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HomeMy WebLinkAboutJULY 12, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0A•BEA MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR!.OUTS R.JONES,Bayside-District 4 0 M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District 1 U tn ��. BARBARA M.HENLEY,Princess Anne District 7 SHANNON DS KANE,Rose Hall—District 3 JOHN D.MOSS,At Large e AMELIA ROSS-HAMMOND,Kempsville-District 2 °°,` JOHN E. UHRIN,Beach District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING JAMES L. WOOD,Lynnhaven-District 5 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER—DAVID L.HANSEN CITYA1TORNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 FAX(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN E-MAIL. F FAX (757)385- 669 CITY AUDITOR-LYNDON S.REMIAS 12 July 2016 com CITY CLERK—RUTH HODGES FRASER,MMC y MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 4:00 PM A. HUMAN RIGHTS COMMISSION (HRC) Annual Report William C. "Cliff' Rice, Chair B. ARENA FINANCING/DEVELOPMENT RESOLUTION—(Proposed) Douglas L. Smith, Deputy City Manager II. CITY MANAGER'S BRIEFINGS A. VIRGINIA BEACH CRIME STATISTICS Chief James Cervera, Police B. SEVERE REPETITIVE LOSS PROGRAM Erin Sutton, Emergency Management Mark A. Johnson, Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. 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 VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Retired Priest of Diocese of Richmond, James Parke 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 July 5, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. SALE OF EXCESS CITY PROPERTY 225 Gatewood Avenue DISTRICT 6 - BEACH I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 18-114 and ADD Section 18-114.1 re Business License Tax (BPOL) for Marine Cargo shipping companies 2. Resolution to ENDORSE the ARENA bond financing arrangement proposed by United States Management (USM) and EXTEND time for meeting certain deadlines in the Arena Development Agreement 3. Ordinance to DECLARE property at 225 Gatewood Avenue as EXCESS and AUTHORIZE the City Manager to EXECUTE the necessary documents to sell same to Raymond P. and Karen J. Gayhart DISTRICT 6 - BEACH 4. Resolution to DECLARE Montage Resort Apartments to be a Revitalization Area 5. Ordinance to AUTHORIZE temporary encroachments into City-owned, property known as Treasure Canal, at 2009 Compass Circle re vinyl bulkhead and other improvements DISTRICT 5 —LYNNHAVEN 6. Ordinance to AMEND FY2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation re HUD,Home Programs and Virginia Rental Assistance 7. Oyster Heritage Plan: a. Resolution to AUTHORIZE Oyster Heritage Plan b. Ordinance to an APPROPRIATE and TRANSFER : i. $56,797 from Oyster Heritage Fund to Planning ii. $ 3,294 from General Fund Reserve for Contingencies to Planning iii. $40,000 from Oyster Heritage Fund to Public Works 8. Ordinance to ESTABLISH the "Flood Mitigation Grant Program II" and ACCEPT and APPROPRIATE Grant Funds re elevating homes susceptible to repeat flooding 9. Ordinance to APPROPRIATE funds from General Fund: a. $181,813 to the Virginia Aquarium Building Systems and Facility Infrastructure re demolition of collapsed aviary netting b. $640,673 to the Aquarium Marsh Pavilion re exhibits destroyed when the aviary collapsed J. PLANNING 1. WALLER ENTERPRISES, LLC / RHAE ADAMS JR. for a Subdivision Variance at 221 75th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. IGLESIA CRISTIANA NUEVA VIDA / 118 ASSOCIATES, LLC for a Modification to the Indian Lakes Land Use Plan for a Conditional Use Permit re religious use at 1100 Indian Lakes Boulevard DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. ACELA AGUERREBERE LANE for a Conditional Use Permit re Family Day-Care at 1425 Glenwood Links Lane DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 4. CHRISTIAN BROTHERS AUTOMOTIVE CORPORATION / CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC. for a Conditional Use Permit re auto repair garage at the corner of Holland Road and Warwick Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM (CSA—AT RISK) HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 07/12/16 jb MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 4:00 PM A. HUMAN RIGHTS COMMISSION (HRC) Annual Report William C. "Cliff' Rice, Chair B. ARENA FINANCING/DEVELOPMENT RESOLUTION—(Proposed) Douglas L. Smith, Deputy City Manager II. CITY MANAGER'S BRIEFINGS A. VIRGINIA BEACH CRIME STATISTICS Chief James Cervera, Police B. SEVERE REPETITIVE LOSS PROGRAM Erin Sutton, Emergency Management Mark A. Johnson, Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. 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 VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Retired Priest of Diocese of Richmond, James Parke 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 July 5, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. SALE OF EXCESS CITY PROPERTY 225 Gatewood Avenue DISTRICT 6 - BEACH ,..,,,,,, ..,,,.„,„.„.,,,c,„ c„.„,.1, „.....„..„.„ ,,,„_,,,, ,,.. ,,,,, ,,. PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property,Tuesday,July 12,2016 at 6:00 p.m.,in the Council Chamber of the City Hall Building (Building #1)at the Virginia Beach Municipal Center,Virginia Beach,Virginia.The property is located at 225 Gatewood Avenue(GPIN:2407-02- 3622).The purpose of this hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". 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 1-800-828-1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building#2, Room 392, at the Virginia Beach Municipal Center.The Real Estate Office telephone number (757)385-4161. Ruth Hodges Fra ,MMC Ity Clerk BEACON:JULY 3,2016 I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 18-114 and ADD Section 18-114.1 re Business License Tax (BPOL) for Marine Cargo shipping companies 2. Resolution to ENDORSE the ARENA bond financing arrangement proposed by United States Management (USM) and to EXTEND time for meeting certain deadlines in the Arena Development Agreement 3. Ordinance to DECLARE property at 225 Gatewood Avenue as EXCESS and AUTHORIZE the City Manager to EXECUTE the necessary documents to sell same to Raymond P. and Karen J. Gayhart DISTRICT 6 - BEACH 4. Resolution to DECLARE Montage Resort Apartments to be a Revitalization Area 5. Ordinance to AUTHORIZE temporary encroachments into City-owned, property known as Treasure Canal, at 2009 Compass Circle re vinyl bulkhead and other improvements DISTRICT 5 —LYNNHAVEN 6. Ordinance to AMEND FY2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation re HUD, Home Programs and Virginia Rental Assistance 7. Oyster Heritage Plan: a. Resolution to AUTHORIZE Oyster Heritage Plan b. Ordinance to an APPROPRIATE and TRANSFER : i. $56,797 from Oyster Heritage Fund to Planning ii. $ 3,294 from General Fund Reserve for Contingencies to Planning iii. $40,000 from Oyster Heritage Fund to Public Works 8. Ordinance to ESTABLISH the "Flood Mitigation Grant Program II" and ACCEPT and APPROPRIATE Grant Funds re elevating homes susceptible to repeat flooding 9. Ordinance to APPROPRIATE funds from General Fund: a. $181,813 to the Virginia Aquarium Building Systems and Facility Infrastructure re demolition of collapsed aviary netting b. $640,673 to the Aquarium Marsh Pavilion re exhibits destroyed when the aviary collapsed z4:441. 24.._s fit - a$sj CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to amend City Code Section 18-114 and to Add Section 18-114.1 Regarding the Business License Tax for Marine Cargo Shipping Companies MEETING DATE: July 12, 2016 • Background: The Business, Professional and Occupational License (BPOL or Business License) Tax is a tax on the gross receipts of a business operating within the City. The BPOL tax is a privilege tax. The tax must be uniform for businesses within classifications or subclassifications. The local governing body has discretion to establish separate subclassifications for businesses and can tax the businesses in such subclassifications at different rates. However, any business within the established classification or subclassification must be treated equitably. • Considerations: The attached ordinance removes "marine cargo handling" from the general classification, "Transportation and Warehousing Businesses," and establishes a separate subclassification entitled "Marine Cargo Shipping." There are currently no businesses in the City that qualify as "Marine Cargo Shipping," so there is no fiscal impact for this item. The establishment of such subclassification allows the City to focus its efforts to bring qualifying businesses to the City with a competitive BPOL tax rate. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting D. • - r - • ' gency: Commissioner of Revenue (14—' City Manage ►=4*' 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTION 18-114 AND TO ADD SECTION 18- 3 114.1 REGARDING THE BUSINESS LICENSE 4 TAX FOR MARINE CARGO SHIPPING 5 COMPANIES 6 7 Section Amended: § 18-114 8 Section Added: § 18-114.1 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA THAT: 12 13 That Section 18-114 of the City Code is hereby amended and reordained and 14 Section 18-114.1 of the City Code is hereby added to read as follows: 15 16 Sec. 18-114. - Transportation and warehousing businesses. 17 18 (a)The license tax rate for every person engaged in any transportation and 19 warehousing business shall be 0.36 percent of the gross receipts in such business 20 during the preceding calendar year. 21 22 (b)Transportation and warehousing businesses referred to in this section shall include 23 those businesses set out below and any miscellaneous transportation and 24 warehousing business not elsewhere classified: 25 26 (1) Local trucking and storage. 27 (2) Farm product warehousing and storage. 28 (3) Refrigerated warehousing. 29 (4) Food lockers, with or without food preparation facilities. 30 (5) Household goods warehousing and storage. 31 (6) General warehousing and storage. 32 (7) Towing and tugboat service. 33 (8) Excursion boats. 34 (9) Sight-seeing boats. 35 (10 36 (11) Water transportation services, not elsewhere classified: 37 a. Boat hiring, except pleasure. 38 b. Boat yards, storage and incidental repair. 39 c. Marine salvaging. 40 d. Rental or charter of commercial boats. 41 (11 42) Flying charter service. 42 (12 43) Sight-seeing airplane service. 43 (13 44)Airports and flying fields. 44 (14 .1-5) Pipeline transportation. 45 (15 45) Transportation services. 46 (16 1-7) Arrangement of transportation. 47 (17 14) Stockyards. 48 (18 1-9) Packing and crating. 49 50 Sec. 18-114.1. - Marine Cargo Shipping. 51 52 The license tax rate for every person engaged in the business of marine carpo 53 shipping, not arrangement of transportation, haulers or deliverers, shall be as follows: 54 55 (a) 0.36 percent of the gross receipts during the preceding year up to 56 $500,000.00, plus 57 58 (b) 0.000001 percent of the gross receipts during the preceding year in excess of 59 $500,000. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. 'OVED A' TO '• TENT: APPROVED AS TO LEGAL SUFFICIENCY: s Commissioner of Revenue Ci ey's 0 ice CA13779 R-1 July 5, 2016 [ . .4.-.7-,w.„ r , %,..,... 4? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Endorsing the Arena Bond Financing Arrangement Proposed by United States Management and Extending the Time for Meeting Certain Deadlines in the Arena Development Agreement MEETING DATE: July 12, 2016 ■ Background: The development of an entertainment and sports arena in the resort area of the City has been a long term goal of the City Council. On May 27, 2014, City Council adopted a resolution directing staff to proceed with negotiations with United Statement Management, LLC, and its affiliates ("USM") to attempt to develop an acceptable term sheet for the construction and operation of a privately funded arena (the "Arena"). City staff and representatives of USM worked to develop a non-binding term sheet for the construction and operation of the Arena on City-owned property adjacent to the Virginia Beach Convention Center (the "Arena Term Sheet"). On December 9, 2014, by Resolution RES-03707, City Council adopted a Resolution approving the Arena Term Sheet and authorizing the development of definitive project documents (the "Project Documents"). On December 8, 2015, by Resolution RES-03760 (the "Approval Resolution"), City Council adopted a Resolution approving (i) the execution of the Project Documents and (ii) authorizing the transfer (the "Transfer") of approximately 5.8 acres of land (the "Project Land") to the City of Virginia Beach Development Authority (the "Authority") on the terms set forth in the Project Documents. The Project Documents contemplated that USM would obtain a loan to finance its obligations for the development of the Arena from a foreign lender in the principal amount of approximately $170M and that USM would also contribute $40M in equity to the completion of the Arena. The City's interest in the underlying land would be subordinated to the financing. USM has approached the City with a new finance plan. USM proposes to sell approximately $230M in taxable bonds to finance all aspects of the construction of the Arena (the "Bond Structure"). USM would contribute $10M in pre-opening development costs towards the project. USM has identified B.C. Ziegler, a nationally recognized investment bank headquartered in Chicago ("Ziegler"). The bonds proposed by USM would be issued by the Authority as a conduit issuer. By statute, Va. Code §15.2-4909, the bonds issued would not be counted as the City's debt, nor that of the Commonwealth or the Authority. Repayment of the bonds would be from project revenues and the incentives offered by the City in the Project Documents. The incentives include a return of all taxes generated at the Arena, to include: real estate, personal property, business license, admissions, meals, plus one percent of the citywide lodging tax. Also included are one percent from both the City and Commonwealth of sales and use taxes paid for the construction of the Arena and sales taxes paid for Arena operations. The total amount of annual incentives is capped at an amount equal to the cost of USM debt service at a maximum interest rate of 6% plus a 6% return on equity. Over 33 years, the maximum amount of the incentives is $476M; but based on current estimates of performance, the projected total amount of incentives will be $437M ($229M NPV at 4%). To the extent that the actual interest rate results in lower debt service, the cap would be reduced accordingly and the maximum incentive amount would be less. In the event of a default under the bonds, neither the City, the Commonwealth nor the Authority would be under any legal obligation to cure the default or pay any sums beyond the incentive payments described above. The bonds would be underwritten and sold by Ziegler and purchased through a private placement (as opposed to registered securities sold on an open market) by large institutional investors. The bonds would be repaid over a term of 30 to 40 years from proceeds of the Arena and taxes paid to USM as a part of the Arena Fund Agreement. As with the previous financing, it is anticipated that under the Bond Structure, the City's fee interest in the Project Land would also be subordinated to the bondholders. There are material advantages to the City and USM in procuring domestic financing rather than financing provided by a foreign lender. These advantages include: reduction of uncertainly that once commenced, funding will be available for completion; elimination of the need to refinance at year fifteen (the previous model contemplated a balloon); elimination of a requirement that a percentage of materials be procured from China; and removal of potential communication barriers associated with an overseas lender. Accordingly, City staff is supportive of the Bond Structure, but on certain conditions (collectively, the "Conditions of Support") such as: (i) a limitation on the maximum amount borrowed, (ii) assurances that the payment cap under the Arena Fund Agreement (one of the Project Documents) does not increase and assurances that the maximum term of the Arena Fund Agreement remains at 33 years, (iii) the City be provided with a final financial feasibility study prior to a vote on an amendment to the Development Agreement, (iv) the bonds sold have an investment grade from one of the three national rating agencies, (v) repayment of the bonds is non-recourse to the City, Authority or Commonwealth, and (vi) all City protections and cure rights previously negotiated will be reflected in the bond documents and Project Documents. The Conditions of Support are set forth fully in Exhibit A to the Resolution accompanying this matter. As set forth in the Approval Resolution and Project Documents, USM has until September 9, 2016 to obtain a commitment letter for its financing (the "Outside Loan Commitment Date"). Per the Development Agreement, the Outside Loan Commitment Date may be extended by thirty (30) days two times if USM is diligently pursuing a satisfactory commitment and is making tangible progress towards that commitment. Based on the discussions with USM and Ziegler, the City believes USM is making tangible progress towards obtaining a commitment for financing. As such, to ensure USM has adequate time to complete its due diligence, the City deems it appropriate to exercise both thirty-day extensions at this time. Therefore, the Outside Loan Commitment Date would be extended until November 8, 2016. All other deadlines in the Project Documents would remain unchanged. ■ Considerations: The existing Project Documents require USM to contribute approximately $40M of equity and obtain debt in the amount of approximately $170M from a private funding source, specifically an overseas lender. USM's deadline for obtaining a commitment letter evidencing this financing is September 9, 2016. USM would then have up to ten months to close on the financing. The proposed Bond Structure eliminates the overseas lender and many of the uncertainties and risks associated with that source of funds. Satisfaction of the Conditions of Support would protect the interests of the City both in the project and its ongoing contributions to the project. The proposed Bond Structure anticipates financing one hundred percent (100%) of the cost of construction, not to exceed $200M, plus the capitalization (pre-funding from amounts borrowed) of items including, most notably, (i) construction interest, (ii) debt service reserves; and (iii) costs of issuance. Accordingly, the amount of debt secured by the Arena and the City-owned land under the Arena increases. • Information: Advertisement of City Council Agenda • Attachments: Disclosure Statement, Resolution Submitting De• . m, . -ncy: Economic Development / SGA O ceS.•-""QD City Manager: ►,4:I�7 0141A BF,gc fS!> y City of Virginia Beach 99,fS Up OUR NAS�otS VBgov.com JOHN MOSS July 6, 2016 PHONE: (757) 363-7745 COUNCILMAN-AT-LARGE MOSSJOHN@COX.NET HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues: It is that time of year again. I will be investing a week with Boy Scout Troop 375, sponsored by Old Donation Episcopal Church, at Boy Scout Summer Camp. This year we will be calling Camp Shenandoah Boy Scout Camp "home" from the afternoon of Sunday, July 10"', to the morning of Saturday, July 16Th If the course of events with regard to the Arena were going to result in a vote to actually mod the existing Arena contract at our Tuesday, July 12th City Council Formal Session, I would make the round trip from just west of Staunton, Virginia, back to cast my vote. Such is not the case; however, based on the Brief to City Council on Tuesday, July 5, 2016, during Closed Session. Therefore, I will not return from B.S.A. Camp Shenandoah to cast my vote. The vote at our Tuesday, July 12, 2016, Formal Session is limited to adopting the conditions that have to be met for City Council to schedule a vote at some point in the future to actually modify the Arena Agreement now in place; and, to grant ESG additional time to satisfy the conditions to be adopted on July 12`x' - -conditions I support. I do request the City Clerk enter this letter into the Formal Session minutes to accomplish two objectives:first, to provide the voters to whom I am accountable the reason for my absence from a voting meeting; and, second, to document that I support the Council terms that have to be met by ESG to consider modification of the existing Arena Contract/Agreement. I remain a strong proponent of the Arena. Beach residents do view the ability to move beyond foreign financing and prescribed foreign sourcing of materials as a positive move. Council, however, owes the public due diligence to understand all the details and maintain a low risk profile for Beach taxpayers. I look forward to rejoining you on Tuesday, August 2, 2016, after our July Recess. I have the good fortune and God's blessing to celebrate 35 years of marriage with Kathy on Monday, August 1'. It certainly does not seem anywhere close to that as having fun has made time move like the blink of an eye. Sincerely, 1. li� John D. Moss cc: City Manager City Attorney City Clerk Media 4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455 1 2 RESOLUTION ENDORSING THE ARENA BOND 3 FINANCING ARRANGEMENT PROPOSED BY 4 UNITED STATES MANAGEMENT AND 5 EXTENDING TIME FOR MEETING CERTAIN 6 DEADLINES IN THE ARENA DEVELOPMENT 7 AGREEMENT 8 9 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 10 and City staff have engaged in extensive negotiations with representatives of United 11 States Management, LLC, and its affiliates (collectively "USM"), regarding the 12 development of an arena on City-owned property adjacent to the Virginia Beach 13 Convention Center (the "Arena"); 14 15 WHEREAS City staff and representatives of USM developed a non-binding term 16 sheet for the construction and operation of the Arena (the "Arena Term Sheet"). 17 18 WHEREAS, on December 9, 2014, by Resolution RES-03707, the City Council of 19 the City of Virginia Beach (the "City Council") approved the Arena Term Sheet dated 20 November 25, 2014 and authorized the development of definitive project documents 21 (the "Project Documents"); 22 23 WHEREAS, the Arena Term Sheet reflected the understanding of the City 24 Council and USM of the terms and conditions for the development of the Arena and 25 served as a basis for the definitive, binding documents between the parties; 26 27 WHEREAS, on December 8, 2015, by Resolution RES-03760 (the "Approval 28 Resolution"), City Council adopted a Resolution approving (i) the execution of the 29 Project Documents, and (ii) authorizing the transfer of approximately 5.8 acres of land 30 (the "Project Land") to the City of Virginia Beach Development Authority (the "Authority") 31 on the terms set forth in the Project Documents. 32 33 WHEREAS, the parties executed a Development Agreement dated December 34 11, 2015, with a form of the remaining Project Documents attached thereto as exhibits 35 (the "Development Agreement"); 36 37 WHEREAS, the Project Documents contemplated that USM would obtain a loan 38 to finance its obligations for the development of the Arena from a foreign lender in the 39 principal amount of approximately $170M, and that USM would also contribute $40M in 40 equity to the completion of the Arena. 41 42 WHEREAS, USM has approached the City with a new financing plan, which 43 includes selling approximately $230M in taxable bonds to finance all aspects of the 44 construction of the Arena (the "Bond Structure"), and contributing $10M in pre-opening 45 development costs. 46 47 WHEREAS, USM has proposed to engage B.C. Ziegler, a nationally known 48 investment bank, headquartered in Chicago to serve as the underwriter for the bonds 49 sold under the Bond Structure; 50 51 WHEREAS, the bonds proposed by USM would be issued by the Authority as a 52 conduit issuer. By statute, Va. Code §15.2-4909, the bonds issued would be the debt of 53 neither the City, the Commonwealth nor the Authority, and, in the event of a default 54 under the bonds, neither the City, the Commonwealth nor the Authority would be under 55 any legal obligation to cure a default or pay any sums owing under the bonds; 56 57 WHEREAS, the Bond Structure eliminates the overseas lender and many of the 58 uncertainties and risks associated with that source of funds, and is expected result in a 59 lower interest rate than was anticipated under the international financing and therefore a 60 savings to the Arena; 61 62 WHEREAS, the Bond Structure anticipates financing one hundred percent 63 (100%) of the cost of construction, not to exceed $200M, plus requires the capitalization 64 (pre-funding from amounts borrowed) of items including, most notably, (i) construction 65 interest, (ii) debt service reserves; and (iii) costs of issuance. Accordingly, the amount 66 of debt secured by the Arena and the City-owned land under the Arena increases; 67 68 WHEREAS, the Project Documents contain a September 9, 2016 deadline for 69 USM to obtain a commitment letter evidencing their proposed financing (the "Outside 70 Commitment Deadline"); 71 72 WHEREAS, the Project Documents also provide for the extension of the Outside 73 Commitment Deadline by the City by up to sixty (60) days; 74 75 WHEREAS, to ensure USM has ample time to complete the due diligence 76 necessary to secure the financing contemplated by the Bond Structure, Council is of the 77 opinion that the Commitment Deadline should be extended as contemplated by the 78 Project Documents until November 8, 2016; 79 80 WHEREAS, Council is of the opinion that the Bond Structure, by utilizing a 81 domestic source of capital, presents significant advantages to the previous international 82 structure contemplated by USM and therefore potential benefits to the City of Virginia 83 Beach and its residents; and 84 85 WHEREAS, Council enthusiastically supports USM's pursuit of the Bond 86 Structure so long as the final terms of that financing are consistent with the Conditions 87 of Support, attached hereto and incorporated herein as Exhibit A. 88 89 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 90 OF VIRGINIA BEACH, VIRGINIA: 91 92 1. City Council supports USM's pursuit of the Bond Structure and USM's 93 engagement of B.C. Ziegler to facilitate the Bond Structure, so long as such financing is 94 consistent with the Conditions of Support attached hereto as Exhibit A. 95 96 2. The Outside Commitment Deadline is hereby extended until November 8, 97 2016, with no further extensions without further City Council approval. 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 100 of , 2016. Requires an affirmative vote of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: gat& tk,AA Department o Finance Econom velopment CA13617 R-1 July 5, 2016 EXHIBIT A City's Conditions of Support 1. Maximum amount financed shall be no more than $200M for construction or the actual guaranteed maximum price for the design-build construction contract, whichever is less; plus capitalized interest on a drawn-down basis, debt service reserves and issuance costs. 