developed, in partnership with the City, an oyster shell recycling program. The program includes education regarding the benefits to the Lynnhaven watershed of healthy oyster populations, pick-up of oyster shells at various participating restaurants, and drop-off of the oyster shells at the City's waste management facilities where the shells are allowed to cure. The Lynnhaven Oyster Restoration Project was awarded a Presidential Coastal American Award in 2009 as an exemplary successful national habitat restoration project model and has been recognized as the second largest oyster restoration effort in the world. The ongoing Oyster Heritage Plan implementation strategy represents a significant effort by the City to continue to address restoration of the environmental quality of the Lynnhaven River watershed and shows local commitment to achieving Virginia and federal government objectives towards restoration of the Chesapeake Bay. ■ Considerations: There are two ordinances attached, which address separate fiscal periods. The one that addresses FY2015-16 would provide a grant to Lynnhaven River NOW to support the activities described above. The structure of the arrangement as a grant acknowledges the City did not have a formal contractual arrangement with Lynnhaven River NOW for the applicable period, but the City is of the belief that the activities undertaken by Lynnhaven River NOW provide a tangible benefit to the residents of the City. The ordinance that addresses FY2016-17 provides funding for activities related to oyster shell recycling. This ordinance reflects a shift in oversight of the activities from the Planning Department to the Department of Public Works. Additionally, with funding estimated in advance of the fiscal year, the City has advertised a request for quotation, which is part of the City's small purchase procedures. Depending upon the responses received from that procurement solicitation, the City can award a contract for oyster shell recycling to be used in FY2016-17. ■ Recommendations: Adopt the attached ordinances • Attachments: Ordinances (2) Recommended Action: Approval Submitting Departme • Planning and Public s ppri) City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO 2 TRANSFER FUNDS TO THE FY2015-16 OPERATING 3 BUDGET OF THE PLANNING DEPARTMENT AND 4 TO AUTHORIZE A GRANT TO LYNNHAVEN RIVER 5 NOW 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $40,788 is hereby appropriated, with revenues increased accordingly, from the 11 fund balance of the Oyster Heritage Fund to the FY2015-16 Operating Budget of the 12 Planning Department; 13 14 2. $16,009 is hereby appropriated, with estimated revenues from voluntary 15 contributions to the Oyster Heritage Fund, to the FY2015-16 Operating Budget of the 16 Planning Department; 17 18 3. $3,294 is hereby transferred from the General Fund Reserve for Contingencies 19 to the FY2015-16 Operating Budget of the Planning Department; and 20 21 4. A grant in the amount of $60,091 is hereby authorized for Lynnhaven River 22 NOW to support activities undertaken in support of revitalization of the oyster population 23 in the Lynnhaven River watershed including oyster recycling, educational programs, and 24 surveys of oyster populations on sanctuary reefs. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 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: L(-' Budget and Management Services Cit _ e ney's Office CA13768 R-2 June 10, 2016 1 AN ORDINANCE TO APPROPRIATE FUNDS FOR 2 THE FY 2016-17 OYSTER SHELL RECYCLING 3 PROGRAM 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA, THAT: 7 8 1. $40,000 is hereby appropriated, with estimated revenues from voluntary 9 contributions to the Oyster Heritage Fund, to the FY2016-17 Operating Budget of 10 the Department of Public Works to pay for activities undertaken related to oyster 11 shell recycling; and 12 13 2. This ordinance shall be effective July 1, 2016. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 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: (-)/4 91 /7/ Budget and Management Services Cityrney's Office CA13769 R-1 June 9, 2016 a1117344+ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 21, 2016 • Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. Such permits must be renewed by City Council biannually. • Considerations: The following renewal applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: American Lifeline Medical Transport, Inc.; American Medical Transport, LLC.; Cardinal Ambulance Service, Inc.; Children's Hospital of the King's Daughters; Delta Medical Transport, Inc.; Emergency Medical Response, LLC; Heart Song Care Transport, Inc.; LifeCare Medical Transports, Inc.; Medical Transport, LLC; Nightingale Air Ambulance; Reliance Medical Transport, LLC; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, LLC. During the previous twelve months, most of the private emergency medical services agencies listed above performed non- emergency and inter-facility transports to include both basic and advanced life support calls. The following new applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: Shore Transport Services, Inc.; MB Solutions, LLC; and NuCare Carolina Ambulance, Inc. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting Depart - • gency: Department of Emergency Medical Service City Manager: 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed on 8 a biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: American Lifeline Medical Transport, Inc.; American Medical Transport, LLC.; 12 Cardinal Ambulance Service, Inc.; Children's Hospital of the King's Daughters; Delta 13 Medical Transport, Inc.; Emergency Medical Response, LLC; Heart Song Care Transport, 14 Inc.; LifeCare Medical Transports, Inc.; Medical Transport, LLC; Nightingale Air 15 Ambulance; Reliance Medical Transport, LLC; Robbie's Ambulance Service, Inc.; Special 16 Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, LLC.; and 17 18 WHEREAS, applications for a new permit has been received from Shore Transport 19 Services, Inc.; MB Solutions, LLC; and NuCare Carolina Ambulance, Inc.; and 20 21 WHEREAS, the above-listed private ambulance agencies perform services not 22 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 23 transports, which include both basic and advance life support calls. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH; 27 28 1. That the City Council hereby grants renewed permit to the following agencies: 29 30 American Lifeline Medical Transport, Inc.; American Medical Transport, LLC.; 31 Cardinal Ambulance Service, Inc.; Children's Hospital of the King's Daughters; Delta 32 Medical Transport, Inc.; Emergency Medical Response, LLC; Heart Song Care 33 Transport, Inc.; LifeCare Medical Transports, Inc.; Medical Transport, LLC; 34 Nightingale Air Ambulance; Reliance Medical Transport, LLC; Robbie's Ambulance 35 Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater 36 Medical Transport, LLC.; and 37 38 2. That these permits shall be effective from July 1, 2016 to June 30, 2018; and 39 40 3. That the City Council hereby grants a new permit to the following agencies: 41 42 Shore Transport Services, Inc.; MB Solutions, LLC; and NuCare Carolina 43 Ambulance, Inc.; and 44 45 4. That these permits shall be effective from July 1, 2016 until June 30, 2017. Adopted by the City Council of the City of Virginia Beach,Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C �! ..-- Emergency Medical Services City Attorney's Orric CA13762 R-2 June 6, 2016 65/25/2016 15:16 2527949127 BAS PAGE 07 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: P('nricon Lifel;rrt /�ecil'aq/ -TranspOrf SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? 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) z' ❑ Accounting and/or preparer of your tax return L.Qy an Ey'In5 /GCCOvritin3 Financial Services (include 1 J gi Q lending/banking institutions and current mortgage holders as CC applicable) VOLi-I' ern r}K © Legal Services 8roo 1,R'er'c _1 McLfrldol), Hvrrphre/ 9'-LtriQrot) LLP I CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein If it 1 changes prior to the Council action upon this Application. OL .� JI q i.l M%,aQ/k- 4e.5*;e- I t.!ord c3 / + , illiIF ICANT'S$!GNAT, Z ATE DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: American Medical Resaonse Mid-Atlantic, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 0 2 Accounting and/or preparer of your tax return Financial Services (include Ei lending/banking institutions and 134.4. Vf &Inv.*6+, current mortgage holders as ("torslmt ,c i l m CCss�� div+ applicable) Legal Services CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 0/Latc)nro Kevin Gross 05/12/16 APPLICANT'S SIGNATURE PRINT NAME DATE DISCLOSURE STATEMENT FORM 6 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: C:::ACAtiA c --\ tikuuSUA,Ciics-9 auC_ SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE I PROVIDER (use additional sheets if I I needed) I In r7-- Accounting and/or preparer of cue cI / your tax return Financial Services (include poi ❑ lending/banking institutions and ltd �\c/u1 ( , current mortgage holders as applicable) n fie cac;re-. id. 64 I G.r►iri4 n Legal Services -9 %Z. - IL) thLr'..s6 t2,...c CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. /1 .,..„ „ ( f "�- j/ ( S )dL - AP (CANT'S SIG • IRRE PRINT NAME DATE From: 06/09/2016 11 :49 #148 P.002/005 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Children's Real Estate, LLC /CJIKO -Laehmarins %q-,'i q/1 SECTION 2. SERVICES DISCLOSURE .r Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: IYES l NO I I SERVICE I PROVIDER(use additional sheets if I needed) f J ❑ Accounting and/or preparer of KPMG LLP your tax return Financial Services (include Bank of America;PNC; ❑X 0 lending/banking institutions and TowneBank;U.S.Bank;BB&T; current mortgage holders as applicable) Wells Fargo ® 0 Legal Services SEE ATTACHED LIST Q 0 Broker/Contractor/Engineer/Other Harvey Lindsay;Clancy&Theys; Service Providers PACE Collaborative CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it. changes prior to the Council action upon this Application. Aea ' 1 t-�� Dennis Ryan / & ti APPLICANTS NATURE L PRINT NAME DATE &A/O/CI—\ l?c-- / 4/0#1 , Lit 67 G `q p c. From: 06/09/2016 11: 0 #148 P.003/005 LAW FIRMS USED BY CHILDREN'S HEALTH SYSTEM,INC. AND ITS SUBSIDIARIES JULY 1,2014 THROUGH JUNE 30,2015 Law Firm Type of Service Hancock,Daniel,Johnson&Nagle, PC Regulatory Compliance;Transactional; PO Box 72050 Corporate Governance; Provider Participation Richmond, Virginia 23255 Agreements;Commercial Disputes Jim Daniel Kim Daniel William Hall Mary Malone John Mumford Michael Newby Phone: 804-967-9604 FAX: 804-545-4237 Horty,Springer&Mattern Medical Staff and Employed Physician Matters 4614 Fifth Avenue Pittsburgh,Pennsylvania 15213 Lee Ann Mitchell Phone: 912-687-7677 FAX: 412-687-7692 Kaufman&Canoles Risk Management;Malpractice and General PO Box 3037 Liability Defense Norfolk,Virginia 23514 Jason Davis—757-624-3119 Mary Beth Sherwin-757-624-3244 FAX: 757-624-3169 LeClair Ryan Trusts and Estates 999 Waterside Drive, Suite 2525 Norfolk, Virginia 23510 Neal Brodsky—757-441-8912 FAX: 757-624-3773 McCandlish Holton PC Virginia Department of Medical Assistance 111 East Main St., Suite 1500 (DMAS)Matters;Governmental Payor Richmond,Virginia 23218 disputes; Regulatory and Licensure Matters Dominic Madigan—804-775-3858 Jamie Martin—804-775-7216 FAX: 804-775-3800 McGuire Woods LLP Certificate of Public Need 901 E Cary Street Richmond, Virginia 23286 Tom Stallings—804-775-1007 FAX: 804-698-2182 Patton Boggs LLP Grant Application;Government Relations 2550 M Street, NW Washington, DC 20037 Phone: 202-457-6000 From: 06/09/2016 11 :30 #148 P.004/005 FAX: 202-457-6315 Troutman Sanders, LLP Land Use Matters;Real Estate 222 Central Park Avenue,Suite 2000 Virginia Beach, Virginia 23462 Robert Beaman—757-687-7547 Carol Hahn—757-687-7546 RJ Nutter—757-687-7502 FAX: 757-687-7510 Vandeventer Black Intellectual Property 500 World Trade Center Norfolk, Virginia 23510 Jane Tucker—757-446-8600 FAX: 757-446-8670 Weber and Weber Real Estate(West Virginia) 239 Main Avenue Weston, West Virginia 26452 W.T.(Tom)Weber,Jr.—304-904-4145 Willcox&Savage • Employment and Employee Benefit Matters; 440 Monticello Avenue, Suite 2200 Real Estate;American Institute of Architect Norfolk,Virginia 23510 Contracts;Construction Contracts Rob Dewey—757-628-5580 William Furr—757-628-5651 Cher Wynkoop—757-628-5581 Tony Theil—757-628-5524 Tim Lockhart—757-628-5582 Steve Brewer--757-628-5582 FAX: 757-28-5566 Cooper,Spong&Davis,P.C. Collections 200 High Street,Suite 500 Portsmouth, Virginia 23705 Steve Leon—757-397-3481 Rosenberg and Kaplan Managed Care Contract Matters 9454 Wilshire Blvd.,Suite 800 Beverly Hills,California 90212 Noah Rosenberg—310-995-9594 2 From: 06/09/2016 11 ::51 #148 P.005/005 Sands Anderson Marks&Miller Malpractice Defense l 111 East Main Street Richmond,Virginia 23218 Joel McCray—804-783-7223 FAX: 804-783-7291 Joseph T. (Ted)McFadden,Jr. Malpractice Defense Rawls McNelis&Mitchell 208 East Plume Street,Suite l 1 Norfolk,Virginia 23510 Joseph T.(Ted)McFadden,Jr.—757-275-8044 FAX: 757-275-5694 Deborah Holroyd, Esq. Guardian ad Litem Services 1993 Irish Bank Drive Virginia Beach,Virginia 23454 3 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: r SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Financial Services (include W IS C 0 El a lending/banking institutions and current mortgage holders as :-6'n applicable) E ® Legal Services CERTIFICATION`. I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. evN 1/111:--f�` c 5-1'1-1 b APPLICANT'S SIGNATURE PRINT NAME DATE DISCLOSURE STATEMENT FORM IIIY. 11111 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Emergency Medical Response, LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: SERVICE PROVIDER (use additional sheets if YES NO needed) Donna L. Hughes, CPA Accounting and/or preparer of your 3800 Poplar Hill Road uaj tax return Chesapeake, VA 23321 Financial Services (include Towne Bank lending/banking institutions and 1200 High Street, Portsmouth, VA. current mortgage holders as 23704 applicable) Singer Legal Group Legal Services 1209 Laskin Rd, Virginia Beach, VA 23451 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I unde - ~nd I responsible for updating the information provided herein if it cha ges prio Dthe Co. • ion upon this Application. »p„ /»� R. ' .Fred � Ward |r G-6-l5 .~ r, SIGNATUREPRINT NAME DATE / DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Heart Song Care Transport Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES i NO I SERVICE PROVIDER(use additional sheets if l L_......-.._ needed) f Accounting and/or preparer of Self, Turbo Tax, for 201 5 your tax return Financial Services(include First Advantage FCU LJ lending/banking institutions and PO Box 2116, NN ,Va 23609 current mortgage holders as 757.377.2444 applicable) Kaufman& f ii5ciie P.C. No reviews• Legal Services El Legal Services 11 15 Fountain Way#400 Legal 1757)873-6300 L Mark Short/Chris Johnson C- ERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 7- n ? eiv, t1 r r A- P' ANT'S°GNA USE PRINT hAME DATE 'may DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Lie •�r� � , r SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use'additional sheets if needed) D Accounting andjor preparer of your tax return Financial Services (include ® Q> lending/banking institutions and G�� (f current mortgage holders as s Gc,..applicable fyi El Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. `�/ 1lK f �' i✓x ✓AM �IL 1i . J`3)-! 4' APPLICANT'S SIGNATURE PRINT'NAME DATE 6 Attachment (A) Disclosure Statement Information (Accounting/ Preparer of tax return) PG Mares 725 Jackson Street Suite#210 Fredericksburg, VA 22401 P: 540-940-2660 F: 540-371-3598 (Financial Services) No lending/mortgage holders Bank: Union Bank &Trust 2811 Fall Hill Ave. Fredericksburg, VA 22401 (Legal Services) Durrett Crump PC 1111 East Main Street 16th Floor Richmond,VA 23219 P: 804-775-6900 F: 804-775-6911 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: / 7pr/ Cq/ .`' VVcv (.4 C- SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? 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) Tax return is prepared by our Accounting and/or preparer of internal accounting department. ri Reimbursement consulting your tax return services are performed by Dixon Hughes Goodman LLC. SunTrust Bank TD Bank Wells Fargo Bank Bank of America/Merrill Lynch Financial Services (include 1P Morgan Chase US Bank ® El lending/banking institutions and Barclays current mortgage holders as y Citi Bank applicable) Goldman Sachs TowneBank Old Point Bank First Citizens Bank Willcox and Savage PC Williams Mullen Clark & Dobbin Legal Services Werfel and Werfel Drinker Biddle and Reath LLP CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I ung stand I am responsible for updating the information provided herein if it cha • ,s prior to the Council action upon this Application. /9/7 , i w/�� +F- r•-2°/f A'LICANT'S SIGNATURE PRINT NAME DATE DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Sentara Healthcare/Sentara Nightingale Regional Air Ambulance SECTION 2. SERVICES DISCLOSURE Are any qf the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES I NO I SERVICE 1 PROVIDER (use additional sheets if needed) I Tax return is prepared by our internal accounting department. IX] 0 Accounting and/or preparer of Reimbursement consulting I your tax return Wells Fargo Bank Bank of America/Merrill Lynch JP Morgan Chase Financial Services (include services SunTrust BBank nan B are performedkby Dixon Hushes Goodman LLC, US Bank lending/banking institutions and Barclays current mortgage holders as Citi Bank applicable) Goldman Sachs TowneBank Old Point Bank First Citizens Bank Willcox and Savage PC • Williams Mullen Clark & Dobbin • Patten Wornum Hatten and Diamonstein 0.4 4 D Legal Services McGuire Woods Kaufman and Canoles LeClair Ryan Poole Mahoney Wolcott Rivers Gates Serrateli Mijal - ' Kutak Rock | | / McDermott Will & Emery i | Werfel and Werfel | ' 13. Drinker Biddle and Reath LLP | | Horty Springer Mattern Christian & Barton ) ! Wharton Aldizer and Weaver Compton & Duling Haukaas Fish PLL[ Powers Pyle Sutter Vervile PC Akin Gump Strauss auer & Feld LLP Thompson Hine LLP Baker Done|son Bearman Ca/dwaUand Berkowitz | | Deborah S. Holroyd_ { - � . IFIcATION: - ' I certify that all of he information contained in this Disclosure Statement Form is complete, , and accurate. | understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. DENISE RBAYLDUS 06/08/7016 � p, — ` —� �' — ~ — A'puCANTSs|CmATumPRINT NAME | DATE - - � - DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Reliance Medical Transport SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? 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) 151---- Accounting and/or preparer of Jamie Eckard, CPA your tax return Financial Services(include NFCU, Union Financial o tending/banking institutions and current mortgage holders as applicable) r Pierce McCoy Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. / / Jason Grimes 6/7/16 ' .4!;0+. j `SEI NT5 T R• PRINT NAME DATE U DISCLOSURESTATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: ROBBIE'S AMBULANCE SERVICE, INC. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: PROVIDER (use additional YES NO SERVICE sheets if needed) Lid' Q I Accounting and/or preparer of Harry Jernigan CPA Attorney, our tax return P.C. Financial Services (include Wells Fargo Bank Q lending/banking institutions and BB&T Bank current mortgage holders as a. •licable) N/A Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it chanes •rior to the Council action u•on this A. •lication. r Lt .,c. . �, L•) Kenny Michaud 6/7/2016 t'L. AP' (CANT'S SIGNATURE PRINT NAME DATE 3 Jun 07 16 10:30a SEPEM, INC 757-588-3'e p.3 DISCLOSURE STATEMENT FORM • • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Special Event Providers of Emergency Medicine, Inc. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any i em is YES, please identify the firm or individual providing the service: NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your Tax Prep-Karen Frittler,CPA (i' t� ( ❑ I 831 Reading Road tax return Virginia Beach,VA 23451 Financial Services (include Monarch Bank lending/banking institutions and current mortgage holders as a.•Iicable) Allegiant Law,PC n2005. Kellam Road El Legal Services Virginia Beach,VA 23462 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Ap•lication. ►'►2 Mar-A 1 05-Q-,20 -;2ol APPLICANT'S SIGNATURE j PRINT NAME DATE DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: 7, 01 SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YE NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your 1R1 D -r*Tfer tax return C,c14 Pocct Financial Services (include --M[AV\e- eXIC\Y\ v. lending/banking institutions and El -- t\C ) current mortgage holders as tCtiNYA ISILrhAijo applicable) 4D.2. Legal Services Zertrcre, LRP El ATTOPOEJ 6acisn66 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this ilication. w40 of A. ri IA5444 h 6-3-167 AP• -• TCrSI5NATURE • PRINT NAME DATE DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: 5 ie i mns, oc+- &&roPC _-A--fc SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 0 Accounting and/or preparer of --R661214 "f)011CPA your tax return Acc r \/a, . Financial Services (include bank.. -yam Ej lending/banking institutions and current mortgage holders as ,,GLC 5- Or7? ---� applicable) 'Robert w r r n Legal Services i-rr+� a CCc:mair Va-- CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. i1t_ I cc-H-1 •Q:.,; Mfr``. APPLICANT'S SIGNATURE PRINT NAME DATE • DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: H 1 Sa laT0A)$ L L G SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? 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 I/ needed) Fi Accounting and/or preparer of Mc P4�11,PS� RO'e.&75 - your tax return 4 pe4A/ Financial Services (include We th f ,2 Ly_ n lending/banking institutions and / current mortgage holders as applicable) QLegal Services i • CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Today/ CtiR1/n/h0 s=a0—/6 UCANT'S SIGNATURE PRINT NAME DATE DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: NuCare Carolina Ambulance, Inc. .__._._���_____� SECTION 2.SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? 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) r;iff ❑ Accounting and/or preparer of Limor Goodman, PC your tax return Financial Services(include PNC Bank cri 0 lending/banking Institutions and current mortgage holders as NorthPoint Commerical Credit applicable) North American Equipment ❑ LeConstangy Brooks, Smith & gal Services Prophete, LLP CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand I am responsible for updating the information provided herein if It changes prior to the Council action upon this Application. 