2. The amount financed shall not include any previously incurred expenditures by USM or any development fee payable to USM. 3. Maximum Payment Cap set forth on Schedule 2 to the Arena Fund Agreement shall not change, including the maximum annual payment amounts and the maximum 33 year term of such payments. 4. A complete independent financial feasibility study shall be provided to the City prior to any vote on an amendment to the Development Agreement. 5. The bonds shall carry an investment grade from one of the three major rating agencies: Moody's: at least Baa3 S&P: at least BBB- Fitch: at least BBB- 6. Repayment of the bonds shall be payable solely from the revenues from the project, including the previously agreed City incentives, and shall not be a general obligation of the City, Development Authority or the Commonwealth of Virginia 7. All protections and cure rights of the City contemplated by the Project Documents will be included in the final Project Documents and final documents evidencing the Bond Structure. cry Virginia Beach _.."— APPLICANT'S NAME:United States Management, 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 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 be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the apphcatlon(s). Q APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE: • Virginia Beacir — El Check here if the APPLICANT IS NOT a corporation, partnership, firr ' business, or other unincorporated organization. ExCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. United States Management, LI (A) List the Applicant's name:_ if an LLC, list all member's names: See Attached. 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 r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) USM is a member of The ESG Companies family of companies and has no other subsidiary relationships. 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 Avnlicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. ri 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: City of Virginia Beach If an LLC, list the member's names:_ Page 2 of 5 • air "Q 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§22-3101. 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. CI) a controlling owner in one entity is also a controlling owner in the other entity,or Oil) 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 APPLJCANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 t.i..-.' ,... S. :.:?:>,:.,t�:.-. ....r',. =_sr.a•:. :., ,a•F F�'y:.Tl::r�: :,.;{:i �`,y. :.11 r- -?'?,.Vc�s�`?r: .., ......--...,..-. ....r.4.. 4 ✓. .1 YES NO SERVICE PROVIDER( '=. . as If ne 1 Accounting and/or preparer of None have been selected at this time. `"4 your tax return Currently use in-Douse CPAs. Architect/Landscape Architect See Attached Land Planner Contract Purchaser(if other than L_._1 El the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed A purchaser of the subject property El FA° (Identify purchaser(s)and purchaser's service providers) EjConstruction Contractors Sea Attached El Engineers/Surveyors/Agents See Attached } El Financing(include current See Attached mortgage holders and lenders EJ selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services See Attached Real Estate Brokers/ None 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 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 >,�'1.'"�•i`; .:;�r471..:n.: - ,.ap.:.:R7::.rr•�;::.,.v •..� :.��+. .;p. - :� :�DaYGry..','tivtix'i '';:Ala •i�eYrW�.}:` .G: .•) ��;: (C+'yi' Aa::):'..t:' + •:r.-a,'''��'• ;%4 t'Y�'' >v?h.•+y, i "t•'•.J..;Vn ;.: +C +iR"• cal .s• •,,,a .•':.;... :'i' '1E!T,..�r.•,w'`�'tT` i;k:•K .,2;^r-r!�,�_��.agr�?, ��:u'i�r.rz•a+crv�,�K � .1;� �=�'•�•.�ciSl -RjC'.�4''r +�.Y+'':..+-.�., :ly.:l.:,n� ., .� er � � •,! s3 s •y ".t7� :et:.'11:':,:Si .'tit� ..�s;:'p 'i' ..Y.. '_#.: 'l. ;.� -,%ec :_:::- J•,c'1i ,J. ., l. L? ."i.. ,i:!'.,p:-+.•sYKl�'l:lliie'i. i-i::.;'ut•..;:q•: ..,�i.7' :aa!iiau �:4'.: .�'' -+'e . Na `eyt ' • 't fi•� +• i $i,,.:: ': :art}.}ji,`+n�s't t:� '.to ''w:W:: � •.,.y -..*• ..h. ..a ':t'.;''y L ral°C ,'.i "J�i:'�. .•i1-. :'ti..'S �... :�� 1r:•'•;t.. ;^t, :,.-.•t :a l+p�:;.t." .,..�.4sfi;: YC"}++i'; �j i ..cey]i';:u.:3;:•.:�.`i;i. ; . •...'.•••;;•c;') ; • ,• ,L. ilt R 1> ,` + _..�-...m..�.umue+�,e,.ucc.:z^x.uv�ti.,z r..:!_,auraPix• j�..,.s..-•.a"'"•y-w'✓�i w/' CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this 4 Application. ndrea M. Kilmer, President/CEala')lab) b, APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE Page 5 of 5 SOUSA, WIWI MU,Mani*entent --December 1 5 Attachments United States Management,Lit(USM) Virginia Beach Arena Disclosure Statement Form 1. Applicant Disclosure A. USM Manager,LLC(100%) Key USM Officers: a. Edward S.Garda,Chairman* b. Andrea M.Kilmer,President and CEO c. Michael F.Gelardi,Vice President of Construction Operations d. Joseph E.Gelardi,Vice President and Program Director e. Joshua D. Kellam,Vice President 1. Valerie L.Wilkinson,CFO g. Brittany M.Williams,Assistant Secretary and Treasurer *Denotes controlling member 2. Services Disclosure The Virginia Beach Arena Project Team composition is as listed below as previously disclosed in USM's response to the City's Arena Solicitation No.CITY-14-0016 submitted on February 14,2014. in this regard,no individual contracts have been finalized,as these contracts are contingent upon the final terms and conditions within the Development Agreement with the City. This list is by no means comprehensive,as USM intends to make reasonable efforts to utilize SWAM and minority businesses In support of City of Virginia Beach goals and any such contracts may not be negotiated until the final development agreement has been approved. a. Architect&Engineers: Clark Nexsen AECOM —h—. 44,eeffement-gpeeialiet,;— Page 1 of 2 United States Management,LLC• 3333-24 Virginia Beach Blvd.a Virginia Beach,Virginia 23452 ji .1515111 wand sups MamOeneet �. .. 4 c. Construction Firm(s): M.A.Mortenson Company SB Ballard Construction Company d. Attorney/Legal Services Greenberg Traurig,LLP Wilks,Alper&Harwood,P.C. McGuireWoods Kaufman&Canoles e. Source of financing: £ eaal _ "vitss +Ly- 4 Y,3- B ark Page 2 of 2 United States Management,LLC a 3333-24 Virginia Beach Blvd.•Virginia Beach,Virginia 23452 NwAII A 17 s3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 225 Gatewood Avenue (GPIN 2407-02-3622) to be in excess of the City's needs and authorizing the City Manager to sell same to Raymond P. Gayhart and Karen J. Gayhart. MEETING DATE: July 12, 2016 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 225 Gatewood Avenue (the "Property") on June 17, 2015 for $215,000. At the time of acquisition, the Property was improved with a residential dwelling that has been demolished. Raymond P. Gayhart and Karen J. Gayhart (the "Gayharts") own the adjacent property at 221 Gatewood Avenue, which is developed with their residence. The Gayharts propose to purchase the Property (15,000 sq. ft.) for $15,000 ($1/sq. ft.) and resubdivide the two properties into one residential lot. • Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. The sale would enhance the neighborhood and reduce density. The Gayharts' offer of $1/sq. ft. is in compliance with previous excess City properties sold in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of$630. • Public Information: Advertisement for public hearing as required by Section 15.2-1813 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of the Property. • Recommendations: Approve the Ordinance. • Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of$15,000.00 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Disclosure Statement, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Ilk Submitting De• -rtm- , . •ency: Public Works 0h clitt City Manager: 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 225 GATEWOOD 3 AVENUE (GPIN 2407-02-3622) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO RAYMOND P. 7 GAYHART AND KAREN J. GAYHART 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 15,000 sq. ft. parcel of land located at 225 Gatewood Avenue (the "Property") more 11 particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with a single-family home; 22 23 WHEREAS, Raymond P. Gayhart and Karen J. Gayhart (the "Gayharts") 24 own the adjacent property and they have requested to purchase the Property in order to 25 utilize it in a manner compatible with the APZ-1 Ordinance; 26 27 WHEREAS, the Gayharts desire to purchase the Property in accordance 28 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 29 30 WHEREAS, the APZ-1 Disposition Committee has recommended that City 31 Council declare the Property to be in excess of the City's needs and sell the Property to 32 the Gayharts; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property located at 225 Gatewood Avenue is hereby declared 41 to be in excess of the needs of the City of Virginia Beach and that the City Manager is 42 hereby authorized to execute any documents necessary to convey the Property to 43 Raymond P. Gayhart and Karen J. Gayhart in accordance with the Summary of Terms 44 and such other terms, conditions or modifications as may be acceptable to the City 45 Manager and in a form deemed satisfactory by the City Attorney. 46 Further, that revenue from the sale of the Property in the amount of 47 $15,000.00 will be received and fifty percent (50%) of the amount will be deposited for 48 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 49 and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be 50 deposited for future payment by the City Manager to refund the Commonwealth's 51 portion in accordance with the grant agreement. 52 This ordinance shall be effective from the date of its adoption. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of , 2016. CA13603 R-1 6/21/16 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d021\p021\00297605.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT Ctiltkik>,1) Public Works WZCI IL U Budget & Management Service APPROVED AS TO LEGAL SUFFICIENCY ty fiit;. y rn: 's Office' EXHIBIT "A" GPIN: 2417-02-3622 (225 Gatewood Avenue) All that certain lot, piece or parcel of land, with the buildings and improvements thereon, belonging, lying and situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot Twenty-Seven (27), as shown on that certain plat entitled, "Revised Plat of Gatewood Park," which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at page 87, and said Lot is also shown in Map Book 34, at page 16, reference to which are hereby made for a more particular description thereof. More commonly known as 225 Gatewood Avenue, Virginia Beach, Virginia. RESERVING UNTO THE CITY all right, title and interest of the City or the public in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed dated June 17, 2015 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20150617000559740. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 225 GATEWOOD AVENUE Seller: City of Virginia Beach Buyers: Raymond P. Gayhart and Karen J. Gayhart Property: 15,000 square feet of property generally known as 225 Gatewood Avenue (GPIN: 2407-02-3622) Legal Description: See Exhibit "A" to Ordinance Sale Price: $15,000.00 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property and the Buyers' adjacent property at the Sellers expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before July 12, 2017. _ . Thrg::.'i Rey - (-, •••., . APPLICANT'S NAME quoni -4- -,...... ..,_..4vu.-7-- ale— ref) J c-,latiitt- 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 I—Economic Development Nonconforming Use Compliance, Special Investment Program Changes _Exception for (EMI') Board of Zoning Encroachment Request Rezoning Appeals _ _ _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement _ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 1 _... _ . Me disclosures cortained in this form are nef2ssa:-y to infc; , public officials who tr ay vote on ':he. apion as to ,tthethe they have a zoi-C:iict of interest D nciu \-)irgmia iay., SECTION 1 / APPLICANT DISCLOSURE Tr f, / ?,' / ; • • ±. . t• ,,, ; sf' ' -' - • ' 1 Page I of 5 0 - - - _ Virginia Beach Check here if theAPPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT lS a corporation, partnership, firm, business, or other unincorporated organization, .1 696+- (A) List the Applicant's name:A r ,Jd ? If an LLC, list all member's naes: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (6) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes! and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property oilier is4ifferenit from Applicant, ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Q 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 Pr 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 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 § 2,2,31 01 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 OW 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 subjectpf tbe application or .ny.busirisLjaggge alggnlpIL_._._LqywPr() If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPL/CANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) El Accounting and/or preparer of your tax return 0 t Architect / Landscape Architect/ Land Planner Contract Purchaser(if ober than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O rin Construction Contractors O [ti" Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to 6C1C' 461.1itS provide financing for acquisition or construction of the property) O Legal Services Real Estate Brokers / • )X] 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 Reach 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? 6 121• j C7cLy ,1-1A / r 'I I 7.1 a/ Page 4 of 5 Pr la& Virginia Beach I _— CERTIFICATION: 1 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 4pplication. / ?66_ 41-if• )4 I APP. CAW siCNATuRI PRI NAME DATE J 6ay&-t 67' PROPERTY CoWNWS SICNA PRINT NAME I DATE Page 5 of 5 I0 Z --�� v' Cl) - I ar\ W b -------""_-f m � � ami $ F l_ O W z N11 0 • • TTIHI: ! W209 1 ---,,A\ aF. z S----1 \ \ l- 3 ---\,::::-j1. 10, - t- .J � QC7 � +i [_1 VI- � U O in 011 1. ill U LLI 1 W U\ \C:C.' U \ . \ \ 1_____.5-1\ \. SA X ___------A \____ \ \ __________---:----- \1 Qpp Av_�_ II) \ �-- d 1�� l Di , 0 ,_ ,, ,,_: Q n — W Q N `t 5-1 ---"\----\ ' . . Ls-:\ ‘----7\ „ce>.4.rw QM1 L zap p 1moo ' � q t1 iQ O O -Yti HN- 06FW- 0 Q J Usp,; Q (NIQ U' to N ----;; Vm- Z , aJp �'cD rml_� kA____>.\\'_\_1_-_ � � z 1 :Fs.; a z o III�cr) i CS.afNNHAVEN PW CD wa O `9 G _` f -J Z 'c a IA.144. ,g‹,--"':-,.:*, W 1.15')t � '~Vba `t" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Declaring the Proposed Location of Montage Resort Apartments to be a Revitalization Area in Order to Qualify for Virginia Housing Development Authority Financing MEETING DATE: July 12, 2016 • Background: The Virginia Housing Development Authority (VHDA) provides lower-cost financing for housing developments that provide mixed-income housing that serves varying populations within the same development. Trident Investment Corp. and owner Darshak Patel have proposed to develop Montage Resort Apartments on property located at 17th St. and Parks Avenue (see attached map and elevation). They propose to develop a mixed use and mixed income project that will have a small amount of non-housing space on the first floor, and 115 apartments. In order to qualify for the VHDA financing, they are asking City Council to approve the attached resolution, which is required by State law before such financing can be provided. The proposed project has been reviewed by the SGA office and the Planning Department and is consistent with Form-Based Code requirements. The developer has met with the Resort Beach Civic League to explain the project. It was also presented to the Resort Advisory Commission's Project Review Committee on July 5th. In addition, if the project goes forward, the Department of Housing and Neighborhood Preservation will provide federal funds toward development costs in order to expand the affordability of some apartments. A chart showing the planned affordability of the apartments is attached. Note that there are no subsidies provided to residents; rather the project must rent units at costs affordable to residents at defined income levels. • Considerations: This resolution is required if the project is to obtain the proposed funding. The project has been found to be consistent with the plan for the Resort Area. • Public Information: As noted above, the project was presented and discussed at the Resort Beach Civic League meeting on June 15th and at the RAC/Project Review Committee on July 5th. This item will be advertised as part of the regular Council agenda process. • Recommendations: Adopt the attached resolution • Attachments: Resolution, Exhibit A (Map and GPIN listing); Rendering; Income and Rent Requirements; §36-55.30:2 of the Code of Virginia; Disclosure p Recommende• A cti• . A pproval i Submitting D-pa - entlA•ency: Dept. of kl 'ng and Neighborhood Preservation City Manage • r` t•-..r44;••• • 1 A RESOLUTION DECLARING THE PROPOSED 2 LOCATION OF MONTAGE RESORT 3 APARTMENTS TO BE A REVITALIZATION AREA 4 IN ORDER TO QUALIFY FOR VIRGINIA 5 HOUSING DEVELOPMENT AUTHORITY 6 FINANCING 7 8 WHEREAS, pursuant to Section 36-55.30:2(A) of the Code of Virginia, the City 9 Council of the City of Virginia Beach, Virginia, desires to designate the area (the "Area") 10 described on Exhibit A attached hereto as a revitalization area; 1.1 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 1. The Council makes the following determinations: 16 a. The industrial, commercial or other economic development of the Area will 17 benefit the City but the Area lacks the housing needed to induce 18 manufacturing, industrial, commercial, governmental, educational, 19 entertainment, community development, healthcare or nonprofit 20 enterprises or undertakings to locate or remain in the Area; and 21 b. Private enterprises and investment are not reasonable expected, without 22 assistance, to produce the construction or rehabilitation of decent, safe 23 and sanitary housing and supporting facilities that will meet the needs to 24 low and moderate income persons and families in the Area and will induce 25 other persons and families to live within the Area and thereby create a 26 desirable economic mix of residents in the Area. 27 28 2. Pursuant to § 36-55.30:2(A) of the Code of Virginia, the Area is hereby 29 designated as a revitalization area. 30 31 3. The Council determines that the undesignated space for office or retail use in the 32 non-housing portion of the building located or to be located in the Area is 33 necessary or appropriate for the industrial, commercial or other economic 34 development of the Area. 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: e4,40 12:14., C H using and Neighborhood City At orney's Office Preservation CA13774/R-1/June 29, 2016 EXHIBIT A: MAP Attachment to Agenda Request re: Resolution Declaring Montage Resort Apartments a Revitalization Area—City Council July 12, 2016 Montage Resort Apartments. Virginia Beach Boutz- ` ard a d Parks Avenue F.d iu tt '+ ''"" OR Oft Al2 All } A36 Al2 rrs , Fos 12 1 ,1A T 6r EXHIBIT A—GPIN LISTING Attachment A to Resolution Declaring Montage Resort Apartments to be a Revitalization Zone City Council Agenda—July 12, 2016 MONTAGE RESORT APART4 TS PA GPJ ADDRESS LOT ZONING SIZE 24178672050000 N/A 1 OR 7.000 24178672760000 ;A 2 OR 7.000 24178672630000 N/A 3 OR 3.500 24178693810000 1701 Parks Ave lA OR 17,500 24179602390000 729 VA Beach Blvd 2A OR 3.500 24179613040000 725 VA Beach Blvd 3A OR 7.000 24179603540000 722 VA Beach Blvd 4A OR 7.000 24179613550000 'v,!A 5A OR 7.000 241796:3270000 N/A 6A OR 14.000 TOTAL 73,:00 RENDERING Attachment to Agenda Request re: Declaring Nilo Apartments ntage Reto be a Revitalization Area— City Council July 12, 2016 3- t ill 0 1 d-. N E F ii !IF1I 6 S � aM, 4 . , 41 mit ° if' ra` e "a_ $# [/s I. ff.: ^v—= vW#ice*0'4k .".'--,1--,,,,..,„.------.:--,"„64.-..A.---1•''" .. ... montage Resort Apartments INCOME and RENT REQUIREMENTS Income,resh3rtian Households n th I ceder SO e t oder do restrictions on ToTal Units income under seh of 27tt° household income median bs'household size of Units .. 4 ,, 62 115 Marimum income for a household of; I $29 610 $39,480 $>9,_20 do limits apply' 2 $33,840 $45,220 $67,680 No hours apply 3 538.070 $50760 $76140 Na Iinuts apply' $42 300 $56400 $84600 No hunts appl}' Other in—f4Qruultianinformation The nts on these units areobreject fo the Home rents as per HUD regulation, Income and Rent Requirements—6;14116 All information is pending a final financing agreement which may change this information \:rnw :!.; =,,k h APPLICANT'S NAMEkiteST.Cl (--,t-- DISCLOSURE - 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 Economic Development Alternative Compliance, Nonconforming Use Program Special Exception for Investment Changes (EDIP) Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Lease of City Property Subdivision Preservation Area Board Variance 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 11 APPLICANT DISCLOSURE 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. rOP 4,-IT Y us ONL/ , s Page 1 of 1 ti L,,,," S31-FIE[)C° 1,EARINS CI NO CHANG€ " AS Of + ' 1111_ RE:VISICtlb SUBV,11" r-) Virginia Beach 'Q 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: f 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 footnotes1 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: Sr If an LLC, list the member's names: i `C \ L. Page 2 of 5 Virginia Beacii 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 t 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 YE I NO I SERVICE PROVIDER(use additional sheets if Page 3 of 5 Virginia teach S needed) Accounting and/or preparer of your Ri;c\-"\-e:..C.\-i -3-t).SV-1 j P n tax return q El Architect I Landscape Architect! J ) - Land Planner W - priae-VN iTeCT..,s, Contract Purchaser(if other than the Applicant)-identify purchaser and E E3 purchaser's service providers Any other pending or proposed purchaser of the subject property El D (identify purchaser(s) and purchasers service providers) 12:1 E Construction Contractors G L€('3 N F-I 0 Engineers/Surveyors!Agents (\is\ ,. .P, . V''. L Financing (include current mortgage holders and lenders selected or V. En fl being considered to provide financing for acquisition or construction of the property) 1:: Legal Services Real Estate Brokers/ El 111 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YE Does an official or employee of the City of Virginia Beach have an NO interest in the subject land or any proposed development contingent Ed on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, Page 4 of 5 Virginia Beach 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. . '1 APPLICANT'S SIGNA__,TU E___ 1 PRINT NAME DATE _ aPry''' . i' 1 ^ 74 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 �sra IA fGj 5 i r CITY OF VIRGINIA BEACH N.. AGENDA ITEM s ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of an Existing City Canal Known as Treasure Canal Located at the Rear of 2009 Compass Circle. MEETING DATE: July 12, 2016 • Background: Brian J. LaRoche and Heidi B. Hampson have requested permission to maintain an existing vinyl bulkhead, timber caps (over vinyl bulkhead), a 12'x12' vertical boat lift, and a 32' dock and to construct and maintain proposed 90' of riprap revetment with vinyl return wall at each end within a portion of an existing City canal known as Treasure Canal located at the rear of their property at 2009 Compass Circle. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal which is where Mr. LaRoche and Ms. Hampson have requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the property owners must complete a proposed buffer of 375 square feet and also make a payment of $423.60 to the City's Living Shorelines Restoration Program Fund for that portion of the full riparian buffer which cannot be established on the shoreline. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Location Map, Survey (Exhibit"A"), Disclosure Statement Form, Agreement, Ordinance Recommende• • 'o'• , a proval of the ordinance. Submitting D:part • t -ncy: Public Works/Real Estate City Manager: ►irr, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF AN EXISTING CITY CANAL 6 KNOWN AS TREASURE CANAL LOCATED 7 AT THE REAR OF 2009 COMPASS CIRCLE 8 9 WHEREAS, Brian J. LaRoche and Heidi B. Hampson have requested 10 permission to maintain an existing vinyl bulkhead, timber caps (over vinyl bulkhead), a 11 12'x12' vertical boat lift, and a 32' dock and to construct and maintain proposed 90' of 12 riprap revetment with vinyl return wall at each end within a portion of a City canal known as. 13 Treasure Canal located at the rear of their property at 2009 Compass Circle. 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 1.o NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Brian J. LaRoche and Heidi B. 24 Hampson, their heirs, assigns and successors in title are authorized to maintain a 25 temporary encroachment for an existing vinyl bulkhead,timber caps(over vinyl bulkhead), 26 a 12'x12' vertical boat lift, and a 32' dock and to construct and maintain proposed 90' of 27 riprap revetment with vinyl return wall at each end into a portion of a City canal known as 28 Treasure Canal as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT 29 REQUEST FOR BRIAN J. LaROCHE and HEIDI B. HAMPSON LOT 51, SECTION ONE 30 BAY ISLAND (M.B. 45, PG. 37)LYNNHAVEN DISTRICT DATE: NOVEMBER 12,2015," 31 prepared by Waterfront Consulting, Inc. a copy of which is attached hereto as Exhibit"A", 32 and on file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Brian J. LaRoche and Heidi B. Hampson (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED that the Agreement is limited to the authority 43 provided by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or 44 other approval of any feature displayed on the Agreement's Exhibit; and i 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as Brian J. LaRoche and Heidi B. Hampson and the City Manager or his 50 authorized designee execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2016. CA13602 R-1 PREPARED: 6/29/2016 Avbgov.comldfsl lapplicationskatylawprodlcyc om321wpdocs1d014020100235680.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL StFFF4 IENCY A, D FORM: PUBLIC WORKS, REAL ESTAT . ORNEY 2 243 I 242 42_41. PROPOSED EXISTING TIMBER BULKHEAD TREASURE_ _ CANAL +FLOOi . 90'OF RIPRAP REVETMENT EBB EXIST. WITH VINYL RETURNWALL t: us VINYL EACH END `D' EX. TIMBER CAP OVER VINYL BULKHEAD 1b' , BKHD. 123' IS �wir S 88.20'38" E 100.25' -�- c,? 6r it"r -!Y EXIST. � � .044:21"415.92 I BOAT 5 Z`�s , 7. L 1 r- L1F7 � � .76'p5 3 O ,, \ 01 7g 5' t Iv) N1 EXIST, W Icn O DOCK M, W 7?' 4l Imo N Nh LOT51 c '�h INST: 20061114001714760 im 1'' rA ' = EX. TIMBER CAP GPIN: 2409-09-3371 ON VINYL BKHD. I� IN V b�. 1 � ,,- EXISTING '' I Z �o: RIPRAP \ I N • ISB 46,b... ..„...Ai' 2¢2¢ 1 03 O LOT 50 2¢ I INST:20070301000281050 I GPIN 2409-09-3108 IP LTH o ' -.. 61°oo ID % 1. 1P GREGORY O.MILSTEAD COMPASS LIc.No.047323 o 4o, 80, rs'25 12.11(011 4`) CIRCLE illimlillimallimilli o�,� ‘ ÷sv (MB 45,P.37) 1•=40' `rS'I ONA L E14G ©2015 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. :477-7'•-'.- EXHIBIT A 1 i CONSULTING,IANC. ENCROACHMENT REQUEST FOR COURT,2599 QUALM' V BEACH,VIRGINIA STE 323 29454 BRIAN J. LaROCHE and HEIDI B. HAMPSON PWFAX:(757)4254244,CELL:(om)819.73O2 LOT 51, SECTION ONE ENGINEERING BYSITE soUmoNS,INC.RVICES PROVIDED BAY ISLAND (M.B.45,PG.37) N113Ig1 VNIAMIN LYNNHAVEN DISTRICT DATE: NOVEMBER 12,2015 y d y t� *g. . , { r��m* .:., xa�, Wr � �a` S � ��,,,.,�,.,'+yty .i`? ;`'r i*t tri• - h,Y 4 (yMw Y tip. + '3• n r i .�yYb Y.- rd i `� ta+em^' .,7rz. x APPLICANT'S NAME: ' ` ' Brian J. LaRoche and Heidi B. Ha DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for _ (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether - they have a conflict of Interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE ' FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICAN'i NOTIFIED OF HEARING DATE: 0' NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: • - • 46-".* k +' a�, tax x ` .:.,; #sem- I ''4W, '"7-•sa ' ¢t'+'x 'w:�% ,, ,r.. *xts • t L Ggryv .�S -.5,4;;17. w.f hear.*a� ,,y1:;_.%.•'<.y,''- r�++ Y Y-T.r Ty X I Check here if the APPLICANT IS NOT a corporation, p � pa business, or other unincorporated organization. LCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Brian J. LaRoche and Heidi B. Hampson If an LLC, list all member's names: N/A If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes1 and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. X t Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 7 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: Brian J. LaRoche and Heidi B. Hampson If an LLC, list the member's names:. • Page 2 of 5 1,4 x x "� { A F�-4.. •-• °fie s x �S s. #' `^,. :• +� �s'�`p,,x^ �' ��PP': " �, +� '-�a . a,�sxxr �,;,fst� N.u� ..w� i�.'"i t 3 �� i,, � S i �+5_,y. n'nnnL b l!°"'Y�l '1. t Y ' yi,;�. 4 � M �} / ifs 1+. F t - 4 „. `Ko-h, Ay),+ > R4I i . . •,� . ±.#" C.,,. • ':xsrf++.�.-x+o• awxn t ; r,t' ,-4" 'r 'f If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 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 A 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 5 C"dt'iT ,,.a�..+ ; r: m t'x '. # .X' 4t -.; "47 _F- "1 a � " 4�' „ f7'41 n x'kC" .:s x ,;za ?, ". #. ''yF+ .°"' ' #a t..t. ..�..�M.}p "i. xxdi :` -.a.4 .a s.xtsx :'4�..'..r'=;qa. *1'.7.$4 7f 4 YES NO SERVICE PROVIDER( t,a,� ''' t, Weis if needed)' x r Accounting and/or preparer of John Woebleton �-- I your tax return La_ Ix 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 jr purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X L Construction Contractors Project out for bid x Engineers/Surveyors/Agents WCI, Chesapeake Bay Site Solutions Financing (include current 1st Wells Fargo mortgage holders and lenders 2nd Monarch selected or being considered to provide financing for acquisition or construction of the property) X Legal Services 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 an interest in the subject land or any proposed development L^ 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 YS/AB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. r Brian J. LaRoche and �-- ` i t-2-5-`1 S� � U n ,k. �s�r'" Heidi B. Hampson A•• +ti• S SIGNATURE ' PRINT NAME DATE Brian J. LaRoche and pit t_ `-'`f4„:„....z._ Heidi B. Hampson 1 t 2)()- l 5"� Y OWNER'S G ATURE PRINT NAME DATE Page 5 of 5 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 2,14'day of (1 A1r(� , 201 (19, by and between the CITY OF VIRGINIA BEACH,VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRIAN J. LARO_pHE and HEIDI B. HAMPSON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 51"; as shown on that certain plat entitled: "PLAT OF BAY ISLAND, SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT", Scale: 1" = 100', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at Pages 37 and 37A, and being further designated, known, and described as 2009 Compass Circle, Virginia Beach, Virginia 23451-1713;and WHEREAS, it is proposed by the Grantee to maintain existing vinyl bulkhead, timber caps (over vinyl bulkhead), a 12' x 12'vertical boat lift, and a 32'dock, and to construct and maintain proposed 90'of riprap revetment with vinyl return wall at each end, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2409-09-3371; (2009 Compass Circle) (CITY CANAL KNOWN AS TREASURE CANAL—NO GPIN REQUIRED OR ASSIGNED) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City canal known as Treasure Canal the"Encroachment Area"; and WHEREAS,the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows,to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A — ENCROACHMENT REQUEST FOR BRIAN J. LaROCHE and HEIDI B. HAMPSON LOT 51, SECTION ONE BAY ISLAND (M.B. 45, PG. 37) LYNNHAVEN DISTRICT DATE: NOVEMBER 12, 2015," prepared by Waterfront Consulting Inc. a copy of which is attached hereto as Exhibit"A" and to which reference Is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, Including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that in lieu of the establishment and maintenance of a full riparian buffer, which would be a minimum of 15 feet in width landward from the shoreline, would run the entire length of the shoreline, and would consist of a mulched planting bed and contain a mixture of understory trees, shrubs and perennial plants, the Grantee shall make a contribution in the amount of $423.60 to the City's Living Shorelines Restoration Program Fund as compensation for that portion of the full riparian buffer which cannot be established on 3 the shoreline of the Grantee. Said fund is administered by the Environment and Sustainability Office of the Department of Planning and Community Development. Said funds shall be utilized solely for activities on public properties which support the restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City adjoining Its inland waterways, Including tree planting, tree transplanting, tree protection, or similar related activities which are directly related to restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City. it is further expressly understood and agreed that the Grantee must obtain and keep In effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the 4 Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, BRIAN J. LaROCHE and HEIDI B. HAMPSON, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of ,2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By (Al ---- BR' N J. LaROCHE, Owner By Ulf � Chn! c'r HEIDI B. HAMPSON, ner STATE OF V 1Y0010. CITY/COUNTY OF v1Ya \1i' I to-wit: 1 The foregoing instrument was acknowledged before me this 2 74"day of , 2016, by BRIAN J. LaROCHE. (SEAL) Notary Pu lic APRIL LYNN ROMERO NOTARY PUBLIC REGISTRATION N 7386881 + -- COMMONWEALTH OF VIRGINIA Notary Registration Number. 1 5 QO l Y 11 MY COMMISSION EXPIRES JULY 31,2019 My Commission Expires: 1 k 120 in STATE OF V iV of MI o\ CITY/COUNTY OF V►aCG IY1 & R-416-wit: The foregoing instrument was acknowledged before me this 7714'%-day of , 2016, by HEJDI B. HAMPSON. (SEAL) Notary Publ Notary Registration Number: -3 (p S19 APRIL LYNNARYPROMECRO REGISTRATION N 7386891 1971 ,1rCOMMONWEALTH OF VIRGINIA '}My Commission Expires: I LV t1 MY COMMISSION EXPIRES JULY 31,2019 •7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE SENIOR ITY ATTORNEY 1-- HU. DATE PUBLIC WORKS I REAL ESTATE DEPARTMENT I DIVISION 8 r Ii MEI + !, ; 0J z _�?- � oD i = a N Q mDQ WmNLioo J w L - • a _J - Z o J g U Z Q W a 12, Za 2 a Z5. 5Qap Ow � V � zo C __; 1. > Z p c . (-7') o f I, / ���. QN — QQwcc a� cc � W J 1 Z 8LL Q � o limr, , H � Z � O N m — Z V X -)_ . [ 1 ___, C XN � JQ c 0 L 1-CC •:1 C 1)(31 074; . , o� n: —, CO N b 0', ) �l ( COMPASS_CIR_._OC m = el 0 mQ t (1111\------`�, __.'', 3\ U /L Xr_i f Oc\, Iiii L O o / co C , caN 111111 pd CO O \ r) cR- , (,)a ? t--- /' \ \�_.'' (n Y � M Q W • O m o • CL w • 1)\ r) .,,. \ \ LI I 13 � G� -_� N U I a W ` ,�_ I m i J a I1 a C 1 inik m `. ,,,,,-7,2„, r' ', k`i.i CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Amend the FY 2016-17 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: July 12, 2016 • Background: The Department of Housing and Neighborhood Preservation (DHNP) submitted its FY 16-17 budget proposal in December 2015 without information from the U.S. Department of Housing and Urban Development (HUD) regarding its funding amount for the Housing Choice Voucher program. This information was received in March of 2016, which was too late to amend the City Manager's proposed budget. Additionally, DHNP was notified of a change in HOME program funding after the Manager's proposed budget, as well as two sources of new unanticipated funding. Therefore, the department requests that the adopted FY2016-17 Budget be amended to: a) reflect actual Federal funding; and b) to appropriate new funds available. The following is a summary of the changes requested. Housing Choice Voucher (HCV) Program: Reduce appropriations for Housing Choice Voucher Program rental assistance payments by $65,124; increase appropriations for HCV administrative fee revenue by $98,250. HUD - Veterans Administration Supportive Housing (HUD-VASH) program: Appropriate $128,700. On June 2, 2016 the Department was notified that funding was being provided to provide rental assistance to fifteen (15) previously homeless veterans for 12 months. Federal HOME Program: Appropriate an additional $4,304. On June 3`d, 2016, the department was notified of an adjustment in the previously-communicated allocation for this program. The new total amount is $812,102. Virginia State Rental Assistance Program (SRAP): Appropriate $503,237. On June 24th, the department was notified that funding would be provided for the Virginia State Rental Assistance Program, which is a new state-funded program for individuals with intellectual and/or developmental disabilities (ID/DD). The State has requested that Virginia Beach administer this program, which provides rental assistance to the ID/DD population so that they can have the opportunity to live in community settings. The program will operate similarly to the Housing Choice Voucher program, but with reduced administrative requirements as determined by the State. The DHNP will administer the rental assistance portion of this program; the State Department of Behavioral Health Services will identify eligible participants; and the Virginia Beach Department of Human Services will work with both agencies to help insure appropriate in-home care is provided. ■ Considerations: These actions are needed in order to supplement the City's previously-adopted budget with actual Federal allocations and to allow the DHNP to utilize available funding. ■ Public Information: Public information will be coordinated through the regular Council agenda notification process. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval , A t - 'f► and Neighborhood Preservation Submitting De• s� = i • - cy: D • �f, sing gCity Manager: �, 1 AN ORDINANCE TO AMEND THE FY 2016-17 2 OPERATING BUDGET OF THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 The FY2016-17 Operating Budget of the Department of Housing and Neighborhood 9 Preservation is hereby modified in the amounts and for the purposes set forth below: 10 11 1. Reduce the appropriations for the Housing Choice Voucher Program for rental 12 assistance by $65,124, with federal revenue decreased accordingly. 13 14 2. Appropriate an additional $98,250 for the Housing Choice Voucher Program for 15 administrative fees, with federal revenue increased accordingly. 16 17 3. Appropriate $128,700 for the HUD Veterans Administration Supportive Housing 18 Program, with federal revenue increased accordingly. 19 20 4. Appropriate an additional $4,304 for the federal HOME Program, with federal 21 revenue increased accordingly. 22 23 5. Appropriate $503,237 for the Virginia State Rental Assistance Program, with 24 state revenue increased accordingly. 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: 307,4.,) Q c ,-,1.19-) Budget and Management Services Citi rney's Office CA13776 R-1 June 29, 2016 �ionfq�y CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution to Adopt an Oyster Heritage Plan (2) An Ordinance to Appropriate Funds and to Transfer Funds to the Department of Public Work and to Authorize a Grant to Lynnhaven River NOW MEETING DATE: July 12, 2016 • Background: The City of Virginia Beach Department of Planning & Community Development has developed a draft Oyster Heritage Plan (the "Plan"), which was briefed to the City Council on June 14, 2016. The 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. The Plan identified multiple sites in the Lynnhaven River watershed for construction and seeding of sanctuary oyster reefs, intertidal reefs and oyster castles. One of the successes discussed in the Plan is the restoration project that was awarded a Presidential Coastal American Award in 2009 as an exemplary successful national habitat restoration project model. In Fiscal Year 2016, Lynnhaven River NOW undertook oyster shell recycling discussed in the plan. Additionally, it provided education to the community regarding the benefits to the Lynnhaven watershed of healthy oyster populations. As provided in the Plan, these activities for Fiscal Year 2017 will be subject to a contract managed by the Department of Public Works. • Considerations: There are two action items attached. One action item will adopt the Oyster Heritage Plan. The City Council directed at the June 14, 2016, workshop briefing that the Plan should be formally adopted by the Council. The other item provides funding for activities described in the Plan. The funding provided addresses two separate periods. There is $60,091 to be provided as a grant to Lynnhaven River Now. This grant addresses the level of effort by Lynnhaven River NOW in FY2015-16 while also acknowledging the City did not have a formal contractual arrangement with Lynnhaven River NOW. By providing the grant, the City is of the belief that the activities undertaken by Lynnhaven River NOW provide a tangible benefit to the residents of the City. For FY2016-17, the funding provided will support a contract, which will be managed by the Department of Public Works, which is currently the subject of a procurement solicitation. Provided the responses received from that procurement solicitation are within the funding set forth here, the City can award a contract for oyster shell recycling to be used in FY2016-17. • Recommendations: Adopt the attached resolution and ordinance • Attachments: Ordinance; Resolution; Oyster Heritage Plan Recommended Action: Approval lit Submitting Dep• - -n . : Pla ing and Public Work ?hp City Manager: .� 11/eve 1 A RESOLUTION TO ADOPT AN OYSTER 2 HERITAGE PLAN 3 4 WHEREAS, an Oyster Heritage Plan is a tool to guide efforts by the City in 5 furtherance of water quality and oyster habitat restoration with a focus on the watershed 6 of the Lynnhaven River; and 7 8 WHEREAS, the City Council has previously supported efforts of state, federal, 9 and nonprofit organizations to improve oyster habitat in the Lynnhaven River, including 10 construction of sanctuary reefs, shell recycling, education, and surveying; and 11 12 WHEREAS, the City Council was briefed on a draft Oyster Heritage Plan at its 13 workshop session on June 14, 2016; and 14 15 WHEREAS, the previous efforts by the City toward oyster habitat restoration 16 were undertaken in the absence of a written Oyster Heritage Plan, and the City Council 17 desires to remedy such absence by the adoption of a written plan. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. The Oyster Heritage Plan, attached hereto as Exhibit A, is hereby adopted. 23 24 2. The City staff is directed to utilize the Oyster Heritage Plan to direct its efforts 25 in furtherance of oyster restoration activities. 26 Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: -7,7AAL. z:)LI PXeZ9 A, 8 Departure of Planning nd Department of Public W rks Communit Developmen APPROVED AS TO LEGAL SUFFICIENCY: • o the City Attorney CA13775 R-1 June 28, 2016 1 AN ORDINANCE TO APPROPRIATE FUNDS FOR 2 OYSTER RECYCLING AND TO APPROPRIATE AND 3 TRANSFER FUNDS FOR A GRANT TO LYNNHAVEN 4 RIVER NOW 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. $56,797 is hereby appropriated, with revenues increased accordingly, from the 10 fund balance of the Oyster Heritage Fund to the FY2016-17 Operating Budget of the 11 Planning Department; 12 13 2. $3,294 is hereby transferred from the General Fund Reserve for Contingencies 14 to the FY2016-17 Operating Budget of the Planning Department; 15 16 3. $40,000 is hereby appropriated, with estimated revenues from voluntary 17 contributions to the Oyster Heritage Fund, to the FY2016-17 Operating Budget of the 18 Department of Public Works to pay for activities undertaken related to oyster shell 19 recycling; 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: At_ Budget and Management Services ' - At • ey's •ffice CA13768 R-8 June 29, 2016 EXHIBIT A Virginia Beach Oyster Heritage Plan ..,,1-.........-, u r = 's��"�� �t „per rr 'O ..---"- •!.....,,%-fr.417e,,.,_--,-,,..•••••44„1. .„, . ,_ "� �`�':.-.,t-,-4--G ......-2,,c,„,-#...,,,,, ,,,,,,„,',� ^yam*��� � �� � "«� s�* � pl P.+.g.. ya' .�^. ........, ,,T,-,,,,,%, ,,,.._ �t. ,�. ,�.>c �r � ��a �' p� � ..1..„,...,,, may aR� ,:Ayy�� Ytu.�s 41— ,� _ r . - : .3'� ,.R:'4 ,9. A Weir .,;-„,0;,...:..*,... ...-,..4t..4,40,--7:4,-..A.i.—„,-4. ,;:4; 4i....;,„!.,:-;.*.i.-..1-, •••- •••i--,,--_.•:-1,-:!„--,"::;;;„:„!x7p00,-°. ati - .c t+ 4 amu '�' ".-r. - ,'"` a `,t yF '* +it k t • '.x {,art`' F. '�"n. b . 3, • f!',4q -: 'tKS 'y. 4` �S"°.�' ' ` } �Y. g y i e r #oar �_ a.� Prepared by the City of Virginia Beach Department of Planning and Community Development Revised June 29 2016 Oyster Heritage Plan I. Acknowledgements Assistance was provided in the preparation of this document by the City's nonprofit, State and Federal partners. These include: College of William and Mary, School of Marine Science, Virginia Institute of Marine Science Lynnhaven River NOW U.S. Army Corps of Engineers, Norfolk District Virginia Marine Resources Commission Cover: Construction of the Athey Sanctuary Oyster Reef Habitat, 2009, Courtesy of Lynnhaven River NOW 2 Oyster Heritage Plan Contents Tonic EXECUTIVE SUMMARY THE PLAN History of Virginia Beach Oyster Heritage Plan Plan Mission Oyster Heritage Plan Actions ATTACHMENTS 1- Alignment with City Vision and Plans 2- Oyster Heritage Restoration in Virginia Beach- Background, Justification and Oyster Reef Ecological Services and Benefits 3- Virginia Beach's Oyster Heritage Watersheds- A Brief Synopsis of Activities to Date by Watershed 4- Oyster Shell Recycling 5- Oyster Heritage Restoration Program- Research, Planning and Partnership Activities 6- Oyster Heritage Restoration Program Formula and Fee Structure 7- City Council Actions to Date (May 17, 2016) re: Oyster Heritage Program 8- References 3 Oyster Heritage Plan EXECUTIVE SUMMARY The Virginia Beach Oyster Heritage Plan formalizes what has been an ongoing City effort since March, 2001, when the City Council first authorized funding to support the Virginia Oyster Heritage Program (VOHP). The City Council adopted ordinances from 2002 through 2015 describing activities directed at increasing oyster habitat in the City's Chesapeake Bay watersheds and primarily the Lynnhaven River watershed. These efforts were initially funded through the use of funds derived from City Council and violations of the City's Chesapeake Bay Preservation Act and earmarked for use in the City's tidal waters. The success of the City's efforts within the Lynnhaven River was recognized when the City and its partners were selected to receive a 2009 Coastal America Partnership Award for outstanding efforts to restore and protect the coastal environment by President Obama. The success of the sanctuary reef initiative was partly responsible and clearly demonstrated in the Lynnhaven Watershed by the lifting of harvesting restrictions of over 2,244 acres versus 50 acres in 2002. This Virginia Beach Oyster Heritage Plan is intended to help guide City decisions to achieve the highest possible quality and quantity of sustainable oyster habitat and populations within the City of Virginia Beach tidal waterways and to help accomplish multiple outcomes, including establishing sanctuary oyster reef habitat as recommended in various nonprofit, state and federal reports and plans; working to utilize oyster habitat and populations to help achieve local, state and federal water quality goals and objectives; and helping promote and support an economically viable oyster shellfish industry undertaken by commercial watermen in the City. The Plan includes a range of actions to support the City's oyster heritage strategy, including: oyster shell recycling, sanctuary oyster reefs, annual surveys, reporting and communication, education and awareness, update/reevaluate Oyster Heritage Fund formula, ongoing research and analysis, plan alignment, continuing a partnership with a nonprofit to allow fundraising and keeping the Plan current through amendments and revisions as deemed appropriate. The Plan also includes a number of attachments that provide specific details about various aspects of the Plan. 4 Oyster Heritage Plan HISTORY OF VIRGINIA BEACH OYSTER HERITAGE PROGRAM AND PLAN The Virginia Beach Oyster Heritage Plan formalizes what has been an ongoing City effort since March, 2001, when the City Council first authorized funding to support the Virginia Oyster Heritage Program (VOHP). The VOHP had three elements: construction of oyster sanctuary reefs; monitoring reefs and local oyster populations; and providing education to the public about the benefits of oyster restoration. To accomplish its ends, the VOHP partnered with a non-profit, the Virginia Oyster Reef Heritage Foundation, to conduct private fundraising because private donations are necessary to meet the funding goals and private cash match opportunities. The work plan for the VOHP was not focused upon the Lynnhaven River, so the City staff sought opportunities to undertake a similar partnership structure that included state agencies, the Army Corps, and one or more nonprofit partners to commit to oyster restoration in the Lynnhaven River. After the March 2001 ordinance, the City Council provided funding from the Oyster Heritage Fund for various activities focused in the Lynnhaven River. The City has worked with the Virginia Marine Resources Commission throughout. Initially, the City's nonprofit partner was the Chesapeake Bay Foundation. A citizen group called the Lynnhaven River 2007 citizens watershed organization emerged in 2002 and 2003 as having a desire to focus specifically upon the restoration needs of the Lynnhaven River, and this group organized a nonprofit, Lynnhaven River 2007 ("LR2007"). In September 2, 2003, the City Council adopted a Memorandum of Understanding between the City and LR2007 that described the coordination of effort in furtherance of improving water quality and restoring estuary habitats in the Lynnhaven River. In December 2006, LR2007 changed its name to Lynnhaven River Now (LRN). Between 2005 and 2010, the City of Virginia Beach and Lynnhaven River NOW worked in partnership with the U.S. Army Corps of Engineers to build 58 acres of sanctuary oyster reef habitat, primarily in the Linkhorn Bay and Broad Bay areas of the Lynnhaven River watershed. In 2008, Lynnhaven River NOW and the City of Virginia Beach constructed the approximately 1/3 acre Athey Sanctuary Oyster Reef at the confluence of Long Creek and the Lynnhaven Inlet in part with approximately 5,000 bushels of shells from the City's stockpile at the Landfill and Resource Recovery Center, collected through Lynnhaven River NOW's Save Oyster Shell project and funding obtained by Lynnhaven River NOW from the Fish America Foundation. In addition to the construction of sanctuary reefs, the City has provided funding for LRN to undertake shell recycling activities as restaurants and drop-off locations and an educational campaign called, "Save our Shells." Throughout, LRN has undertaken fundraising efforts to allow interested residents to make donations in furtherance of restoration efforts. 5 Oyster Heritage Plan PLAN MISSION The Virginia Beach Oyster Heritage Plan is intended to help guide City decisions to achieve the highest possible quality and quantity of sustainable oyster habitat and populations within the City of Virginia Beach tidal waterways and to help accomplish multiple outcomes, including: • Establish sanctuary oyster reef habitat and other oyster habitat restoration methods such as intertidal reefs and oyster castles as recommended in various nonprofit, state and federal reports and plans. • Work to utilize oyster habitat and populations to help achieve local, state and federal water quality goals and objectives. • Help promote and support an economically viable oyster shellfish industry undertaken by commercial watermen in the City. OYSTER HERITAGE PLAN ACTIONS I. Department of Public Works A. Oyster Shell Recycling, Education and Fund-Raising If the City Council provides funding, the City, through its Department of Public Works will contract to have oyster shells picked up from area restaurants, public drop off locations and special events groups. This contract will be awarded based on the City and State Procurement Requirements. The intent of such contract is to continue the three- pronged approach described above as being first undertaken by the VOHP and later in the City's efforts: 1. Shell Collection: The Department of Public Works will direct the gathering, transport and drop-off of oyster shells from restaurants and drop-off locations. The Contractor will be required to contact restaurants to enroll the restaurants and drop-off locations in furtherance of oyster recycling. In the recruitment of restaurants, the Contractor shall be able to describe the benefits of an oyster recycling program and the proper handling of shells. Subject to additional direction by the City, the City anticipates the collection of shells four days per week from restaurants. The drop-off requirements shall be subject to the City's Public Works Waste Management Division's oversight of the City Resource Recovery Center on Jake Sears Road. The Waste Management Division will issue a receipt at drop-off, and the Contractor shall retain such receipts for the life of the contract. 6 Oyster Heritage Plan 2. Education: The Department of Public Works will direct the Contractor to provide educational information at farmer's markets, trade shows, or similar events. 