14 11- Pauline Caviness 06/07/16 APPLICANT'S Pauline NAME DATE �p T [ -1"'4113'4-N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Purchase Rescue Equipment and Medical Supplies and Remit Payments to Volunteer Rescue Squads for Standby Services Provided at Special Events MEETING DATE: June 21, 2016 • Background: The Department of Emergency Medical Services (EMS) receives miscellaneous revenues throughout the year from EMS-provided training services and Rescue Squad-provided special event standby services. Prior to the FY 2016-17 budget, these revenues and related appropriations were not included in the annual Operating Budget, and EMS would annually request supplemental appropriations from City Council. Beginning in FY 2016-17, these types of revenues have been budgeted, since they are recurring revenues. Additional City Council action will only be necessary in the future if surplus revenues are received. In FY 2015-16 from July through May, EMS received $21,306 in revenue from training services it provides. These monies include, but are not limited to, registration fees and textbook purchases. In addition, EMS has received funds from special event organizers to offset the costs of rescue squad standby services. In FY 2015-16 from July through May, the department received $44,177 in special event reimbursements on behalf of its volunteer rescue squads and specialty teams. Of this, $16,661 has previously been disbursed to the rescue squads from EMS's Operating Budget. The remaining $27,516 will be distributed if Council approves this ordinance. In summary, the additional revenues that have been collected are as follows: Source & Purpose of Revenue Amount VBEMS Training Division Fees (July - May) $21,306 Special Events Reimbursements to City for pre-paid contributions to $16,661 Volunteer Rescue Squads for Stand-By Duty (July - December) Special Events Reimbursements to City received (December - May) for $27,516 payment to Rescue Squads for Stand-By Duty Total $65,483 • Considerations: EMS recommends using the training revenues, totaling $21,306, to purchase additional equipment and supplies to enhance rescue/medical capabilities and training capacity. Examples of items to be purchased include medical supplies, instructional materials, and protective apparel for VBEMS providers. Appropriating the special event funds will restore $16,661 in spending authority to EMS for advanced payments previously made to individual rescue squads from EMS's existing Operating Budget. Failure to restore EMS's spending authority would result in delayed purchases of equipment and supplies until next fiscal year or later. The remaining $27,516 in special events funds will be immediately disbursed to the appropriate rescue squads. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting De. Ilk e ' •ency: Department of Emergency Medical Services g' i, City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PURCHASE 2 RESCUE EQUIPMENT AND MEDICAL SUPPLIES AND 3 REMIT PAYMENTS TO VOLUNTEER RESCUE SQUADS 4 FOR STANDBY SERVICES PROVIDED AT SPECIAL 5 EVENTS 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $21,306 of Department of Emergency Medical Services (EMS) training revenue is 11 hereby appropriated to EMS for the purchase of rescue equipment and medical supplies to 12 enhance rescue/medical capabilities and training capacity; 13 14 2. $16,661 of special event reimbursement revenue is hereby appropriated to EMS to 15 reimburse EMS for previous remissions provided to volunteer rescue squads for stand-by 16 duty at special events; and 17 18 3. $27,516 of special event reimbursement revenue is hereby appropriated to EMS to 19 allow the department to remit funds to volunteer rescue squads for stand-by duty at special 20 events. 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: Budget and ana ementC3�s Cat-- ey's Office g 9 CA13764 R-1 June 7, 2016 K. PLANNING 1. SHERYL SKORD,TRUSTEE FOR FLOYD E. TAYLOR IRREVOCABLE TRUST for a Subdivision Variance to Section 4.4(b) of the Subdivision Regulations at 1217 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 2. MARVIN M. ROLLINS,JR/GAYLE B. ROLLINS, TRUSTEES UNDER THE MARVIN M. ROLLINS,JR. LIVING TRUST for a Modification of Proffers to a Conditional Change of Zoning from B-2 and Conditional B-2 Community Business Districts to Conditional B-2 Community Business District(approved December 10, 2002) at 601 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 3. BRG CASCADES EAST, LLC for a Modification of Proffers to a Conditional Change of Zoning from B-2 Community Business and A-24 Apartment Districts to PD-H2 (A-24 Apartment) (approved October 24, 2013) at 2120 Centerville Turnpike DISTRICT 1 —CENTERVILLE RECOMMENDATION APPROVAL 4. CHARLES and KELLY PLAZA for a Conditional Use Permit(home based Wildlife Rehabilitation) at 2121 Thackeray Lane DISTRICT 7—PRINCESS ANNE RECOMMENDATION APPROVAL 5. SANITRIA GARDNER for a Conditional Use Permit(Family Day-Care Home) at 690 Baal Court DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 6. DIANA WILSON for a Conditional Use Permit (Family Day-Care Home) at 1180 Clydesdale Lane DISTRICT 1 —CENTERVILLE RECOMMENDATION APPROVAL 7. NORFOLK AIRPORT AUTHORITY for a Change of Zoning from R-5D Residential Duplex District to I-1 Light Industrial District) at Burton Station DISTRICT 4—BAYSIDE RECOMMENDATION APPROVAL 8. CITY OF VIRGINIA BEACH for a Change of Zoning re R-10 Residential District to B-4K Historic Kempsville Area Mixed Use District; B-2 Community Business District to B-4K Historic Kempsville Area Mixed Use District; 0-2 Office District to B-4K Historic Kempsville Area Mixed Use District; R-5D Residential District to B-4K Historic Kempsville Area Mixed Use District; AG- 1 Agriculture District to B-4K Historic Kempsville Area Mixed Use District DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL 9. CITY OF VIRGINIA BEACH Ordinance to AMEND the official Zoning Map by the designation and incorporation of additional properties into the Historic Kempsville Area Overlay District DISTRICT 2—KEMPSVILLE RECOMMENDATION APPROVAL ,l�tN Beery A 5) 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, June 21, 2016 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 4-BAYSIDE NORFOLK AIRPORT AUTHORITY Change of Zoning(R-5D Residential Duplex District to I-1 Light Industrial District) General Vicinity of Burton Station Road (GPINs 1458780990, 1458791051, 1458792124, 1458792277, 1458793089, 1458793338, 1458793580, 1458794615, 1458795272, 1458795618, 1458797606, 1458896908, 145970545, 1459705500, 1459707240, 1459707355, 1459708276, 1459708391, 1459709508, 1459800617, 1459801123, 1459801823, 1459806306) DISTRICT 7-PRINCESS ANNE MARVIN M. ROLLINS,JR.&GAYLE B. ROLLINS,TRUSTEES UNDER THE MARVIN M.ROLLINS,JR.LIVING TRUST Modification of Proffers to a Conditional Change of Zoning from B-2 & Conditional B-2 Community Business Districts to Conditional B-2 Community Business District approved by City Council on December 10,2002. 601 Princess Anne Road(GPIN 2308896044) DISTRICT 1-CENTERVILLE BRG CASCADES EAST, LLC/WOODS CREEK DEVELOPMENT, LLC Modification of Proffers to a Conditional Change of Zoning from B-2 • Community Business & A-24 Apartment Districts to PD-H2 (A-24 Apartment) District approved by City Council on September 24, 2013.2120 Centerville Turnpike(GPIN 1464081786) DISTRICT 7-PRINCESS ANNE SHERYL SKORD,TRUSTEE,TAYLOR IRREVOCABLE TRUST/FLOYD E. TAYLOR IRREVOCABLE TRUST Subdivision Variance(to Section 4.4 (b)of the Subdivision Regulations)1217 Princess Anne Road(GPIN 2401613897) DISTRICT 2-KEMPSVILLE CITY OF VIRGINIA BEACH Change of Zoni •(R-10 Residential District to B-4K Historic Kempsville Area Mixed Use District)(GPINs 1466774982, 1466881349, 1466881249, 1466881220, 1466881104, 1466882272, 1466882390); 6-2 Community Business District to B-4K Historic Kempsville Area Mixed Use District (GPIN5 1466788968,1466789967,1466691229, 1467707183); 0-2 Office District to B-4K Historic Kempsville Area Mixed Use District (GPIN 1466880523); R-5D Residential District to B-4K Historic Kempsville Area Mixed Use District (GPIN 1466883580); AG-1 Agriculture District to B-4K Historic Kempsville Area Mixed Use District (GPIN5 1466795194, 1466796214, 1466796346, 1466797501) DISTRICT 2-KEMPSVILLE CITY OF VIRGINIA BEACH-An Ordinance to Amend the official Zoning Map by the designation and incorporation of additional properties into the Historic Kempsville Area Overlay District (GPINs 1466774982,1466884575) DISTRICT 7-PRINCESS ANNE CHARLES AND KELLY PLAZA Conditional Use Permit (Wildlife Rehabilitation)2121 Thackeray Lane(GPIN 2414470895) DISTRICT 2-KEMPSVILLE SANITRIA GARDNER Conditional c p rmit(Family Day-Care Home) 690 Baal Court(GPIN 1466550996) DISTRICT 1-CENTERVILLE DIANA WILSON Conditional Use Permit(Family Day-Care Home)1180 Clydesdale Lane(GPIN 1456309293) 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 11p,;, w w t,e r r,p,,, 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 385303. BEACON:JUNE 5&12,2016 .•rte fiII Tin III / F allf # ; 0 E-t_.i I / -. tn., .4 Zrrr, '7 • h. {.- fi ♦ `I 74 h ,..,_ mum Lmommi?c 06,11.0... III tt /L Z i r / -..i.Nsss N11166,_ /111 L r ______/ !Jr? 1 .1 i // /1 1 C -,,T, il Q 116 .-"-,-,,... il .ii GI\ .., I g' ç• // rivf‘414'..\\A., F-' f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHERYL SKORD, TRUSTEE FOR FLOYD E. TAYLOR IRREVOCABLE TRUST [Applicant & Property Owner], Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance. 1217 Princess Anne Road (GPIN 2401613897) COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: June 21, 2016 • Background: As per the wishes of the applicant's late father, his Trust stipulates that the 32-acre property be subdivided into two parcels - proposed Parcel C with 1.25 acres and 20 feet of lot width and proposed Parcel D with 31 acres and 256 feet of lot width. The Zoning Ordinance requires each agriculturally zoned lot to have a minimum lot width of 150 feet; therefore, Parcel C requires a Subdivision Variance. Section 420 of the Zoning Ordinance specifies a maximum residential density on agriculturally zoned parcels as one dwelling unit for each 15 acres of land with Type 1 and Type 2 soils. So while the density standard is met, the proposed Parcel C is deficient in the minimum lot width requirement by 130 feet. • Considerations: There is an existing dwelling, detached garage and septic system drain field on the property. When subdivided, Parcel C will contain all of these improvements. As it is the applicant's intent to continue cultivation on the majority of the property, by creating one small lot and one larger lot, the opportunity to continue to farm the property is greater than if the property is subdivided into two equally sized lots. • Recommendations: The Planning Commission placed the request on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. No more than three units shall be permitted on the site. 2. The site shall be redeveloped in accordance with the submitted drawing entitled, "Non-Conforming Use Exhibit For Beach Borough, LLC," prepared by Pinnacle Group Engineering, Inc., and dated 04/21/2016, which has been exhibited to the City Council and is on file in the Planning Department, Sheryl Skord Page 2 of 2 with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10) feet. 3. When the structures are constructed, the architectural design shall be as depicted on the elevations entitled, "33rd Street Duplex," and "33rd Street Cottage," prepared by J. Bengston, dated 04/27/2016 and 11/20/2015 respectively, which have been exhibited to the City Council and are on file in the Planning Department, with the exception that the duplex units shall have one and one half-car garages. 4. Improvements to the 33rd 1/2 Street alley, as required by the Department of Public Works, shall be installed and may include, but are not limited to, pavement widening, installation of curb and gutter and drainage improvements. 5. A Landscape Plan shall be submitted during final site plan review that strategically places plant material to aid in reducing the scale and mass of the project. Said planting plan and species shall be subject to approval of the Development Services Center Landscape Architect. 6. As a means of reducing impervious surfaces, the driveway for Unit B of the duplex shall be either constructed with a permeable pavement system or constructed with driveway runners (two strips that lead to the 18-foot x 18- foot parking pad). 7. No mechanical equipment shall be located between the front façade of the duplex and 33rd Street. Said equipment shall be screened with plant material so as not to be visible from 33rd Street. 8. Setbacks shall be as depicted on the exhibit referenced in Condition #2 above, with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10) feet. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep. . me . ' s ency: Planning Departmer------------ City Manager:1 Applicant & Property Owner Sheryl Skord, Trustee for Floyd E. Agenda Item Taylor Irrevocable Trust Public Hearing May 11, 2016 6 oiyui City Council Election District Princess Anne Virginia Beach Request Subdivision Variance to Section 4.4B of the Subdivision Ordinance, which requires all properties to meet the requirements of the Zoning Ordinance „,�SPR Staff Planner �" V :tn.:: n Royiy Carolyn A.K. Smith n Court PungoaughRidBeCOUrt IGum&pge Location iiiiz. 1217 Princess Anne Road F GPIN 2401613897 Site Size E 32.90 acres z AICUZ 0 Less than 65 dB DNL Deere Court ' Existing Land Use and Zoning District Single-family dwelling, cultivated fields/AG-1 & AG-2 Agricultural 4 a . Surrounding Land Uses and Zoning Districts ' ., , a North /f"-; j iy° ;" Single-family dwelling, plant nursery/AG-1 & t "___ AG-2 Agricultural `i,� . .�. South '"fi, -` a i Single-family dwellings, cultivated fields/AG-1 ..; ; m. &AG-2 Agricultural ` ' Princess Anne Road __ jl Church, private school, pastures/AG-1 &AG-2 Agricultural ! West % 1.. Single-family dwelling, cultivated fields/AG-1 & !"—•.- *.Y ._, --y- z 1 , AG-2 Agricultural Sheryl Skord,Trustee for Floyd E. Taylor Irrevocable Trust Agenda Item 6 Page 1 Background and Summary of Proposal • Due to the settlement of an estate, the applicant is requesting a Subdivision Variance to create a 1.25-acre parcel and a 31.65—acre parcel from the 32.90—acre site. • The lot width of the existing 32-acre parcel is approximately 275 feet, 25 feet shy of the minimum lot width requirement of 300 feet for two parcels (150 feet required for each lot). • As per the wishes of the Trust, one of the proposed parcels is depicted with only 20 feet of lot width.The proposed lot width for Parcel C is 20 feet and the proposed lot width for Parcel D is 254.94 feet. Based on this, a Subdivision Variance for lot width is requested for proposed Parcel C. • It should be noted that the allowable density, as set forth in Section 420 of the Zoning Ordinance, on each tract of agriculturally zoned property that existed prior to June 28, 1994, is one dwelling unit for each fifteen acres of land with type 1 and 2 soils. As the property is approximately 32 acres in size,the request to create two lots is consistent with this standard. • There is an existing dwelling, detached garage and septic system drain field on the property. When subdivided, Parcel C will contain all of these improvements. Zoning History • # Request 1 CUP(Horses for Boarding& Riding)Approved rrr 02/07/2007 '6/114. . 2 CUP(Classrooms, Gymnasium)Approved 11/25/2003 CUP(Child Care Education Center)Approved 07/03/2001 Ac �.z CUP(Church addition)Approved 06/22/1999 /�r CUP(Pre-school)Approved 06/28/1998 ��� Aoe, CUP(Religious Use)Approved 08/27/1996 CUP(Religious Use)Approved 10/12/1993 CUP(Religious Use)Approved 06/25/1990 3 SVR(pavement widths 4.1(m),cul-de-sac length 4.1(p), — / screening 4.4(e))Approved 12/08/1992 CUP(Single-family dwellings in AG)Approved 12/08/1992 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Sheryl Skord, Trustee for Floyd E. Taylor Irrevocable Trust Agenda Item 6 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area.The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation,tree farms, equestrian facilities,wetland banks,fish farms and other similar uses. An important objective of the Plan for the Rural Area is to protect and sustain all of our valuable environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. (pp. 5-1 to 5-4) The Rural Development Guidelines enable property owners that do no elect to enter the Agricultural Reserve Program, but who wish to develop their property, a choice of two residential development options: a by-right option with calculated density of no more than one dwelling unit per 15 acres; or a conditional use option allowing a slightly higher calculated density of one dwelling unit per 5 acres with areas designated as Soil Area 1 and one dwelling unit per 10 acres within areas designated as Soil Area 2 (p. 5-8). Natural and Cultural Resources Impacts The property is within the Southern Rivers watershed and specifically within the North Landing River watershed. Much of the property is under cultivation.There do not appear to be any perennial streams,wetlands, special flood hazard areas or any known cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity eerierated Princess Anne Road 3,764 ADT 1 7,400 ADT 1(LOS 4"C") Existing Land Use 2-10 ADT 18,600 ADT 1(LOS 4"E") Proposed Land Use 3-20 ADT 1 Average Daily Trips 2 as defined by one single- 3as defined by ultimately two 4 LOS=Level of Service family dwelling residential parcels,but no change anticipated soon as likely to remain primarily cultivated fields Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a two-lane undivided rural facility. The existing roadway is within a 50-foot wide right-of-way. The MTP proposes a two-lane facility within a 100-foot wide right-of- way. There are no roadway CIP projects slated for this area. Public Utility Impacts Water&Sewer This property is not served by City water or sewer. Private wells and septic systems must be approved by the Health Department. Evaluation and Recommendation As the City's Master Transportation Plan calls for an ultimate 100-foot right-of-way for Princess Anne Road,and consistent with other applications in the vicinity, Staff recommends a condition that requires that when the property is subdivided, a 25-foot dedication along the Princess Anne right-of-way frontage is provided. The existing dwellings on this property and on the property to the north, also owned by the applicant, currently share a driveway.While not a requirement of this approval, it is recommended that if Parcel C proposes to continue to use this driveway,an Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 3 I i ingress/egress agreement with Parcel B be recorded,thereby providing legal use of the driveway. Based on the directives of the applicant's late father, a Subdivision Variance is requested in order to create two lots on this 32-acre site. In the short term,the applicant has indicated that the property will remain as it exists today—with one single-family dwelling and the remainder of the property under cultivation. By creating one small lot and one larger lot, the opportunity to continue to farm the property is greater than if the property is subdivided into two equally sized lots, each with a single-family dwelling and the typical accessory structures and driveways. Staff recommends approval, subject to the conditions below, as the proposed density is consistent with the allowable density for parcels that existed prior to June 28, 1994. Recommended Conditions 1. The final plat,when submitted to the Development Services Center, shall depict a minimum lot width for Parcel C of 20 feet. 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. Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 4 Proposed Site Layout • , ., „ ., . . '7, ot F m 180. • , 8 8 • ' 81 1 . u ,-- %.• . ;en 1111... •IP,03 :hi:; ,100 or.:, . % ,iii ip5 tith 4, - A,:-1, ch.! •t rn i,, * n e; q"8 12 88. ' Iii 1; 88 21 11 il I 1 - III/ '8'1 Existing 32.906-acre parcel 1 t 4 . it,24Cq :1,k21 4,`28 8! .4 rIlt 1 . WI!ii%, :I 1- 1.0 i r O m -4 s. O ; > i TT' Ig L3 a › • ,. ,, =1,! . 1 pipT z P gte , il .. . II . incess. 's - - Road . ......AM r , I• ' ii • f82-1:f,F z , :,-.:::„„;Broltr,;(..Pre.sig.',L SURVEY VI '1 '."' ' IA''. ...., A.TATUM IIIVOAAIll TAISBY VVIONA ALVOV VA !,14 <) Z.i 7 Z• i- *A. 4 oc• • — ••,. -- veee sew ''-- - Sheryl Skord,Trustee for Floyd E. Taylor Irrevocable Trust Agenda Item 6 Page 5 Enlarged Site Layout (_ 4 N O I oc 2,..., ;lip N aO a'�' oi;i X o,. fit, 't, Frk.aO gb W 0 _i*: �, R ill <SE-. �p.“...).., • '< gg RVR9 ba. z t , p ' Aig '1Yy� eaga g o 0. °" N • Z II a R it W € 5 rn " ao .4.,,,, t_ X r0 '• CV q �wRgf C _v �plr g '0 6=o C o t_ ,,.ifis 4 oD '9-C (a H R• f0 CDoysRi d 2 In o �« �m O Q Q. U • s c 2 C -p (0 4p 3� y'2 aL 44 .4DC N N •' ^t O w W .N p c 8 :, Jiy W d t ^ s� ct f lq maw t� — y ...Pi m'lav l.fl.a S — —_ _ ____ .G .reser ..rl,�cw w b,,,e 1 r= ap 8 ;:'• R Ce ii ii G a -t,,afi. .Istat ..rl.srmeC a W. eIr.. C LL m O • 3 e a+ C w J •X i d W Q N _. U QJ�� .II..., ..r,.aaw r ')64, ' x-1 1 RI a s a0 n R 3 R 0 p ch unp ¢p ga +X t! ft , P 4,t ' w0 qv �j a t Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 6 Site Photos ie* •., 400e• -- 10- • , senseitiast -";.• ':" • • '1 < -471-47. \\ " 44011E-41** Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 7 Disclosure Statement 11‘13 Virginia Beach APPLICANT'S NAM 51 l ', 7i' • i Is • •, I1nr6/►moo ee, I 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 �ErOR CITY USF ONLY/ I iscl0s irk; nw°I I, r pd.0 'u.vC(; ,reI lxI, Page 1 of 7 Plannuig Cnm ins, OH meeting ti at IIPrlarn5 tri tttr a{rtu �rcnis� LJ APPt.ICANI NOTIFIED Of BEARING ��_.=-;I NO C:VIANC,ES AS OF .114 MA�' Li REVISIONS SUBMITTED Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 8 Disclosure Statement Ory of Virginia Beach X 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:Sheryl Skord .�ltt7Gti'h-i � tennTdtylor• 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) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E 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:Floyd E. Taylor Irrevocable Trust If an LLC, list the member's Shery Skordl Jsnc,KmtLi, G%ennT�y1or names: Page 2 of 7 Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 9 Disclosure Statement 'NB 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 7 Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n Accounting and/or preparer of LJ your tax return Architect/ Landscape Architect/ Land Planner n Contract Purchaser(if other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CConstruction Contractors X Engineers /Surveyors/Agents Fox Land Surveying,LLC Financing (include current mortgage holders and lenders I/VI selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers / n n 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 an interest in the subject land or any proposed development I^ 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? Glenn Edward Taylor is an employee of City of Va. Beach and one of the beneficiaries of the Floyd E. Taylor Trust. Page 4 of 7 Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 11 Disclosure Statement NABOry of 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. ,,?La_j / - ./ Sheryl Skord 2/15/2016 APPLICANT'S SIGNATURE' PRINT NAME DATE Page 5 of 7 Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 12 Disclosure Statement "\B OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) XAccounting and/or preparer of — your tax return 1-1 X Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I�\I Construction Contractors CEngineers/Surveyors/Agents Fox Land Surveying,LLC Financing (include current mortgage holders and lenders I^) selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers / Agents/Realtors for current and M anticipated future sales of the subject property oromrsommewmoow...........agasommumerma.assaaautszoora. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development I 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? Glenn Edward Taylor is an employee of City of Va. Beach and one of the beneficiaries of the Floyd E. Taylor Trust. Page 6 of 7 Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 13 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. Sheryl T. Skord, Trustee 2/15/2016 PROPERTY'OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Sheryl Skord,Trustee for Floyd E.Taylor Irrevocable Trust Agenda Item 6 Page 14 - 1 I JIJ , I --1 1 Or -11 (5 r, 1 ad 1---------/-----.. e 79.0 ce55 Pa4C/11 \ in—.] M isj / -----„s--1 Cg N. Nu I 4:77 cc 7 : .111S1114111141111111‘4\7 .1, ssts •..,.... .. . 013 \ \ \ \ „ ,---- • /-'---- \\C:41111110,,\11 • , . . . .,•-.....,„ 'z„, - N.., P..., I ilt- -1 I 1 1 lIl . I1 1 l4,hl ro , . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARVIN M. ROLLINS, JR. & GAYLE B. ROLLINS, TRUSTEES UNDER THE MARVIN M. ROLLINS, JR. LIVING TRUST [Applicant & Property Owner] Modification of Proffers to a Conditional Change of Zoning from B-2 Community Business District to Conditional B-2 Community Business District, approved by City Council on December 10, 2002. 601 Princess Anne Road. COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: June 21, 2016 • Background: The existing site, zoned Conditional B-2 Community Business District, contains a convenience store, fuel pumps, automated car wash, laundry facility, and mini- warehouse storage facility. This request to modify the proffers of the Conditional Change of Zoning approved by City Council on December 10, 2002 will allow the automated car wash building to be converted into a convenience store. The existing convenience store will also remain. • Considerations: The existing facilities on the site have served the community for many years. The conversion of the existing car wash to a convenience store will further the Comprehensive Plan's land use policies for the Rural Area, particularly in regard to providing basic retail services to the local community. No changes to the site are proposed with this request, only basic renovations to the car wash building. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Minutes of Planning Commission Hearing Location Map Marvin M. Rollins, Jr. Page 2 of 2 Recommended Action - .ff - omme •s approval. Planning Commission recommends approval*A Submitting De• • - en - • - cy: Planning Department lokCity Manager: Applicant & Property Owner Marvin M. Rollins, Jr. & Gayle B. Agenda Item Rollins, Trustees under the Marvin M. Rollins, Jr. Living Trust 2 cic�)L,f Public Hearing May 11, 2016 Virginia Beach city Council Election District Princess Anne Request Modification of Proffers to a Conditional Muntlen Road Change of Zoning (B-2 to Conditional B-2) approved by City Council on December 10, 2002 Road Y o FertV �dpU1g Camden court 2 Pungo Ferry Road tr E Staff Planner Aura Drive Campbells Landing Road Kevin Kemp D w w Location a 601 Princess Anne Road e'er R GPIN I 2308896044 Fitn own Road 'o Site Size 2.48 acres Back Bay Landing Road AICUZ a Less than 65 dB DNL Existing Land Use and Zoning District Gas station with convenience store, car wash & mini-warehouse storage/ B-2 Community . kip' I, ;. Surrounding Land Uses and Zoning Districtsp '�► ', f . F._ North ` it �. Mixed commercial & restaurant/ B-2 - _ Community Business - N ! , '�K South 7I° r *tea Fire station/AG-2 Agriculture East �� o `4.0 a , ,. Princess Anne Road `t rs Hardware store/ B-2 Community Business li 'F • West ti - v "rt►: ,' R r Single-family dwelling/AG-2 Agriculture ,( • ., A Marvin M. Rollins,Jr. Agenda Item 2 Page 1 Background and Summary of Proposal • The 2.48 acre site is developed with a convenience store, fuel canopy, automated car wash, laundry facility and a mini-storage facility. • The applicant requests to modify the previously approved proffers to allow the car wash building to be converted into a convenience store.The existing convenience store will remain. • In 1979, the site was rezoned from agriculture to B-2 Community Business. In 1999, a Conditional Use Permit was approved to develop a gas station on the site. In 2001, the site was rezoned to Conditional B-2 and a Use Permit was approved for an automated car wash. • The changes proposed to the existing building include removing the overhead doors and installing a new entrance for the proposed convenience store. • No other changes are proposed for the building or the layout of the subject site. • The existing parking provided on the site meets the requirements of the Zoning Ordinance. J \ Zoning History 1„:1 AG72 # Request B-2 1 MOD Approved 10/09/2012 CRZ(AG-2 to Conditional B-2)Approved 06/24/2008 CUP(Warehouse)Approved 06/24/2008 AG-2 ,j ' A {B-?` 2 CRZ(AG-2 to Conditional B-2)Approved 12/20/2005 � if CUP(Hardware store)Approved 12/20/2005 3 CRZ(B-2 Conditional B-2)Approved 12/18/2002 N A$? CUP(Mini-warehouse)Approved 12/18/2002 • .3; CRZ(AG-2 to Conditional B-2)Approved 11/13/2001 AG-2 ; — AG-1 �, CUP(Car wash and fuel sales)Approved 11/13/2001 poi CUP(Gas station)Approved 12/07/1999 °'\ REZ(AG-1 to B-2)Approved 05/29/1979 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Rural Area.The Rural Area is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, equestrian facilities, wetland banks, and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth pressures.There are occasional commercially zoned nodes that can be called Marvin M. Rollins,Jr. Agenda Item 2 Page 2 Rural Community Areas, like Back Bay and Creeds that are small in scale with a few houses next to some shops that provide basic retail shops and services that serve the immediate rural community rather than cater to a large geographic area. Non-residential development should be located within these Rural Community Areas, as depicted on the Comprehensive Plan Map, p. 1-10, unless the non-residential is agricultural in nature or a farm, part of a farm, stable or a mill.These Rural Community Areas should be thought of as focal points for the existing and future development in this area of the city. Development in these community areas can include a mix of locally oriented retail or services designed to be compatible with the landscape of the area (p. 5-1 to 5-4, 5-8). Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed.The site is adjacent to the Oakum Creek.There do not appear to be any significant natural or cultural resources on the subject site. Traffic Impacts Street Name Present Volume Present Capacity Generated Tr Existing Land Use 2—Enter Value Princess Anne Road 5,140 ADT 1 7,400 ADT 1(LOS 4"C") ADT 12,000 ADT 1(LOS 4"D") Proposed Land Use 3-Enter Value ADT 'Average Daily Trips 2asdefined byEnter 3as defined by Enter definition. 4 LOS=Level of Service definition. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are no Roadway CIP projects scheduled for this portion of Princess Anne Road and there are no improvements recommended in the MTP. Public Utility Impacts City water or sewer service is not available in this part of Virginia Beach.The site is currently served,and will remain served, by a Health Department approved private wells and septic systems. Evaluation and Recommendation The proposed request to modify previously approved proffers to allow for the conversion of the existing automated car wash to a convenience store is acceptable to Staff.The site has served the community with a convenience store,fueling station, laundry facility and storage facility for many years.The proposed conversion of the car wash to a convenience store is consistent with the Comprehensive Plan's Land Use policies for the Rural Area in regards to providing basic retail services to the local community.The site has sufficient existing landscaping and is well-maintained.Other than the modification to the building as described above, no changes to the site are proposed.As such, no adverse effects are anticipated to the surrounding properties. For the reasons above,Staff recommends approval of this request as proffered below. Marvin M. Rollins,Jr. Agenda Item 2 Page 3 Proffers 1. Proffers numbered 1 and 6 as contained in the 2002 Proffers recorded in the above referenced Clerk's Office as Instrument Number 200212233084230 is hereby deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "CONCEPT PLAN CONVENIENCE STORE CONVERSION AT MOTORIST WAYSIDE AT CREEDS,VIRGINIA BEACH,VIRGINIA," dated February 18, 2016, prepared by Gallup Surveyors& Engineers, Ltd.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). 6. The Property shall only be utilized for the sale of fuel,convenience store, retail establishment, laundry mat and mini-warehouse as depicted on the Site Plan and no other uses described in the Zoning Ordinance as permitted or conditioned shall be allowed on the Property. 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2002 Proffers remain in full force and effect. Previously Approved Proffers 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "CONCEPT PLAN FOR MINI_WAREHOUSE & LAUDROMAT ADDITIONS TO THE MOTORIST WAYSIDE AT CREEDS,VIRGNIIA BEACH,VIRGINIA,"dated Aug. 2, 2002, prepared by Gallup Surveyors& Engineers, Ltd. Which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). [Proffer to be replaced] 2. When the Property is developed, in addition to installing the extensive landscape treatments and foundation plantings depicted on the Concept Plan,the car wash shall be constructed substantially in accordance with the "SKETCH FOR AUTOMATED CARWASH AT THE MOTORIST WAYSIDE AT CREEDS" prepared by Gerald A. Porterfield,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Elevation"). 3. When the Property is developed, only those areas depicted on the Site Plan for the car wash, pump islands, convenience store laundry mat, mini-warehouse buildings, surrounding drive aisles, BMP, septic drainfields,and forcemains will have any construction improvements.All remaining areas will,with the exception of planting and maintenance of the landscape buffers, reforestation area and open space, remain unimproved and devoid of any structures such as storage sheds. 4. The only freestanding sign shall be the one designated on the Site Plan. 5. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Marvin M. Rollins,Jr. Agenda Item 2 Page 4 6. The Property shall only be utilized for the sale of fuel,convenience store,car wash, laundry mat and mini- warehouse as depicted on the Site Plan and no other uses described in the Zoning Ordinance as permitted or conditioned shall be allowed on the Property. [Proffer to be replaced] 7. Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Marvin M. Rollins,Jr. Agenda Item 2 Page 5 Proposed Site Layout w 6 ''.----1:::'.11.--: Mj 1y iit rgy q 1[1 a. v O f i t , { 6-' i'f. {; , l L. ..,r_ 9 ' r �Li$E u htp1 - a a 2- Ur, . i V Z N i:i 1 .. g Will ;11 I li c ,. i. u c a wr \ r q t 4 •_ t �i i,.1 F.4 _ 4 h = 2'f rr ; i �il \ s � ,�" { r..wr I t iI /,,,,,,,, . .. N4441414pHi. *40 4,k. Es , • „":,Awl . f1• 7 .R'.�b .. f is .¢14'1,f l ' . #i tg :III • F 1 c a Ye ti / "4Vii' F ig ici ' Marvin M. Rollins,Jr. Agenda Item 2 Page 6 Proposed Site Layout - Detail h EXISTING MINI-WAREHOUSE STORAGE . i , , • . / ii I 1 /N • l 'r •ry • W 0 f `f s ' .c • i iiii is C 11 i L11Wq n x. , ... ' — r—- ? PI.12S - _ _.„ .s'% AUTOMATED CAR WASH .�,. �' ''�' - " STRUCTURE TO BE CONVERTED /I 1 L - ( INTO A CONVENIENCE STORE EXISTING LAUNDRY MAT _ - , fCOM. �Td aM:[fi —1 r 7 6 ifd.10 \ }. rs ..0 201 P72 f [A 29115 P+02° Am hsL I . EXISTING CONVENIENCE EXISTING FUEL PUMPS In STORE !f ret arts:P jjj}}} a:cMare r: g S. I y 0.��� liNs a PRINCESS ANNE ROAD s I I I 1 Marvin M. Rollins,Jr. Agenda Item 2 IPage 7 Site Photos , -".........._______ , .. .. . , $ . t, 1 tm OR OPEN ,... . , 1 ' t -•- • . = ' - . ••* . - - - '- - -' ..,-,.".4V,,,,,cx-'-'="142441Prit•.4'er.'•*- 11111111 , . -- EXISTING AUTOMATED CAR WASH ... TO BE CONVERTED TO CONVENIENCE STORE -',$. . '' • . S 1"*"•.'", ._. .1'. _ - ,. c _ ..- • [ , - ....- I. Marvin M. Rollins,Jr. Agenda Item 2 Page 8 Site Photos . . . .,.,....,,.., ..:' . . •, . -. , 4,,- , r - ,,... .- .-:.., .,- , 't" r, r''' ,.- : •. - - . , :*;i,,,,,,,,,, ,,, 4,, , .,.. , „ . ' ;# ' A -ir. .,,,__ ,.--,,• , . . ,:ri, ... .. _ - , . . Hompr!!!! •4. !!!iiiiilt11111111_111111111 44.0 .'' I.'jff'--' :--;.-IIIIIIH .,____.1) ,, .. EXISTING CONVENIENCE STORE ,.• 4 ; AA, 4 . • w.% ,. I :'•....:',..%4:kiiiiii':',A...:. , . . l' /. , '.:1,• . ••• -. ........- . .. ....:: , . . 1.. - . .,-.,,t-vcoort4 ,,„4, l'..4,4,0‘,,,,', ,... •. it. I , ::. ' - . le -' --.„, :-..,„,_t , , ... .....• ----- „..). . . . . '. ' :• - , - REAR STORAGE AREA j . , , FROM PRINCESS ANNE Re . , - Marvin M. Rollins,Jr. Agenda Item 2 Page 9 Disclosure Statement Virginia Beach 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 FOR CITY USE ONLY/ mu,I c ut, ,too ta.o =-ras.r Dnp Page 1 of 7 Parc,mn'i5>on a .0innl meetmq that reit- s m tl e dppl t APPLICANT NOTIFIED OF HEARING Th-TE g NO CHANGES AS OF D TE Co (0 / '���r^� ^ REVISIONS SUBMITTED DATE Marvin M. Rollins,Jr. Agenda Item 2 Page 10 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Marvin M. Rollins, Jr. &Gayle B . Rollins, Trustees under If an LLC, list all member's names: the Marvin M. Rolllins, Jr. Living Trust & the Gayle B. Rollins Living Trust dated June 22, 2011 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 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroverty owner is different from Applicant. U Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n 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 7 Marvin M. Rollins,Jr. Agenda Item 2 Page 11 Disclosure Statement Viii 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 7 Marvin M. Rollins,Jr. Agenda Item 2 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) C Accounting and/or preparer of your tax return n Architect/Landscape Architect/ l/\' Land Planner Contract Purchaser(if other than rithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • X Construction Contractors CEngineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd. Financing(include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ 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 • 0 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 Marvin M. Rollins,Jr. Agenda Item 2 Page 13 Disclosure Statement Y ^f i . : 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 A •lication. L.., Marvin M. Rollins, Jr.,Trustee APPLICANT'S sic NATURE ✓JJ PRINT NAME DATE Page 5 of 7 Marvin M. Rollins,Jr. Agenda Item 2 Page 14 Item#2 Marvin M. Rollins,Jr. &Gayle B. Rollins,Trustees under the Marvin M. Rollins,Jr. Living Trust Modification of Proffers 601 Princess Anne Road District 7 Princess Anne May 11, 2016 CONSENT An application of Marvin M. Rollins,Jr.&Gayle B. Rollins,Trustee under the Marvin M. Rollins,Jr. Living Trust for a Modification of Proffers to a Conditional Change of Zoning from B-2 and Conditional B-2 Community Business District approved by City Council on December 10, 2002 on property located at 601 Princess Anne Road, District 4, Bayside. GPIN: 2308-89-6044-0000. PROFFERS 1. Proffers numbered 1 and 6 as contained in the 2002 Proffers recorded in the above referenced Clerk's Office as Instrument Number 200212233084230 is hereby deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "CONCEPT PLAN CONVENIENCE STORE CONVERSION AT MOTORIST WAYSIDE AT CREEDS,VIRGINIA BEACH,VIRGINIA,"dated February 18, 2016, prepared by Gallup Surveyors& Engineers, Ltd.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter "Site Plan"). 6. The Property shall only be utilized for the sale of fuel,convenience store, retail establishment, laundry mat and mini-warehouse as depicted on the Site Plan and no other uses described in the Zoning Ordinance as permitted or conditioned shall be allowed on the Property. 2. Except as expressly modified herein,all of the proffers,covenants, restrictions and conditions contained in the 2002 Proffers remain in full force and effect. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 2. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE Item#2 Marvin M. Rollins,Jr. &Gayle B. Rollins,Trustees under the Marvin M. Rollins,Jr. Living Trust Page 2 WEINER AYE By a vote of 11-0,the Commissioner approved item 2 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 4GA1•11A•BE,q�, `'o ', 0 L/O i.,._:::, CITY OF VIRGINIA BEACH • INTER-OFFICE CORRESPONDENCE Oji ;,, __:wV �-, + I, = - r,-gn',,F,ti s -2__, = 5 9 OF OUR Nov) In Reply Refer To Our File No. DF-9571 DATE: June 9, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. KayWilso> DEPT: City Attorney RE: Conditional Zoning Application; Marin M. Rollins Jr. & Gayle B. Rollins The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 21, 2016. I have reviewed the subject proffer agreement, dated April 13, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen / FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS MARVIN M. ROLLINS, JR. and GAYLE B. ROLLINS, Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011 MARVIN M. ROLLINS, JR. and GAYLE B. ROLLINS, Trustees under the Gayle B. Rollins Living Trust dated June 22, 2011 TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 13th day of April, 2016, by and between MARVIN M. ROLLINS, JR., and GAYLE B. ROLLINS, Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011 and MARVIN M. ROLLINS and GAYLE B. ROLLINS, Trustees under the Gayle B. Rollins Living Trust dated June 22, 2011, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.783 acres and described in Exhibit"A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify two (2) conditions applicable to the Property that is zoned Conditional B-2 Community Business District; and GPIN: 2308-89-6044-0000 Prepared by: R. Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantors have requested the Grantee to permit this modification of the Proffered Covenants, Restrictions and Conditions dated August 12, 2002, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 200212233084230 (hereinafter "2002 Proffers") to delete a permitted use and add a permitted use; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. Proffers numbered 1 and 6 as contained in the 2002 Proffers recorded in the above referenced Clerk's Office as Instrument Number 200212233084230 is hereby deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "CONCEPT PLAN CONVENIENCE STORE CONVERSION AT MOTORIST WAYSIDE AT CREEDS, VIRGINIA BEACH, VIRGINIA", dated February 18, 2016, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Site Plan"). 6. The Property shall only be utilized for the sale of fuel, convenience store, retail establishment, laundry mat and mini-warehouse as depicted on the Site Plan and no other uses described in the Zoning Ordinance as permitted or conditioned shall be allowed on the Property. 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2002 Proffers remain in full force and effect. All references hereinabove to the B-2 Community Business Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was 3 advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signatures and seals: Grantors: Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011 By: iil GUvv n pl. / o (SEAL) Marvin M. Rollins,Jr., stee t By: Q �)U, .ALX QJI.M 6 ) (SEAL) GaRollins,Trustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Ttle foregoing instrument was acknowledged before me this /66 day of April , 2016, by Marvin M. Rollins, Jr. and Gayle B. Rollins, Trustees under the Marvin M. Rollins, Jr. Living Trust dated June 22, 2011, Grantors. ,_��0u8uaa,,• oI*R. r .y 411 ., ; ' r... .,_. ,, , iifAtoPs:otr. Or Notary Public z i i277311 t I `n a COMMISS1011 =Z My Commission Expires: ii-30- �-4/' Sit•,!p 1 X19 Notary Registration Number: a 773l/ EMPI• 0 5 WITNESS the following signatures and seals: Grantors: Trustees under the Gayle B. Rollins, Living Trust dated June 22, 2011 By: 17narv,;v, ii'l. fin -. (S ) Marvin M. Rollins,Jr., rustee (SEAL) Ga 1: B. "ollins,Trustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: mp/ Th foregoing instrument was acknowledged before me this 13'x' day of r, I , 2016, by Marvin M. Rollins, Jr. and Gayle B. Rollins, Trustees under the Gayle B. Rollins, Jr. Living Trust dated June 22, 2011, Grantors. _Atasgesio% or......4 /.../(1.11 T 444 • 411) ,'"/A,♦ IILsy Putss*s li REG• / Notary Public s 28311 1 s = COMMISSION :.... EXPIRES =t Z 4/30/2019.41 My Commission Expires: 1 '34— 020/9 ss. Notary Registration Number: .2-1731/ 40),,,..........;, i . Nt 6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, in the Pungo Borough, near Creeds, being more particularly bounded and described as follows: BEGINNING at a point on the western side of State Route #615 at an iron pin where a large canal ditch intersects said Route 615; thence turning and running in a southeasterly direction along the western side of said Route 615 along the arc of a circle whose radius is 588.75 for a distance of 228.45 feet to an iron pin; thence running along a ditch South 85 degrees 29' West 188 feet to an iron pin; thence turning and running North 23 degrees 09' West 165.30 feet to a point in the center of said canal ditch North 67 degrees 30' East 150.0 feet to an iron pin the Western right of way line of State Route 615 the point of beginning; said parcel containing 0.75 acres, more or less. AND ALL THAT one-half(1/2) interest in a certain lot, piece or parcel of land, with the buildings an improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 1, containing 1.80 acres, as shown on that certain plat entitled "SUBDIVISION OF PROPERTY OAKUM CREEK ESTATES, PUNGO BOROUGH, VIRGINIA BEACH, VIRGINIA, dated July 10, 1996", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 254, at Pages 72 and 73. Reference to said plat is hereby made for a more particular description of said lot. GPIN: 2308-89-6044-0000 H:\AM\Mod of Proffers\Rollins\6oi Princess Anne Road\1st Amendment to Proffers.doc 7 ,., t ____- .,, J. 1'-- \ „.5, A 6 e r ,oc, „....,...„,....„ W ..,-- r \ C\ 1 A -- '-,:!•,_ 1- ---- \-----'ke i:. ,,... }........, . • wil ce: „ - ) ...._ . , ow c----1, L._, .,,,, CI` -:#4,A illiP1.-- [7 su il-V4V\ --), . ..'.. ..„ i ,..:. r•-• . . .•10 •-• • ••• lia iik. CNI\ I.': 115.J. Ne CI\ a 101111- *434) '' It ii i'- i., \ t [2, , 0 , \ 7 c4 .1,10 re- ;,,...____ \\ aot .WI- • ''' \ L-.3 )7 \_-------- . I -----../ CI ... ). ',..)--1 N •, 10 ... •___----2, ,---- Ca .. > . \44)e411°- 11111111i. \ , 1„...., \ - _ ., .. mr• .......-,-,e-1 e"-----4----- s'-'--. \ \ PA 141 _--- k„---"'"--- ,.... _\il \ \ , ..on ‘.-^"'---- ."."1".\ I SjAN 7 iii0 ........ u ' f04 V( �sg+ f s) c s °=, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRG CASCADES EAST, LLC [Applicant& Owner] Modification of Proffers to a Conditional Change of Zoning. 2120 Centerville Turnpike (GPIN 1464081786). COUNCIL DISTRICT—CENTERVILLE MEETING DATE: June 21, 2016 • Background: The applicant wishes to adjust the style and height of an entrance sign, as set in the recorded proffers approved by City Council on October 24, 2013, for an apartment complex along Centerville Turnpike. • Considerations: The existing proffer agreement limits the height of the sign to six feet. The applicant proposes a revised proffer to allow the sign to be up to eight feet in height. The proposed sign will feature a brick base and stone accents on each side and a "modern" signage face. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De• . • i en ' • -ncy: Planning Departme twitill City Manager. 9 Applicant & Property Owner BRG Cascades East, LLC Agenda Item Public Hearing May 11, 2016 City Council Election District Centerville 5 Virginia Beach Request Modification of Proffers to a Conditional a°'a °hr b4 M1'0,� c` 3 `0 Change of Zoning (B-2 Community Business and , eqo n„ t A-24 Apartment to PD-H2 (A-24 Apartment)) b"old e w7 o<< ; w���e o &axone Cmle or Staff Planner F Gunsi« % C' 14 Heald Way c Jimmy McNamara o4,, o n°'""' „� B s 'O,„e VCRp - 3 Location o '"”' °`` A ° 2120 Centerville Turnpike N. A 'f 3� ,� GPIN �k�f 4 "e Qn' ,Mots" 6 14640817863. Site Size1:a1 10.38 acres n ` P AICUZ City of Chesapeake . Less than 65 dB DNL Existing Land Use and Zoning District Construction of multi-family dwellings/ PD-H2 (A-24 Apartment) Surrounding Land Uses and Zoning Districts ; - North ' ' � ' ,;;;. ` Single-family dwellings/ R-7.5 Residential '� t a '..1014_..'..* -1 South Lynnhaven Parkway — ' Single-family dwellings/ R-7.5 Residential `�= ' %..