3. Fundraising: The Contractor shall have the ability to receive tax deductible donations from residents or businesses. Upon receipt of such donation, the Contractor shall provide a written acknowledgement. Nothing herein shall mandate the use of such donations for a purpose other than that for which the donation was provided. B. Shell Storage, Curing The Waste Management Division of Public Works will collect shells at the City's Resource Recovery Center on Jake Sears Road. The shells will be stored and sequestered for 3 phases of curing cycles (0-6 months, 6-12 months and 12-18 months) as a City-owned resource at the Virginia Beach Landfill & Recovery Center to accomplish necessary curing for disease prevention for a total of 12-18 months and to accumulate sufficient shell to undertake sanctuary oyster reef habitat projects and shoreline oyster reef restoration projects. The Department of Public Works will designate the use and ultimate disposition of shells with the concurrence of the City Manager. Accounting of all shells received and disbursed will be kept and provided as part of an Annual Report. C. Neighborhood Dredging Special Service District: The Department of Public Works has completed a study on the benefits of oysters for nutrient reduction and a study on oyster reefs as mitigation option for mud flat impacts. The latter study was commissioned in coordination with Lynnhaven River NOW (LRN) to determine the feasibility of creating oyster reefs to mitigate for impacts to tidal wetlands. The study explored the establishment of either an oyster reef mitigation bank or an in-lieu fee fund for this purpose. An inter-agency meeting was held and the permitting agencies agreed in concept that oyster reef mitigation banking could be a viable form of out-of-kind compensation for impacts to tidal, non-vegetated (TNV). Mitigation banks are preferred over in-lieu fee funds for situations where the demand for credits will be somewhat unpredictable over time, as is the case with the Neighborhood Dredging SSD Program. The next step in the feasibility study is to gain agency approval on a method for calculating mitigation ratios between oyster reefs and TNV wetlands. The ultimate goal is to establish a multi-site oyster reef mitigation bank in conjunction with LRN where reefs would be constructed in various locations, and credits sold to mitigate for impacts to TNV wetlands in the Lynnhaven River watershed, and possibly expanding to serve all tidal watersheds in the City. Oyster Heritage Plan II. Department of Planning and Community Development A. Reef Restoration Project Planning Shell stockpiles must be held until such time that enough shell has been accumulated to undertake a sanctuary reef construction project. The amount of shell for a project is determined by reef location, reef size and other parameters, such as the internal composition of the reef, as some reef structures can be constructed with core material that is not shell (such as broken concrete). As shell resources are limited and extremely valuable commodities, oyster shell shall not be used by private businesses, or for purposes other than sanctuary oyster reef construction, sanctuary restoration and oyster research. Shells from the Oyster Shell Recycling Program shall only be used for the following purposes: 1. Sanctuary oyster reef habitat restoration projects constructed by the City; 2. Sanctuary oyster reef habitat restoration projects constructed by other agencies and nonprofits where the City is a partner or gives its approval; and/or 3. Match for state, federal and private funding or grants for sanctuary oyster reef habitat restoration projects in any of the City's waterways as noted above. The goal is to construct 100 acres of oyster sanctuary reef in the Lynnhaven River. City staff will evaluate the potential for establishment of sanctuary oyster reef habitat in the Eastern and Western Branches of the Lynnhaven River. Staff will also evaluate potential for establishment of additional sanctuary oyster reef habitat in the Rudee Inlet / Owl Creek watershed. Any construction efforts may require the coordination of the Department of Planning and the Department of Public Works. In the event that there is a cost share agreement between the City and a state, federal or non-profit partner that includes construction, the City Council will be briefed upon such project. If the construction requires City funding, a City Council vote to approve the construction project. Annual surveys of oyster populations may be undertaken by City partners as needed to support the analysis of future sanctuary development. There is no expectation or intention that Oyster Heritage funds will be used for this purpose. 8 Oyster Heritage Plan B. Reporting; Awareness Maintain and update information related to the City's Oyster Heritage Program on the existing City website to communicate City plans, activities, projects and accomplishments as well as benefits of sanctuary oyster reef habitat restoration to helping achieve water quality goals and sustainability of commercial shellfish operations. The Planning Department will submit an annual report on Oyster Heritage Fund activities and financial accounts, and such report may be a written letter to the City Council. Work with nonprofit, state and federal partners to implement an ongoing oyster heritage awareness program. Partners may include but not be limited to the Chesapeake Bay Foundation; the College of William and Mary, School of Marine Science, Virginia Institute of Marine Science; the Elizabeth River Project; Lynnhaven River NOW; the National Oceanic and Atmospheric Administration; the U.S. Army Corps of Engineers; the Virginia Department of Conservation and Recreation; the Virginia Department of Environmental Quality and the Virginia Marine Resources Commission. Determine the best potential locations for the construction of sanctuary oyster reef habitats, based on best available scientific research and other sources of information. This effort will be coordinated by appropriate staff. There is no intention or expectation the Oyster Heritage Fund will be used for this effort. Ensure continued City Plan alignment as appropriate with the federal Chesapeake Bay Oyster Recovery: Native Oyster Restoration Master Plan Maryland and Virginia prepared by the U.S. Army Corps of Engineers, Baltimore and Norfolk Districts in September, 2012. Work with City's Chesapeake Bay Preservation Area Board to reevaluate the current formula and fee structure used to determine donations to the Oyster Heritage Fund and evaluate relevancy of current formula to actual sanctuary oyster reef habitat construction costs. This plan may be amended and revised by action of the City Council. Non- substantive changes do not require action of the City Council. As advancements are made in oyster restoration science and new strategies are developed, the attachments of this plan may be supplemented without action by the City Council. 9 Oyster Heritage Plan Attachment 1: Alignment with City Vision and Plans (compiled by Department of Planning & Community Development) Envision Virginia Beach 2040 We value and enhance our greatest natural assets: a broad array of coastal resources that includes beaches, waterways, farmlands and wetlands. We are a model community for clean air and water, and our commitment to environmental sustainability. Local foods, open space and parks contribute to the overall quality of life and healthy living. Sustainability Plan Goal 15 We will achieve and maintain high water quality to ensure public health, protection and propagation of aquatic life, and recreation in and on the water. • Objective 15.2 - Increase bio filtration habitat (oysters, wetlands, submerged aquatic vegetation, living shorelines). Goal 16 We will promote the city's valuable ware resources for tourism, aquaculture, and as a center of excellence in marine and water quality research. • Objective 16.2 - Partner with local colleges and higher learning institutions to encourage marine research. • Objective 16.3 - Promote opportunities for aquaculture. • Objective 16.4 - Support our local fishing community and promote the sale and consumption of locally harvested sustainable seafood. Comprehensive Plan • Develop and implement policies and programs that protect, restore and enhance critical habitats along the City's waterways. • Restore and attain sustainable inventories of native edible oysters in the Lynnhaven River. • Restore oyster reefs in the Lynnhaven and Owl Creek estuaries by developing a hatchery plan and constructing sanctuary reefs. 10 Oyster Heritage Plan Attachment 2: Oyster Heritage Restoration in Virginia Beach— Background, Justification and Oyster Reef Ecological Services and Benefits (compiled by Department of Planning & Community Development) Unfortunately, in the last century, the once prominent oyster population in the City's waterways was decimated by overharvesting, loss of oyster habitat, oyster disease and decreased water quality. It has been estimated that the City's oyster population once fell as low as 1% of historic abundance, and this decline had drastically negative consequences for water quality and fish habitat in the City's waterways. The purpose of the City's Oyster Heritage Program is to help maintain the significant progress that has been made in the City's waterways over the past two decades, and to help sustain that improvement for the future. Oysters are a keystone species in the local estuarine ecosystem because they provide water filtration, shoreline protection, nutrient cycling, pH buffering, and food and habitat to myriad species of fish and other creatures that live in the City's tidal waterways. Thus, sanctuary oyster reef habitat restoration is widely recognized by scientists and resource managers as a premier strategy for revitalizing a tidal waterway's devastated oyster population and for restoring the critical ecosystem functions that oyster reefs naturally provide for water filtration and fish habitat in a waterway. Oysters are voracious filter feeders. A single adult eastern oyster (Crossostrea virginica), also referred to as the Atlantic oyster or Virginia oyster, filters 50 gallons of water a day and removes algae and sediment that cloud the water and hinder sea grass rebound. As an oyster filters, it assimilates nitrogen from the algae it consumes into its shell and body. It then produces bio deposits that serve as food for reef-dwelling organisms. There are naturally-occurring bacteria in an oyster reef that decompose the bio deposits and initiate a process called denitrification, which releases additional harmful nitrogen from the river in gaseous form. This reduces the negative consequences of estuarine eutrophication, and increases dissolved oxygen levels in our estuaries. Oysters form reef structures from their shells. Oyster reefs provide a community center in the estuarine system, like coral reefs provide in the marine system. In between the oysters' shells, there is interstitial space where small organisms can hide. These interstices provide habitat for myriad species of small fish, crustaceans, worms, bivalves and other invertebrates. Large predator fish then collect near the outskirts of oyster reefs because they can easily find food by foraging on the reef dwellers. In our Virginia Beach waters, we would expect to find the following sport fish using the oyster reef as habitat and as a food source: Black Drum, Black Sea Bass, Bluefish, Red Drum, Sheepshead, Speckled Trout, Striped Bass, Summer Flounder, Tautog and Weakfish. Oyster reefs are considered Essential Fish Habitat because they provide habitat and food for such a vast array of organisms. 11 Oyster Heritage Plan The City is committed to meeting the nutrient and sediment reduction goals established by the Chesapeake Bay TMDL. To accomplish this, a variety of techniques and practices must be employed. In its Phase II Watershed Implementation Plan, the City identified sanctuary oyster reef construction as one of its methods for reducing nutrients and sediments. Sanctuary oyster reef construction is not only an essential part of restoring our critically important native oyster population, but may also become an important and cost effective tool for the City and other local communities to employ to meet their respective TMDL reduction goals. The City is likewise committed to restoring the native oyster population through the construction and ongoing maintenance of sanctuary oyster reef habitat in our tidal waterways as a proven strategy for improving water quality and providing critical estuarine habitat. The establishment and protection of sanctuary oyster reef habitat areas through designation by the Virginia Marine Resources Commission helps to ensure that native broodstock of oysters remain in perpetuity as a source of oyster spat to help populate and sustain both private oyster lease areas and non-leased areas in our waterways. Additionally, work by commercial watermen to improve the quality of the habitat and oyster stock on private oyster ground leases helps to sustain these valuable resources. These leased areas are secured from the Virginia Marine Resources Commission, which is charged with administering the Commonwealth's public trust waterways and wetlands areas in perpetuity for the public good. In combination, sanctuary oyster reef habitat and private leased oyster grounds can work in harmony to provide a sound and sustainable strategy for the City's oyster heritage. 12 Oyster Heritage Plan Attachment 3: Virginia Beach's Oyster Heritage Watersheds— A Brief Synopsis of Activities to Date by Watershed (compiled by Department of Planning & Community Development) Lvnnhaven River The Lynnhaven River is the southernmost river that feeds into the Chesapeake Bay. The river's inlet to the Bay is located approximately 5 nautical miles from the confluence of the Bay and the Atlantic Ocean. The Lynnhaven River is a highly developed watershed, covering approximately 41,300 acres (64.5 square miles) of the City. The Lynnhaven River watershed development pattern is largely residential and commercial in nature with a population of approximately 195,000, roughly 44.5% of the City's population, living in approximately 21% of the City's total land area. The Lynnhaven River's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased waterfowl populations, and the majority of the river was closed by the Department of Health for shellfish consumption until recent years. As described in a September 2105 article written by Romuald N. Lipcius et al. in the journal Frontiers in Marine Science, the Lynnhaven is a unique area: "The narrow inlet limits water exchange with the (Chesapeake) Bay proper, resulting in the Lynnhaven River sub estuary being classified as a trap estuary (Sisson et al., 2010), which promotes (oyster) larval retention. The system is well-mixed due to its shallow nature, and hydrodynamics are driven by tidal exchange and wind patterns. Much of the system is comprised of fine sediments, except for the near shore areas, which are of firm sand and shell." The famed Lynnhaven oyster is both a symbol of the Lynnhaven River's history and was once a keystone species in the system, providing water filtration, as well as food and habitat to myriad species of fish and other creatures that live in the river. Salinity in the Lynnhaven is generally above 20 parts per thousand making it a suitable place for oyster restoration efforts to thrive. In 1997, sanctuary oyster reef restoration became a major initiative in the Lynnhaven River and there have been clear signs of success from the undertaking. Between 1997 and 2005, the Virginia Marine Resources Commission (VMRC) constructed approximately 5.5 acres of sanctuary oyster reef habitat in the Lynnhaven and the reefs have been designated as sanctuaries, so that a self-sustaining oyster population can develop and thrive over time without the damage associated with harvest. Non-profit organizations including Lynnhaven River NOW, Oyster Reef Keepers of Virginia and Chesapeake Bay Foundation, stocked those reefs with 7,400,000 reproductive oysters grown by students and citizens. These oysters were transplanted onto the sanctuary reefs, where they release their offspring into the Lynnhaven River. In 2005, the Virginia Institute of Marine Science (VIMS)discovered 13 Oyster Heritage Plan that oyster settlement of juvenile oysters was more than 30 times higher in the Lynnhaven River than it was in other rivers in the Chesapeake Bay region where oyster restoration had also been underway. This spat settlement data demonstrate that oyster restoration can work effectively in the Lynnhaven. Between 2005 and 2010, the City of Virginia Beach and Lynnhaven River NOW worked in partnership with the U.S. Army Corps of Engineers to build 58 acres of sanctuary oyster reef habitat, primarily in the Linkhorn Bay and Broad Bay areas of the Lynnhaven River watershed. In 2008, Lynnhaven River NOW and the City of Virginia Beach constructed the approximately 1/3 acre Athey Sanctuary Oyster Reef at the confluence of Long Creek and the Lynnhaven Inlet in part with approximately 5,000 bushels of shells from the City's stockpile at the Landfill and Resource Recovery Center, collected through Lynnhaven River NOW's Save Oyster Shell project and funding obtained by Lynnhaven River NOW from the Fish America Foundation. Figure 1 below shows the generalized locations of completed sanctuary reef projects in the Lynnhaven River watershed. Sanctuary Reefs in Lynnhaven / tea. 4W+ * > w Virginia Beach Reef Type * Intertidal Shell Reef Subtidal Shell Reef Oyster Castle ems . FIGURE 1: Sanctuary Reef Locations in the Lynnhaven River Watershed. Source: Lynnhaven River NOW 14 Oyster Heritage Plan The Baylor Surveys undertaken in the early 1900s by the Commonwealth of Virginia indicate that historically there were at least 1 ,000 acres of oyster reef in the Lynnhaven. A suggested goal of 100 acres of sanctuary oyster reef habitat created by 2021 has been proposed for the Lynnhaven River system by a partnership of nonprofit, state and federal parties. This goal is also suggested in the U.S. Army Corps of Engineer's Chesapeake Bay Oyster Recovery Master Plan which recommends between 40 to 150 acres of sanctuary oyster reef habitat are desirable for the Lynnhaven ecosystem. The 10% figure was derived from a variety of surveys, studies and targeted contracted research undertaken in part through the cooperative project for Lynnhaven Watershed restoration undertaken by the City and the U.S. Army Corps of Engineers. Additional research linked to water circulation patterns and oyster spat settlement have helped identify general areas where sanctuary oyster reef habitat establishment has the highest potential for accomplishing sustainable oyster populations in the river. While potential sanctuary oyster reef habitat restoration sites can be best located utilizing historical information such as the Baylor Surveys, recommended spawning stock reefs have the greatest ability to help restore native oyster stocks throughout the Lynnhaven estuary. Figure 2 below shows these areas. Chesapeake Bay ,,0111" + x "4 Broad Bay 7 Lynnhav:n Bay • N +! • ♦ S. Western 40. ♦ 4, ~4.'` 4+ ♦ Crystal Branch ' " 'r► ‘� Lake N I L„ • 1Unkhorn Bay t 1 11 ... � t k. 1fi t,‘ ' , a 1 .7 , 1 iholiEastern 1 Branch• /4"4 ♦ / ♦ i • Lynnhaven River Recommended 5111. subestuary Spawning Stock Reefs FIGURE 2: Location of the Lynnhaven River sub estuary, potential oyster reef restoration sites (diamonds) determined from historical information (Baylor, 1893, 1894, 1895; Chipman, 1948), and sites in the sub estuary for restoration of spawning stock (dashed polygons) recommended by Lipcius et al. (2008) as putative sources. Thick arrow indicated tidal exchange through Lynnhaven Inlet between Lynnhaven Bay and Chesapeake Bay. Coordinates of Lynnhaven Inlet: 36° 54' 27.02"N, 76° 05' 31.07"W. Source: http://journal.frontiersin.orq/article/10.3389/fmars.2015.00065/abstract 15 Oyster Heritage Plan The partnership expects this level of restoration to aid in the rebound of our native oyster population by establishing a healthy broodstock for the Lynnhaven River. Such an increase in the native oyster population and broodstock has sustainable benefits for significant water quality improvement and enhancement in the Lynnhaven as well as helping promote a revitalized commercial shell fishing industry. Eastern Branch of the Elizabeth River The Eastern Branch of the Elizabeth River feeds into the Chesapeake Bay by way of Hampton Roads harbor. The Eastern Brach is also a highly developed watershed, covering approximately 9,300 acres (14.5 square miles) of the City. The Eastern 'Branch watershed development pattern is largely residential and commercial in nature with a population of approximately 64,300, roughly 14.7% of Virginia Beach's population, living in 5% of the city's total land area. The Eastern Branch's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased waterfowl populations, and the entirety of the river remains closed by the Department of Health for shellfish consumption. The City and other Eastern Branch communities — Chesapeake and Norfolk — recently completed an Action Plan with the nonprofit Elizabeth River Project to help restore environmental resources in the watershed. Included in the plan are recommendations to reestablish sanctuary oyster reef habitat at suitable locations. It is recommended that the City work with partners at the nonprofit, state and federal level to identify potential sites that may exist in the Eastern Branch for such work within the City. Rudee Inlet and Owl Creek The Rudee Inlet and Owl Creek area is the City's only direct ocean connected watershed. The watershed is the City's most man-altered watershed, due to past excavation of extensive wetlands areas associated with sand extraction for resort beach nourishment and constant efforts to maintain Rudee Inlet for navigation access to the Atlantic Ocean. Similar in many respects to the Lynnhaven and Eastern Branch of the Elizabeth River, Rudee Inlet and Owl Creek is also a highly developed watershed, covering approximately 3,000 acres (4.6 square miles) of the City. The Rudee Inlet and Owl Creek watershed development pattern is largely residential and institutional/government in nature with a population of approximately 14,000, roughly 3.1% of Virginia Beach's population, living in less than 1.5% percent of the city's total land area. The watershed's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds have declined along with land development and associated water quality degradation. The watershed has exhibited decreased finfish populations, decreased 16 Oyster Heritage Plan waterfowl populations, and the entirety of the river remains closed by the Department of Health for shellfish consumption. The Virginia Aquarium in conjunction with Lynnhaven River NOW and the Rudee Inlet Foundation undertook the establishment of the first sanctuary oyster reef habitat project beginning in June, 2015. This project includes a section of shoreline reef located on the City's Aquarium property and constitutes approximately 200 square feet of intertidal reef. This reef was constructed using approximately 60 bushels of oyster shell obtained from the City's shell stockpile located at the City Landfill and Resource Recovery Center. The reef also includes a section of oyster habitat structures called oyster castles as illustrated below. f -7:`4,- 71 ' � els 11. � Om �.* � '1.�� < '-''''):::. •� � ;Trtc3;0:,,,Vt; ,,,,. -.1!„... 0Y+t"' � ti 1474H-1. ft FIGURE 3: Before and After Oyster Castle Recruitment on the Laila Shoreline Reef on Long Creek (Lynnhaven River Watershed). Source: Lynnhaven River NOW A sub tidal sanctuary oyster reef was installed in July, 2015 to complete the overall project which encompasses a total area of approximately 250 square feet. Shell for this project was not obtained from the stockpile at the City Landfill and Resource Recovery Center. Little Creek The Little Creek watershed encompasses approximately 8,900 acres (13.9 square miles) of the City. The U.S. Navy has built several sanctuary oyster reefs in the Little Creek inlet area with federal funds. The Little Creek watershed development pattern is largely residential and institutional/government in nature with a population of approximately 48,800, roughly 11.1% of Virginia Beach's population, living in less than 4.5% percent of the city's total land area. The watershed's major pollutants include fecal coliform contamination from human sources and domestic pet waste, high loads of sediment and nutrient runoff from developed land in the watershed, and toxic chemicals from various human sources. The natural filtration systems, specifically oyster reefs, riparian areas, wetlands and sea grass beds were largely eliminated with the creation of the various public water supply reservoirs and with federal government alteration of the watershed for military activities. The entirety of the river remains closed by the Department of Health for shellfish consumption. 17 Oyster Heritage Plan In the future, it recommended that the City partner with the U.S. Navy and other nonprofit, state and federal partners as appropriate to pursue further oyster restoration in the Little Creek watershed. 18 Oyster Heritage Plan Attachment 4: Oyster Shell Recycling (compiled by Department of Planning & Community Development) Lynnhaven River NOW with state grant funding conducted a pilot shell collection program in Virginia Beach in summer 2006. Seven local restaurants participated in the pilot program and two public drop-off sites were established. During the three months of the pilot program, 1,000 bushels of oyster shells were collected. These shells were removed from the solid waste stream and made available for restoration efforts by private individuals. In addition, the restaurant patrons were educated on the value of oyster restoration and recycling our shells. The Save Our Shell program has collected approximately 18,440 bushels of oyster shell from restaurants and other parties, along with over 700 bushels of oyster shells from the Wanchese Packing Plant in Suffolk, and kept this valuable resource for sanctuary oyster reef habitat construction out of the City's landfill. The scope of work for the Public Works Managed solicitation for Oyster Shell Recycling in Fiscal Year 2017 includes the following: 1. Shell Collection: a. At the direction of the Department of Public Works, the Contractor shall undertake the gathering, transport and drop-off of oyster shells from restaurants. By way of example, the following restaurants have previously participated in oyster recycling programs in the City of Virginia Beach: 21st Street Seafood Company, Abbey Road, Blue Seafood and Spirits, Bubba's, Captain George's, Chick's Oyster Bar, Coastal Grill, C.P. Shuckers (Oceanfront and Bayside), Croaker's Neighborhood Grill, Croc's 19th Street Bistro, Dockside, Five 01 City Grill, Harpoon Larry's, Lucky Oyster, Metropolitan Oyster Exchange, McCormick & Schmick's, Rockafellers, Salt, Sheraton Oceanfront, Steinhilbers, Surfrider (Marina Shores and Cypress Point), Swan Terrace at Founder's Inn, Tautog's, Yukai Seafood Buffet. The Contractor will be required to contact restaurants to enroll the restaurants in furtherance of oyster recycling. In the recruitment of restaurants, the Contractor shall be able to describe the benefits of an oyster recycling program and the proper handling of shells. Subject to additional direction by the City, the City anticipates the collection of shells four days per week from restaurants. The drop-off requirements shall be subject to the City's Public Works Waste Management Division's oversight of the City Resource Recovery Center on Jake Sears Road. The Waste Management Division will issue a receipt at drop-off, and the Contractor shall retain such receipts for the life of the contract. b. At the direction of the Department of Public Works, undertake the gathering, transport and drop-off of oyster shells from public drop-off locations. By way of example, the following drop-off locations have previously participated in oyster recycling programs in the City of Virginia Beach: Virginia Aquarium, Whole Foods Market. The Contractor will be required to seek other public drop-off locations in furtherance of oyster 20 Oyster Heritage Plan recycling. Subject to additional direction by the City, the City anticipates the collection of shells four days per week from restaurants. The drop-off requirements shall be subject to the City's Public Works Waste Management Division's oversight of the City Resource Recovery Center on Jake Sears Road. The Waste Management Division will issue a receipt at drop-off, and the Contractor shall retain such receipts for the life of the contract. c. The Department of Public Works may direct complaints it receives to the Contractor, and the Contractor shall respond to such complaints within 3 business days. If the complaint is not addressed to the satisfaction of the City, the City may require the Contractor to undertake remedial actions in furtherance of the subject of such complaint. 