° East Multi-family dwellings/A-12 Apartment West ll ` ,r:: Centerville Turnpike l Mixed retail and multi family dwellings/ B-4 �� �, �t tNe Yee c Mixed-Use - 'r f lye '�'jve`�P St'`"tet`1at‘� . , "/ J Y - • BRG Cascades East, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The purpose of this request is to adjust the style and height of an entrance sign, as set in the recorded proffers approved by City Council on October 24, 2013, for an apartment complex along Centerville Turnpike. • The existing proffer agreement limits the height of the sign to six feet. The applicant proposes a revised proffer to allow up to an eight-foot tall sign. • A change to the style of the sign is requested as well. The previous sign exhibit depicted a sign with a brick base and stone accents along each side. The new exhibit reflects a "modern" signage face design and retains the original brick base and stone accents. ® _ . Alpo.11 A-12 I Zoning History to 4WAPP ry ® ,. 4 #1 CRReZquBes2tandAla 12 to Conditional PD-H2 A-24)Approved Tii.D y 10/24/2013 ,- PD`H f SVR Approved 10/24/2016 n CUP(Driving Range and Mini-Golf)Approved 01/25/1994 ' 11/ ai REZ(R-6 to B-2)Approved 11/10/1975 ��,,,,, w �,,�'`,�� \\\� 2 MOD Approved 02/12/2008 ` tee 111t X 'ay \ CRZ(B-2 to B-4)Approved 12/12/2006 .p1 1 a-2 nab �\\ `` \ i 3 MOD Approved 10/23/2012 1a1 -- 1 7' --\ \' CUP(Daycare)Approved 08/13/2002 i \ \\ \ 4 CUP(Communication Tower)05/10/2005 — 1 R R`7-5*_ RsZ, :v Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Natural and Cultural Resources Impacts The subject site is located in the Southern Rivers watershed. There do not appear to be any significant natural or cultural features associated with this site. City Service Impacts No impacts to city services. BRG Cascades East, LLC Agenda Item 5 Page 2 Evaluation and Recommendation In Staff's opinion,the request to modify the size and style of the entrance sign to the apartment complex will have no bearing on the overall quality of the project. Staff recommends approval of the modification subject to the proffer below. Proposed Proffer Modification 1. Proffer Number 2 of the Original Proffers is hereby amended to state in its entirety as follows: "The freestanding signage located on the Property shall be monument style, be no taller than eight feet (8') in height with a brick or masonry base, shall comply with the provisions contained in the City Zoning Ordinance,as modified by variance(s)granted by the appropriate authority, and shall be substantially similar in design to that certain exhibit prepared by IDF Pensign, entitled "Centerville Entrance",a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council." Existing Proffer Agreement PROFFER 1: The single family attached (townhouse)and multi-family residential developments on the Re-zoning Parcel,when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Lorax Design Group, entitled "Land Plan", dated April 15, 2013 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The freestanding signage located on the Re-zoning Parcel shall be monument style, shall be no taller than six feet(6') in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s)granted by the appropriate authority.The freestanding signage located on the Re-zoning Parcel shall also be substantially similar in design to that depicted on the exhibit prepared by Lorax Design Group,entitled "Entry Sign Elevation",dated April 15,2013 (the "Entry Sign elevation"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The architectural treatment, size, and quality of the multi-family residential units constructed on the Re-Zoning Parcel identified as Buildings A-1 and A-2 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture,entitled "Apartment Elevation—Back," dated April 30, 2013,a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. BRG Cascades East, LLC Agenda Item 5 Page 3 PROFFER 4: The architectural treatment, size, and quality of the multi-family residential units constructed on the Re-Zoning Parcel identified as Building C-1, C-2 and C-3 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Carriage Home Elevation—Front/Town Home Elevation—Back," dated April 30, 2013 ("the Single Family Elevations"), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The color scheme of the single-family attached (townhouse) units constructed on the Re-Zoning Parcel identified as Buildings T-1 through T-9 on the Concept Plan ("the Townhouses"),when developed, shall be earth-toned and shall be complementary to that of the multi-family residential units constructed on the RE-Zoning Parcel.. PROFFER 6: The architectural treatment,size, and quality of the Townhouses,when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled "Town Home Elevation—Front/Carriage Home Elevation—Back," dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council.The architectural treatment of the Townhouses may be modified so long as the number of stories of each Townhouse is not increased or decreased,the pedestrian and vehicular access to each unit remains the same, and the building materials remain of the same or higher quality as that shown on the Single Family Elevations. PROFFER 7: Grantor shall construct on the Re-Zoning Parcel,when developed,a clubhouse facility(the "Clubhouse")containing meeting space and recreational amenities.The architectural treatment,size,and quality of the Clubhouse shall be in substantial conformity with the conceptual renderings prepared by J. Price Architecture, entitled "Clubhouse Elevation— Front/Clubhouse Elevation—Back,"dated April 30, 2013,(the "Clubhouse Elevations"), which Clubhouse Elevations share the same sheet as the Single Family Elevations. Copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 8: Grantor shall provide landscaped entrance features at the two (2)vehicular entrance points serving the Re-Zoning Parcel substantially as shown on the exhibits prepared by Lorax Design Group, entitled "Lynnhaven Parkway Entry Feature Plan," (dated April 15, 2013), and "Centerville Turnpike Entry Feature Plan," (both dated April 15, 2013), (together the "Entrance Feature Plans"), copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 9: The design, height, and materials used for fencing within the yards adjacent to Lynnhaven Parkway shall be in substantial conformity to the fencing depicted on an exhibit entitled "Lynnhaven Parkway Streetscape Cross Section" prepared by Lorax Design Group, and dated April 15, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 10: Fencing within the yards between the Townhomes and the internal lake developed on the Re-zoning Parcel shall not be in excess of four feet(4') in height(excluding fence posts,which shall not exceed six feet(6") in height),and shall have an open design. PROFFER 11: The green-shaded areas(the"Open Space Area") depicted on the open space plan prepared by Lorax Design Group, dated April 15, 2013,entitled "Open Space Plan" (the "Open space Plan"), shall be subject to recorded restrictive covenants that restrict the use of such areas for any purpose other than recreation,open space, and stormwater BRG Cascades East, LLC Agenda Item 5 Page 4 management facility use. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty(50)years.The covenant shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for any building on the Re-Zoning Parcel is issued or any subdivision plat affecting the Re- Zoning Parcel is approved. PROFFER 12: Grantor shall submit a rezoning petition to rezone the Open Space Area to P-1 Preservation District, as defined in the CZO, prior to the date any subdivision plat affecting the Re-Zoning Parcel is approved. PROFFER 13: That portion of the Open Space Area that is located north of the 40' Right-of-Way depicted on the Open Space Plan shall be owned and maintained by the owner of the multi-family residential units constructed on the Re-Zoning Parcel.The remainder of the Open Space Area shall be owned and maintained by the homeowners" association made up of owners of the Townhouses(all of which owners shall be members of such homeowners' association). PROFFER 14: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 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. BRG Cascades East, LLC Agenda Item 5 Page 5 2013 Approved Entrance Sign Exhibit zN Q ----may I- N In W` S i.--2, `-� tn In ln X .--I�-- ', .t " t F _ ,t, 77„ -,- __ _ r 4 . I . ,. �'� W r. 0 g _._ _ ,n , N 4) '� ,, ._ i in N--( C b N E ��' = UI c q . 111:16 o N a p C.,:t4 N 4 al, ih` --c*C---1:2 ; - . illf-'1.14 ; '.. � i] 1I. o C s BRG Cascades East, LLC Agenda Item 5 Page 6 Proposed Entrance Sign Exhibit 0 0- w ° N 00 0) J M S 0) a) W 0 _c >. Zo ' , , F- ' " I'I' i z c, __. .+_, m W V ..,• , ° . 3 zul LU W o ° Q J I ¢o cc a z Z 0_ — .E ; w ( w Q J - S CO ' - Z H ° ° CC F— — co is CD n U rn J W a iiiimmm 0 W W 4 , o W' ul G V W V 6• ZJ soOF.. ,..„ .., ,.„ ::.,„,. ,, ,..„..., , , ..,......, ,,,,,,, _ , ..i.i.,„ .,..„ _ r.:. . ..,_, 4 �� pw-$ -- , - 0 J ::2; 1 . , , ,, • , .._ E a. �� z LL¢ wm OLL Q� W W5m 0 u. Q> > gym¢ x za d0. ZQJ } a 1 W n.o ZQ N> a oo z 4,11,:; o !f °-(3W6m K ,,, .r, Pit BRG Cascades East, LLC Agenda Item 5 Page 7 Site Photos Vc. ,1 Y• / ' / i-,..,,,,.,,,„ y Y y .1 ,4 Y \t5 ---,A;;,,,,;„ �x �� Jt �Rqt�. �� T Rir�k .}t � jrf gr,: r-� 9 I 1 . ;,, ,„. . , •,,,...,,, ..,. ,, , ....,,,,,,, ._, ,...,„„, . ..;1,1, i, ....„,r4 I il . ... „ ,_ . i , .i . ; ,, . ,,, .,,, , , 1 A , •�; .aiOh�� .t. " ; --viii.- .i.r nam ,10La.©e' „' r BRG Cascades East, LLC Agenda Item 5 Page 8 Disclosure Statement )1130ty of Virginia Beach APPLICANT'S NAME BRG Cascades East, LLC 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 0 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 disclosures must he updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applications} o APPLICANT NOTIFIED OF HEARING DATE r ® NO CHANGES AS OF DATE //�J/ tin ▪ REVISIONS SUBMITTED DATE ! BRG Cascades East, LLC Agenda Item 5 Page 9 Disclosure Statement CiCr N 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:Please see attached. If an LLC, list all member's names: Please see attached. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • 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 7 BRG Cascades East, LLC Agenda Item 5 Page 10 Disclosure Statement 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) "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 7 BRG Cascades East, LLC Agenda Item 5 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) El " Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ IDF Pensign Land Planner ❑ Contract Purchaser(if other than the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ Engineers/Surveyors/Agents Timmons Group Financing (include current ❑ ��/r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Troutman Sanders LLP El Legal Services Real Estate Brokers / 0 Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ' an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 BRG Cascades East, LLC Agenda Item 5 Page 12 Disclosure Statement yrF 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, VEDA meeting, or mee ing of any public body or committee in connection with this Appiiw ' n. APPU N SIGNA URE PRINT NAME DATE Page 5 of 7 BRG Cascades East, LLC Agenda Item 5 Page 13 Disclosure Statement Modification of Conditions Application of BRG Cascades East,LLC Applicant Disclosures (A)List the Applicant's name followed by the names of all officers,directors,members,trustees, partners,etc.,below: 1. Applicant's Name:BRG Cascades East,LLC 2. Members of BRG Cascades East,LLC: a. BWF Cascades East,LLC:Its Member: i. Bonaventure Wealth Fund,LLC(Sole Member):Its Members 1. Dwight D.Dunton III(Manager) 2. Chris Cobb(Vice President) 3. JP Hyland(Vice President) b. Lillel Farms,Inc.:Its Officers i. Edward Hewitt(President/Treasurer) ii. Sara Hewitt(Vice President) iii. Shauna Firman(Secretary) c. Marlyn Development Corporation:Its Officers i. M D Jester(President) ii. Hussein A.Easmeil(Vice President) iii. Christian H.Gardner(Vice President) iv. Brian L.Staub(Executive VP/Secretary/Treasurer) v. Scott A.Troutman(Vice President) (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: 1. Bonaventure Realty Group,LLC 2. Bonaventure Property Management Services,LLC 3. Bonaventure Wealth Fund,LLC 4. Marlyn Development Corporation 5. Veridian Homes,LLC 6. Lillel Farms,Inc. 2$003811v1 BRG Cascades East, LLC Agenda Item 5 Page 14 Item#5 BRG Cascades East, L.L.C. Modification of Proffers 2120 Centerville Turnpike District 1 Centerville May 11, 2016 CONSENT An application of BRG Cascades East, L.L.C.for a Modification of Proffers to a Conditional Change of Zoning approved by City Council on September 24, 2013 on property located at 2120 Centerville Turnpike, District 1,Centerville. GPIN: 1464-08-1786-0000. PROFFERS 1. Proffer Number 2 of the Original Proffers is hereby amended to state in its entirety as follows: "The freestanding signage located on the Property shall be monument style, be no taller than eight feet (8') in height with a brick or masonry base, shall comply with the provisions contained in the City Zoning Ordinance,as modified by variance(s)granted by the appropriate authority,and shall be substantially similar in design to that certain exhibit prepared by IDF Pensign, entitled "Centerville Entrance", a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council." A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 5 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. `4GlNIA. F--Ak. Ac CITY OF VIRGINIA BEACH u °�, \ ,cl'v . , - ,_ , , . INTER-OFFICE CORRESPONDENCE c. off= *--,--.: -/y',•+- °, :our, No\o In Reply Refer To Our File No. DF-9570 DATE: June 9, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wi DEPT: City Attorney RE: Conditional Zoning Application; BRG Cascades East, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 21, 2016. I have reviewed the subject proffer agreement, dated February 25, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 MODIFICATION OF CONDITIONS AGREEMENT THIS MODIFICATION OF CONDITIONS AGREEMENT (this "Agreement"), made this (16 '`lay of p,r� , 2016, by and between BRG CASCADES EAST, LLC a Virginia limited liability company ("BRG") (to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, BRG is the owner of the real property described on Exhibit A attached hereto (the"Property"); and WHEREAS, on July 30, 2013, the City of Virginia Beach conditionally re-zoned from B-2 and A-24 to Conditional A-24/PD-H2 the Property, subject to certain proffered covenants, restrictions, and conditions set forth in the Agreement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument No. 20130927001160720 (the"Original Proffers"); and WHEREAS,BRG desires to modify the design of the freestanding entrance signage located at Centerville Turnpike and Lynnhaven Parkway in a manner that differs from the terms specified in the Original Proffers; and WHEREAS, BRG desires to amend and modify one of the covenants, restrictions, and conditions set forth in the Original Proffers by deleting proffer number 2 of the Original Proffers and substituting the proffer numbered 1,below; and WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, BRG for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property, and hereby covenant and agree that the terms of this declaration shall GPIN Nos.: 1464-08-1786-0000 28004194v2 constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through BRG, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. Proffer Number 2 of the Original Proffers is hereby amended to state in its entirety as follows: "Any freestanding signage advertising the uses on the Property shall be monument style, be no taller than eight feet(8') in height with a brick or masonry base, shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority, and shall be substantially similar in design to those exhibits prepared by IDF Pensign, entitled "Centerville Entrance" and "Lynnhaven Entrance", copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council." The covenants, restrictions and conditions set forth above, having been proffered by BRG and allowed and accepted by the Grantee, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions;provided,however,that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. BRG covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings;(2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, BRG shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of BRG and Grantee. 28004194v2 BRG CASCADES EAST, LLC, a Virginia limited liability company: 114/ By. rc t. gveSEit�l,"f Title: �/ Date: ( 7'5 6 STATE/COMMONWEALTH OF GMT/COUNTY OF l to wit: The foregoing instrument was sworn to and acknowledged before me this a s&day of 6C,.c.c -y, 2016, by J A 1� -.c� , on behalf of BRG Cascades East, LLC. He is either personally known to me or has produced Oc /ire-.se as identification. d 2016. MONiv• %� Witness my hand and official stamp or seal this ds day of Fc �ww.y , ��off' Fq�FO , V ti :REGISTRATIONNO.'•• y 7 620474 :� '‘ iMY COMM.EXPIRES: °�•�i 08/31/2018 Notary Public (SEA4,� �lA/RP Y 111100' v'''\\``�� ii My Commission Expires: (9K/31/o-O/$ Registration Number: 7 (' a 0 L!7 y 28004194v1 Legal Description of the Property All that certain lot, piece or parcel of land located in the City of Virginia Beach, Virginia, and being known numbered and designated as "Parcel A-1, 451,301 S.F., 10.360 AC.", on that certain plat entitled, "INFINITY SUBDIVISION OF PARCEL A, PROPERTY OF LILLEL FARMS, INC., A VIRGINIA CORPORATION", dated October 24, 2014, prepared by Landtech Resources, Inc., Engineering— Surveying— GPS, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia s Instrument Number 20141209001156990, reference to which is hereby made for a more particular description of said parcel. TOGETHER WITH appurtenant easement(s) contained in Declaration and Deed of Easement Infinity Project Easements from Lillel Farms Inc., dated December 1, 2014, recorded as Inst. #20141209001157170. TOGETHER WITH appurtenant easement(s) contained in Deed of Easement and Declaration of Protective Covenants and Restrictions recorded in Inst. #20141209001157230. IT BEING a portion of the same property conveyed to Lillel Farms, Inc., by deed from William E. Wood, Jr., and Anne Wood, husband and wife dated August 6, 1973, recorded in the Clerk's Office aforesaid in Deed Book 1395, at page 476. 28004194v2 ._, --„_...,,-,,,,,,\\,\,:: .�\ -\., / =,----...,,,,, / 4., ....... ':1,/ / L. N , .....4._" / , tijLC { wy' \ :::\.\\<. ' , • / •- \\', \'‘, N\ . • N „.. „<- 14, \\..,,, \\I * \ _! \�' _,,„ ..• 5------ I ''''N r"F� \, . , .. \. `\y `\\ -41:100- BT ! , OR: \ rte (� �., r 'i. � ,t\ � \ ��Y'k.,r' k, ., '\� \\ \ ' '' '\\': / . \ , , :\s,, lei x.1/44#4"' ''r:1 z ....N. \ \ ti L / .` '� , ;4+ .. 4 fir ,..40 \, \ ' r =1 \ 14i1"tt.\\‘ _ /s / \\ / / CZ / �H1 Oh�7 ~r:- :::- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHARLES & KELLY PLAZA [Applicant & Owner] Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility. 2122 Thackeray Lane (GPIN 2414470895). COUNCIL DISTRICT—PRINCESS ANNE MEETING DATE: June 21, 2016 • Background: The applicant requests a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for orphaned raccoons. Animals are typically on the site for a period of four months. Animals are kept within the single-family dwelling for a majority of that time. Prior to release, the raccoons will be contained within a 100-square-foot, pre-release structure located in the southeastern corner of the backyard for a period between four to six weeks. The structure is completely enclosed with 18 grade hardware cloth and screening. The applicant is in the process of adding a secondary security door to provide additional protection measure to further prevent any animals from escaping. • Considerations: The applicants are licensed with the Virginia Department of Game and Inland Fisheries (VDGIF) as Category I Wildlife Rehabilitators. The primary goal of the applicants' care of these animals is to return the orphaned animal to their natural habitat as quickly as possible. Licensed rehabilitators are subject to periodic inspections conducted by the VDGIF. Written opposition to this request was received. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to recommend approval of this request to the City Council with the following conditions: 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Center. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. The applicant shall maintain the existing six-foot high privacy fence, enclosing the backyard such that all activity associated with the Home- Charles & Kelly Plaza Page 2 of 2 Based Wildlife Rehabilitation Center and the pre-release facility are screened from view from the right-of-way and all adjacent properties. 4. No animals shall be released on the subject site or within the neighborhood after being rehabilitated. 5. A secondary security door area shall be added to the pre-release facility depicted on the site layout prior to occupancy by any animals. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 8. All animals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 9. No more than five (5) animals being rehabbed may be on site at one time. 10. 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, 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 and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. 