2. Education: The Department of Public Works will direct the Contractor to provide educational information at farmer's markets, trade shows, or similar events. For purposes of estimating the level of effort, the amount quoted in response to this RFQ should anticipate 20 hours of educational work per quarter. If there is additional education required, the parties may agree to a change order provided such change order is in writing. 3. Fundraising:The Contractor shall have the ability to receive tax deductible donations from residents or businesses. Upon receipt of such donation, the Contractor shall provide a written acknowledgement. Nothing herein shall mandate the use of such donations for a purpose other than that for which the donation was provided. 20 Oyster Heritage Plan Attachment 5: Oyster Heritage Restoration Program- Research, Planning and Partnership Activities (compiled by Department of Planning & Community Development) Oyster restoration has been successful, in large part, because of the synergy of multiple partners who each provide a necessary component of the oyster restoration effort. City, state and federal funds have largely been used to construct sanctuary oyster reef habitat structures on the footprint of historic reefs. Nonprofit organizations like Lynnhaven River NOW, Oyster Reef Keepers of Virginia, the Elizabeth River Project and the Chesapeake Bay Foundation coordinate citizen oyster gardening efforts in order to stock reproductive oysters to sanctuary oyster reef habitat sites and to perpetuate public engagement in oyster restoration. The Virginia Marine Resources Commission is committed to the conservation and restoration of shellfish populations in Virginia waters. The Commission oversees and tracks the transplant of oysters onto sanctuary oyster reefs. Researchers at the Virginia Institute of Marine Science study all aspects of oyster reef restoration, from reef biodiversity to reef dynamics to reef nutrient cycling and oyster diseases. The U.S. Army Corps of Engineers ensures continued collaboration of all of these agencies, and others, as they host quarterly meetings of an Interagency Oyster Restoration team. This team includes representatives from the U.S. Army Corps of Engineers, the Virginia Institute of Marine Science, the Virginia Marine Resources Commission, the City, the Chesapeake Bay Foundation, Christopher Newport University, Lynnhaven River NOW, the Elizabeth River Project, the National Oceanic and Atmospheric Administration, and other agencies and organizations. This meeting provides an invaluable opportunity for all of the City's oyster restoration partners to collaborate on initiatives, including those proposed in this Plan. The City will continue to participate with the Interagency Oyster Restoration team and other efforts to utilize the best science and the resources available to further oyster restoration, improve water quality, and reach our oyster restoration goals. The City does not employ an oyster scientist. Nevertheless, that expertise is available to the City from its partnership with various organizations and agencies with expertise in oyster restoration. Those groups include but are not limited to: • Chesapeake Bay Foundation • College of William and Mary, School of Marine Science, Virginia Institute of Marine Science • Elizabeth River Project • Lynnhaven River NOW 21 Oyster Heritage Plan • National Oceanic and Atmospheric Administration • U.S. Army Corps of Engineers • Virginia Department of Conservation and Recreation • Virginia Department of Environmental Quality • Virginia Marine Resources Commission The City is committed to continuing its partnership with these organizations and agencies to further oyster restoration efforts in our tidal waterways. 22 Oyster Heritage Plan Attachment 6: Oyster Heritage Restoration Program Contribution Structure (compiled by Department of Planning & Community Development) The Oyster Heritage Program formula and contribution structure was developed by Staff at the request of the Chesapeake Bay Preservation Area Board. The Board believes that this approach has been a tried and proven approach at helping to improve water quality in the City's Chesapeake Bay watersheds. The formula utilized was refined over an initial period of approximately 6 months' duration when the Board's City Staff and the Board adjusted and finalized the formula and contribution structure. The contribution is voluntary. Since that time, the City's Oyster Heritage Program formula and contribution structure related to activities requiring variances before the City's Chesapeake Bay Preservation Area Board has been as follows: (X/4)/27 x 15 x $1.65 = Oyster Heritage Fund Payment X represents new impervious cover in the Resource Protection Area (RPA) in square feet 4 represents 25% of the new impervious cover in the RPA and is intended to augment other water quality initiatives (200% buffer restoration, BMPs, E&S controls, etc.) for encroachment 27 represents square feet conversion to cubic yards 15 represents approximate quantity of bushels of oyster shell per cubic yard $1.65 represents the cost of oyster shell per bushel Example: 100 square foot impervious cover would equate to a fee of$22.92: (100 square feet/4)/27 x 15 x 1.65 = $22.92 The formula develops a contribution which is based upon the assumption of creating a sanctuary oyster reef habitat area approximately 12 inches deep for 25% of the total amount of impervious cover associated with a Board variance request. The Board's City Staff include this contribution recommendation for each variance request in the Board's agenda package each month with an amount calculated if the total amount of impervious cover is known; otherwise, City Staff include the formula and suggest in the Staff report that the contribution amount be calculated based on a final impervious cover amount once determined. Most applicants for variances have chosen to make the voluntary payment. In addition to the formula and contribution structure used by the Board, over the years a number of parties have made voluntary contributions to the fund that have been totally outside the purview of the Board. 23 Oyster Heritage Plan Attachment 7: City Council Actions to Date (June 1, 2016) re: Oyster Heritage Program (compiled by Department of Planning & Community Development) The following list summarizes all activities undertaken with City Council authorization for appropriation of funds from the Oyster Heritage Fund and other funding sources since its inception. August 13. 2002: Appropriation of $37,500.00 from the Oyster Heritage Fund to the Department of Agriculture and Transfer of $50,000.00 for the General Fund Reserve for Contingencies to the Department of Agriculture to help fund construction of approximately 8 acres of sanctuary oyster reef habitat. NOTE: Item 1 matched with $65,000 by special appropriation from the Commonwealth of Virginia secured through efforts of the City's legislative delegation. Total cost of approximately 8 acre project was $167,500.00 Project partnership with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers and the Chesapeake Bay Foundation. May 6. 2003: Appropriation of$8,000.00 from the Oyster Heritage Fund to the Department of Planning to establish education and informational materials partnership re: oyster restoration with Lynnhaven River 2007 (now Lynnhaven River NOW) and the Chesapeake Bay Foundation. September 9. 2003: Appropriate $52,339.00 from the Oyster Heritage Fund and $15,000.00 from the Civil Penalties Funds collected in enforcement of Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances to the Department of Planning to help fund construction of sanctuary oyster reef habitat with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers and the Chesapeake Bay Foundation. May 11, 200.4: Appropriate $70,000.00 from the Oyster Heritage Fund to the Department of Planning to help with development of an Oyster Heritage Plan, in partnership with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers, Lynnhaven River 2007 (now Lynnhaven River NOW) and the Chesapeake Bay Foundation. Components of the Oyster Heritage Plan development and implementation strategy tasks were undertaken by grant funded temporary and existing Staff resources and associated expenses to perform the following tasks: • Long Creek Oyster Reef Project Design and Permitting Coordination with First Landing State Park Work (field work, permit applications, project design plans) • Oyster Shell Recycling Program with Area Restaurants Work (coordination, logistics for recycling, education, implementation and project kick-off) 24 Oyster Heritage Plan • Oyster Lease Map Coordination with VMRC and Mapping of New Priority Potential Reef Sites Work (GIS coordination) • Oyster Shell Recycling Program Publicity and Printing Costs Work (flier development and design, printing proofs, internal printing, distribution) • City Oyster Heritage Program Website Development Costs Work(website development and design, posting) • Reef Program Coordination Work with the Virginia Marine Resources Commission, the U.S. Army Corps of Engineers, Lynnhaven River 2007 and the Chesapeake Bay Foundation (partner labor and support with project planning and production , information development, internal printing and publicity) Contractual manpower $30,979 City salaries and fringe $39,021 Total $70,000.00 July 17. 2007: Appropriate $137,000.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 2 of Oyster shell education and recycling program (year 1 no City fund support, approximately $15,000); (2) Lynnhaven River NOW to help construct approximately 1/3 acre of sanctuary oyster reef habitat near Long Creek channel and marsh islands (approximately $15,000), and (3) funding assistance to the Virginia Marine Resources Commission to augment the Commonwealth's match of oyster shell to the U.S. Army Corps of Engineers to construct approximately 58 acres of sanctuary oyster reef habitat and seeding with wild stock Lynnhaven spat-on-shell oysters in Lynnhaven Bay, Broad Bay, Long Creek and Linkhorn Bay (approximately $107,000). January 13. 2009: Appropriate $126,539.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 3 of Oyster shell education and recycling program ($26,359); (2) funding assistance to the Virginia Marine Resources Commission to augment the Commonwealth's match of oyster shell to the U.S. Army Corps of Engineers to construct approximately 58 acres of sanctuary oyster reef habitat and seeding with wild stock Lynnhaven spat-on-shell oysters in Lynnhaven Bay, Broad Bay, Long Creek and Linkhorn Bay ($100,000- combined with the $107,000 appropriated on July 17, 2007). February 23. 2010: Appropriate $25,579.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 4 of oyster shell education and recycling program. 25 Oyster Heritage Plan November 23. 2010: Appropriate $45,000.00 from the Oyster Heritage Fund to the Department of Planning to (1) Lynnhaven River NOW to help fund year 5 of oyster shell education and recycling program ($29,000.00) and (2) the Environment and Sustainability Office to utilize temporary Staff to help with site evaluation, design and coordination to support future construction of spat-on- shell oyster restoration facility ($16,000.00). May 22. 2012: Appropriate $33,680.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 6 of oyster shell education and recycling program and to undertake the annual survey of oyster populations on sanctuary oyster reefs in the Lynnhaven watershed. January 22. 2013: Appropriate $33,769.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 7 of oyster shell education and recycling program. January 14. 2014: Appropriate $33,727.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 8 of oyster shell education and recycling program. October 7. 2014: Appropriate $20,376.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 9 of oyster shell education and recycling program. February 3. 2015: Appropriate $20,780.00 from the Oyster Heritage Fund to the Department of Planning to Lynnhaven River NOW to help fund year 10 of oyster shell education and recycling program. TOTAL AMOUNT APPROPRIATED TO DATE from Oyster Heritage Fund: $644,289 TOTAL AMOUNT APPROPRIATED TO DATE from General Fund Reserve for Contingencies: $50,000 TOTAL AMOUNT APROPRIATED TO DATE from Civil Penalties Funds collected in enforcement of Wetlands, Coastal Primary Sand Dunes and Chesapeake Bay Preservation Area Ordinances: $15,000 26 Oyster Heritage Plan Attachment 8: References (available upon request from Department of Planning & Community Development) Assessment of Oyster Reefs in Lynnhaven River as a Chesapeake Bay TMDL Best Management Practice, Mac Sisson, Lisa Kellogg, Mark Luckenbach, Rom Lipcius, Allison Colden, Jeff Cornwell, and Michael Owens, Final Report to the U. S. Army Corps of Engineers, Norfolk District and The City of Virginia Beach, Special Report No. 429 In Applied Marine Science and Ocean Engineering, Virginia Institute of Marine Science, Department of Physical Sciences, Gloucester Point, Virginia 23062, December 2011. Chesapeake Bay Oyster Recovery: Native Oyster Restoration Master Plan, Maryland and Virginia, September 2012. U.S. Army Corps of Engineers, Baltimore and Norfolk Districts. Overcomina Restoration Paradigms: Value of the Historical Record and Metapopulation Dynamics in Native Oyster Restoration, Frontiers in Marine Science, 08 September 2015. Romuald N. Lipcius et al. Virginia Oyster Gardening Guide, 2nd Edition, 2013. Department of Environmental Quality, Virginia Coastal Zone Management (CZM) Program in partnership with the Virginia Marine Resources Commission, Virginia Institute of Marine Science, Tidewater Oyster Gardeners Association, Oyster Reef Keepers, Chesapeake Bay Foundation and Virginia Department of Health. 27 ! rr�„l'1C�. IN I1" «zR;tf,' '-1.....:' Vyv CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Establish Capital Project #7-044, "Flood Mitigation Assistance Grant Program II," and Accept and Appropriate Revenue from a Flood Mitigation Assistance Grant from the Virginia Department of Emergency Management MEETING DATE: July 12, 2016 • Background: The Federal Emergency Management Agency (FEMA) provides grant funding through the Flood Mitigation Assistance Program (FMAP) to implement mitigation efforts at qualifying properties to reduce the likelihood of future flooding damage. This program requires the City to be the fiscal agent and project manager for the mitigation work in Virginia Beach. These funds will enable the elevation of five residential properties which have sustained severe repetitive damage due to severe flooding. The individual property owners are required to meet grant requirements. The City engaged in outreach to citizens after Hurricane Irene in 2011, Tropical Storm Lee in 2011 and Hurricane Sandy in 2012 to identify potential properties which may qualify for the FMAP and owners willing to volunteer. Due to the time constraints of the application period, outreach was limited to only eligible Severe Repetitive Loss properties. The City evaluated 40 properties for consideration. Letters were hand delivered to 10 properties as well as certified letters sent out to the homeowners. An informational meeting was held and city representatives were available to communicate with homeowners via phone and email through the application process. Of the 10 homes, a total of five indicated desire to be included and submitted necessary documentation on which to build a competitive application based prior flood losses, depth in the floodplain, cost benefit analysis (using data provided by FEMA) and resident voluntary participation. The following properties were included in the approved grant application: • 718 Northgate Court • 2115 Wake Forest Street • 2100 Dawn Drive • 2985 Lynnhaven Drive • 2916 Breezy Road • Considerations: The grant amount is $874,061 provided through the FMAP Grant. FEMA provides 100% of the funds for this project. The grant requires the City to be responsible for contracting, inspections, and administrative oversight. A new capital project is needed to account for the funding. • Public Information: Public meetings have been held with the impacted communities to describe the FMA program as well as substantive public outreach to solicit interest. The public outreach included survey data collected to screen for propriety of the claims and for compliance with the FMA program in order to present a competitive grant application to the Virginia Department of Emergency Management and FEMA. Public information for this ordinance will be distributed through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval 6 Submitting De• me ' •ency: Fire Departme' ii. . City 9 Mana er: 9 b�� 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT # 7- 2 044, "FLOOD MITIGATION GRANT PROGRAM II" AND 3 ACCEPT AND APPROPRIATE REVENUE FROM A FLOOD 4 MITIGATION ASSISTANCE GRANT FROM THE VIRGINIA 5 DEPARTMENT OF EMERGENCY MANAGEMENT 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA, THAT: 9 10 1. Capital Project # 7-044, "Flood Mitigation Grant Program II," is hereby 11 established as a project in the FY 2016-17 Capital Improvement Program; and 12 13 2. $874,061 in grant funds are hereby accepted and appropriated, with federal 14 revenue increased accordingly, to CIP #7-044 in the FY 2016-17 Capital 15 Improvement Program for the purpose of elevating homes susceptible to repeat 16 flooding. 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: r OVI/U)H bj\CS7 • 9 Bud et and Management Servic s £i y ey's Office CA13777 R-1 June 29, 2016 fug5J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $822,486 from Fund Balance of the General Fund to CIP #3-146 Virginia Aquarium Building Systems and Facility Infrastructure in the Amount of $181,813 and CIP #3-028 Aquarium Marsh Pavilion Enhancements in the Amount of $640,673 MEETING DATE: July 12, 2016 • Background: On February 26, 2015, the netting on the Virginia Aquarium Aviary collapsed after a small snow storm. This exhibit, comprising of approximately 1/2 acres and 89 animals, was deemed a hazard. After analyzing the total annual operating costs of the Aviary, the Aquarium leadership team determined it would be in the best interests of the City and the Aquarium Foundation not to rebuild the structure, but instead to remove the structure and use the insurance funds to pay for new exhibits as part of the Marsh Pavilion renovation capital project. Payments to the City's contractor for the demolition expenses totaled $181,813. • Considerations: The purpose of this request is to appropriate insurance payments for repayment to the Capital Improvements Program for the expenses incurred in the demolition of the collapsed aviary netting at the Virginia Aquarium and to supply funding to the Marsh Pavilion renovation project to substitute exhibits destroyed when the Aviary collapsed. The full insurance reimbursement amount was not received until June 14th, and this funding will fall to fund balance on July 1st; thus, the request is for fund balance appropriation for the full amount of $822,486. • Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. • Alternatives: Allow the funding to remain in Fund Balance pending future City Council direction. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De• = 4 en ' •ency: Dept. of Aquarium and Historic Houses L LOS City Manager: 1 1 AN ORDINANCE TO APPROPRIATE $822,486 FROM 2 FUND BALANCE OF THE GENERAL FUND TO CIP #3-146 3 VIRGINIA AQUARIUM BUILDING SYSTEMS AND 4 FACILITY INFRASTRUCTURE IN THE AMOUNT OF 5 $181,813 AND TO CIP #3-028 AQUARIUM MARSH 6 PAVILION ENHANCEMENTS IN THE AMOUNT OF 7 $640,673 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $822,468 is hereby appropriated from fund balance of the General Fund to 13 the following projects for the amounts and purposes set forth below: 14 15 1) $181,813 to CIP #3-146 Virginia Aquarium Building Systems and Facility 16 Infrastructure for repayment for expenses incurred in the demolition of the 17 collapsed aviary netting at the Virginia Aquarium; and 18 19 2) $640,673 to CIP #3-028 Aquarium Marsh Pavilion Enhancements to 20 substitute exhibits destroyed when the aviary collapsed. 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 anagement Sery ces City tG ney s Office CA13778 R-1 June 29, 2016 J. PLANNING 1. WALLER ENTERPRISES, LLC / RHAE ADAMS JR. for a Subdivision Variance at 221 75th Street DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. IGLESIA CRISTIANA NUEVA VIDA / 118 ASSOCIATES, LLC for a Modification to the Indian Lakes Land Use Plan for a Conditional Use Permit re religious use at 1100 Indian Lakes Boulevard DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 3. ACELA AGUERREBERE LANE for a Conditional Use Permit re Family Day-Care at 1425 Glenwood Links Lane DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 4. CHRISTIAN BROTHERS AUTOMOTIVE CORPORATION / CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC. for a Conditional Use Permit re auto repair garage at the corner of Holland Road and Warwick Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL rrG`''}tA B54 1� *,i >j 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,July 12,2016 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 1—CENTERVILLE ACELA AGUERREBERE LANE Conditional Use Permit(Family Day- Care Home)1425 Glenwood Links Lane(GPIN 1475003257) DISTRICT 5—LYNNHAVEN WALLER ENTERPRISES,LLC/RHAE ADAMS JR.Subdivision Variance(to Section 4.4 (b) & (d) of the Subdivision Regulations).221 75th Street(GPIN 2419567897) DISTRICT 2—KEMPSVILLE IGLESIA CRISTIANA NUEVA VIDA/ 118 ASSOCIATES,LLC Modification to the Indian Lakes Land Use Plan (addition of a Religious Use); Conditional Use Permit (Religious Use)1100 Indian Lakes Boulevard (GPIN 1466809439) DISTRICT 3—ROSE HALL CHRISTIAN BROTHERS AUTOMOTIVE CORPORATION / CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS, INC. Conditional Use Permit(Automobile Repair Garage) Corner of Holland Road and Warwick Drive (GPIN 1495086742) All interested parties ar in d to attend. Ruth H 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 ttfr.�%www.vh;c,y,.comz.j c For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: JUNE 26,2016& JULY 3,2016 S45"..- ,,,7 O �� ' +as. S) t, ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WALLER ENTERPRISES, LLC [Applicant] RHAE ADAMS, JR. [Property Owner] Subdivision Variance to sections 4.4 (b) & (d) of the Subdivision Regulations (GPIN 2419567897). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: July 12, 2016 ■ Background: In 1972, the subject 10,000 square-foot parcel was legally recorded by plat in the City Clerk's office. As a matter of right, the applicant could construct a duplex on the parcel. Additionally, with the adoption of the North End Overlay District by the City Council on November 17, 2015, the applicant also has the option to construct two, single-family dwellings on the one parcel. The applicant wishes to subdivide the property into two, 5,000 square-foot lots for the purpose of constructing two, single-family dwellings, each on its own lot. • Considerations: Unlike most of the streets adjacent to First Landing State Park in the North End, the terminus of 75th street does not extend the length of the property to First Landing State Park, otherwise, the subject parcel could be subdivided as a matter of right into two single-family lots. Both proposed 5,000 square-foot parcels will meet the lot area, setbacks, lot coverage, and impervious area coverage requirements for single-family dwellings in the R-5R Residential Zoning District. o Proposed Lot A-1 requires a variance to Section 4.4 (b) of the Subdivision Regulations to allow for a lot width of 20-feet, rather than 50 feet as required. o Proposed Lot A-2 requires a variance to Section 4.4 (b) of the Subdivision Regulations to allow for a zero lot width, rather than 50 feet as required; and a variance to Section 4.4 (d) of the Subdivision Regulations to allow the lot to be accessed via a 20-foot ingress/egress easement, rather than directly onto a public street. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There was 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. Waller Enterprises, LLC Page 2 of 2 1. When subdivided, the property shall be subdivided as shown on the submitted preliminary plat entitled "PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A-1 & A-2," dated March 29, 2016, and prepared by Gallup Surveyors & Engineers, Ltd., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 2. When developed, the Property shall be developed in substantial conformity with the submitted site plan entitled "RE-SUBDIVSION VARIANCE EXHIBIT 75th STREET RESIDENCES for WALLER ENTERPRISES,"dated February 23, 2016, and prepared by John Waller, AIA, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the single-family dwellings shall be developed in substantial conformity with the submitted building elevations entitled "RE- SUBDIVSION VARIANCE EXHIBIT 75th STREET RESIDENCES for WALLER ENTERPRISES,"dated February 23, 2016, and prepared by John Waller, AIA, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. A 20-foot private ingress/egress, drainage, and utility easement shall be established across proposed Lot A-1 for proposed Lot A-2, as shown on the submitted exhibit entitled "PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A-1 &A-2,"dated March 29, 2016, and prepared by Gallup Surveyors & Engineers, Ltd. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval.ilk Submitting Dep. - • • •ency: Planning Departmepr r' City Manager Applicant Waller Enterprises, LLC Agenda Item Property Owner Rhae Adams, Jr. Public Hearing June 8, 20164 <iu „/ City Council Election District Lynnhaven Virginia Beach Request190 sa..t Subdivision Variance to Sections 4.4 (b) & (d) s,,..` Ism of the Subdivision Regulations. Tos,,..t s- Staff Planner oho s .., Kevin Kemp Location 221 75th Street G PI N ,o,„s 2419567897s 6fi,svi`` Site Size CM 5".1 10,000 square feet AICUZ 6s 65 sutet Less than 65 dB DNL Existing Land Use and Zoning District Vacant Lot/R-5R(NE) Residential (North End Overlay) Surrounding Land Uses and Zoning Districts �6t1'S,jee� North .4 Single-family dwellings/ R-5R(NE) Residential , t (North End Overlay) d South r Multi-family dwelling/R-5R (NE) Residential (North End Overlay) 75s+,s`jee` Eastk. Single-family dwelling/R-5R(NE) Residential . (North End Overlay) , - " West t First Landing State Park/P-1 Preservation *1 « ,.