4Submitting Depa• -nt/- • -ncy: Planning DepartmeVi�! City Manager: Applicant& Property Owner Charles & Kelly Plaza Agenda Item Public Hearing May 11, 2016 City Council Election District Princess Anne I. 0 Virginia Beach Request 70-75 dB ONL Brahms()me G a Conditional Use Permit (Home-Based Wildlife r,3� o "d'� ��� "��°'�e n k• e Rehabilitation Facility) s I Fa ! m zb c'e�i r ,,e Staff Planner I z e e Schubert Do. Bcr T C * �, Pu+d reo''vp Jimmy McNamara ta,oner e .' rt. ' 1 / Location a ," 2121 Thackeray Lane r3 R 7°'. d, 1y GPIN 65-70 dB O'L a° Codeon Road R.ng6o4d Road 2414470895 :3•* P We"6w"• Q 1O• ,f` ,.Site Size °ter ," ,cA f se 0.49 acres °`'�e �° ,_ N Pio AICUZ at."44 '^mom 65-70 dB DNL; Sub Area 2 F esu "a " �k'� s C'"B 4` Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential Surrounding Land Uses and Zoning Districts r .d{- _ North µ'`' 1 r Single-family dwelling/R-10 Residential �, ; ll0 '' South 4 1 , s) 1», _ y" Single-family dwelling/ R-10 Residential ' 4` 1-,.;1 + „ t. tt ; e East L,4 ° Single-family dwelling/R-10 Residential .,- \ f. ��o West ,,� .;,y 'lift / Single-family dwelling/R-10 Residential ow -, c d / J Charles& Kelly Plaza Agenda Item 10 Page 1 Background and Summary of Proposal • The applicants request a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Center to care for orphaned and injured wildlife. • The applicants desire to provide care for squirrels, possums and raccoons. According to the application,they will only care for newborn animals that are orphaned. No older animals will receive care. Animals are typically on the site for a period of four months. The animals will be cared for within the applicant's dwelling for a majority of that time. • The primary goal of the applicants' care of these animals is to return the orphaned animal to their natural habitat as quickly as possible. • The applicants are licensed with the Virginia Department of Game and Inland Fisheries (VDGIF) as a Category I Wildlife Rehabilitators. Proof of rabies immunizations are on file with the VDGIF. • Prior to release,the animals will be contained within a 100-square-foot, pre-release structure located in the southeastern corner of the backyard. The seven-foot tall, wood-frame structure is completely enclosed on all sides with half-inch, 18 grade hardware cloth and screening. The applicant is in the process of adding a secondary security door area to provide additional protection measures to further prevent any animals from escaping. The applicants state they have followed the VDGIF recommendations for materials and specifications for the pre-release structure. Animals will typically be contained in this structure for a period between four to six weeks. • Animals are referred to the applicants from animal control. The applicants are the only people associated with this wildlife rehabilitation service. Animals in need of rehabilitation are transported to the site by vehicle, and after rehabilitation,the animals are again transferred by vehicle,to their natural habitat and released. No animals will be released from the site. \ • 70.75 deDNL R10 c r to � ;r r 65.70tl8DINL Oi • No Zoning History to Report 0 I b� Q� R 7.5 ,4 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Charles& Kelly Plaza Agenda Item 10 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character,economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area.The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area.Achieving the goals of preserving neighborhood quality is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings;quality and attractiveness of site and buildings; improved mobility; environmental responsibility; livability; buffering of residential from non-residential with respect to type, size and intensity;and relationship to the surrounding uses. (pp. 3-1 through 3-3) Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street*erne Present Volume Present Capecitv fieeetatedTrOle. Thackeray Lane No Data Available 9,900 ADT 1(LOS 4"D„ Existing Land Use 2-10 ADT Proposed Land Use 3-20 ADT 'Average Daily Trips 2 as defined by single-family Sas defined by single-dwelling and 4 LOS=Level of Service dwelling animal rehabilitation center Public Utility Impacts Water There is an existing four-inch City water line on Thackeray Lane. The site is currently connected to City water via an existing 5/8-inch water meter(City ID#95143251). Sewer There is an existing 8-inch City gravity sanitary sewer main on Thackeray Lane. This site is currently connected to City sewer. Evaluation and Recommendation This Conditional Use Permit request for a Home-Based Wildlife Rehabilitation Facility is compatible with the neighborhood and consistent with similar wildlife rehabilitation requests within the Suburban Area and the land use policies of the Comprehensive Plan. The applicant has been made aware of the ten standards identified in Section 242.3 of the Zoning Ordinance for wildlife rehabilitation facilities within a residential setting. The applicant has submitted proof of licensure,and during a recent site visit,Staff found the property very organized and well-kept. The existing six-foot tall,wood fence and vegetation provide sufficient screening for the adjacent properties from the pre-release structure. The structure is not visible from any public right-of-way. According to the submitted site plan,the structure's location adheres to all setback requirements in the R-10 zoning district. Additional security will be provided once a secondary secure area with a door is installed. According to the applicant,the pre- release structure is built to VDGIF recommended standards. Charles& Kelly Plaza Agenda Item 10 Page 3 Based on the considerations above,Staff finds this request to be an acceptable use and recommends approval of the request subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Center. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. The applicant shall maintain the existing six-foot high privacy fence, enclosing the backyard such that all activity associated with the Home-Based Wildlife Rehabilitation Center and the pre-release facility are screened from view from the right-of-way and all adjacent properties. 4. No animals shall be released on the subject site or within the neighborhood after being rehabilitated. 5. A secondary security door area shall be added to the pre-release facility depicted on the site layout prior to occupancy by any animals. 6. Animal waste shall be removed daily in a lawful manner. 7. All animals shall be properly and humanely contained either in the dwelling unit or within the pre-release structure. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. 8. All animals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 9. No more than five (5)animals being rehabbed may be on site at one time. 10. 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, 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. Charles& Kelly Plaza Agenda Item 10 Page 4 Proposed Site Layout THIS IS TO CERTIFY THAT I, ON MAY 11, 2005, SURVEYED THE PROPERTY SHORN HEREON AND THAT THE TITLE LINES AND PHYSICAL IMPROVEMENTS ARE AS SHORN HEREON. THE IMPROVEMENTS STAND STRICTLY RiTHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS EXCEPT AS SHORN. SIGNED-....010,-047.40‘4%.4> NOTE THE PROPERTY SHOWN HEREON APPEARS TO UE IN'X'FLOOD ZONE(AREA DETERMINED TO BE OUTSIDE 500-PEAR FLOODPLAIN)ACCORDING TO F.EM.A.MAP PANEL NO. '.8'OUT 515531-0050E,REVISED DEC.5. 1996. f) QnC 3 lA•'y`Y ).\\ n. a\' S Vs j� \ p ���/y c. y ;A S ` \�3 4d• O..C. "'" '',sea-pro, \ W �.T F�'�!/ @ k,- 3C.L. ' 5'DRAINAGE&� \ UTIUTY ESMT \ 799.. 0.8.2621 P0.1036 6 ` \ WELL H ° \ \ OwUSaEe \ \ 0.1'OUT \ & s. \\ LOT 12 �� 0. \ 1G.2' / co 6'WOOD FENCE r#riiAiri 1 / „�i.^ \ a=-„y.r.r0 .1 NN 1” / 0.3'OUT 1 STORY h' / � FRAME ��, �zlzt p .S . 0.2'OUT LOT 13 in. 1 "- : 111101.:•' �":r•i.� q LOT 11 ?X, o Rk x=46.37' . 8.50.00' THACKERA Y LANE‘ � (50'R/w) )-p PHYSICAL SURVEY ``1/4 OF LOT 12, BLOCK E SUBDIVISION OF OCEAN LAKES SECTION ONE40,.E1.TH 0 PRINCESS ANNE BOROUGH p'�' �p DATE MAY 11.2005 VIRGINIA BEACH, VIRGINIA A WARD M.IIULM c� SCALE: 1'- 30' FOR O CER16ICAIE No, NOTE: FSEE OR PL621 1026-lost CHARLES J. PLAZA do ''� uoa VA.BEACH, VA. KELLY A. PLAZA Y G z oOP LAND SURVEYOR, P.C.. 44' vaq° 9225 GRANBY STREET ^- NORFOLK. VIRGINIA 23503 DRAWN 8Y: DVN 75T-480-1230 PROJECT NO.051041 709/1/ Cr r.,/6) Charles& Kelly Plaza Agenda Item 10 Page 5 Zoning Ordinance Requirements for Home- Based Wildlife Rehabilitation Centers Sec. 242.3.-Home-based wildlife rehabilitation facility. Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1)Adequate food and water; (2)Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size,species, and weight; (3)Adequate exercise; (4)Adequate lighting; and (5)Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c)Only species for which an operator holds current state and, if applicable,federal permits shall be kept in such a facility for more than twenty-four(24) hours.All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility within twenty-four(24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty(180)days. (f)All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise,or other conditions deemed by the zoning administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach.The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste,shall be conducted daily in accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach. (i)All structures, buildings,or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty(20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight(8)feet in height. (j)There shall be no signs pertaining to the use on the property other than one(1) non-illuminated sign, not to exceed one (1)square foot in area,that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned,or displaced wildlife. Charles&Kelly Plaza Agenda Item 10 Page 6 Site Photos r , A Tiff 44. AdWIPPIP fp i I At 1 is *tiff/ 1 , e .' ',..- I., _ ...41 .:‘ ; .rfr,r j roe, Ate Charles & Kelly Plaza Agenda Item 10 Page 7 Disclosure Statement Virginia Reach APPLICANT'S NAME: Charles& Kelly Plaza 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 I Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use 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 Page 1 of 5 I 0 . . cil r6. - Charles& Kelly Plaza Agenda Item 10 Page 8 Disclosure Statement / Virginia Beach [2(Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. CCheck here if the APPLICANT_15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: ..__ . 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) (B) List the businesses that have a parent-subsidiary l or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 ♦ • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant. 0/ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. ElCheck 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 Charles& Kelly Plaza Agenda Item 10 Page 9 Disclosure Statement Niii3. .„ Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I 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 subiect of the application or any business operating or_to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Charles& Kelly Plaza Agenda Item 10 Page 10 Disclosure Statement 11/4B Virginia Beach YES NO 1 SERVICE [PROVIDER(use additional sheets If needed) n n Accounting and/or preparer of your tax return I-1 I�1 Architect/Landscape Architect/ �! Land Planner Contract Purchaser(if other than 71 the Anolicant)-identify purchaser and purchaser's service providers Any other pending or proposed C E purchaser of the subject property (identify purchaser(s)and Elpurchaser's service providers) Construction Contractors 1)-(1 Engineers/Surveyors/Agents Ward M. Holmes Financing(include current Pv `' ' fs. ...0, cs. [- I mortgage holders and lenders l selected or being considered to (;), 64-m Ao talE- provide financing for acquisition t4"Wir.46 E or construction of the property) ri 0 Legal Services _ Real Estate Brokers/ ._.____ _____._.____._� 0 © Agents/Realtors for current and anticipated future sales of the subject property • e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El IUI 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 Charles& Kelly Plaza Agenda Item 10 Page 11 Disclosure Statement Ani3 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. ��j.�j' 4+,a^.t �j C hA,if--- .1 1'jl, A {���((yk I '.' rri�_ '�_ __ kt lIy A. l�lRe4 .2-..z •/fe, APPLICA 'S IGNATURE r — PRINT NAME DATE (�1+�LrCt , _._.. C,.nrfrtiv7 ��l4ien L ti iwl _- ell_ jI Phi 4 i, a'tf_1 PROPERLY O ,ER'S SIGNATWE PRINT NAME I DATE Page 5 of 5 Charles& Kelly Plaza Agenda Item 10 Page 12 Item#10 Charles and Kelly Plaza Conditional Use Permit 2121 Thackeray Lane District 7 Princess Anne May 11, 2016 REGULAR Jeff Hodgson: the next order of business is to hear the next 3 or 4 items. Let me give everyone a second to walk out. Jan, if you would, please call the first item? Jan Rucinski: The first item to be heard today is item 10,Charles and Kelly Plaza. An application for a Conditional Use Permit(Wildlife Rehabilitation)on property located at 2121 Thackeray lane, District 7, Princess Anne. Would you please state your name for the record? Kelly Plaza: Hi, I'm Kelly Plaza and this is my husband Charles. Let me put my glasses on. I going to read this because, I get very nervous speaking in front of people. Jan Rucinskl: That is fine. Kelly Plaza: We were looking for something to volunteer and we had heard that every once in a while life was looking for people to help with yard work. She didn't want us to help with that but she told us about rehabbing. We began to rehab different species but that was clearly more than we wanted to take on. We just wanted to keep things very low key. Since, we both had our preventative rabies shots already,we decided to only do raccoons. I want to specify here we only do orphan babies. We do not do adults.We do not do wild. We do not do injured,only orphan babies. We turned rooms in our home into a nursery. There are several cages of various sizes along with all the paraphernalia that is necessary to care for them. They stay in this room from the initial intake for feeding,etc., until they are moved to the pre-release enclosure where they stay for several weeks, before we take them to an isolated safe location for their release. Prior to moving them outside,we do Parvo and several vaccinations on them, which is above and beyond state guideline regulations. We do have a wild life vet, Dr. Sean Beck at Beach Pet Hospital that works with us, if needed. If we do need to transport the babies to him,we always do so in carriers.We take them into the nursery. We shut the door. We move them to carriers and they stay in there until they are in the exam room at the vets. We have situated the outdoor enclosure.This was a big thing for us. We situated the upper enclosure at a location which is fairly isolated. We wanted a place that would be the best for everybody, us,the neighbors, all the animals. The neighbors can barely see it. None of the neighbors can see it except for a tiny bit due to a 6-foot privacy fence and probably due to very heavy and tall foliage. That is why we picked that location. We made it aesthetically pleasing with siding that matches our house and our detached garage, and it looks more like a workshop than a cage. We are in the process of completing and adding a secondary security door that will have self-closing hinges and locks. We planned to have that finished before today, but I ended up having emergency surgery and that threw everything off. It will be completed before we go before City Council and we will have pictures of the secondary door,the hinges and the locks. We have no issue in doing this at all for security reasons but I do want people to know that when you take animals like this,especially raccoons which are very intelligent and you raise them from babies,they Item#10 Charles and Kelly Plaza Page 2 think we're mom and dad. They don't try to escape. Wild ones will do everything they can to get out. Babies don't. They will literally follow you around like a puppy dog. So, I just want to point that out because most people don't know. They think everything is going to try and get out. We have the enclosure that is done with two layers. This is the first layer and then there is a 2 x 2, and there is an additional layer and then it is screened for insects.Sorry, 2 x 4. So, it's got this one then a 2 x 4, so there is a double layer. And they can't get through this stuff. Chicken wire is another matter, but this they can't get through. We have four letters of support here from neighbors. We do understand that two neighbors have concerns regarding their dogs. We do inoculate,which addresses one concern. The other concern is barking dogs. We have the,this thing that someone from the City gave us, and it shows where the houses are. The one neighbor that is opposing, he shares this much of the fence. It is a minute spot. We also have pictures that show that unless he literally comes back and climbs up over, it's a dual fence, his and ours. And unless he climbs up over it, and even then he can't see through the foliage. And we have pictures here that show from alternate angles where the enclosure is, and how thick the foliage. And that you cannot see it. We also have a four-foot privacy fence all around the enclosure. Jeff Hodgson: Can you pass those around? Kelly Plaza: Sure. Do you want to see the letters of support? Jeff Hodgson: Sure,you can pass them around. Kelly Plaza: And one of these letters of support,the house is directly beside what he is opposing, and they share this much fence line with us, as opposed to this minute amount. And the concern about the barking dogs. We have four dogs ourselves. Our dogs do not even bother with raccoons. I know some probably would but people need to keep in mind that we do have everything fenced and as you will see from the pictures,and also raccoons are nocturnal. They will sleep during the day. They are only active at night when the dogs are in the house. The other thing, I debated on whether to talk about this because not knowing better when we started this wildlife and not being trained properly and being told proper procedures. Last summer we had five raccoons in our enclosure the entire summer. Nobody knew. We did not find out until the end of the season that it was not allowed and we immediately removed them and it has been empty ever since. She is laughing at me now. Nobody knew what was going on there because it is quiet and we kept it clean. Raccoons use a litter box. I don't know if people know that. They use a litter box just like a cat,so it is cleaned every day, sometimes twice a day. And if there are any concerns,we'll be happy to answer them.That is all that I have. Jeff Hodgson: Are there any questions for Ms. Plaza? Ms.Oliver. MULTIPLE CONVERSATIONS AT THE SAME TIME Dee Oliver: When you referred to the neighbor that wrote the letter,show us where he is. Kelly Plaza:The one who wrote the letter opposing? Dee Oliver: Yes ma'am. Kelly Plaza: Okay. If you see that little corner there that is what he shared with us. I can show you a little better. Our enclosure is in the back part. Item#10 Charles and Kelly Plaza Page 3 Dee Oliver: This one shows it better. Kelly Plaza: This piece right there. He shares that. Dee Oliver: And your enclosure is here? Kelly Plaza: Our enclosure is back over here. It is in the back part and it is the only place where there is foliage all around but he only shares that much fence and in the pictures you can see. Jeff Hodgson: Sir,there is a pointer here, if you could use the pointer? Charles Plaza: This house. This is the letter from the neighbor that wrote the supporting letter. And this is the other house that is in opposition. Bob Thornton: That is where the house is going? Charles Plaza: That is his privacy fence right here. And you really can't see his house over there or our house. Jan Rucinski: Can you speak into the mic so we can hear you? Thank you. Charles Plaza: I'm sorry. But we chose the area because of isolation. If we move it out in the middle of the yard everybody sees what's going on. This right here is isolated. We never had a problem with his dogs barking because raccoons won't play with the dogs in the first place. Second, my wife says raccoons are active in the evening. When we say active, all they do play on their toys that we have there. Swing rope,tire,old tree logs or they nest. During the day,they are all nesting, so I've never heard their dogs barking at our raccoons. Kelly Plaza: They bark at squirrels, possums. Charles plaza: Their dogs bark at other raccoons. There is wildlife in our area. Does this attract wildlife? We have never had anything attracted to our enclosure since we've put it up,even when we heard the raccoons in there last year, no one even knew. Jeff Hodgson: Mr. Ripley? Ronald Ripley: Can you readdress why you located in that location because when I look here, I look at the subdivision lot being in that location, it becomes approximate of five other lots. Is it up close to your house, it might be approximate for maybe one lot, so it looks like to me that your location, and I heard what you said about isolating but it looks like to me it conflicts with five other lots located where you're located it. So,can you kind of justify that for me please? Kelly Plaza: Well,that is the only place. Basically we wanted to have a separate path to keep our dogs away too because technically they are enemies and we are not supposed to let our dogs associate with the raccoons because when they get release in the wild, they need to know that dogs are natural enemy. It is the only place that had enough room to put a fence against our other fence because our fence goes around like this, and back at the corner is the only place where we could put a 4 foot tall fence from here and across like that if you see how our property is set up. Otherwise,there is really no way. Item#10 Charles and Kelly Plaza Page 4 Charles Plaza: It is a weird layout. Kelly Plaza: When you come out of the west side of our house,you come in through a 10-foot gate, which is where we have to come do mulch and all that. There is no place over there to do it. We could put on the other side of where it is now, but then everybody can see it. So,we chose where nobody can see anything through the foliage and the raccoons are protected. We have talked to all of our neighbors and nobody except for those two we've never met in ten years. But all of the other neighbors know us, and nobody has no opposition and we're truly never affected, and if anybody had an issue especially when they didn't know they were there last year. Ronald Ripley: We haven't heard any opposition yet but when neighbors complain and they have a right too. Kelly Plaza: Oh yes,yes. We just want to address their concerns and let them know. Ronald Ripley: The purpose of the Conditional Use Permit is trying to figure out if it is compatible or not compatible. Kelly Plaza: Right. Ronald Ripley:So that is what we're trying to wrestle with here. The closest of the neighbors that don't like it is a problem. Kelly Plaza: Just keep in mind they didn't know last year. Jeff Hodgson: I assume the structure has electricity running to it. Kelly Plaza: No. There is no electricity. There is no need for raccoons. Jeff Hodgson: Okay. Would it be impossible to move it? Charles Plaza: I would have to dismantle the entire structure. Kelly Plaza: There really isn't no other place to put it where. Charles Plaza: Where it won't interfere with other people. Kelly Plaza: With everybody seeing it and the dogs. Charles Plaza: We are required to keep the dogs away from them. David Weiner: You're saying that other people didn't know it was there? Kelly Plaza: We have never had any escape. No. David Weiner: Is that the staff's suggestion or suggesting to build the secondary screen? Item#10 Charles and Kelly Plaza Page 5 Kelly Plaza: It is not a requirement from the state. We followed all the guidelines for this state and it is not a requirement but it is a recommendation, so we did have that in the process. And again, I think we have most of the wood already, but I had emergency surgery four weeks ago, and then I had a major infection after that, so we just haven't gotten to it yet. David Weiner: Do you oppose a time limit on your Conditional Use Permit of a year? Kelly Plaza: No problem with that. David Weiner: Okay. Jeff Hodgson: Mr.Thornton. Bob Thornton: We're putting a limit of 5 raccoons that you can have at any one time. And they babies. You get them. Are these that fell out of trees, and somebody finds them and doesn't quite know what to do with them and you're a place to park them until they grow up a little bit? Kelly Plaza: We get them they are usually like. They stay in the house the majority of their rehabilitation Bob Thornton: You have to put them back in the wild for a certain date or otherwise they almost become tame? Kelly Plaza: Their wild instincts will kick in. We do not keep them past six months normally. That is the longest we would keep them. If you do it too soon,they are just going to be food for another critter and we wasted our time and our money and our efforts to save their lives, but we don't want to wait too late. You want to do it, usually in the fall before winter sets in, so we usually have. Bob Thornton: Now are they usually all the same age? Do you get a crop and then let them go and then get another crop and let them go. Kelly Plaza: Normally they are the same age. Normally in the Spring,you have your spring babies. Occasionally,you have late babies but for the most part it's within,depending on when they start with the winter, it can be April or May. It's the biggest. Bob Thornton: Are these all in one pen together? Kelly Plaza:Yes. Bob Thornton: So you don't necessarily want a mature grown raccoon in there with a bunch of babies? Kelly Plaza: No. Charles Plaza: Babies don't go out there at all. Kelly plaza:The young adults. Item#10 Charles and Kelly Plaza Page 6 Bob Thornton: Do you have some in your home? Kelly Plaza: The babies,yes. Charles Plaza: We will raise them. Bob Thornton: In your home and then you put them in a pen in your back yard. Charles Plaza: About one month. Kelly Plaza: They are there for about a month or six weeks just to get acclimated to the weather and to the noise sand stuff before they get released into the wild. Charles Plaza: We pull back on our contact with them. Kelly Plaza: They do wild on their own. Bob Thornton: How many would you have