-, f'y Waller Enterprises, LLC Agenda Item 4 Page 1 Background and Summary of Proposal • The subject 10,000 square-foot parcel was legally recorded by plat in 1972 with the City Clerk's office. • The lot directly adjacent to the south is developed with a three-story, multi-family dwelling. • As a matter of right,the applicant could construct a duplex on the parcel.Additionally, with the adoption of the North End Overlay District on November 17, 2015,the applicant has the ability to construct two single-family dwellings on the one parcel. • The applicant wishes to subdivide the subject parcel into two, 5,000 square foot parcels for the purpose of constructing two, single-family dwellings,each on its own lot.The proposed subdivision line will run east to west. • To subdivide this property, several variances to the Subdivision Regulations are required (listed below). o Proposed Lot A-1-Variance to Section 4.4 (b)to allow for a lot width of 20-feet, rather than 50 feet as required. o Proposed Lot A-2-Variance to Section 4.4(b)to allow for a zero lot width, rather than 50 feet as required;Variance to Section 4.4 (d)to allow the lot to be accessed via a 20-foot ingress/egress easement across proposed Lot A-1, rather than directly onto a public street. • Both 5,000 square-foot parcels will meet the lot area requirement for single-family dwellings in the R-5R Residential Zoning District of 5,000 square-feet. • The proposed single-family dwellings will meet all setback, lot coverage, and impervious area coverage requirements. • Unlike most of the streets adjacent to First Landing State Park in the North End,the terminus of 75th street does not extend to the property line with the Park. The subject parcel is accessed via a 14-foot ingress/egress easement,seven-feet of which is located on the adjacent parcel. If the street extended to the eastern property line of the Park,the subject parcel could be subdivided as a matter of right,and developed with two single- family dwellings. Waller Enterprises, LLC Agenda Item 4 Page 2 R-5R Zoning History # Request 1 SVR(Approved 09/25/2004) P_1 �j 1 111 stoot CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning SIC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being in the Suburban Area, Suburban Focus Area (SFA) 7- North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District(R-5R). Moreover,the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization and the use of Best Management Practices (BMPs)for stormwater control. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces,where feasible,to achieve a net reduction of impervious coverage.Attractive and high quality materials capable of withstanding severe weather events should be used. (p. 3-24) Natural and Cultural Resources Impacts The site is located within the Atlantic Ocean, Small Coastal East watershed.The site is directly adjacent to First Landing State Park.All vegetation on the site has been removed.There do not appear to be any significant natural resources or cultural features associated with the site. Waller Enterprises, LLC Agenda Item 4 Page 3 Traffic Impacts Street Name Present Volume` Present Capacity Generated Traffic No existing traffic No traffic data is available for Existing Land Use 2-10 ADTe 75th Street counts are available this roadway Proposed Land Use 3-20 ADT1 for this roadway 1 Average Daily Trips 2 as defined by one single- 3 as defined by two single-family family dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 75th Street in the vicinity of this application is considered a two-lane undivided residential cul-de-sac street.The existing 19-foot wide roadway currently resides in a 40-foot right-of-way and terminates without the benefit of a public turnabout. 75th Street is not included in the MTP.There are no CIP projects slated for this area. Public Utility Impacts Water The site currently connects to City water.There is an existing four-inch City water line on 75th Street.The existing 5/8- inch meter(City ID#95079894) can be used or upgraded to accommodate the proposed development.Separate water service lines will be required for each lot. Sewer The site currently connects to City sanitary sewer.There is an existing eight-inch City gravity sanitary sewer main on 75th Street. Separate sanitary sewer service lines will be required for each lot. Evaluation and Recommendation This Subdivision Variance is requested to allow the applicant to create two lots for the purpose of developing two single- family dwellings.The recently adopted North End Overlay gives the opportunity to develop two single-family dwellings on one site, provided certain design criteria are met; however,the applicant has decided to pursue the Subdivision variance so that each dwelling will be located on its own parcel.The submitted plan depicts a site layout that reflects the character of the surrounding neighborhood and is in compliance with all setback, height, lot coverage and impervious cover requirements of the Zoning Ordinance.As the terminus of 75th Street does not extend the full length of the lot,the configuration of the existing lot presents a condition that is unique and not commonly shared with other properties in the area. Based on the considerations above,Staff recommends approval of this application, subject to the conditions listed below. Waller Enterprises, LLC Agenda Item 4 Page 4 Recommended Conditions 1. When subdivided,the property shall be subdivided as shown on the submitted preliminary plat entitled "PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A-1 &A-2," dated March 29, 2016, and prepared by Gallup Surveyors& Engineers, Ltd., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 2. When developed,the Property shall be developed in substantial conformity with the submitted site plan entitled "RE-SUBDIVSION VARIANCE EXHIBIT 75th STREET RESIDENCES for WALLER ENTERPRISES," dated February 23, 2016,and prepared by John Waller,AIA,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed,the single-family dwellings shall be developed in substantial conformity with the submitted building elevations entitled "RE-SUBDIVSION VARIANCE EXHIBIT 75th STREET RESIDENCES for WALLER ENTERPRISES,"dated February 23, 2016,and prepared by John Waller,AIA, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. A 20-foot private ingress/egress, drainage, and utility easement shall be established across proposed Lot A-1 for proposed Lot A-2, as shown on the submitted exhibit entitled "PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A-1 &A-2," dated March 29, 2016,and prepared by Gallup Surveyors& Engineers, Ltd. 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. Waller Enterprises, LLC Agenda Item 4 Page 5 Preliminary Subdivision Plat ,_ Iii._,,_ :• J !i! z ! ■ ti N I Is.• I t m oe..,Jl.. S It i N • ' r OC �1 , ,;I` ;$ rx4 i 31 A 'I; 1 .. , i ) tl. — , J s s . , 4� "3r . , i S F �ii; ; : c[ CC 4444 11 aa. v = • 1 _.I _ . 4 ` GV..a>a7. mus.mt`, 111-1 ou'litfc '1 -— 'i 1... --- : v.; o PW 6L 7f t W W N • WW nj 0 W Q Z } H O —. O N = 0 W H N II 1 < 0 E Q hI1 1 o z a, 0CC ag 1 0 il'i 11 llf ',. Waller Enterprises, LLC Agenda Item 4 Page 6 Proposed Site Layout and Elevations CURVED ROOF SLOPE-1 BUFF 8RIOT 1 WARN GRAY ASPHALT SHINGLES tr- - r ,\ -f � yT) ' :. �—DIAMOND-SMMEU INATOD SNAKES Y-I ., - , NATURAL CEDAR SHAKES MDT SWF TRIM ~ EXPOSED METER TAI15 ri � a . ...., .,,,,,„, A4'.....a....7:4. - €a — _ '.. UNIT ONE "-TV,U 5040' N 1421'48'W 50.0' i r t r , lli s �D x,..AA, ..-1 k T..0. °co H `�t"° SITE DATA +altv k.1,0 IEi L I TOTAL EXISTING SITE AREA 10,000 SF PROPOSED LOT AREA LOT A 5,000 SF gi gi 1018 5.003 SF i LOT COVERAGE UN1'ON1. - UNE'TWO ALLOWABLE 1,75D SE PROPOSED: �j 1 IOTP w) LOT A,UNIT1,18!SF _ LOT 8,UNIT IT2 2 1,880 ST R� 0.000.LIVING AREA 'i." I n ALLOWABLE'.. 1,100 SF Y, PROPOSED: NI , /to I LOT A,UNIT I 3,137 SF (,_ LOT I,UNIT I 3,707 SE 1 ///''' IMT6RVIOU15TINSS0URTACE fY �'�[ LOT A,UNIT I 3,327 SF(845%) 1 i \ LO7 8.UNIT 7 1,885 SF(31%) _ . , I, PROPOSED: LOT A,UNIT 1 7,995 SE 180%) LOT 8,UNIT 7 3,000 SE(60%) ` I ; 3Pi F1ealrr+.M SEn.cw 1 I 30'-0' S 11.21 18•E SO C /1 RE-SUBDIVISION VARIANCE EXHIBIT SCALE 1 6 -1O FEBRUARY 23,2016 JOHN WALLER,AIA ARCHITECT Waller Enterprises, LLC Agenda Item 4 Page 7 Site Photos ilk „titki k . 14110111t ,, , �. { T��EP''1{sy ; � IR .tip k,-� "-F. !I' EtR` .414 .g - <. , ••-9 . y t, 1 ;' 7' •I tet"' a:.. _ �Vr;• .. /Oak l--a7 y is 'Ili r„,..6-1;'4-_: cOr.. ! A. -- _ r - -- }'} � • 4 z^: 4 PI tyk ,., i .• rI z Ly _ • ./ 111e _ : KK..- . _. ---;1"-;:-:,, '- it.-- Waller Enterprises, LLC Agenda Item 4 Page 8 Disclosure Statement [Sry o, Virginia Beach APPLICANT'S NAME Lod lc( En-fes-prI 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 (EDI P) 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. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: Q /i,`�.*4A REVISIONS SUBMITTED DATE: I� Waller Enterprises, LLC Agenda Item 4 Page 9 Disclosure Statement 1k33Oly of Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. oCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_(36 mac- t r-v-e cvN s ,Lc--- If an LLC, list all member's names: D0.V,t �0.1��� 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 property owner is different from Applicant. 52(Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Li 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: __CtP rha----- If an LLC, list the member's names: Page 2 of 7 Waller Enterprises, LLC Agenda Item 4 Page 10 Disclosure Statement 1\33„: 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. 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 Waller Enterprises, LLC Agenda Item 4 Page 11 Disclosure Statement Vii3 APPLICANT Virginia Beach I YES NO I SERVICE I I PROVIDER(useneeded)additional sheets if I C ( ( Accounting and/or preparer of �1�� vy your tax return CArchitect/Landscape Architect/ STCEL\i - MC NA-\-U ce 14-ro A r C� I T GGT 4,A4,- Land Planner Contract Purchaser(if other than .4 1-o4"4' WAL ► ittA C R the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C I'S ' purchaser of the subject property /I-� (identify purchaser(s)and purchaser's service providers) Ei C Construction Contractors INA4LL.ER EIJTEPRI5lxi I-L4 iiEngineers/Surveyors/Agents Whi. tarrat f ve o RS ,P Financing(include current C E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E. ( I Legal Services M a R r LS #'i )--I .- Real Estate Brokers / C �7I Agents/Realtors for current and El J anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have C ® 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 Waller Enterprises, LLC Agenda Item 4 Page 12 Disclosure Statement ory l 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 pr. 'i •d herein two weeks pr' ri to the Planning Commission, CouncilVBDA eeti g, or mee ng of an p lic body or committee in connection with this li�-tion. p4thil L. .k)QJ1 3-z�-101 .P- AN S SIG ATURE PRINT NAME DA Page 5 of 7 Waller Enterprises, LLC Agenda Item 4 Page 13 Disclosure Statement <,rygr OWNER Virginia Beach IYES NO I SERVICE PROVIDER(useneeded)additional sheets if jj Accounting and/or preparer of your tax return n I I Architect/Landscape Architect/ i G i T��� Land Planner A < •A Contract Purchaser(if other than C Ft the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed F purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CConstruction Contractors 'iJ4>LL E R L1vTLRPaSE5 L-'--C. nEngineers/Surveyors/Agents Financing(include current C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) C Legal Services U IZ R I s F 1 ►� Real Estate Brokers / C E! Agents/Realtors for current and L� 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 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 6 of 7 Waller Enterprises, LLC Agenda Item 4 Page 14 Disclosure Statement NIA3Orgof 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 .6 -- , -t-filtt'S A AitY1 5 2011444 2\6 1 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Waller Enterprises, LLC Agenda Item 4 Page 15 Item#4 Waller Enterprises, L.L.C. Subdivision Variance 221 75th Street District 5 Lynnhaven June 8, 2016 REGULAR An application of Waller Enterprises, L.L.C.for a Subdivision Variance to Section 4.4(b)& (d) of the Subdivision Regulations on property located at 221 75th Street, District 6, Lynnhaven. GPIN: 2419-56- 7897-0000. CONDITIONS 1. When subdivided,the property shall be subdivided as shown on the submitted preliminary plat entitled "PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A-1 &A-2," dated March 29, 2016, and prepared by Gallup Surveyors& Engineers, Ltd., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 2. When developed,the Property shall be developed in substantial conformity with the submitted site plan entitled "RE-SUBDIVSION VARIANCE EXHIBIT 75th STREET RESIDENCES for WALLER ENTERPRISES," dated February 23, 2016, and prepared by John Waller,AIA,a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed,the single-family dwellings shall be developed in substantial conformity with the submitted building elevations entitled "RE-SUBDIVSION VARIANCE EXHIBIT 75th STREET RESIDENCES for WALLER ENTERPRISES,"dated February 23, 2016, and prepared by John Waller,AIA, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. A 20-foot private ingress/egress,drainage,and utility easement shall be established across proposed Lot A-1 for proposed Lot A-2, as shown on the submitted exhibit entitled "PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A-1 &A-2," dated March 29, 2016, and prepared by Gallup Surveyors& Engineers, Ltd. A motion was made by Commissioner Redmond and seconded by Commissioner Inman to approve item 4. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE Item#4 Waller Enterprises, L.L.C. Page 2 OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 4. The applicant appeared before the Commission. 1\_. tC t t �, _J - F.', \— C It \ ,,,, '--.-- — ---5--nii '411611 ', . . &,:i":,.., 01 \ \-- ----- — ' ICHri' , '. , 1I. 1 11%. l''" \\S ----... - 11 \C • 1-3' \-- \k \--7:-.K....- \- \-- '\ .,__,- � t _ __I!,., i-. =4 ---''—" ."--- --1\ 10 I \ , V' CC lill Y 111t t' C ....,—,--\ —5 \-- -----As ti R.- t" ti 4 C, Ct 11!_____i' 11 k 1111111111101111S: lib iiii ____, ........- - lop I 0 Huz� (1 , s, stY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: IGLESIA CRISTIANA NUEVA VIDA [Applicant] 118 ASSOCIATES, LLC [Property Owner], for a Modification to the Indian Lakes Land Use Plan to allow for the addition of a Religious Use on this property, and a Conditional Use Permit (Religious Use). 1100 Indian Lakes Boulevard (GPIN 1466809439) COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: July 12, 2016 • Background: In 1984, the Virginia Beach City Council approved a request to the rezone this site and the entire Indian Lakes neighborhood to PD-H1. The Land Use Plan attached to that rezoning limits the use of this specific property to "Daycare." A church is interested in occupying the building, and as such, a Modification to the Land Use Plan to allow the additional use of the property for a church, as well as a Conditional Use Permit for a Religious Use are required. • Considerations: Upon Staff's site visit, it appeared that at least two of the three units within the existing building were vacant. Initially, the church will occupy two of these units and has plans to expand into the entire building with a 100-seat sanctuary, a children's ministry and a daycare operation. The church plans on providing extensive community outreach programs, such as a food pantry, mental health services and other services targeted to assist the Hispanic community. Further details pertaining to the request, as well as the Staffs evaluation of the request, are provided in the attached Staff report. An email of opposition was received by the Staff, but no specifics were provided regarding the opposition. There were no speakers at the Planning Commission meeting. • Recommendations: The Planning Commission recommended approval, subject to the proffer agreement and the two conditions below, by a vote of 11-0. Proffer 1. The Land Use Plan for Indian Lakes Planned Unit Development shall be amended to also allow religious uses on the Property. Such religious uses shall include a church, sanctuary, and classrooms. Accessory uses to the religious use shall include preaching and classroom teaching, a food pantry, counseling, Iglesia Cristiana Nueva Vida Page 2 of 2 children's ministry and outreach, daycare, and general outreach to the Hispanic community. Conditional Use Permit Conditions 1. A Certificate of Occupancy shall be obtained by the Building Official's Office prior to occupancy of the building by the church. 2. The number of occupants shall be established by the Building Official's Office. • 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, - m- . s ency: Planning Department )T-er---' City Manager: 1- Applicant Iglesia Cristiana Nueva Vida Agenda Item Property Owner 118 Associates, LLC Public Hearing June 8, 2016 8 ,;/1,0 City Council Election District Kempsville Virginia Beach �e Request "ow.r,� .11644, y"''^ o-pyh 44.,4�'.'d Conditional Use Permit (Religious Use) 41�tlk,,a aO°41.• aort h Modification to the Land Use Plan (Indian / 3 ��i fit Lakes Land Use Plan-to allow a religious use) "e,,,.. - S a I Si �, F � w0y4 304 4}„„re b0 3 N L Staff Planner a .'' w4y 3 Carolyn A.K. Smith ""`'4°R,,d `°ye, N. " I Cat*Read 3� C Location a,, ♦ / , 1100 Indian Lakes Boulevard i „.„...•coon ► co° a GPIN msd° 44 1466809439 € ��,��°� '"`" Q / Site Size Approximately 44,000 square feet S"''onOn.. 444..4 Dove AICUZ Less than 65 dB DNL Existing Land Use and Zoning District '--, I . 3.. Day care facility/PD-H1 ;. , • c1 a Surrounding Land Uses and Zoning Districts • ,k °', North '� �' ,�' v 4' r r,rrr`� �a Single-family dwellings / R-10 Residential ,, M 4' °, South Vacant commercial parcel/PD-H1 Planned Unit • Development East d a' Single-family dwellings/PD-H1 Planned Unit Development 1%, ' t West i Indian Lakes Boulevard Iw Single-family dwellings/PD-H1 Planned Unit Development Iglesia Cristiana Nueva Vida Agenda Item 8 Page 1 Background and Summary of Proposal • The existing three-unit building is designated on the Indian Lakes Land Use Plan as"Day Care." A church wishes to operate on the property; therefore, a modification to the land use plan is required, along with a Conditional Use Permit for a Religious Use. • The church proposes to eventually occupy the entire building with a 100-seat sanctuary,with rooms for a children's ministry and a daycare operation. • The church plans on providing extensive community outreach programs, such as a food pantry and mental health services. • Typically, church services will be held on Wednesday evenings, 6:00 p.m.to 9:00 p.m., and on Sundays, between 10:30 a.m. and noon.Special events planned throughout the year at the church include the Mobile Mexican Consulate and Life Fair. ter' ' €, vi', vJ R•1 \ r � E3 0 _ .0��/ /i et: 6 !,^ is y �� /R-10 �' :. Zoning History Ps-HI2 ,'W-, # q , .a. ..,. .,qt \ ,'d �% 1 REZ(Indian Lakes LUP)Approved 03/27/1984 r,':1 ,, ,,,,,,f ' iv, ill------- // \ PD-H1 ilk, ® - ,A/ti - ,-,--0 , v , :: _ e sof ar a ..w. -.. v... . ; , . . _ _...L,:f,' .ari 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 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 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) Iglesia Cristiana Nueva Vida Agenda Item 8 Page 2 Natural and Cultural Resources Impacts The property is located within the Southern Rivers Watershed.There is a canal adjacent to the property to the north known as the "Chesapeake Canal," which ultimately drains to Stumpy Lake. As the site is almost entirely impervious, there do not appear to be any significant natural or cultural features on the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2—80 ADT Proposed Land Use —61 Weekday 14,800 ADT (LOS°"C") ADT&90 Sunday ADT based on Indian Lakes Boulevard 7,613 ADT 27,400 ADT'(LOS°"E") 100 seat church 150 Weekday ADT&20 Sunday ADT based on 25 children in daycare 1 Average Daily Trips 2as defined by 7,300 square 4 LOS=Level of Service foot office building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian Lakes Boulevard is the vicinity of this application and is considered a four-lane, divided, minor urban arterial roadway.The MTP proposes a divided facility within a 110-foot right-of-way. No CIP projects are slated for this area. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request to modify the Indian Lakes Land Use Plan to allow for the use of the property for a church is acceptable and recommended for approval, subject to the proffer agreement and the conditions listed below.This request is consistent with the Comprehensive Plan for the Suburban Area and will be a good reuse of this partially vacant building. Proposed Proffer 1. The Land Use Plan for Indian Lakes Planned Unit Development shall be amended to also allow religious uses on the Property. Such religious uses shall include a church, sanctuary, and classrooms.Accessory uses to the religious use shall include preaching and classroom teaching, a food pantry, counseling, children's ministry and outreach, daycare, and general outreach to the Hispanic community. Iglesia Cristiana Nueva Vida Agenda Item 8 Page 3 Recommended Conditions 1. A Certificate of Occupancy shall be obtained by the Building Official's Office prior to occupancy of the building by the church. 2. The number of occupants shall be established by the Building Official's Office. 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. Iglesia Cristiana Nueva Vida Agenda Item 8 Page 4 Existing Site Layout L 1 1 4 I PARCEL A t O+rT+ fl 8 S e OM....10s! S 4111111. 1 .0, ilikill, III F 1 1 , 111,171CIn #11111)41 INDPAN LAKES BOMBARD W RAWI Iglesia Cristiana Nueva Vida Agenda Item 8 Page 5 Site Photos • - lc, A • ' .,* . , 3.7 7* .r.,,, ,, • • - • 14, • • )111,i.p.,:' , ‘11'.., P• ' - , 11,',1‘.. ,,•4",,,,,,Aii ,.. i i 1 - , -lb '•.;;111;111111i':-. ' — '. - , •-'•:',. - -1 ."..N.. t. t.• 101104,,,c, - ,,, , , ' 'e•-f'.1‘ •- •t- • ' ,-e. _ . I t dok, „ :11,1— 411P - —-Irloi , , _ .., ...._, - ,,,,.:..,/ ,,_,..- ,00...........%,... 0.-,.. _. ..,, .., _ .- .,--___ L.1.- , er.,;•... ---,.....,, ....... 4 ''''s '",','• V.',,4 " r. Iglesia Cristiana Nueva Vida Agenda Item 8 Page 6 Disclosure Statement 1113 Virginia Beach APPLICANT'S NAME (61----1-7-7k Noc,i( xu' DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). CryAPPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: (4, a REVISIONS SUBMITTED DATE: Iglesia Cristiana Nueva Vida Agenda Item 8 Page 7 Disclosure Statement Q9 Q7 Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership,."firm, business, or other unincorporated organization. JOCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.I (A) List the Applicant's name:l. j,r QST 1I1Atflpc VlPfr' 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) II-MA? &Ii_ cori7o Mekitc,sr ex' 11" - (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) mA VIVA- (s t4120 14-v MIT. i' Kef-+ [o(44 V A� p L4A1 �To NDN L i-F - "9-o4(P c>s 7 Ci► . See next page for Information pertaining to footnotes1 and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is deferent from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. p. 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:_04h1 If an LLC, list the member's M14461t4 M names: Page 2 of 7 Iglesia Cristiana Nueva Vida Agenda Item 8 Page 8 Disclosure Statement _ „NB • Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc.below: (Attach list if necessary) NIIV (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 0 140 '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 Prooerty. 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 Iglesia Cristiana Nueva Vida Agenda Item 8 Page 9 Disclosure Statement le_ APPLICANT Virginia Beach YES NO SERVICE PROVIDER tine additional sheets if needed) vi 0 Accounting and/or preparer of0.`30'�2ji1Gf}�W your tax return 11 P ❑ Architect/Landscape Architect/ �IJb Land Planner ElContract Purchaser Of other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 Construction Contractors DEngineers/Surveyors/Agents Financing(include current ,.r 4 PgOV-- 0 El mortgage holders and lenders �{ selected or being considered to provide financing for acquisition or construction of the property) 0 g Legal Services Real Estate Brokers/ ITAVO 61V 44 1'24 D Agents/Realtors for current and �� anticipated future sales of the subject property ♦ 1 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El 01 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 Iglesia Cristiana Nueva Vida Agenda Item 8 Page 10 • 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 Applic.tion. APPLICA 0,//‘ C 'S SIGNATURE PRINT NAME DATE euvue..L C:... ft4ruee, Cos d a l24 /¢•ec [edgy d 01 /tilv/,‘' ,126, 17 to Page 5 of 7 Disclosure Statement VB OWNER Puginia Beach • YES NO SERVICE PROVIDER(use addltloni�sheets if needed) gEl Accounting and/or preparer of M� lel your tax return M ptiV�ON Ecl U Architect/Landscape Architect/ O.r�s Land Planner ❑ Contract Purchaser(if other than lig the Aaolicant)-identify purchaser and purchaser's service providers Any other pending or proposed CEI purchaser of the subject property (identify purchaser(s)and purchaser's service providers) El 16Construction Contractors Engineers/Surveyors/Agents Financing(include current p T El mortgage holders and lenders • selected or being considered to provide financing for acquisition or construction of the property) ElVI. Legal Services Real Estate Brokers/ k1. 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 E 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 Iglesia Cristiana Nueva Vida Agenda Item 8 Page 12 Disclosure Statement vagina 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. �/ � X06 PERTY OWNER'S SIGNATURE P INT N NAME D DA Page 7 of 7 Iglesia Cristiana Nueva Vida Agenda Item 8 Page 13 .,.., , ,.,,.,,,:t., ' r ` ,�z CITY OF VIRGINIA BEACH °r a INTER-OFFICE CORRESPONDENCE 07, pe ,q . 4.,,,,,, ,,;-„:..9,,,,,,,, s OF ' -'\-0N s _.'OUR rNpT In Reply Refer To Our File No. DF-9591 DATE: June 27, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsor DEPT: City Attorney RE: Conditional Zoning Application; 118 Associates, LLC — Modification to Existing Land Use Plan The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 12, 2016. I have reviewed the subject proffer agreement, dated May 18, 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: Nancy Bloom THIS AGREEMENT, made as of this i` day of May, 2016, by and between 118 ASSOCIATES, LLC, a Virginia limited liability company, (hereinafter referred to as "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH : WHEREAS, the Grantor desires to amend the existing Land Use Plan for Indian Lakes from the current conditional use designation of"day care only"to also include a designation for "religious use", for 1100 Indian Lakes Boulevard, Virginia Beach, VA 23464, which is more particularly described on the attached "Exhibit A", (hereinafter"the Property"); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's Land Use Plan application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Land Use Plan, GPIN: 1466-80-9439 Prepared by: P. Austen Lake, Esq. (VSB# 82321) Jones, Walker& Lake, P.C. 128 S. Lynnhaven Road Virginia Beach, VA 23452 in addition to the regulations provided for in the existing PD-H1 zoning district by the existing Comprehensive Zoning Ordinance, the following reasonable conditions relating to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval,hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding following the approval of Grantor's rezoning Petition by grantee upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Land Use Plan for Indian Lakes Planned Unit Development shall be amended to also allow religious uses on the Property. Such religious uses shall include a church, sanctuary, and classrooms. Accessory uses to the religious use shall include preaching and classroom teaching, a food pantry, counseling, children's ministries and outreach, daycare, and general outreach to the local Hispanic community. 2. Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and the administration of applicable City Codes by all applicable City 2 agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1)the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including(i)the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shown 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 the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] 3 IN WITNESS WHEREOF, the foregoing Agreement is executed as of the date first written above. GRANTOR: 118 ASSOCIATES, LLC, A Virginia limited liability company 'y: ,.7- )7,' lW"Y`i Print Name:Jc.-- AI g t Lc>F>efe ---Z;1-1 COMMONWEALTH OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this I O qday of May, 2016 by_ -To t rr. C . Lo , in his/her capacity as OW n e-A" on behalf of 118 Associates, LLC, a Virginia limited liability company. ffnift''' -‘ '-' rie • /• Notary Pu, is My commission expires: 0 lac 100 i 9 4`,--i''''\ CHRISTOPHER M NEAL _ti..;_ NOTARY PUBLIC 7658119 �I'I' ''' COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30,2019 4 EXHIBIT A ALL THAT certain lot, piece or parcel of land, together with any improvements thereon and all appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, designated and described as Parcel "A", on that certain plat entitled, "Subdivision of Property for Urban Associates—Three, Kempsville Borough, Virginia Beach, Virginia", signed by J. R. Saunders, III, C.L.S., on April 29, 1980, prepared by Talbot& Associates, Ltd., Engineers-Architects-Planners-Surveyors, Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 140 at page 36. IT BEING the same property conveyed to the grantor herein by deed of John D. Stevens, dated December 27, 2006, and recorded in the aforesaid Clerk's Office in Instrument number 20061229001929870. 5 Item#8 Inglesia Cristiana Nueva Vida Conditional Use Permit 1100 Indian Lakes Boulevard District 2 Kempsville June 8, 2016 CONSENT An application of Inglesia Cristiana Nueva Vida for a Modification to the Land Use Plan and a Conditional Use Permit(Religious Use and Child Care Center)on property located at 1100 Indian Lakes Boulevard, District 2, Kempsville. GPIN: 1466-80-9439-0000. PROFFER 1. The Land Use Plan for Indian Lakes Planned Unit Development shall be amended to also allow religious uses on the Property. Such religious uses shall include a church, sanctuary, and classrooms. Accessory uses to the religious use shall include preaching and classroom teaching, a food pantry, counseling,children's ministry and outreach,daycare,and general outreach to the Hispanic community. CONDITONS 1. A Certificate of Occupancy shall be obtained by the Building Official's Office prior to occupancy of the building by the church. 2. The number of occupants shall be established by the Building Official's Office. 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. John G. Loper appeared before the Commission on behalf of the applicant. t : \A-------L---.7_ -- - \--------\ / ''--'. / ) ,,,,, ,,, . _, \,...,\".. L -------\ \L i Ir -J 1--.'i ? 1-:'---..-' _. IC 4:-,'i 0 ' fiti ---v.----7—\ it-------,_ t ` \ S? _r�_ .j 'S _ \ ._.1_ i -, 1 I - \....... \\_ \: ... ----\------ c - .1._ 0 / 0....„e,„, .„------, 4 ----' L i \ \ i. y ��� �T /& j7, ,i; !;.: / ---_,,.. ,...,---\ - t �� / 4_,..../ y l r Ss J NI 0 Imo'" 1f l ,......./ L____f-----j ' C.-_,......) V° i IIIIIIr -4-' � X Q OEN .,.... / ;l rt S5J 0/ - ''','' .,_.,..., T___? _ .. .,„,,,da . it__ _,. --S-1401.....,-- . } I ,- �. ;:. „T. 0 0 „, B I\ / r r�CSN '-�.' fry CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ACELA AGUERREBERE [Applicant & Property Owner] Conditional Use Permit Home Occupation — Family Day-Care Home (GPIN 1475003257). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: July 12, 2016 • Background: The applicant requests a Conditional Use Permit to operate a Family Day-Care Home for eight children and one assistant out of her single-family dwelling. Proposed hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The size of the driveway allows up to four parked vehicles and the applicant has proposed a staggered drop-off/pickup schedule to reduce the possibility of traffic congestion in the cul-de-sac. The request is consistent with the Comprehensive Plan and is an appropriate use within a residential neighborhood. Two conditions (conditions 9 & 10) were added by the Planning Commission to address the appearance of the property and to ensure neighborhood compatibility with the applicant's operation. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. Opposition was present at the public hearing and expressed concerns about traffic. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0 subject to 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 eight (8) 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. Acela Aguerrebere Page 2 of 2 5. There shall be no signs anywhere on the property advertising the family home day-care. 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. 7. Parking for customers and future employees shall be met on the site and not on the public street. 8. All barrier requirements established by the Virginia Administrative Code and Virginia Department of Social Services pertaining to the pool shall be met. 9. No play equipment and toys associated with the family day-care home shall be stored in the front yard overnight. 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. Submitting De: - m- • •ency: Planning Departme ;i r► City Manager: Applicant & Property Owner Acela Aguerrebere Agenda Item Public Hearing June 8, 2016 City Council Election District Centerville 3 ,„„01 Virginia Beach Request Conditional Use Permit(Home Occupation- Family Day-Care Home) M'""°"�°� �* 1 i It.„ Eddystone DIM 9.1 3 Staff Planner r i Jimmy McNamara �0.a#6 *s t 4"° Location 000K" 1425 Glenwood Links Lane Gia ,ow°` GPIN i 1475003257 1 �s,,�:+°id Site Size ,rA.4.. r we Gals""" 10,000 square feet AICUZ V I "s Less than 65 dB DNL st 0„',,0`"°' Existing Land Use and Zoning District Single-family dwelling/R-10 Residential Surrounding Land Uses and Zoning Districts North ' ` Glenwood Links Lane a, - t. y Single-family dwelling/R-10 Residential 0 41 't'� ii South 0 . F Wooded Lot/R-10 Residential ` o����`�` . ir T, , East V- I've*�N j`''' Single-family dwelling/R-10 Residential r h f West 7 .�t" • Single-family dwelling/R-10 Residential I � c te,v '.4",44 :} t Ale* 'I v`si Acela Aguerrebere Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Day-Care Home for up to eight children and one assistant from her single-family home. • 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 an in-ground pool located in the rear yard. Children will not be permitted within the rear yard. • Ample space to play outside is available in the front yard. Outdoor play equipment will be provided during playtime. • The size of the driveway allows up to four parked vehicles. On-street parking is also available in front of the home. • The applicant has submitted a proposed staggered drop-off/pickup schedule: Drop-off Time Pick-up Time Child 1 7:15 a.m. 5:00 p.m. Child 2 6:30 a.m. 4:00 p.m. Child 3 6:30 a.m. 4:00 p.m. Child 4 8:00 a.m. 6:00 p.m. Child 5 8:20 a.m. 4:30 p.m. 2 , Zoning History 04P, , - 4074'4,94, , r_ : '., 4110-:;: r---- -',6 - -,:g -n:-:,,,i', . ', !" 1 MOD(Family Day-care Home)Approved 05/14/2013 ,, CUP(Family Day-care Home)Approved 08/10/2004 RAO , -%.,, ,,, ''' ,_,--- 2t-- '- � �_..� *� � ���� Baa° �a x��§' ,f �+ T� '��a" ,. ,b . ... . _ € > r � fru �:s' �,.+ '�_ _ �., �.,�xS� .,, 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 Acela Aguerrebere Agenda Item 3 Page 2 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) 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 Glenwood Links Lane No data available Existing Land Use Z-10 ADT Proposed Land Use 3-36 ADT 'Average Daily Trips 'as defined by a single- Sas defined by family day-care(8 °LOS=Level of Service family dwelling children) Public Utility Impacts Water and Sewer The site currently connects to City water and 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 residential land uses. As such,Staff recommends approval of this request with the following conditions. Acela Aguerrebere Agenda Item 3 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 eight(8)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. There shall be no signs anywhere on the property advertising the family home day-care. 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. 7. Parking for customers and future employees shall be met on the site and not on the public street. 8. All barrier requirements established by the Virginia Administrative Code and Virginia Department of Social Services pertaining to the pool shall be met. 9. No play equipment and toys associated with the family day-care home shall be stored in the front yard overnight. 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. 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. Acela Aguerrebere Agenda Item 3 Page 4 Site Layout . _ .. . OPEN SPACE (17121SERVATION ARF NOT TO F3F DISTURFWD) F__ 10'PRIVATE DRAINAGE EASEMENT (t.... 1 1 I 1---- MA -9cPiAicH w.(?f•J S 70'-09 -46"WI OPOP INI f/ T 1 I i . I i 1 I i 1 i I I 1 I LOT 43 . 1 1 ! ' 1 ! z 1 I 1 Lu I U.1 (f) a 1 t i 1 I w 7 I i on 57 rl- 6 2" ic.-, L i 1 - I t• ., I W z-I- if, ". ..stb....b n A .,7 RIISIi4 in Z.-J I uj LOT 44 LOT 4 2 <— . 6 Er ' 0 . s.., Two STORY FRAME ("r• w r , , 't( a cv 21 0 I Z 1 to rr) IA 7 D 1 NI I 1 W Al K I S I I AI 1 b) 9'. I i II 1*---f----1--- i I I I, 41' I I I I I 0\°, I 1 on 00.I I fl Y: 1 ‘.............«............., •••• ----- 479 18' TO ""` S 70° 09' - 46"W GRAVENHURST DRIVE GLENWOOD LINKS (50'i LANE Acela Aguerrebere Agenda Item 3 Page 5 Site Photos — . . ,. i,-:;: ki4,. ,..; r. - ..-.:.-7., • si '-. .-.., -• 40 ". i'''_''. jj,ji,'.'. ' :i4; '„ - • - , . -# . ' : .—...'''' •• . ... ‘i:tv,i'-'!,;''' ' ''.k. . ..:' .. . 0. • li -..... • • '.-. . , , . . ,.... . . , 0. -. • , ,, .44. '-',..' ,a., - „ . • • i , :,,f... , .-,,...••4..,...,i•,-.1 .:.•...,-.`,.'." • ..Tiy::' ',,,• ;Y.-vt ;•L'4•.•• ..„i :4...-: ,.. . .., . ,-- (.ki '''' -...:::'i '' 1;.;':::::''.. ''.'!!.*. •-•• %., ';.o; • . . . ... . I , , 7 ) , - - 'A'''. ' .,-"a 4,.'.-4•-.10,, . ' - . --:, - : . i . '• , , , . „,7-^' •,''-',•„, ,,,,,-*„ , tt-lt,...,-..,1.1*-:"1-,4.? . I I .1 ', . • 1 , i - -, '• 1 1 ! - , ../.• -- .4--:- '..'_.- - _:-'-',.--'' .;.:--;;;;'r - 1 1 , , i , .• __... : , , _,,._ 1...._,004...- --- i 1 i 1 1 i ,:.;_!.., -.,. ---'; -. . -•. .;'. —' i..7--.... •,:,..y • ,!!,-,, r , .. ..,'"'" . ,...,111111110."--..,,. , „...,,,ii -,k;•-• 1 ' 141 '..' . -.?:44•'',,;41::;:.#4,;...",'„ ,.....;2:',,,f'`7J7,';F,•-•' _ •- :':•';,, , •..:.-. ._ .. Ace la Aguerrebere Agenda Item 3 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAMEg'e14 4.1zert .' 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 Exce.tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. .eals Certificate of Floodplain Variance Appropriateness -_ Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Bo. Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE fOR(I1Y Of OM Y/i II disc;n. << 1'1:. updau 'i rY ; , Page 1 of 7 .:nt,I n t,-ruu; t},i t.. •s t t w•1;;, --- 0 AlithANC NO111Ifl7OF KtAR(N(, r, f ..� --------- r� 10(f1.kr,'(fSK50( (J7�11�.- � I I _ Acela Aguerrebere Agenda Item 3 Page 7 Disclosure Statement �ws 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) (A) List the Applicant's name: i ` Ce. iY A Y N Ire-L 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 ' 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 vroperty owner is different from Annlicant. Check here if the PROPERTY OWNER IS NQTa 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: .'f `4'� Wlea `o.4 If an LLC, list the member's names: Page 2 of 7 Acela Aguerrebere Agenda Item 3 Page 8 Disclosure Statement «a 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 § 2.23101 ♦ • 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 Acela Aguerrebere Agenda Item 3 Page 9 Disclosure Statement 4ww APPLICANT Virginia Beach SERVICE PROVIDER(use additional sheets if YES NO i l I needed) _ Do Accounting and/or preparer of your tax return /57- / /5 - 23,41 ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n RI the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed O lbi purchaser of the subject property L11 (identify purchaser(s)and purchaser's service providers) O ® Construction Contractors • ® Engineers/Surveyors/Agents John E.Sirine and Associates, LTD. Financing(include current �j]e-: mortgage holders and lenders• ❑ ��selected or being considered to /-86.0 g22 - 56 26, provide financing for acquisition or construction of the property) ❑ 12 Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject •ro•ert vomommoorwrors-, 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? J225c ,Wfia`/ '. f' // - Page 4 of 7 Acela Aguerrebere Agenda Item 3 Page 10 Disclosure Statement twr 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 AW/47 A9Uerreicre 3/isJilc. PLICANT'S SI:N.,RE PRINT NAME DATE Page 5 of 7 Aceta Aguerrebere Agenda Item 3 Page 11 Item#3 Acela Aguerrebere Conditional Use Permit 1425 Glenwood Links Lane District 1 Centerville June 8, 2016 REGULAR Jeff Hodgson: We will address the remaining items on our agenda. But before we begin, it looks like we may have a number of speakers today, so I would ask that you please adhere to the 3-minute time limit. When you see the yellow light start to flash,that means that you need to kind of wrap up your comments,and when the red light comes on,that means the end of your three minutes. So, I appreciate everyone working with us on that.Jan,would you please call the first item? Jan Rucinski: The first item is agenda item 3,Acela Aguerrebere. An application for a Conditional Use Permit for Family Home Day Care on property located at 1425 Glenwood Links Lane, District 1, Centerville. Can you please state your name for the record? Acela Aguerrebere: My name is Acela Aguerrebere. Ed Weeden: Please speak closer to the microphone. Acela Aguerrebere: My name is Acela Aguerrebere. Ed Weeden: Thank you. Jan Rucinski: Can you explain a little bit about your application and what you're looking for? Acela Aguerrebere: I'm looking to get a license with the Department of Social Services and zoning. I've been doing daycare for 25 years. I've been living in my house for 14 years, and I've been doing daycare in my house for 14 years. Jan Rucinski: Okay. Jeff Hodgson:Are there any question for Ms.Aguerrebere? Thank you ma'am. Jan Rucinski: We have one speaker in opposition and that is Stephen Clifford. Can you please state your name for the record? Stephen Clifford: Good afternoon. My name is Stephen Clifford and I reside at 1433 Glenwood Links Lane, and I respectfully ask that the Commission disapprove this application due to traffic and parking issues. First of all,the increased traffic. We have 19 homes on our street,and there is a daycare already at 1432 Glenwood Links Lane. If we approve this application,that would be 20 total on the street. That is going to double the traffic. Most people don't want traffic doubled on their street. Also, I had a member of our homeowners association say that about three years ago, some of the daycare members Item#3 Acela Aguerrebere Page 2 were passing school buses when their lights were flashing and they were stopped. They had the police come in and they checked us out, and it did stop for a while but they told me it is happening again. So, that is the traffic issues. Parking problems? I handed out some pictures. Did you guys get the pictures? Okay. I live at the end of cul-de-sac and the customers routinely park straight out from a cul-de-sac, which is illegal parking. They also block mailboxes,which causes the mailman to have to stop his truck and get out. They double park down there. The police have been called out for a few people blocking driveways. Now the application states that they have a staggered drop-off and pick-up times. They list five different times but two of them are exactly the same, so it is not all staggered. The application says that parking will be on site and not on the public road. But currently they park on the street every day. Zoning has been called in to monitor the traffic on the street, and they did that. They said it is a narrow street. I don't think they really got a good picture of that because I am assuming that the zoning people probably work 8-5 or 9-5 but that is outside the times that most people drop their kids off or pick them up, because they drop them off before 8:00 in the morning, and usually 5:00 later in the afternoon. You have a good picture of what really happens there. Since these problem have been ongoing,they have not changed after police and zoning intervention, I don't expect things are going to get any better. It will get worse with more traffic. The bottom line is really,that if the customers followed all the rules, and they parked correctly, if they dropped their kids off and picked them up at staggered times, I probably wouldn't even be here today. Although it looks good on paper, it doesn't happen that way in the real world. Thank you. Jeff Hodgson:Are there any questions for Mr.Clifford? Dee Oliver: I have one. Jeff Hodgson: Ms. Oliver. Dee Oliver: Can you show me where you live with the pointer right there?And where the other daycare house is? Right on the podium Stephen Clifford: Okay. I live right here.And there is a daycare here. And this is the other one. Most of the problems happen right in here. Dee Oliver: Okay. Thank you. Jeff Hodgson: Is there anybody else have any question for Mr. Clifford? Thank you sir. Jan Rucinski: Our next speaker in opposition is Jason Becker. Jason Becker: Good afternoon Commissioners. Jan Rucinski: Would you please state your name for the record. Jason Becker:Jason Becker from the Homeowner report Team 36 Glenwood Links Lane,three houses down from the daycare provider in question here. And I am opposing this Conditional Use Permit. Let me start by saying thank you to the Commission for letting us speak on this important subject and Mr. McNamara for putting together the packages. There is a lot of information involved here. My take is Item#3 Acela Aguerrebere Page 3 this individual request will pose a medium level burden on the houses in the area as indicated by Traffic Impact Statement. And increase of 10 daily trips up to 36 daily trips. But this increase is actually in addition,to another,April 2013 Conditional Use Permit,that was provided for at 1432 Glenwood Links Lane that was previously pointed out. It increased the child limit to 12. So,the daily trips impact is not listed on that package,which I have here from 2013,they didn't go into detail that Mr. McNamara has now, 12 children is a significant burden for traffic and parking in the area. At least one police report has been filed for a disturbance due to parking issues in that cul-de-sac. I'm the house at the very end next to Mr. Clifford. After traffic, parking is a significant issue. The background summary states that there are four driveways parking spots, as well as free parking. Again,the recommended condition correctly indicates there shall be no street parking for customers or employees. The daycare provider plus one employ would use two of those spots, limiting available parking. There is already an active daycare serving at least eight children, with at least one employee and has been for at least the last few years. Parking has been an in issue in the past involving disturbances with the neighbor across the street resulting in police involvement. This continued tit for tat with neighbors doing burnouts in the cul-de- sac,just to try and show the displeasure,and then puts that the daycare provider's son is a firefighter, and the a fire truck came in the cul-de-sac, and started blaring its sirens and mics everything for the wild tit for tat, on their displeasure. It was embarrassing. It was a disturbance, and it is kind of causing a problem, and it all stems from parking from the daycare. It is a small cul-de-sac that can't that really support this much traffic. There are no sidewalks down either side of the street either. I'm not sure that is illustrated in any of the photographs. But there are a lot of small children,including my two teenagers and two toddlers in my home, if you're going to go for a walk in the evenings, it presents a challenge. It is not just an increase in traffic and parking, other than the reaction of customers then they are asked not to block the driveway or a mailbox. They are extremely rude and sometimes angry for daycare providers. Instead of being apologetic for the burden and inconvenience that they are for their neighbors,they feel that their business is being impacted and their business is being affected. I took a snapshot of the pickup times in the afternoon showing the number of children and the times they are coming and where they are parking. There was one out of five cars that parked in the driveway.The rest were all parked in the street. One was parked illegally,facing the wrong direction on the wrong side of the street there. A number of times, I also have photographs showing from my house the traffic provided by the daycare on the left. It is a quick snapshot as well as all of the pickups from yesterday afternoon. Jeff Hodgson: You can pass them around. Jason Becker: Thank you Commissioners. So the first group of photographs,the smaller group there is predominately traffic from the daycare on the left of my house. Again,they have a 12 child limit. I just took a few photographs that show some of the violations where they park in front of the mailbox. There is a mailman that had to pull in my driveway to deliver mail. There is additional parking from the driveway.You can't back out. My neighbor was unable to back out for her medical appointment one- day, and had to cancel that appointment. This has been a recurring issue. And then the second and the larger photo,was just the pickups from purely yesterday afternoon. I had those developed at Walgreens today, and just showing the pickup,the people they pick up their children and they drive around the cul- de-sac because they are not pulling into the driveway. So, it is additional traffic through that cul-de-sac as well. Item#3 Acela Aguerrebere Page 4 Jeff Hodgson: Are there any question for Mr. Becker? Karen Kwasny: I have a question. Jeff Hodgson: Karen. Karen Kwasny: One photograph,there is parking going on in the center of the cul-de-sac? Jason Becker: Yes. Karen Kwasny: They are parked? Jason Becker:That is a typical parking configuration. Illegal as it is, it is some routine from houses in that general vicinity for parties,overflow from daycare,etc. They will park in the middle of the cul-de-sac. Jeff Hodgson: Mr. Horsley. Donald Horsley: So,you got just as much complaint about the one that is already there as you do about this one? Jason Becker: I've been in the house since 2010. They had a hearing 2013 sir,and I was up against them about showing up. I wanted to keep the peace. I certainly have no animosity towards the applicant today as well. But the burden is too much and I have two additional toddlers now,and it is just too much in the area sir. I don't want to go back again on the previous daycare center. We are at our limit. How many daycares are too many on this narrow street with no sidewalks is kind of my thought? Donald Horsley: Evidently,one is too many according to the way these people park. They need a lesson in parking it sounds like to me. Jason Becker: Unfortunately, when we try to confront him,there is some hostilities that, and I try to avoid it,and keep the peace, and I'll make a police report if it continues to happen. I haven't done so in quite some time but it is to the point now where I'm going to have to start making complaints, I think. Jeff Hodgson: Mr. Redmond. Dave Redmond: Let me explore there with you a little bit.What police reports? You've mentioned an incidence that led to a police report,which is a little pregnant with expectations.Can you give us some detail on it? Jason Becker: Yes sir. There was a parking violation where my driveway was blocked. Dave Redmond:What violation? What was the parking violation? Jason Becker: There was a car parked blocking my driveway. It was a customer who illegally parked because they were required to park in the driveway on the premises and not on the street, and of course,the City Code,they were not, and they were also blocking my driveway. My 16 year old Item#3 Acela Aguerrebere Page 5 daughter at the time had to walk through the grass. I asked them to move their car please, and the woman was extremely rude, hostile. She said she will get to it. It is just very confrontational. At that point, my wife came out and they exchanged words. Tempers were heated.The police were called and a police report was made sir. That was for the police report for the particular daycare, and the daycare in question also had a parking incident where police were called. Dave Redmond: So you called the police that someone was blocking your driveway? Jason Becker: I did not sir. I believe it was the heated argument, and the daycare provider may have called the police at that time sir. Dave Redmond:The daycare provider called the police? Jason Becker: I believer so, but I can't say for certain. I did not. David Redmond: Okay. Thank you. Jeff Hodgson: Mr.Weiner. David Weiner: The picture of the cars parked in the cul-de-sac in the middle,that doesn't look like those cars are going to the existing daycare, not the one from the application in front of us. Jason Becker: No sir. It is from my house in the rear of the cul-de-sac looking down the street,so that parking in the rear, it could be either one. I am not particularly sure but it is in the middle of between both. David Weiner: That is obviously more than the daycare. Jason Becker: No sir. It is right there, park right in the middle of that cul-de-sac. Jeff Hodgson: Are there any other questions of Mr. Becker? Jack Wall: I do. Jeff Hodgson: Mr.Wall. Jack Wall: How long would you say those cars are actually there because it is a pick-up,drop-off? Jason Becker: Again, it was a quick snapshot. I only did was try to collect a little bit of data that provides something for this,frequently untraveled, but