five total some in the house and some outside? Kelly Plaza: Usually when we get them they are about the same age,so most of the time they would transfer from the house to the cage in the same time. So they would all be together and become a family unit. Bob Thornton: I guess my question would be you don't have five in the house and 5 in the cage? Kelly Plaza: No. Bob Thornton: You have a total of five onsite. Charles Plaza: Right Bob Thornton: At any time. Then once they reach a certain age, how do you get rid of them or dispose of them or put them back in the wild. Kelly Plaza: We take them to any place that doesn't have neighborhoods and cars and traffic. And, again, we don't want to waste our time putting them some place where they are going to get hit and killed. Usually it is a private residence and if we know somebody or somebody knows somebody that has a place in Pungo, which is a good spot,they'll say,feel free to bring them and release them on our property because we do have to have permission to do it on private property. Bob Thornton: Among this crop of Spring babies is gone,you might not have more until there is another crop. Kelly Plaza: Until next Spring.Yes. But for the most part everything is in the Spring. Occasionally you might have few late stragglers. Item#10 Charles and Kelly Plaza Page 7 Bob Thornton: Okay.Thank you. Jeff Hodgson: Are there any other questions? Karen Kwasny:Jeff. Jeff Hodgson: Karen. Karen Kwasny: I don't really have a question. Just to clarify. You understand Ron's concern about the location of the structure. I just want to clarify that I didn't realize that part of your reason for positioning it where you did because it will be very hard to seclude that structure from your dogs, so you put it in the back corner of your lot in order to allow for you to put a fencing and provide some seclusion for that structure. Correct. Kelly Plaza: There is a 4 foot around that and a 6 foot around that. Charles Plaza: Double sided Karen Kwasny: Alright. Jeff Hodgson: Is there anyone else? Mr. Redmond David Redmond: I had a hard time finding some place that could be better secluded. Kelly Plaza:That is why we took it.We had the perfect spot to try. David Redmond: I don't know if this is well screened or not. Kelly Plaza: Because if you read the letters from our neighbors,we are good neighbors. We have been there 10 years and we try to be considerate. We're not private people but we do go to gatherings and at their house. The house has one every October.We are very considerate neighbors, and we're quiet and we're clean. We have an immaculate yard. I think the guys that came out and did the inspection can tell you our yard we're better Homes and Gardens. David Redmond: If I understand you correctly, because it sounded to me, as I was doing the math in my head,they are actually in that pen a month? Kelly Plaza: Four to six weeks. Depending on when they go out. Yes. David Redmond: You typically have one crop a year. Kelly Plaza: One group. David Redmond: To be liberal about let's say six weeks of a year you might have 5 juvenile, let's call them that. Item#10 Charles and Kelly Plaza Page 8 Kelly Plaza:That is correct. David Redmond: Okay. Charles Plaza:They don't reach adulthood until about two years. David Redmond: What is that equivalent to men years? What is a four month old raccoon? Kelly Plaza:The life expectancy is five years basically, so that is the life expectancy. Jeff Hodgson: Five years Charles Plaza; Three to five years. David Redmond:Thank you. Charles Plaza: The earlier at your briefing you were asking about the age of raccoons. There are brains and scientific stuff. We have a chart Kelly Plaza:That you can tell what age they are. Charles Plaza:When we get them their eyes and ears are closed,some still have the umbilical cord. Eyes and ears are still closed,that means they are between one and two weeks of age. Again, when one eye starts to open, it falls into another category. There is a full chart that gives you the physical attributes of the animal at that time. You can age them. Kelly Plaza: Somebody says if we took in a three year old, how would,we know that one from the other one. But we don't take in three year olds. We don't take in wild ones at all. But we do have to keep records for the Department and we keep them for ourselves that shows. The shots are for us because they don't' require but we do the age, so we do know each one because they are color coded so we know each one and how old it is. David Redmond:When you say Department you mean Department of Game and Inland Fisheries? Kelly Plaza: Yes,their regulations. We go above and beyond. Charles Plaza: We have to file a report with them yearly on the animals taken in, and the information on top is what they require they need to know about. All this other information,we want to keep track of our records so when Game and Inland Fishery people come,we can pull the file out and here is your paperwork on this specific animal. Each animal gets their own medical sheets. Kelly Plaza: It is like a birth certificate. David Redmond: I think that would be helpful for the record. Charles Plaza: For identification purposes? Item#10 Charles and Kelly Plaza Page 9 Kelly Plaza: People say how can you tell them apart? Even when they are babies, we have to color code them because they all look the same so we have to use nail polish on their heads or their tails to know which one is which. Charles Plaza: After about a month or so,you can start picking out, well we can. Kelly Plaza;Their personalities come out. Charles Plaza: We stop the color coding. David Redmond: Thank you. Jeff Hodgson: Are there any other questions. Jack Wall: I've got one.You' said you've been doing this for a year? Kelly Plaza: Almost two years. Charles Plaza: Almost two years. Jack Wall: This may have been mentioned before but how many have you had? Kelly Plaza: We had Charles Plaza: Seven total. Kelly Plaza: We had seven last year. Prior to that,we had one possum, and we've done squirrels before. Like we said, it is just too much. It is supposed to be a hobby, a volunteer thing not to take over our lives. Jeff Hodgson: Is there anybody else? Thank you very much. Kelly Plaza: Thank you very much. Jan Rucinski:There are no other speakers. Jeff Hodgson: There are no speakers so we will close this and open it up for discussion. Would anyone like to start or make a motion? David Weiner: After hearing a little bit more about it, how small they come in and they are only there for six months. I think I said this last time this came in front the last time when something like this came in front of us. If this was my neighbor, my wife would probably be there every day helping. So, I don't have any problem in supporting this. Jeff Hodgson: A motion made by Commissioner Weiner. Is there a second? Item #10 Charles and Kelly Plaza Page 10 Jan Rucinski: I'll second it. Jeff Hodgson: A second by Ms. Rucinski. Mr.Weeden? AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Charles and Kelly Plaza. Jeff Hodgson: Thank you for coming down. Kelly Plaza: Thank you very much. Donald Horsley: Mr. Chairman, may I make one comment? Jeff Hodgson:You may. Donald Horsley: When you get ready to release them,don't run them down Blackwater. They are a nuisance to me. They do like sweet corn, I believe. , 1 1,..,-:r.•--ir••,„Wii'V'' :,:•.', -,;:- i . _ - , ---) j7 \..-•••--.-----' , -- - . .,. ...:•: -.. ," -•'.: \ --- --.5 c: , e_.,\--•-'''''' 0.° \-------.. ...../....-,,,, ...,.., ,.., ---- --"7 -_____ \../.\-/ , \ „,--------- ..,., "..\---...., \ ' • ? a \ ,...,--- ........---,,, I_ \---- . ----\\. , ;..„-, \ . . — '..) ..- ...______---- 400.1", ---1.4 ...-S ../7\ 1 lk.1 '111)117,t,..:11.\ • N. 4141/4' 11.1' % k L5 „70 f ("v"---‘r,„ , .. %., \---s--\ . 0 till," _ —L,____ -----/ , "i ........,.,......... ,J 40 7 ,,. r—L__r__ „„i7 , -----1 r- ce t.. ......__ . ,,,,... „...„ L.) 'A' i ------7 --r Li <:// ,..., L,?:,-, /,. 1 11 ----r-i____,0 c-3 ca _,..... „,,,,,,,,,„,„,___ - ,/, „ i L: ___, ock.4_. __ __. „.. -p.ci.77 I f ___,--___ . /[---'----"---- 7 -_________ ;100.,,,--,,,,-F (...) 1-------i i? 1 1 ---.Lr.___ , ,..... 1 '..-7 -• -.1 1 • - 1---14: n-7 -- -..,,/ LI u y' Srip' i (j4`�`` ::: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SANITRIA GARDNER [Applicant & Owner] Conditional Use Permit for a Home Occupation — Family Day-Care Home. 690 Baal Court (GPIN 1466550996). COUNCIL DISTRICT—KEMPSVILLE MEETING DATE: June 21, 2016 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to provide care for up to 12 children from her single-family home. The City Zoning Ordinance requires that a family day-care home providing care for more than four children unrelated to the persons who maintain the home requires a Conditional Use Permit for a Home Occupation. • Considerations: In addition to this Conditional Use Permit, the applicant will be licensed by the Virginia Department of Social Services. The proposed hours of operation for child care are from 6:00 a.m. to 6:00 p.m., Monday through Friday. The driveway allows for three vehicles to accommodate drop-off and pick-up times. The request is consistent with the Comprehensive Plan, and in Staff's opinion, is compatible with the surrounding land uses. Further details pertaining to the request, 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 placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. Sanitria Gardner Page 2 of 2 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De• . • - . _ •ency: Planning Departme 447;11-° - City Manager. Applicant & Property Owner Sanitria Gardner Agenda Item Public Hearing May 11, 2016 City Council Election District Kempsville 3. 1 \B Virginia Beach Request Conditional Use Permit(Family Day-Care ,e +` ,,Q ,, t .o',4Tepw8pGp,Manao'asnM“uct awe o Home) 0,,. c e vH\tyoMe O , Staff Planner ‘,...°-* Jimmy McNamara wd 6...ca tial. X Location Q?e r V 690 Baal Court "moo b —1-7— `c�,, M+,, a G P I N °� °� r s 4,on� a "el), k c ,, 4 ~ 4 �heYMQO.,e 1466550996 r 1 4 �1, 41 a Site Size 3 j �a�"'°w" Ia4 0.30 acres r i E° `ane E '68e'" AICUZ co P,a.d�e,� o Pads �� Jnr Less than 65 dB DNL a �r�ne or�.c ncr R.,„ v,0.ye Existing Land Use and Zoning District Single-family dwelling/ R-7.5 Residential Surrounding Land Uses and Zoning Districts ,417,--'.49. .. .` ,. North ; _ •.i ` Single-family dwelling/ R-7.5 Residential Balt. ,, ` • ..- ` South ; Single-family dwelling/ R-7.5 Residential ,, ; ^ "` E. wµ ,. -, e " -. East x ,_ Zi% a ,4 , Single-family dwelling/ R-7.5 Residential 4 , ,� z' West �� .� � ` Baal Court , 4„4. #, k `., Single-family dwelling/ R-7.5 Residential ' ' - w c. N4 ',::".:4°"' �. '�` ' Y r Sanitria Gardner Agenda Item 11 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Day-Care Home for up to 12 children in her single- family home located on a property zoned R-7.5 Residential District. • The proposed hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. • The site is developed with a two-story dwelling and is located on a cul-de-sac. There is a large rear yard that provides ample space for the children to play. • The size of the driveway allows up to three parked vehicles. On-street parking is also available in front of the home. Bait. _ I C�s R f\5 _ c / !C.1 No Zoning History to Report R-7 5 • "Agit 4,4 Iv Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as 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. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) Sanitria Gardner Agenda Item 11 Page 2 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. A small portion of the site is located in the Shaded-X flood zone. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Baal Court No Data Available Existing Land Use 2-10 ADT Proposed Land Use 3 48 ADT Lord Dunmore Drive 6,711 ADT 1 9,900 ADT 1(LOS°"D") 'Average Daily Trips 2as defined by single-family Sas defined by single-family dwelling 4 LOS=Level of Service dwelling and daycare Public Utility Impacts Water The site is currently connects to City water via an existing 5/8-inch water meter(City ID#95039740). Sewer The site is currently connects to City sewer. Evaluation and Recommendation The applicant's request for a Conditional Use Permit for a Family Day-care Home, is generally consistent with the Comprehensive Plan's land use goals for residential areas and preserving neighborhood stability in the Suburban Area. Staff's opinion is that the proposed use is appropriate for the subject site and compatible with the surrounding land uses. As such,Staff recommends approval of this request with the following conditions. Sanitria Gardner Agenda Item 11 Page 3 Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve(12)children,other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one(1) person, other than the applicant,shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one(1)square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 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. Sanitria Gardner Agenda Item 11 Page 4 Site Photos tiN.. I.'ts 4' 4'&Mg* '4 '''?P''•ltft(4--derTeeN '5 ,. „. • : „AL,' . •\, - . , 4, Iv,' I , pia-- 461W' ' I I- - • ' r_4_ . .'11__ i _ i• 4.1, otr-,,'6, , , . i...,.., .:.1. t..,;..'.-4-.-- %:::,,e;-f_,„--.:.„'„'S,7i.7.--1-;!--: '7.''''.4.,"'N--•- ---•'. -1,,,,, - -„"'-- -. -I • - ',...7-„--.4,...."''',1": ..,•"--"-°." ‘",.,;, .„-1"'" , , 4,:7 kit,- '14. „, :, - -''" - ''..-4,-- .i...1 , ..,,t4.4'"7:'' ' 7--4-:- . ,. ‘14:54.• i. . , , ,,„ -- -- 7, - ., 4,,,,-:--%.1,......;,-.- -- 77.'"' .'..••.'-' • - ,_.. 1 0 ,.':'''. , --)i #, •*-,.._,..N. , •- ' • ,- 11,--.$61Mt. I ,. A-A'?" ,' i , ....- . #:i . 74 ,1-'''4 . Aka, . e''' alio ,..'„4 hbahh;e, , :iilatir i i ',ro ,f - K--- • - arq. --- -' '-'' 1:•• — _ --"*" *. ••••^ I IC ,.... ..-...,- ----„, _ .---.... „,.......,_„,„,._ ... ..,. Sanitria Gardner Agenda Item 11 Page 5 Disclosure Statement ` I } APPLICANT'S NAME attli ►C,- LCt .Y' 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 g Exception far (EDIP) Chan es 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 F �; Conditional _..__. Agreement r_CUse Permit ' license A reWetlands Board g -5 it(' ciscidsu(e contained in ;1-os fct ;= a.e ecessaty to inform public officials who may vote on the application as to whether inn lii !q. a conflict of inteiesl midei law. SECTION 1 / APPLICANT DISCLOSURE Page I of 7 r t' f:"� a��Faii,rr I' 1 Sanitria Gardner Agenda Item 11 Page 6 Disclosure Statement ,.„., Virginia BtiLl Check here if the APPLICAN1 LS NOT a corporation, partnership. firm, L.uiriess or other unincorporated otoanitation heck here it the APPLICANI IS a rc,rporation partnership, turn, business, or other unincorporated organization (• .01 \I --dy, ( (A) List the Applicant's name '-'-:-.:Usl )14 r I a_ _,!--,_ sj -- --......., ,,,el I Or kr If an LI C, list all member s names if a CORPORAIICA, list the the names of all officers, directors, members, trustees etc helow (Attach list if necessary) (B) List the businesses that have a parentisubsidiary I or affiliated business entity 2 relationship with the Applicant (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if propeplyowner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. L] 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 7 Sanitria Gardner Agenda Item 11 Page 7 Disclosure Statement \':1f;;na Bract: It a Corpolation, !iF.t the narnes ofliceis, CI?rvctorS. riletnberS l L)ttees etc. below ;Attach list rf necessary' (B) list the businesses that have a parent subsidiary or affiliated business entity relationship with the Property Owner (Attach list if necessary Parent subs+chary !e!ationstilp means 'a relationshipfhdt exits wlia=i rine [r?i t:urdtif;r, u,te C,tly Or indirectly (}wtS shares possessing more than 50 percent of the voting power of another corporation See State and Local Covernment Conflict of Interests Act,Va Code 4 2 7 3101 1 'A(fil�ated nosiness entity relationship' means 'a relationship ether than parent solnrdiary relationship that exists when ti) one business entity has a controlling ownership interest in the other business entity, {til a controlling owner in one entity is also a controlling owner in the other entity, or !iiii 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 artivines resources or personnel on a regular basis or there is otherwise 4 rlose working relationship between the entities.,. See State and Local Government Conflict or IntereSts Act. Va Code l 2 2 3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sut7,)_ ctof the application or any business_2perating or to be operated on t.hePrpperty. 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 Sanitria Gardner Agenda Item 11 Page 8 Disclosure Statement AP PLELANI Viigiuia Rccarl YES NO SERVICE PROVIDER ruse additional sheets if needed) Accounting and/or prepare! of VC'I,�r t t_t ) r7t7 .„--,4— your tax return ` c El {X'I Architect / Landscape Architect / Land Planner Contract Purchaser(if other than r 1 (X) the Applicant) identify purchaser and purchaser's service providers Any other pending or proposed Li 5-6 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) E ' Construction Contractors fl T Engineers/Surveyors/Agents Financing(include current mortgage holders and tenders Flagstar Bank [LO Li selected or being considered to provide financing for acquisition or construction of the property) ri x Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the i_subject property __ i_ 1 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 01 7 Sanitria Gardner Agenda Item 11 Page 9 Disclosure Statement `, , �; \,, # Virirtle lie.:!, CERTIFICATION: I certify that all of the Int orirat,orl (untamed ,_- this (3iscicsure .tatemenz form is !complete true, and accurate I understand that, upon receipt of notification that the application has been ; scheduled lot public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VRDA `` meeting, or meeting of any public body or committee in connection with this Ap lication L Lk-LLA-;-a---1( 13,- 1- u L 1, ., t i L r_k LA LE .%C l 44• , IICaNT S SIGNATURE I PRINT NAME I DATE PageSof i Sanitria Gardner Agenda Item 11 Page 10 Item#11 Sanitria Gardner Conditional Use Permit 690 Baal Court District 2 Kempsville May 11, 2016 CONSENT An application of Sanitria Gardner for a Conditional Use Permit (Family-Day Care Home)on property located at 690 Baal Court, District 2, Kempsville. GPIN: 1466-55-0996-0000. CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children,other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 11. AYE 11 NAY 0 ABS 0 ABSTAIN 0 HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE Item#11 Sanitria Gardner Page 2 WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 11 for consent. The applicant Sanitria Gardner appeared before the Commission. INIIr I XI r- I f , , fi-___J 3 _Ili i 1-7 i i11( / f , ,/ i __Jr r ill , -_____ 'I i li >1- sdale L r----1--- .,_?_____ „...____ ______ ! -1- .....a ZH it r--. Hii,( _F 1111 11H11111 11.---7 - 111 / 1 It4S\1,_. ( J� it ii ! fr --- _-- ii LI Level Green B . oluievard 1 I __J _ L ).,:10 1 s co F 0:441, o S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIANA WILSON [Applicant & Property Owner] Conditional Use Permit for a Home Occupation-Family Day-Care Home. 1180 Clydesdale Lane (GPIN 1456309293). COUNCIL DISTRICT—CENTERVILLE MEETING DATE: June 21, 2016 • Background: The applicant resides in a two-story townhouse on an approximately 6,500 square foot parcel, zoned A-12 Apartment District. • Considerations: A Conditional Use Permit request for a Family Day-Care Home is sought for up to 12 children. The typical hours of operation are proposed as 6:00 a.m. to 6:00 p.m., Monday through Friday. As this corner unit is on an unusually big lot for a townhouse, the side and rear yards will provide a large outdoor play area for the children. Sufficient space exists in the driveway for two vehicles to safely park during the pick-up and drop-off of the children. No opposition to the request has been received by Staff, nor was any opposition voiced by the Planning Commission. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. Diana Wilson Page 2 of 2 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting D= • . . •ency: Planning Departmen City Manager: =:, �-----. Applicant & Property Owner Diana Wilson Agenda Item Public Hearing May 11, 2016 City Council Election District Centerville 12 City 01 Virginia Beach Request Conditional Use Permit (Home Occupation- 3 °,q. cp Family Day-Care Home) �' a a y " 3 0 o f $° PtIywo CI n''' S ° n o 4, Staff Planner Kevin Kemp --sa a 2 O Location µce\\`\.e `'s �9 I eo g 1180 Clydesdale Lane a� �,�CO o o Ct GPIN ,, 4 i' P *so ` %jam r4., 1456309293 ?� ° 9°ao, Site Size 9� a. ,� 6,498 square feet R% o, ao% AICUZ S cc„ Less than 65 dB DNL CITY OF o,ee Cy' CHESAPEAKE Existing Land Use and Zoning District Multi-family dwelling/A-12 Apartment Surrounding Land Uses and Zoning Districts f-ir .. 'IS1 North . :. **Ott 7 '"' Ai ..,... Multi-family dwelling/A-12 Apartment ',r • W tali: South : . tr, r w i A "`` ----+:L, : ' t' Multi-family dwellings/A-12 Apartment � :, t- , = East ' = 4 v - kms! Level Green Boulevard V p,_ g r .. isi i iiii 4 Multi family dwellings/A-18 Apartment - ,,,,,.11P 4 ". West - l e Cydesdale Lane a 4. ' ' %I 1t , Multi-family dwellings/A-12 Apartment / "� t'i i;` " x ` L- . *V �� . t , akt 1114* ii114 - ^ Diana Wilson Agenda Item 12 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit to operate a Family Day-Care Home in her two-story townhome. • The applicant proposes to care for up to 12 children, both infants and toddlers, and will employ one assistant. • The proposed hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. • The striped parking spaces in front of the unit can accommodate two vehicles. • The applicant is currently in the process of obtaining licensure from the Virginia Department of Social Services. • The applicant is currently pursuing a Bachelor's Degree in Education from Liberty University. R-7.5 W d CO I 1 ,.r I Zoning History �• ` � meq. There have been no discretionary actions taken by City Council m (a X12 in the vicinity of this application. )c) Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as 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.Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility.To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) Diana Wilson Agenda Item 12 Page 2 Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed.There do not appear to be any significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume No existing traffic counts are No existing traffic counts are Clydesdale Lane available for this roadway available for this roadway Existing Land Use 2-10 ADT Proposed Land Use 3-48 ADT Level Green Boulevard 6,011 ADT 1 9,900 ADT (LOS 4"D") lAverage Daily Trips las defined by a single-family Sas defined by a single-family 4 LOS=Level of Service townhouse townhouse and a daycare facility with 12 children Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Level Green Boulevard in the vicinity of this application is considered a two-lane undivided local street. It is not included in the MTP. No roadway CIP projects are slated in the vicinity of this application.Access to the site may be impacted by improvements to the intersection of Level Green Boulevard and Indian River Road (CIP 2.042.000). Public Utility Impacts The site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The applicant's request for a Conditional Use Permit for Home Occupation—Family Daycare Home is generally consistent with the Comprehensive Plan's land use goals for residential areas and preserving neighborhood stability in the Suburban Area. Staff finds the proposed use to be appropriate for the subject site and compatible with the surrounding land uses. As such,Staff recommends approval with the following conditions. Recommended Conditions 1. The home daycare shall be limited to a total of twelve(12) children, other than children living in the home. 2. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 3. No more than one (1) person,other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. Diana Wilson Agenda Item 12 Page 3 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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. Diana Wilson Agenda Item 12 Page 4 Overview of Site Q s. , - .-.4*ii 4) 6 _ , .. .. .„,...., _ .___ , . . , 6, _ s r { 4 ._mom ,A,n:,. ., ., C3 ,.-- - , .. €'fi n.. _. 8 . ill . ,,,,,,, . ,,,,, ..„. , 4F-1" rt)Pfllfir::'a'-', Cli `;4 ,,...„ Diana Wilson Agenda Item 12 Page 5 Site Photos , --- , .. . - . 4 ... - . , A • '- ... , ..„ • 4--,,,,.., ''-': '• 'F' ' , `'-'..,:i;01;i:'''''' ''''''°''C'ti ., ,Ilk P 4 .. i . Ak - .' ,. .. , 4,,. ... ) tit — olfr . , P - , -.0 -41-21.!,..' -:.,,.__ - , ) _ - - .. ....,, --.. .'"". * 4...,•ri,,- 4.,x. , Diana Wilson Agenda Item 12 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME DIA,v ,-I 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 I I 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 Franchise Agreement Street Closure (Historic Review Board) 9 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. 4- • SECTION 1 / APPLICANT DISCLOSURE 0,( ,, .itf 4 i' /:J[icr t< Ii ,inu .t Ic; < ( r Page 1 of 7 ( C 1, :i eet nv P_A f,1,, ,LfiitI h'C; fly d r� 1"I i s nt c ci r r J1 •J Diana Wilson Agenda Item 12 Page 7 Disclosure Statement �wv Virginia Beach ❑r 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: 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) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4--- • 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. ❑ 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: _;rrt s " V`- -���' If an LLC, list the member's names: Page 2 of 7 Diana Wilson Agenda Item 12 Page 8 Disclosure Statement 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. 4* - • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Diana Wilson Agenda Item 12 Page 9 Disclosure Statement NE,...,.., APPLICANT Virginia Beach YES I NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ D-- Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ri purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ❑ Construction Contractors -- _❑ --- 0 Et Engineers/Surveyors/Agents Financing (include current (A.)CIAJt V-4 ,,t- A C mortgage holders and lenders Aselected or being considered to / ` provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers / ❑ El Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ or 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 Diana Wilson Agenda Item 12 Page 10 Disclosure Statement 4111E,,v4 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. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Diana Wilson Agenda Item 12 Page 11 Disclosure Statement OWNER virettia Beach YES f NO SERVICE PROVIDER (use additional sheets if needed) ❑ u Accounting and/or preparer of your tax return ❑ LJ Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Ef the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ [l Construction Contractors • Et Engineers/Surveyors/Agents ` Financing(include current !V U,V ��s c..ccia Ermortgage holders and lenders � selected or being considered to (ANN.LO v' provide financing for acquisition or construction of the property) ❑ El. Legal Services Real Estate Brokers / ❑ 121/ Agents/Realtors for current and anticipated future sales of the subject property t SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑, an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? _. --------- Page 6 of 7 Diana Wilson Agenda Item 12 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: - I 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 A lication. k_i�, + .I �k-.. , ,' , &A 1, La I .i ,. �j,+%1EI PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Diana Wilson Agenda Item 12 Page 13 Item #12 Diana Wilson Conditional Use Permit 1180 Clydesdale Lane District 1 Centerville May 11, 2016 CONSENT An application of Diana Wilson for a Conditional Use Permit (Family Day-Care Home)on property located at 1180 Clydesdale Lane, District 1, Centerville. GPIN: 1456-30-9293-0000. CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children,other than children living in the home. 2. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 3. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than one (1)square foot in area and mounted flat against the residence. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 12. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 12 for consent. The applicant Diana Wilson appeared before the Commission. 4{..,:..) :„...".: \__ .\___\ \._--1) C.: likr, ‘11 - 0 Aht., 47.6 ro.• ,.....--R:::,. "-Air' _....5. . ..,,. ,..- .. ..„. en q, 4 ,r_ .0. •••P .,., ,....;7 N.- • • iii....\ P ‘ '.1...4YI. Allklip 41*14------------ .. ---..._ 4 ..trir.4 •11 milli iii* • • . . 11., Isip\kiN1111: 1111:8,4,4. ;:::46.:k:1417*/41.1 441 .1i --'--. . • 4 4.. _Al 0 . .---- .00$.41 'N.- IP *apr ' .. 41141,/ --...... .. __ CIASIP 411bk---,.,_ .'gr eiliP • --. & ., la 1 • WI' 4111111i4 4* 4SI11111/4. . .. ik. 4... \ "--.,,... #/4 --,. . . • I # N I 4LlirkN 1/ ). • . • ., 4111114 WI ro /44k 41 NIIIIIIIIIP • Nillik .1 . . •••4.....• J.Ship .411 / ii,::,....,>/.. 1 • e., I a, / 46 tikiNk *Iiir I T" / T". ilk '---,., I I '-:- . -'''''----.----'''"---- 41111111111111\11111" 1 _.••,..".°7"F° �'-,;64i,"&,?.i7 i 2, f• 4. ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NORFOLK AIRPORT AUTHORITY [Applicant & Owner] Change of Zoning from R-5D Residential Duplex District to I-1 Light Industrial District. General vicinity of Burton Station Road (GPINs 14587809900000, 14587910510000, 14587921240000, 14587922770000, 14587930890000 14587933380000, 14587935800000, 14587946150000, 14587952720000, 14587956180000 14587976060000, 14588969080000, 14597054540000, 14597055000000, 14597072400000 14597073550000, 14597082760000, 14597083910000, 14597095080000, 14598006170000, 14598011230000, 14598018230000, 14598063060000). COUNCIL DISTRICT—BAYSIDE MEETING DATE: June 21, 2016 • Background: The Norfolk Airport Authority owns approximately 80 acres of vacant land in the western portion of the Burton Station Strategic Growth Area (SGA). Thirty-six acres are zoned R-5D Residential and the remainder is zoned I-1 Light Industrial. Currently, much of this land is located in the Clear Zone of the crosswind runway, the shorter and less frequently used of the two intersecting runways at the airport. The Airport Authority is pursuing long term plans to add a runway parallel to the existing longer runway and remove the crosswind runway, which would open up development opportunities in the former clear zone. Although there are no immediate development plans, the Authority wants to consolidate its land holdings for future light industrial development and remove the residential zoning as they have no interest in residential development in this area. • Considerations: As large expanses of developable land are rare in Virginia Beach, this could attract a considerable economic development opportunity for our city, particularly at this transportation hub of air, rail and highway. Changing the R-5D property to I-1 Light Industrial will consolidate the Airport Authority's property in Virginia Beach into one, consistent light industrial zoning classification. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. Norfolk Airport Authority Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Sta 4:01.7 s a•• :val. Planning Commission recommends approval. Submitting De= • • en - • : •cy: Planning Department City Manager. Applicant & Property Owner Norfolk Airport Authorityv3 Agenda Item Public Hearing May 11, 2016 City Council Election District Bayside Virginia Beach Request Change of Zoning from R-5D Residential3 Duplex to I-1 Light Industrial ,Itya / ��a e a W rd"` v I ; d } Staff Planner ,,., S,,da0R4d a Ashby Moss g NI b GPINs / i 14587809900000, 14587910510000, e• 44,5 447 14587921240000, 14587922770000, 14587930890000 14587933380000, ��r4,.. % 1 14587935800000, 14587946150000, k, �`„1P 14587952720000, 14587956180000 '9,P• P 8- 14587976060000, 14588969080000, ,o 0 6eS• ^ 14597054540000, 14597055000000, ,ot.t° �. 14597072400000 14597073550000, �o-r e �4"��S „, 14597082760000, 14597083910000, 14597095080000, 14598006170000 14598011230000, 14598018230000, 14598063060000 W AICUZ dro r Less than 65 dB DNL 5i •• / 4.r, l-1 r;A Oil - . * + ¢ Y 'A n ., V r 47 R-5D .410abir ,,,_,10-, ••••••011tio, 4. R- itt r . ,, .-vi, ; ' Alb I \ Norfolk Airport Authority Agenda Item 1 Page 1 Background and Summary of Proposal The Norfolk Airport Authority owns approximately 80 acres of vacant land in the western portion of the Burton Station Strategic Growth Area (SGA). Thirty-six acres are zoned R-5D Residential and the remainder is zoned I-1 Light Industrial. Currently, much of this land is located in the Clear Zone of the crosswind runway, the shorter and less frequently used of the two intersecting runways at the airport (see p. 4-5). The Airport Authority is pursuing long term plans to add a runway parallel to the existing longer runway and remove the crosswind runway, which would open up development opportunities in the former clear zone. Although there are no immediate development plans,the Authority wants to consolidate its land holdings for future light industrial development and remove the residential zoning as they have no interest in residential development in this area. / i. _ ' ,.i ' --,/ ' -'1*---. ej•; /% Zoning History Ifr4 -' 1-1 Pre # Request �` �� /W i 1 MOD(Senior Living Facility)Approved 02/03/2015 -`%p MOD(Senior Living Facility)Approved 03/13/2012 I. �''%� ii � D CUP(Senior Living Facility)Approved 01/26/2010 Opp/A i 1 '''.''-" tic4 ' ,i i •4. c; ittr ., 1 9 0. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This property is located in the Burton Station Strategic Growth Area (SGA),the master plan for which was adopted by City Council in 2009. The plan calls for the Lake Wright Golf Course to be relocated to the subject area to serve as a buffer for the envisioned Burton Station Village and as a compatible use with the adjacent Norfolk International Airport. Recognizing that previous assumptions about future land uses have changed since 2009, including Norfolk's decision to close the golf course, the draft 2016 Comprehensive Plan recommends an update for the Burton Station SGA Master Plan as a future action item. Natural and Cultural Resources Impacts The properties are vacant with patches of trees, shrubs and grasses. Traffic Impacts Norfolk Airport Authority Agenda Item 1 Page 2 Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT'(LOS°"C") Existing Land Use 2—2,160 ADT Burton Station Rd 3,261 ADT' 11,100 ADT'(LOS""E") Proposed Land Use 3—2,737 ADT 'Average Daily Trips 2 as defined by R-5D Zoning 3 as defined by I-1 Zoning a LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Burton Station Road in the vicinity of this application is considered a two-lane undivided collector/local road. Currently, this segment of roadway is functioning at a capacity of LOS B. • CIP 9-081 - Burton Station Road Improvements- Phase I includes property acquisition for a 70' right-of-way and full street improvements, including utilities, drainage, curb and gutter, sidewalks and street lights. Water and sanitary sewer have already been installed from Northampton Boulevard to Tim Road and the remaining Burton Station Road street improvements are close to design completion. A new road,Tolliver Road,will intersect Burton Station Road and extend approximately 300 feet in either direction with full street improvements. • CIP 9-091 - Burton Station Road Improvements- Phase III A will extend Tolliver Road with utilities and full street improvements north to the Norfolk Southern Rail line. Phase III B will extend Tolliver Road from the Norfolk Southern Rail line to Air Rail Avenue and Air Rail Avenue north to Thurston Road and south to Barrs Road. Future comments from Traffic Engineering will be forthcoming upon a site plan submission for industrial access points and other roadway improvements. Public Utility Impacts Water and Sewer Eight-inch water and sanitary sewer mains were recently installed on Burton Station Road, from Northampton Boulevard to Tim Road. Additional water and sewer mains and a sanitary sewer pump station will be installed concurrently with the capital projects listed above for Tolliver Road. Evaluation and Recommendation As a major land owner in the Burton Station SGA,the Norfolk Airport Authority is interested in developing a light industrial park if and when the existing crosswind runway at the airport can be closed. As large expanses of developable land are rare in Virginia Beach, this could attract a considerable economic development opportunity for our city, particularly at this transportation hub of air, rail and highway. Changing the R-5D property to I-1 Light Industrial will consolidate the Airport Authority's property in Virginia Beach into one, consistent light industrial zoning classification. Therefore, staff recommends approval of this rezoning request. Norfolk Airport Authority Agenda Item 1 Page 3 Aerial Photo , . :-. .* ; P•i..-2*; . 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" ' -14:z.•. :.'''- <, ::, -.- ;• .. • .., ' ''''"--....,.**-.1/4•::17:::',1'4':-7,-• --'•• ••,. •••-• ','..-„.., . --.,, ..•:. ---- • •--,-.-- . • . . ...... • ....-- . . • . • -... , • •- •-- • . • . . . . . , ,....--.. ...... - • .. . ., •.- •..: - • -. . , -' ;- ...• , • . ..-. ...., - - . •- ., _ .17.;t1.-i,:e . . -.in-, .-----1-4-..-.,••: , •-•r --;...... .-'-' -.•-- i- .4t . . '• . • .*,.."4.,„.:,,AP,." •—,4* , -- . -.........'- ...., , - Adlik.. Norfolk Airport Authority Agenda Item 1 Page 6 Site Photos -'40C } . ` a , -� .1:- - . r '♦ . ttnir /, • • •. rAV p om ir._ • ' \ 's.'- , ,1 1, } frd1f�1 y. .:11.00-'''•••• "tr i." ''-s ' �? / si .14-T{ ' o- . F .a - . jy�K♦ s moi: '` b • , L4,`tr�'"'. f�s --- � , ` t��I : f/gii = t.�tee. r i+rig _ M,..w.,•. +a '. r - • '. +: as t•n —,:- , °.' . yy ''',. ..04k-4;17-:',;,,,,,t - �.. ..- :e." " r-. .+° w 0. z w„� �'4, 0;,"-,-7-'--'-'"',----;..V.;',94 -71 , a n .,,a< °H, # ` e S- t ""4 Wt � - y . . .. ' ," c' . .w rt. l izce :; c > ',:..7,..1,, +bgY-**-" .', ' sem , 1 .y c z.s �.a i' s , c s Is Norfolk Airport Authority Agenda Item 1 Page 7 Disclosure Statement 1/13 Virginia Beach APPLICANT'S NAME:Norfolk Airport Authority DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 1 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 5 F �.,5 �r�d ., • tr., t, It t Er APPLICANT NOTIF IED OF HEARING AP114, .TL 5117 14, l' NO CHANGES AS OF GATE t 1 to F tko REVISIONSSUBMIT TED . _ Norfolk Airport Authority Agenda Item 1 Page 8 Disclosure Statement CN p! Virginia Beach 0 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:Norfolk Airport Authority If an LLC, list all member's names: See attached list of Norfolk Airport Authority's Board of Commissioners. 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 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest 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 Norfolk Airport Authority Agenda Item 1 Page 9 Disclosure Statement CV{ei Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) X (B) List the businesses that have a parent subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) X "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 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 Conflkt 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 Norfolk Airport Authority Agenda Item 1 Page 10 Disclosure Statement Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ I4 Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1=1 i the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed City of Virginia Beach,pending land • ❑ purchaser of the subject property swap for new City right-of-way. See (identify purchaser(s)and attached preliminary plats identifying purchaser's service providers) areas. Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current ❑ A mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El Legal Services Real Estate Brokers/ ❑ M Agents/Realtors for current and frAo anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of S Norfolk Airport Authority Agenda Item 1 Page 11 Disclosure Statement ;:Virginii 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.� �9��ti t •: 7 Robert Bowen,Executive Director 03/04/2016 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE Page 5 of 5 Norfolk Airport Authority Agenda Item 1 Page 12 Disclosure Statement Norfolk Airport Authority Board of Commissioners Norfolk International Airport is operated by the Norfolk Airport Authority The Norfolk Airport Authority is a political subdivision of the Commonwealth of Virginia and is an independent autonomous agency of the City of Norfolk.The Authority is governed by a Board of Commissioners consisting of up to nine members appointed by Norfolk City('ouncil for four-year terms,and an Executive Director overseeing day-to-day operations. The meetings of the Board of Commissioners are held on the fourth Thursday of every month unless changed or canceled by vote of the Hoard.Special meetings may be called at any time.The schedule of meetings is posted below.The current Hoard of Commissioners is comprised of the tbllowing individuals: Gus J.James.IL Esquire.Chairman Blythe Ann Scott,Esquire,Vice Chairman Malcolm P Branch,'Treasurer Dr.Harold J Cobb,Jr,.Commissioner Peter G.Decker,III,Esquire,Commissioner Mekbib Gerneda,Commissioner William L.Nusbaum,Esquire.Commissioner Deborah II.Painter.Commissioner Chris(I Stephanitsis,Commissioner Robert S.Bowen,Executive Director Norfolk Airport Authority Agenda Item 1 Page 13 Item#1 Norfolk Airport Authority Change of Zoning General Vicinity of Burton Station Road District 4 Bayside May 11, 2016 CONSENT An application of Norfolk Airport Authority for Change of Zoning(R-5D Residential Duplex to I-1 Light Industrial) on property located in the vicinity of Burton Station Road, District 4, Bayside. GPIN: 14587809900000, 14587910510000, 14587921240000, 14587922770000, 14587930890000 14587933380000, 14587935800000, 14587946150000, 14587952720000, 14587956180000 14587976060000, 14588969080000, 14597054540000, 14597055000000, 14597072400000 14597073550000, 14597082760000, 14597083910000, 14597095080000, 14598006170000 14598011230000, 14598018230000, 14598063060000 A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 1 for consent. Robert Bowen appeared before the Commission on behalf of the applicant. Item#1 Norfolk Airport Authority Change of Zoning General Vicinity of Burton Station Road District 4 Bayside May 11, 2016 CONSENT An application of Norfolk Airport Authority for Change of Zoning(R-5D Residential Duplex to I-1 Light Industrial) on property located in the vicinity of Burton Station Road, District 4, Bayside. GPIN: 14587809900000, 14587910510000, 14587921240000, 14587922770000, 14587930890000 14587933380000, 14587935800000, 14587946150000, 14587952720000, 14587956180000 14587976060000, 14588969080000, 14597054540000, 14597055000000, 14597072400000 14597073550000, 14597082760000, 14597083910000, 14597095080000, 14598006170000 14598011230000, 14598018230000, 14598063060000 A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 1 for consent. Robert Bowen appeared before the Commission on behalf of the applicant. COil1l4r0,4:,'c_-30vtleL5:5=12 6,11l,I -- •.Ow 0 — lIi1 ;...,,..../ ' i%...- 1Hli . ,, .4041.4. '- • i 0 , kiir tilifiii - - . g.... ' .1„ dub". 411Xtr 11 djtia 1 ._oupgrfi:1411: 1-..M. earl 1 - . eallfe 4:1411Z ___ ---------- _24ki- -ltpale ,,„,, ..ow, , ,,,,,.." -fre404.4. v<• ,.., '% -ititp .ei-stim.- 4'71g I......- -,.--_______ _ \-...... \> N 4 k 6 \N CO ;',. .-, , .77....... Akk' • .t . ("" 'Is \ (/ Ca\ \ , , 1 ,, iik -. .0,0. ft., • . ft., a)li 117,L .410. .- in: 4 : , - „INN -00, 1,si tifild : tiLkk V \ . \\\ --' , <'' iliV \....„ ) ,, , [• 4tt i aim OLIJ 0 .. 41.444, _ et 1 _.. . ,... _.....,..,.... D ..„.., , N. .•' -'.. NCI (WI (.•_,.. 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Q7`"1441 oS hp' YJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning from R-10 Residential District to B-4K Historic Kempsville Area Mixed Use District (GPINs 1466774982, 1466881349, 1466881249, 1466881220, 1466881104, 1466882272, 1466882390); B-2 Community Business District to B-4K Historic Kempsville Area Mixed Use District (GPINs 1466788968, 1466789967, 1466691229, 1467707183); 0-2 Office District to B-4K Historic Kempsville Area Mixed Use District (GPIN 1466880523); R-5D Residential District to B-4K Historic Kempsville Area Mixed Use District (GPIN 1466883580); AG-1 Agriculture District to B-4K Historic Kempsville Area Mixed Use District (GPINs 1466795194, 1466796214, 1466796346, 1466797501). COUNCIL DISTRICT—KEMPSVILLE MEETING DATE: June 21, 2016 • Background: The Historic Kempsville Area Master Plan, adopted on January 24, 2006, is a component of the Comprehensive Plan. Concurrent with the adoption of the Master Plan, the City Council adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Area Mixed-Use District as well as the Historic Kempsville Overlay District. Since the adoption of the Kempsville Area Master Plan and the creation of the B-4K District, the City has purchased numerous properties within the Overlay Area and has changed the zoning of these parcels to B-4K. • Considerations: The seventeen (17) parcels proposed to be rezoned have been recently purchased by the City. The proposed rezoning of these parcels is a piece of the larger vision for the Historic Kempsville Area that includes the consolidation of parcels and redevelopment that recreates a village setting, building on the natural setting and historic character of the area. The proposed B-4K Zoning District ensures that future development is consistent with the recommendations of the Master Plan in regard to use, design, and compatibility with the surrounding area. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. Staff was not made aware of any opposition to this request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. City of Virginia Beach. Page 2 of 2 • Attachments: Staff Report Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep me ency: Planning Departm:4 !0°' City Manager. Applicant & Property Owner City of Virginia Beach Agenda Item I iN I I B, , „ Public Hearing May 11, 2016 City Council Election District Kempsville 7 Virginia Beach Request Rezoning (R-10 Residential, B-2 Community too, o 0 eo; > Business, 0-2 Office, R-5D Residential &AG-1 a .. F 2 6 R i 2 t 3 o Agriculture to B-4K Historic Kempsville Area i I o AnvASRoo = P a o a F o O r c a ai Poa Mixed Use District) A d p„��eaod 3 a fey 113. Staff Planner p'''�st� `%l ,C°N,�'`e l "off �o A 06'J�`''� ; d,6.0 Poaae`9oa� I. 5 ,� Kevin Kemp 1. Si.Bart,b,i, FK c v to ar'ccc` „vs...”V�e tJa`to .4Ie `ao�°J, v GPINs s 3 ^�Q %,„ ,.P .yy rl•}be I> ,a°L „i e eo°P. 1466774982, 1466881349, 1466881249, o , 1466881220, 1466881104, 1466882272, Very°"er =V [ °•o 1466882390, 1466788968, 1466789967, �c``` g 4 8 f ,+a`Q�aa GaS~ = Y t b 1466691229, 1467707183, 1466880523, ? Farfield Boulevard 3 r 1466883580, 1466795194, 1466796214, A 4b oa p ,°6^ a" 9,p 1466796346, 1466797501 s G"--,Dr,4 9�pa AICUZ Less than 65 dB DNL 1001 q. .• .. .. ! _ipr-•<Cyt • i' 150• - .0 " -Pty.' + `.. < e • ' o �'�,i' l ;, _ A "' " '0 is .. ii nx _... �o�� ..,tort ow = V ., t Court .. City of Virginia Beach Agenda Item 7 Page 1 Background and Summary of Proposal • The Historic Kempsville Area Master Plan, adopted on January 24, 2006, is a component of the 2009 Comprehensive Plan. The creation of a new zoning district for the designated planning area was identified in the Master Plan as the first strategy to be implemented. Concurrent with the adoption of the Master Plan in 2006, the City Council also adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Area Mixed-Use District as well as the Historic Kempsville Overlay District. • Since the adoption of the Kempsville Area Master Plan and the creation of the B-4K District, the City of Virginia Beach has purchased numerous properties within the Overlay Area and has changed the zoning of these parcels to B-4K. • The 17 parcels proposed to be rezoned have been recently purchased by the city. It is the city's goal to continue to consolidate parcels where appropriate and market them to those interested in implementing the vision of the Historic Kempsville Area Master Plan. c `.,, **, \ -0 •c o�e`1 r2' o 41' iz = 2 Zoning History /� ► \ ' �/ `��_ s• ._ # Request �'"": ► `,� '=� ����71' 1 REZ(Rezone to B-4K)Approved 05/19/2015 ' t n 4 / v*! r 2 REZ(Rezone to B-4K)Approved 08/27/2013 `�liI /P. 1,. ! �'%�, 3 REZ(Rezone to B-4K)Approved 04/10/2012 , la,4.4 alai* Iti • se „, oft r;vitit. : �,.! ett- .ii1' mirror rrrr ®111 tau Dij / R-10 _eur ;wurrra Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance — Comprehensive Plan Recommendations The Comprehensive Plan identifies these sites as being located within the Suburban Area, specifically within Special Focus Area 3, Historic Kempsville Area. The Comprehensive Plan recommends that development within the Historic Kempsville Area adhere to the Vision and Goals cited in the Historic Kempsville Area Master Plan, particularly those goals related to the protection of adjoining stable neighborhoods. The vision for the Historic Kempsville Area is to recreate a village setting, building on the natural setting and historic character and importance of the area while accommodating reasonable development and redevelopment opportunities for property owners in a manner that is compatible with the new roadway system; maintaining and improving access to serve existing commercial, office and institutional uses; not exacerbating vehicular traffic congestion and conflicts in the City of Virginia Beach Agenda Item 7 Page 2 area; and not reintroducing traffic congestion and conflicts in the area that the new roadway system was designed to remedy. The primary goals for the Historic Kempsville Area are to promote land uses that accomplish multiple objectives; recommend a mix of land uses; establish a Zoning Overlay District; encourage future consolidation of parcels to form building blocks for new development; promote modifications to side street patterns; help to promote revitalization of commercial areas on Princess Anne Road west of the Area; complement South Witchduck Road Project north from the Area to Virginia Beach Boulevard; complement Bonney and Grayson Road Area to northeast of the Area; and compliment residential areas to south and east of the Area. Natural and Cultural Resources Impacts A majority of the sites are undeveloped. All sites are located within the Chesapeake Bay watershed. There do not appear to be any natural or cultural resources associated with any of the sites. City Services There are no impacts to City services expected with this request. Evaluation and Recommendation Staff recommends approval of this request to rezone 17 City-owned parcels within the Historic Kempsville Overlay District to B-4K Historic Kempsville Area Mixed-Use District. The rezoning of these parcels is a piece of the larger vision for the Historic Kempsville Area that includes the consolidation of parcels and redevelopment that recreates a village setting, building on the natural setting and historic character of the area. As such, this request is appropriate and consistent with the recommendations of the Comprehensive Plan, and by reference, the Historic Kempsville Area Master Plan.The B-4K District acts to ensure that any proposed development is consistent with the recommendations of the Master Plan in regard to use, design, and compatibility with the surrounding area. City of Virginia Beach Agenda Item 7 Page 3 Rezoning Request (R-10 to B-4K) i0 V _, ,, Existing Land Use: PRINCESS y f arm ANNE ROAD - " undeveloped parcels (6) �# Address: t <.ss ., 5101 Princess Anne Road Q � ,,, .. ,°„ 505 Forest Street 1466881249, ., t 1466882390 . .W 508 Forest Street _, r O 9 � ,`a .t , 9' 1466881220 ?,e) 1466882272 t�,.,, - - .; SITE 1466881104 y � f.101 CDv - 4.,1-10 R , ‘4,11/11/"..7A Qy.;c 7Sint* x Chi::, .:'{- " -__ PRINCESS q µ NNE` 7- ,..w ROAD X21.0-S.F . , , . , ,/ 9,354 SF _ . �� ,., �' 6,028 SF 9,556 SF ( i 14,239 SF 8,999 SF t 1' City of Virginia Beach Agenda Item 7 Page 4 Rezoning Request (R-10 to B-4K) Existing Land Use: , , B4 . . \ KEMPS LANDING PARK , Pump Station 4 . # •=. 2 ' ,.. "If•ko.'' . " 44,4 ' ' . •16. 4 , . :11441 Address: f . p-i 544 Princess Anne Road '...,..,.. -*4%,;::, . —,-.4,.. .;'::•A' .`,. :7-•.• — -- 1 •• .', :;•,-,P.,'...„..), :, ..., r _..'al 1 „\ • I•P • 'ttf,1 S:t-,8 i 0 '''''', s'i• \ . , ,- ..... ,,, : 1"911 4. .. ''•'"d• 1 f:-:'<,''''' 'i 89 4'Y ' it," , .'';'1: iti•/1../j/ • i' - .•'1466774982 1- S 4-, r„ ITE 17-i _ ____ 06 . , ' . 2 R 10 W , z• , . •., , A-18 3 1,- •4 .., , , a -=. 3 1:! ' $• ct#'0,•••, '",:` $ .l Etj alit .,. ,,,... 1 , ,-,41' •ftt 4t , ' /-eer , A Vet'"' Agit s ' 1 i . . . ' 1 : : 4. i v t i • : / $.1 r I e All , i • ' Iliif i ... . • ' • . 'Of ,e_ • I . -yi t •••I I I • Al • 0) i . , , .‘ ..t. ,, r . - . /. . 1 ed9edivT, / / ) : : ' / l 4 , I / ' ....--0 , City of Virginia Beach Agenda Item 7 Page 5 Rezoning Request (R-10 to B-4K) -voirp yJ 4` UndevelopedExistingLand ParceUse:l oes, �, Address: ' ;y t 440 Bellingham Road J �`b., f* 1466883580 is moi/ .,,, SITE 11 e o a f �l/ j µ ' r o0a 3 Jaillf itash. f f �^.+w-..,r. R 1C 2 4 F 1111 PRINCESS ANNE ROAD y A pyf � 3` • 2 It ip #'.w+ ',a *' ` 'r --. �u P�ncec Ann*Road-`� ) p, __,_....„.., , ,),...,.....___„ii,j... iip ,, ,y:.. s." syr 9 .► rfr c'y� 99248 �3 4 4 , Illt/ !` ,, .,s. - .. ,. ...„. PRINCESS ANNE ROAD• City of Virginia Beach Agenda Item 7 Page 6 Rezoning Request (0-2 to B-4K) .' , Existing Land Use: " x•> Undeveloped Parcel Address: 4.\. /� B-2 N/A r, *;'t 8-4K f "€4 1466880523 )4 JSITE 'G3(INCESS q — NNE,R040 _ C �a a N , 1 ! / L N BSC, e C F = y � 7 i t _ x Pnncess .r" ' ,,,,„..4,00,- Ane Road " _ Arrw.. e4�s'4 ZAfD gy 4Rr.� '' ... fe�LB� ffi �.bid~ e►7 IOi 2�f'/ iiihit, _ , .• .... __.,.., . ...____ _ ___ _ „ , _ _. t .CtiF ' T3,480© W � t .F _ - _ RINCESS j �"" � Y V _ ___ City of Virginia Beach Agenda Item 7 Page 7 Rezoning Request (B-2 to B-4K) . 7 y „ B 4Krfh , Existing Land Use: Undeveloped Parcels O B-4K 0 ' p (2) i 4 . '° Address: � I �' N/A 1466788968 =„lits, , . „ 1466789967 #e:::,...6,46 ,� G , '0, ,,,.'s t ,, 4 , ,--,,,, ., ,,,,, , ,,. _, ,,,,,,, . ,...4., ,,, 4 \ ` + ` SITES itt � s4'; • ,.4, i-17- rf- t T - t; , *ra c R c }',, 4. 4.4 g .. � R t0 '^J S R-10 }i ,,kf �� .+►e �idN PnRcess Ann e R nr ��JJ .t . t � "�'. ;10.:5: � _ a '.. i'1 .�.. tkei -, , a4 e. f - , Aate 2 .. .. F " , r 49535~-SF 'r f ( k,,, City of Virginia Beach Agenda Item 7 Page 8 Rezoning Request (AG-1 to B-4K) 1144614 ,firtee - 4,,N, B-4K,.r o� _ ° Existing Land Use: Undeveloped Parcels (4) A ^Cis' % 3 • �J • Address: "isa '.r4* : I 1466797501 ty .f • N A ,,.•Ay` " r B-2 : ° i 4` K iic '. „� t` (D# 1466796346 ,'; o-f '-- <� 3. i'ter — 1466796214 R SITES r,1, OQ p T + X14., g 1466795194 - , S ','9 �ci '1 B ,,,ds'` J Cl) j. .1G . 3 Fr e Q JF�' e S o C9 Ce d 8 1, 6 �B"4T 4 ! -_ Li-4K e:. PrQ'iee$.Anne RdW yJ • 4 .- '�r 'NJf,' a� *AIMS �p t. rr: �� ti��Y '�4. i ,..� R.10i i t ,f Y wvilk r3 -- „,...:- y 11141, r t M . / i " ' r r ,- .'-- 485 � / /sC�Al;, ,_ V . /I tJ: r '1' fir47'1C 14/A41:v1:3' ,, ,EF,,,,,,,, vc:/rgo, ' 0,:,, , / i '''-•=k,,,„,-'.'. ... 01( dV i :Al { i 144 At` ;�' tt . > • */ r' ! City of Virginia Beach Agenda Item 7 Page 9 Rezoning Request (B-2 to B-4K) M„f,„ - t +r,r_.. , 1„,,, .t. M -= Existing Land Use: Y a ",, Pump Station ii A,s ,ga,17,,gsl ; 4,4 44 1�' Address: Oil5250 Princess Anne Road ;I 1 'fir$ °.. R-1:0`., -/ �_ >146: 1 . • a, G� � -� ) . EMMANUEL s ' EPISCOPAL CHURCH ,. -�}" _ SITE w r B ^K do r ` A. 1t► +# 1 Ill i eo�c�� v�.._ L'+y / ,. f r 8' e k scT 3,, .,' 8� ' 1 ,W. R 10 G Z, `_ `}� _.'-..fir' 'sa, `� 'd � +. �`,i - i y. 6'1 a R-!O,f'��' ,^d°' �. � +, .... :if (> 11R 1� _._ \- PfMteb!A11I1! t n #. A * BJK B-4 .,, ';0-01'----1 ` I.- k t t , .-4•—• '� I N ` 4 " 111�. R i`--.:1- -1 ' .J R O„Iffsif ,R ei • R=10 ,. R75, , . , , , ,, i, ,V.11 ,„.... ,,,,,:,„ .1. ' - '�. • 1 if • if I 4,',474 i SF . r „ . „r #• A / L „..14117:41.11,..'11' � x , `krt. t City of Virginia Beach Agenda Item 7 Page 10 Rezoning Request (B-2 to B-4K) t;-1. � �, RA�0` Existing Land Use: t� ktiol#,:„-.)i• =-k, • 4' � Undeveloped Parcel . t tk , t ' Address: AI _ , t 1467707183 i I N. ., .H yr .� .,.t:t,I y § k �S i SITE 4 - h . , i t . J" R,C 4 A D ; s ., ..... , ., �.r �' , t .....4‘..... a r�i C5" a i.s O , : �� ' s �! /Ash (-L. �. �. ., Rte./-+tRIO � tY�\.ia fl R tJ� • L L i �+ , 4111\ ;, N I! `ii G a \'�1 ,334 SF ., • '\ ' • i. L 11A ,a i p • \it ..f, Oh • x . ,. °`" ..,., City of Virginia Beach Agenda Item 7 Page 11 Item#7 City of Virginia Beach Change of Zoning District 2 Kernpsville May 11, 2016 CONSENT An application of the City of Virginia Beach for a Change of Zoning(R-10 Residential, B-2 Community Business, 0-2 Office, R-5D Residential &AG-1 Agriculture to B-4K Historic Kempsville Area Mixed Use District, District 2, Kempsville. GPIN: 1466774982, 1466881349, 1466881249, 1466881220, 1466881104, 1466882272, 1466882390, 1466788968, 1466789967, 1466691229, 1467707183, 1466880523, 1466883580, 1466795194, 1466796214, 1466796346, 1466797501. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 7 for consent. Kevin Kemp appeared before the Commission. 11164,...:4-, ' 14,40-4;-::: :_,/.40 Mil i,,r, 0. , r„......,,,, r, ,.. ''''''''...:..." -..s.,..,_,,‘„.,., . '''41V4.P41'41,-::''','::: .2414$:,. .iii 1 L,. /4,-.2 ' ••--..:, ,- .....:---L. / V ,dr4 •' . ¢-, C F f --""7. ria... .4, fii ,fie illiff IP 440,40,A, , •: - , ,‘ , 03 iiimow,_ more glivi ic tDOft Iii‘r.-- ...k. r , _ A.,,,r __ _____ esi 71- . Cri ,.,,, \ . k.. •,.. ma* mi. \ - ';' 4 , /"4 . i" '. , ii. ,_. . „,..„, c . 4 �I1 f ..,,,,,,,,,„. .. ..„,60 e 1 / v t OM • I CO .� f c � L , k 'r. ' _ 0; C ' \-- :t.0 •--- 66,658416411........01( r..... j 4 lig 7� Illgim - F .;- • 444114e/ .1 - . l' i3 _ f I . 4110 1,:,,,:s: ..., j r ___... v. IOW __ _n_'s_ . . ' r . _ 1 10k: tri, - , 0 *XV., re . ..., , - l ' , 1, ; ,1.),4\...1; aC73‘ y _ +++•y .,..' _.,,.1_',,_.i,.,-.......—...' ,. .,'„, ---• ,,., :11:- ..iri- ' #. `` _. ) , Az f , A , .--1 . -.,. • , VGiM ^. 1 fS ...Ni,,, .4-,,,.5,7,, ri ` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant] An Ordinance to Amend the official Zoning Map by the designation and incorporation of additional properties into the Historic Kempsville Area Overlay District (GPINs 1466774982, 1466884575). COUNCIL DISTRICT-KEMPSVILLE MEETING DATE: June 21, 2016 • Background: The Historic Kempsville Area Master Plan, adopted on January 24, 2006, is a component of the Comprehensive Plan. Concurrent with the adoption of the Master Plan, the City Council adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Area Mixed-Use District as well as the Historic Kempsville Overlay District. Since the adoption of the Kempsville Area Master Plan and the creation of the B-4K District, the City has purchased numerous properties within the Overlay Area. • Considerations: This request is to incorporate two, City-owned parcels into the Kempsville Overlay District. Both parcels are directly adjacent to the Overlay District. The first parcel is developed with a City Pump Station and is located along Kempsville Road. The second parcel is undeveloped and located at the terminus of Belingham Road. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. • Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach. Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De me ncy: Planning Departm- 1 .; City Manager: 1 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP 2 BY THE DESIGNATION AND INCORPORATION OF 3 PROPERTY INTO THE HISTORIC KEMPSVILLE AREA 4 OVERLAY DISTRICT 5 6 WHEREAS, the public necessity, convenience, general welfare and good zoning 7 practice so require; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That the official zoning map of the City of Virginia Beach be, and hereby is, 13 amended by the designation and incorporation of the property located at 544 Princess 14 Anne Road, GPIN #1466774982, and GPIN # 1466884575, both owned by the City of 15 Virginia Beach, into the Historic Kempsville Area Overlay District, as shown on the 16 official zoning map of the City of Virginia Beach, displayed to City Council and on file in 17 the Department of Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN Y: • `A � 1 ►moi/ "'�Z,- -� .., I I ning Depa a ment City Attorney's's Office CA-13736 R-1 March 25, 2016 Applicant City of Virginia Beach Agenda Items Public Hearing May 11, 2016 Ordinance to Amend the official Zoning Map 8 ,„,,,,, Virginia Beach An Ordinance to Amend the official Zoning Map by the designation and incorporation of additional properties into the Historic Kempsville Area Overlay District. Two City-owned parcels are requested to be added into the Historic Kempsville Area Overlay District. Parcel 1 Parcel 2 GPIN GPIN 14667749820000 14667749820000 Existing Land Use and Zoning District Existing Land Use and Zoning District Pump Station/ R-10 Residential Undeveloped/ R-5D Residential Site Size Site Size 12,173 square feet 6,035 square feet /RAs \ _f -1° A-24` t L_. +rf ` R-10 -,,B ? A-18* B..2- ,1:;-), %/1 B-2 441 'i B-4K 11 Nistonc B-2 Kempavdle {'4111114-b NB-2 R-101 !�. B-2' R, } (`� 14668845750000 `,,,- - _ R710 B-4K f„---- Am a. _ n I am ' _ ff..-. R' 1p ' ,R_7.5 1466774982000 Nllt j '� _..„-----1 _ R-7 5r. , - 4 . 0 IA City of Virginia Beach Agenda Items 8 Page 1 Evaluation and Recommendation Staff recommends approval of this Ordinance to Amend the official Zoning Map to include two addition parcels within the Historic Kempsville Overlay District.The inclusion of these parcels in the Overlay District is a piece of the larger vision for the Historic Kempsville Area that includes the consolidation of parcels and redevelopment that recreates a village setting, building on the natural setting and historic character of the area. City of Virginia Beach Agenda Items 8 Page 2 * .--- 4,"z , O I 4, a #: ` y r w OC) ':fir, k "... \\<, CNI ,,,,,.....a) cf.4k_ ' 3y ii,j " ,.. \ It Csil .....„,/ , , , 449 1 ,w. vale OD Crb lir 'Pilir i r j ri est '' " �iL Lt) C.----' r '---.4t ! I. W a 1 VIII w. , J - 04 .* I t ! I " �- _,..,, 1,,I,:. _ f C . \ 01.----. .,tr .-.. - ,;,:: :--c ,...,--: . :, .,....._ .....II 7:7- .,..„4:,,,, ....„ w „ ,v rr ', , f Item#8 City of Virginia Beach An Ordinance to Amend the official Zoning Map by the designation and incorporation of Additional Properties into the Historic Kempsville Area Overlay District. May 11, 2016 CONSENT An Ordinance to Amend the official Zoning Map by the designation and incorporation of additional properties into the Historic Kempsville Area Overlay District. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 8 for consent. Kevin Kemp appeared before the Commission. L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 06/21/16 tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/07/2016 Revised June 9,2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DN OK MMS H LW O Y L N A O O O R S 0 R E E EN SNM 100 T R Y S E SD SNND CITY COUNCIL'S BRIEFINGS A. HRSD Groundwater Injector Ted Henifm,HRSD Proposal 11. CITY MANAGER'S BRIEFINGS A. WATER QUALITY John Fowler, REGULATORY PROGRAMS/ Public Works Citywide Environmental Melanie Coffey, Protection Agency/Department Public Works of Environmental Quality Stormwater Permit B. SANDBRIDGE DUNE Tom Leahy, ENCROACHMENT Deputy City Manager Beverly Wilson, Associate City Attorney III/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VINII SESSION VII.F MINUTES: APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL/FORMAL SESSION May17,2016 VILG FORMAL SESSION AGENDA CONSENT AGENDA VII.H MAYOR'S PRESENTATION RESOLUTION Gino Colombara, Alzheimer's and Brain Awareness President,Alzheimer's Month Association of Southeastern Virginia VIII. PUBLIC HEARINGS 1. Indian River Road/Providence No Speakers Road Improvement 2. Franchise Agreement re 5K Race No Speakers Series on the Boardwalk VII.J.1 Ordinance to AUTHORIZE the ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y acquisition of property in fee CONSENT simple for ROW re Indian River Road/Providence Road Improvements by agreement or condemnation VII.J.2 Ordinance to GRANT a Franchise ADOPTED,BY 10-0 Y Y Y Y Y Y Y s Y Y Y Agreement with J&A Racing CONSENT Foundation Inc. n D VII.J.3 Resolution to ESTABLISH an Ad ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Hoc Committee re assist residents CONSENT with Paying City Service Bills CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/07/2016 Revised June 9,2116 PAGE: 2 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H L W O Y LN A O O O R S 0 R EEENSNM 100 T R Y S E S DSNND VII.J.4 Ordinance to ACCEPT/ ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$15,000 from the CONSENT Ninth Annual Virginia Beach Business Appreciation Charity Golf Classic Networking Reception /AUTHORIZE donations to: a. Children's Hospital of the King's Daughter Health Center/Urgent Care b. Entrepreneurship and Business Academy at Kempsville High School c. Sister Cities Association of Virginia Beach VII.J.5 Ordinance to AUTHORIZE an ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Amendment to the Agreement CONSENT between the City/Kempsville Borough Boys Baseball,Inc.,re repairs to the Sculpture VH.J.6 Ordinance to MODIFY/ ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXTEND the date for satisfying CONSENT the conditions in closing a portion of an unimproved ROO,known as Circle Lane VII.J.7 Ordinances re Sheriffs Office: ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y a.APPROPRIATE/ CONSENT TRANSFER$988.125 re medical contract expenses/sick leave payouts b.AUTHORIZE a part time ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y position re assist in workload CONSENT management VII.J.8 Ordinances re Department of ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y Housing/Neighborhood CONSENT Preservation: a.APPROPRIATE/ TRANSFER$157,837 within the FY2016-2017 Operating Budget b.AUTHORIZE three(3)full time positions VII.J.9 Ordinance to ESTABLISH Capital ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Project 3-210,`Correction CONSENT Center Generator Replacement Grant"/ACCEPT, APPROPRIATE,TRANSFER Grant Funds re replacement of a generator at the Correction Center VIl.K.1 DACOR,LLC Subdivision Variance APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y to subdivide lot at Feny Point CONDITIONED BY Road/West of Indian River Road CONSENT DISTRICT 1-CENTER.VILLE VII.K.2 OCEAN RENTAL PROPERTIES, APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Special Exemption for CONDITIONED BY Alternative Compliance to the CONSENT Oceanfront Resort District Form- Based Code re row houses/ detached house at 514/528 21' Street CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/07/2016 Revised June 9,2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H LW O Y LN A O O O R S 0 R E E EN S NM I 00 T R YS ESDSNND VII.K.3 BEACH BOROUGH APPROVED, 10-0 Y Y Y Y Y Y Y B Y Y Y DEVELOPMENT,LLC for a CONDITIONED BY Modification to a Nonconforming CONSENT A Use re a four-unit building to three units within two buildings E at 403 33rd Street DISTRICT 6- BEACH VII.K.4 KING FARMS,LLC/PAMELA APPROVED,BY 10-0 B Y Y Y Y Y Y Y Y Y Y and STEVEN GRAY for a CONSENT Modification of Proffers of a A Conditional Change of Zoning (approved March 3,2015)re E adjustments of the front yard ° setbacks at 2852/2876 West Neck Road DISTRICT 7— PRINCESS ANNE VII.K.5 PHIL BONIFANT for a APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions to a CONDITIONED BY CUP"Country Inn"(approved CONSENT December 9,2003)and a CUP for assembly use at 2244/2252 Indian River Road DISTRICT 7— PRINCESS ANNE VII.K.6 DIRECT INDEPENDENCE DEFERRED TO JULY 10-0 Y Y Y Y Y Y Y B Y Y Y GROUP,LLC for a Conditional 12,2016,BY CONSENT COZ from 0-2 to Conditional B-2 A at 449/457/465 Independence Boulevard DISTRICT 2- E KEMPSVILLE VII.K.7 FARMHOUSE,LLC: APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y a.Conditional COZ from 0-2 to CONDITIONED BY Conditional B-2 CONSENT b.CUP re craft brewery, assembly use and open air market at 1805 Kempsville Road DISTRICT 2— KEMPSVILLE VII.K.8 VIRGINIA BEACH TRAVEL APPROVED, 9-1 Y Y N Y Y Y Y B Y Y Y SOCCER/COLONIAL SELF- CONDITIONED STORAGE,LP re Buckner A Boulevard/Holland Road: a. CUP re indoor recreation b. Floodplain Variance DISTRICT 3—ROSE HALL VII.K.9 LEONARD ALUMINUM APPROVED, 10-0 Y Y Y Y Y Y Y B Y Y Y BUILDINGS,INC./FAYE W. CONDITIONED BY FORBES,ET AL.for a CUP re CONSENT A vehicle sales/rental/bulk storage ' yard at 980 South Military Highway DISTRICT I- ° CENTERVILLE VII.K.10 JOSEPH J.ARZILLO for a CUP re APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y auto repair garage at 3476 CONDITIONED BY Chandler Creek Road DISTRICT 3 CONSENT ROSE HALL VIl.K.11 BRENTON RODGERS/ACT B APPROVED, 10-0 Y Y Y Y Y Y Y B YY Y PARTNERS for a CUP re tattoo CONDITIONED BY parlor at 2973 Shore Drive CONSENT A DISTRICT 5—LYNNHAVEN N D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/07/2016 Revised June 9,2016 PAGE: 4 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOK MMS H LW O Y L N A O O O R S 0 R EEENSNM I 00 T R Y S ESDSNND VII.K.12 CITY OF VIRGINIA BEACH: DEFERRED 30 DAYS, 11-0 Y Y Y Y Y Y Y Y Y Y Y a. Ordinance to AMEND Section BY CONSENT 1.5 of the Site Plan Ordinance re definition of a Dwelling Unit b. Ordinance to AMEND APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Sections 203(b)(5)/204(d)of CONSENT the CZO re illumination onto adjacent parcels VILL. APPOINTMENTS RESCHEDULED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y BIKEWAYS and TRAILS CONSENSUS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS—PLUMBING/ MECHANICAL CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION TOWING ADVISORY BOARD CITY SERVICES BILL Appointed(No Term): 11-0 Y Y Y Y Y Y Y Y Y Y Y AFFORDABILITY AD HOC Christopher W.Chope— COMMITTEE Chair Thomas Dillon—Resident / Accountant Jennifer K.Vaughan- Representative for non- profit Karen Munden- Representative for lower income Teresa Stanley, Representative for HR Craig Cope,Citizen Leo Ortiz,Citizen Hugh Tierney,Citizen Deputy City Manager re Public Utilities and Maintenance,Public Works Representative of Mayor's Commission on Aging Shannon Kane,City Council Liaison DEVELOPMENT AUTHORITY Jerrold Miller 10-0 Y Y Y Y Y a Y Y Y Y Y Appointed unexpired term thru 8/31/16 plus a 4-yr n term to 8/31/20 N E D HUMAN RIGHTS COMMISSION Joseph Hyatt—Junior at 11-0 Y Y Y Y Y Y Y Y Y Y Y Salem H.S. Appointed 2-yr.term: 9//1/16-8/31/18 OPEN SPACE ADVISORY Maury Hill 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Appointed 3-yr.term: 6//7/16-5/31/19 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:06/07/2016 Revised June 9,2016 PAGE: 5 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H LW O YLN A O O O R S 0 R EE EN SNM 100 T R Y S ESDSNND PARKS and RECREATION Victoria Nilsson—Senior 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION at Princess Anne H.S. Appointed 1-yr term; 9/1/16—8/31/17 Braydon Beckwith— Junior at Tallwood H.S. Appointed 2-yr teen; 9/1/16—8/31/18 PUBLIC LIBRARY BOARD Jada Copeland—Senior 11-0 Y Y Y Y Y Y Y Y Y Y Y at Bayside H.S. Appointed 1-yr term; 9/1/16-8/31/17 Charlotte Delumpa- Alexander—Junior at Ocean Lakes H.S. Appointed 2-yr term; 9/1/16-8/31/18 VII.M/ ADJOURNMENT 6:34 P.M. N/O PUBLIC COMMENT 9 Speakers 6:56 Adjournment of Public Dialogue