we have an 1803 pick-up, so it was after 1800 the proposed hours to begin with but 1803,the gold GMC arrived and departed at 1813, approximately 11 minutes, which two kids,one in a car seat and one not. So, roughly 12 minutes but that can go anywhere from 20-30 minutes depending on how much discussion when you first pick up before 12 . They were already there standing in the street. There are pictures of children standing in the street with mothers. They were there for at least a good 20-25 minutes. I didn't catch their arrival time. Item#3 Aceta Aguerrebere Page 6 Jack Wall: Thank you sir. Jeff Hodgson: Mr.Thornton. Bob Thornton: These pictures that you are showing us related to this lady's daycare? Jason Becker: Yes sir. Bob Thornton: Not the other ones that are open on that street? Jason Becker:The larger group of and second group of photos there is all the arrivals and pickups per daycare. Bob Thornton: Of this application? Jason Becker: I believe so sir. Bob Thornton: How do the other daycare centers in that cul-de-sac deal with their traffic? Jason Becker: Not well sir. Bob Thornton: Not well. So, it really is a problem in the cul-de-sac with the daycare centers? Jason Becker: Both of them. Yes sir. Bob Thornton: I don't'want to use that word universal but it is creating a traffic issue. Jason Becker:Yes sir. Bob Thornton: All of them. Jason Becker:Yes sir. Jeff Hodgson: Is there anybody else? Thank you sir. Jan Rucinski: Ms.Aguerrebere,would you like to come forward and have a rebuttal comment? Acela Aguerrebere: Yes. As they didn't say anything that was true but I don't know the name of both of them. They are not neighboring because they did not come to my house and knock at my door and say how many kids are you going to be babysitting? I am only going to babysit 5 kids,two more in my daycare. Okay.They don't have any issues when the other lady that is doing daycare. I am friends with her. Okay.The issue with the police he was talking about, his wife hit one of my friends of the parent. That is what he was talking about. I am not coming here to throw dirt or anything like that, but it is not fair. The only issue they had was my friend to throw on top of them. I only ask permission for eight kids, but three of those kids are my grandkids. That one day they live me and the next they sleep at their father's house. Okay. Only five kids,why didn't they come and knock on my door and say, listen Item #3 Acela Aguerrebere Page 7 how many kids are you going to do day care for? They never did. They never showed up. They just show up in here. I am kind of upset they are putting my friend with the 12 kids he is talking about that they throw on top of me. My thing is like you said they go in front of my house and pick-up the kids in front of my house. They don't go in front of my friend that she does daycare because it is long walk for the little kids. The oldest kid that I have is 3 years old. You think if you have where they live by, and go to my house and pick up the kids, I have to take the stairs. I would get my blame for it would be true. But if it is not true,then don't them on top of me. That is the only thing that I have to say. Jeff Hodgson: Ms. Oliver. Dee Oliver: How many children do you have in your daycare now? Acela Aguerrebere: Five. Dee Oliver: So, you are operational now? Acela Aguerrebere: Yes. I have been doing daycare for about 15 years, right there at the house. Dee Oliver: And you now you want to have eight children? Is that correct? Acela Aguerrebere: No. The only reason why I am doing this is because Social Service changed from 4 children, and you can't have your grand kids with you. Then I ask for eight to stay with my grandkids. Not because I want to bring someone else to my house, I just want to be with my grandkids. Kevin Kemp: I can provide a little more clarity on this. Family Daycare Home by-right,you used to be able to have five children, not to exceed seven but that recently changed to four children, so because of that, she has to get relicensed to Social Services, she needs a Use permit for that additional child. Acela Aguerrebere: That is the only reason. I'm not doing for 12 kids. It's the same consistent kids, and they go home. I'm not doing any issues. They have a lot of issues with my friend. They do. Because it is hard to say this, but she is kind of crazy but that is the issues we have in the neighborhood. Lovely neighbors when they move in. Jeff Hodgson: Are there any more questions? I just want to make srue that I understand. So,there was no Conditional Use Permit needed until child services changed their policy. Acela Aguerrebere: July 1St,Social Services is going to change from 4 children and I can't stay with my grandkids. That is the only thing why I am doing all of this. Not because of nothing else. Kevin Kemp: Right. Correct. Five children used to be permitted by right now it is four. Jeff Hodgson: Mr. Ripley. Ronald Ripley: But the relatives counts? Item#3 Acela Aguerrebere Page 8 Acela Aguerrebere: No. They count. Ronald Ripley: Wait a minute. I'm asking. Kevin Kemp: They count to some sense.The ordinance says that you can't have more than four children by right that aren't related and no more than seven total, so that would allow you to have 3 relatives that you care for. Acela Aguerrebere: That is the only reasons why I'm doing it. I'm not doing it to have 12 kids or nothing like that, but I'm kind of upset that they didn't come to my door and knock and say how many kids are you going to look for daycare, because I should tell them. Jeff Hodgson: Ms. Oliver. Dee Oliver: And do to the fact that you have a pool in the back yard,correct? Acela Aguerrebere: Yes. Dee Oliver: So, now these eight children will be in the front yard. Acela Aguerrebere: Well, my oldest grandkid, he is going to be nine. He goes to school all day long. But the kids play in the front of the house. I move the toys back and I put them back in the pool in the backyard because Social Services told me that I can't even use the pool it is a really big pool. I got a private lock on my door that only adults can catch it. If they get on top of the chair or something,they can't open my door at all. Dee Oliver: Tell me again,you have five children there right now. Acela Aguerrebere: I have five children. Dee Oliver: And we want to go to eight.So,you are going to have eight children in the front. Acela Aguerrebere: To be involved with my grandkids,that is family members. Dee Oliver:Thank you. Acela Aguerrebere: And they will play there. They play there with all the neighbor's kids.And like the Thursday, that he had called the wife and the police,one of his teenage daughters.She don't live there. Dee Oliver:Thank you. Aceta Aguerrebere: You're welcome. Jeff Hodgson: Is there anyone else? Item#3 Acela Aguerrebere Page 9 Dave Redmond: I'm sorry and don't go away yet. I have one question and I apologize. I know I'm hung up on this, and I apologize.The police were called,was that confrontation with one of your customers. Acela Aguerrebere: No. David Redmond: Okay. Acela Aguerrebere: My other friend that does daycare. Never with my parents. David Redmond:Thank you. Acela Aguerrebere: You're welcome. Any questions? Jeff Hodgson: Is there anybody else? Thank you ma'am. You may be seated. Acela Aguerrebere: Thank you. Jeff Hodgson: Are there any other speakers? Jan Rucinski: There are no other speakers on this application. Jeff Hodgson:We will close the public hearing and open it up for discussion amongst the Commission. Would anybody like to start? Jan Rucinski: I guess I will. I guess it is my district. Jeff Hodgson: Ms. Rucinski. Jan Rucinski: I am sort of perplexed on this. I have a concern because there is already a daycare there. But then I see that she has been operating, so one of these daycares are sort of conflicting for the same space in that small cul-de-sac. And I feel for the neighbors and I feel for the traffic issue. And I'm not sure that we need to put all of that burden on her since it is not all coming from her. And if she had one less child there,she would be able to do this without having a Conditional Use Permit. If I am understanding a couple of things. So with that being said, I'm not sure that she should be punished or the jeopardy should be all on her because of that situation. Jeff Hodgson: Mr. Redmond. David Redmond: I agree. It's a little disconcerting about the whole police case. It had to do with quite frankly,with another residence and another operation. This is a need throughout, not just the city, but throughout the planet. That is in high demand. We are going to keep having babies and folks have to go to work and they have to have places to put them. And, like a dozen years ago,and my daughter was in a facility like this, I didn't know anybody who hung around the street for a long period of time chit- chatting. They had to work. That is what they did. They dropped off their kids and they got out of here, and the idea that an extra five cars on the block, I don't' know. It is a small cul-de-sac. It's a cul-de-sac is necessarily a great burden. I just don't see that. I don't know how I can see it. I don't know how to sort out whose cars versus with cars.They are public streets. You are allowed to park in a public street. Item#3 Acela Aguerrebere Page 10 People park in front of my house on a public street. I have no doubt that there are people who are discourteous in the way they to it at times. That is the way human beings are sometimes. They can be discourteous,which is why Ms.Aguerrebere, I hope I got that close. I think it is incumbent to find you and your neighbors too, although she is not here, I think it is incumbent of you to make sure that you are very clear with your customers when they come to your house, how and where they are supposed to park, and encourage them to get in, pick up your child, and go home. Acela Aguerrebere: Sir, I don't have. Jeff Hodgson: Ma'am. David Redmond: That is just my point. Anyway, I think these uses are important. They belong in our society. We need them. How we manage them is never very easy. But this seems to me more about the neighbor than it does about this application. And like Jan, I am not willing to punish an applicant for somebody else's transgressions and providing you do your job and managing that, I think they ought to co-exist as much. Jeff Hodgson: Mr. Inman Mike Inman: I agree a lot with both speakers have said so far but on the other hand, I really do believe that this is too much congestion on one place. I am not saying how I am voting yet but maybe we can put, like we have in the past,we put a time limit on the Use Permit. I would also like a little refresher from the Staff about,okay,what about the existing use permit.What kind of monitoring can be done too. It is a Conditional Use Permit and the conditions are the conditions.Are the conditions being met by the current licensee of the other party on the street, and it is just unfortunate that this is concentrated on this cul-de-sac, but it is apparently creating some problem for a couple of neighbors at least. So, I would say that if we were inclined to approve this one with a time limit to review in one year. That is a motion. Bob Thornton: Karen's got a point. Karen Lasley: Let me address the permit. What we are doing as far as keeping that under control,okay. We got. And thank you for your kind words. We've gotten the word from the neighbors that there are problems and occasionally. The zoning inspector has been out there. I think he has been going early in the morning and the afternoon, but we will make sure that he is out there at the prime time. He has talked to the applicant. The condition that was attached to that other Use permit that the drop off and pickup shall be staggered and our zoning inspectors were having a little bit of trouble dealing with the word staggered.What does that exactly mean? So,in the future,we will try to clarify that condition a little. I think this one the Condition clarifies that it just says parking for customers employees all have to be met on the site. None in the street. So, I think that will help and Kevin and I will make sure the zoning inspector is out there at the heavy times for at least a while to try and keep that under control. Okay. Jeff Hodgson: Can you come back next month? Karen Lasley: No, but Kevin will. Item #3 Acela Aguerrebere Page 11 Jeff Hodgson: Is there anyone else? Mr. Inman. Mike Inman: I make a motion that we approve the application subject to an additional condition that it be reviewed in one year for compliance with an administrative review. Ronald Ripley: I'll second it. Jeff Hodgson: A motion made by Commissioner Inman with a change of additional condition and seconded by Commissioner Ron Ripley. Jan Rucinski: Before we vote, I need to get a clarification that the applicant has seen the last condition that was made since the informal that no play equipment being left out in the front yard. Jeff Hodgson:There is a number 8. Jan Rucinski: A ninth condition was put this morning after our informal session about now play equipment or toys associated with the daycare should be store in the front yard overnight. Acela Aguerrebere: Yes,we do have a homeowners'association and I have to put them in the back of my house. I will not leave anything in the front my house. Jan Rucinski: So you were are aware that condition was added. Acela Aguerrebere: Yes. Jeff Hodgson: Thank you ma'am. 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 By a vote of 11-0,the Commission approved the application of Acela Aguerrebere Lane for approval with the review of an administrative approval after one year. ,___--- _ ..., , \,;.. ,„... ,.., \______- / \ \--\___-\ % 7 ' S ') '----------..) ____ pooi _.- ,,, _ \,...,--- ___- TTI_. _. _,_...„ 5 \ .... \ } .3 \ \ \\.---' ----- (:::\--' i ,. 1 ' a \-- \,..„--------- le . 1--- -- ). \---1 '4, \ \A- ----) 0 t I Titr7 E. \------- , Ire 0 I 0\--------' ..__ / 7 / . .i I 7 --\\ r-r-r'---1 -----4 \ Ea C\ 1-----___/ ,-------- Y. \ / Et 4\-----------/ C\ > •,,. : .4. .1 s <-7 Cl \ -Li 7/ 11- 44Pr. D u 1' . 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTIAN BROTHERS AUTOMOTIVE [Applicant] CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS [Property Owner] Conditional Use Permit for an Automobile Repair Garage (GPIN 1495086742). COUNCIL DISTRICT— ROSE HALL MEETING DATE: July 12, 2016 • Background: The applicant requests a Conditional Use Permit for an Automobile Repair Garage on a 0.68 acre outparcel along Holland Road. Proposed hours of operation are from 7:00 a.m. to 7:00 p.m. Monday through Friday. Typical repair activities include oil changes, alignment, suspension, exhaust systems, and other minor repairs. No body work will occur at this location. The site layout for the proposed development and the building elevations depict a 5,000 square-foot building constructed using quality materials. The site will be accessed from the interior of a proposed retail commercial development. No vehicular access from Holland Road is requested. Landscaping will be installed to conform to the Zoning Ordinance requirements. • Considerations: This request is consistent with the Comprehensive Plan and compatible with the provisions set forth for the 70-75 dB DNL noise zone. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached staff report. There was 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 to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled, "CHRISTIAN BROTHERS AUTOMOTIVE CONCEPTUAL SITE PLAN," dated May 23, 2016, and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design and exterior building materials shall be substantially in adherence with the submitted exhibit entitled, "CHRISTIAN BROTHERS AUTOMOTIVE ARCHITECTURAL RENDERING & PHOTO CONDITIONAL USE PERMIT APPLICATION," dated April 1, 2016. Said Christian Brothers Automotive Corporation Page 2 of 3 elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. The design and materials of the dumpster enclosure shall be substantially in adherence with the submitted exhibit entitled, "CHRISTIAN BROTHERS AUTO DUMPSTER ENCLOSURE DETAILS," dated May 23, 2016, and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. There shall be no vehicular access from Holland Road directly to the site. 5. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign," but rather either externally lit, or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department, Zoning Office, for the installation of any signage. 6. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign," but rather be either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. 7. A Landscape Plan shall be submitted during site plan review process. Said Landscaping Plan shall also reflect the plant material depicted on submitted site layout plan referenced in condition one above. 8. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 9. All vehicle repair shall take place inside the building. 10. No outside storage of equipment, parts, or materials shall be permitted. 11. There shall be no outside storage or display of tires. 12. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 13. There shall be no storage containers outside the building or in parking spaces. Christian Brothers Automotive Corporation Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• -rt4111 •• - i •• e ency: Planning Department (Yee.- City Manager. �� ApplicantHearing ChristianIncorporatedPublic Brothers Automotive Corporation Agenda Item Property Owner Children's Hospital June 8, 2016 of the King's Daughters < t� I 7 Virginia Beach City Council Election District Rose Hall Request , ,sa � Conditional Use Permit(Automobile Repair 4, aircR+ce'* �66C , \,x o{ Garage) ! ` ►�, � ` I C' • *+ \ .76 118 ONL am VY AMStaff Planner ee JimmyMcNamara ,g , c, 03' °` � �v \ ,r v st Location i67•dBDi MR/4 i 4 4Mr+Ar \Y East of Holland Road,South of Warwick Drive k 70-75 619 D GPIN , ""' 6i aw` 1495086742 $ r. L 'q0 m 1 Site Size * ' 0.68 acres z ; w•''"` ' . AICUZ co M.reum ,.,s + sde,wr 70-75 dB DNL ; A►Z! Existing Land Use and Zoning District Undeveloped wooded lot/B-2 Community Business Surrounding Land Uses and Zoning Districts �� t Northt • Wooded lot/B-2 Community Business "< ,. South Bayhead Drive = Multi-family dwellings/A-18 Apartment East t 77. Wooded lot/B-2 Community Business ' Single-family dwellings/R-5D Residential ; # `. Duplex os. , West 'A o yv,,,y1"'`+ 0' Holland Road .. ,� Duplex dwellings/R-5D Residential Duplex '�,111 o,C- C • g Christian Brothers Automotive Corporation Agenda Item 7 Page 1 Background and Summary of Proposal • The approximately 0.68 acre site is an outparcel of a larger site proposed for commercial development. The site plan for the commercial development is currently under review in the Development Services Center. • The applicant has contracted to purchase the subject site to develop it as an Automotive Repair Garage. • Proposed hours of operation will typically be from 7:00 a.m.to 7:00 p.m., Monday through Friday. Saturday hours are also proposed for the first 180 days of operation. Five employees will normally work onsite. • Typical repair activities will include oil changes, alignment, suspension, exhaust systems,and other minor repairs. No body work or tire recapping will occur. • A 5,000 square-foot,24 foot high building is proposed on the site. The building will feature a lobby and reception area in the front of the building with five vehicle repair bays in the rear. • The primary exterior material of the building will be red brick.There is a light colored stone watertable along the base of the building. Lighter colored brick accents are also depicted on the submitted elevation. The roof will feature dark green asphalt shingles. • The site layout depicts the ingress/egress access from the interior of a proposed retail commercial development. No vehicular access from Holland Road is requested. The proposed 24 parking spaces satisfy the Zoning Ordinance's requirement for parking. • A minimum 15-foot buffer with Category IV plant material is depicted along the site's southeastern property boundary adjacent to the neighboring apartment complex. Street frontage and foundation landscaping will be installed along Holland Road. Canopy trees are proposed within the interior parking islands. A detailed review of all planting requirements will be conducted during final site plan review. '''... \ ,,,,, - , , \* . APS 0-2 1 10 ' Vii V.: •-5©' Zoning History N 1 CRZ(A-12 to R 5D)Approved 06/14/1994 \..\ _ }} 2 CRZ(PD-H1 to 0-2)Approved 02/08/2011 4c; / A y �. s- \` ` f 17N '''.1 ,y`Cf 4 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 Christian Brothers Automotive Corporation Agenda Item 7 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and 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) Natural and Cultural Resources Impacts The subject site is located in the Chesapeake Bay watershed. The site is heavily wooded. Besides lumber from the trees, there do not appear to be any significant natural or cultural features on the site. Traffic Impacts Street* r MmePrn a , _,. , Holland Road 35,820 ADT 1 14,800 ADT'(LOS 4"C") Existing Zoning 2—374 ADT 27,400 ADT i(LOS 4"E") Proposed Land Use 3-140 ADT 'Average Daily Trips z as defined by 0.68 acres of 3as defined by 6,000 square-foot a LOS=Level of Service B-2 zoned property automobile repair facility Public Utility Impacts Water There is an existing 16-inch City water main and eight-inch plugged City water line to the site in Holland Road. There is also an existing eight-inch City water main in Warwick Drive. There is an existing six-inch City water main along Old Clubhouse Road. The site must connect to City water. The Amstel Square site development plan currently under review (DSC File#H09-002599), proposes to provide water service to the proposed outparcel. Sewer There is an existing eight-inch City gravity sanitary sewer main in Warwick Drive. There is also an existing eight-inch City gravity sanitary sewer main in Old Clubhouse Road. The site must connect to City sanitary sewer. The Amstel Square site development plan currently under review(DSC File#H09-002599), proposes to provide sanitary sewer service to the proposed outparcel. Christian Brothers Automotive Corporation Agenda Item 7 Page 3 Evaluation and Recommendation This Conditional Use Permit request for an Automobile Repair Garage is generally consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area, particularly regarding compatibility of commercial uses with residential uses and the surrounding area. Additionally,this proposal is compatible with the provisions of the Land Use Compatibility Table in Article 18,AICUZ,of the Zoning Ordinances for a site located within the 70-75 dB DNL noise zone. The submitted building elevations depict an aesthetically pleasing building constructed using high quality building materials. Design features such as accents using a change in materials,varying roofline, recesses and projections, and an accentuated entrance provide additional visual interest. The proposed landscaping and the light nature of the automotive repair work being rendered will help minimize any negative impacts to the surrounding residential neighborhoods. As such,Staff recommends approval of this request with the following conditions. Recommended Conditions 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout entitled, "CHRISTIAN BROTHERS AUTOMOTIVE CONCEPTUAL SITE PLAN,"dated May 23, 2016,and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design and exterior building materials shall be substantially in adherence with the submitted exhibit entitled,"CHRISTIAN BROTHERS AUTOMOTIVE ARCHITECTURAL RENDERING &PHOTO CONDITIONAL USE PERMIT APPLICATION," dated April 1, 2016. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. The design and materials of the dumpster enclosure shall be substantially in adherence with the submitted exhibit entitled, "CHRISTIAN BROTHERS AUTO DUMPSTER ENCLOSURE DETAILS,"dated May 23,2016,and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. There shall be no vehicular access from Holland Road directly to the site. 5. Any onsite signage shall meet the requirements of the City Zoning Ordinance,and there shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign," but rather either externally lit,or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department,Zoning Office,for the installation of any signage. 6. Any freestanding sign shall be monument style with a brick base that matches the building,and shall be no taller than eight feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign," but rather be either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. 7. A Landscape Plan shall be submitted during site plan review process. Said Landscaping Plan shall also reflect the plant material depicted on submitted site layout plan referenced in condition one above. 8. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 9. All vehicle repair shall take place inside the building. Christian Brothers Automotive Corporation Agenda Item 7 Page 4 10. No outside storage of equipment, parts,or materials shall be permitted. 11. There shall be no outside storage or display of tires. 12. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 13. There shall be no storage containers outside the building or in parking spaces. 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. Christian Brothers Automotive Corporation Agenda Item 7 Page 5 r Proposed Site Layout w C O o Q n Vw- a f a H n YN m r-- c5 zam,..-- at ,-ra KGN O t� LLy 00°IN QO W W Q W '. N aamw ujNp W OC 0 o- W W N W O W b n I- K • U' m to W UUaUU uiam W ILQ zW .` N n aaGu6 OOW C < l O ML_______________- —WNN> Ow w0m - i r_____ _ _C7N OWnOY e ~ gm.- -1- o , mm yNm cz ------ F.S w o umova5Y3 aovvYNQ.S{ ' Pill Al213d0Md '-'.-\\\\ Witillikli #7414 - -:'•iik '• • ---- --- . 1N3W3gY33hYWY?JO/CAW 31gtllayA • 41 b. rro W 1 Yd Ca N_i Y Z U 0 I a Y j a° 0.8 °o O o O Occ --- --------- ---- ----- - wO WO I I ■ IqO NIO w W ft, i C � Jpa. ; 0 00 At aI0 I 8Q $ w z 05 C w m • o � 01 F- o,. e Q 'D W e F ° N No i s ceM y O N I , tit n W m ilik - ; ' iii t Q Z i CL Q i I IL COO W 31111Al 13.10.V." J411111111 \ Z W f Na. 11 = Z II' `I, O V Ov Christian Brothers Automotive Corporation Agenda Item 7 Page 6 Proposed Elevations z 00 wo, J= .-a� .segos o . Y5,1,,,, moa. i galga dw `' __SEN o a Z., w W a K !>, pia ��N y Rill mZ H Z graQ wOI- ' + s up,n �1MI 0¢U 2 x0- U¢U v MUNI �/- N W6- Z ' JO r+4! • . Issas '.4 m so: si• ono sem )i1, • . — • 4, •s • .... A. 1 , ,„. . v i ' , ,..,.., , j...-, A ,, .4„. , w w I , - O o °a a C I Z O O O O w < 4 J J o W i Y O N m m w t • a a x Z a 4 e , Christian Brothers Automotive Corporation Agenda Item 7 Page 7 Proposed Dumpster Details •• • :• . • • a. D Oyo L7 in W 'J > W S it Z a O ` F U Z U w c . •1'�N;� Z to U U CC 2EC L �I�I1II - Z o w a 2 aU o F-° IIIII O Ho Q 8o Q °o 1I1I1I1 Q 0; 0 M m m p.Q U I,IIIIIII ; wa P a a za W, I.11141I.I.` > a0 m m * a oo N. IIIIIIIIIIII J r.. IIIII o*r .11111 1 1111 111111111 ls6ieis ge - 1`4 <i 441W I I �_HI wz coz rQ W¢ Ow 4cn J= O w J= Z w z W ;g tl J=Y JJ(n 1._HU QHU .uminemomi- 2 O co W N w - Fr I > O g N MiW Q 1._ a z a Q � II IiiIiis wOI CO W (3 _ R 0 O 0 CC re } CO (, o Z2 Q Q 2 J H W coo- Cn W Ct a 12 Uo Christian Brothers Automotive Corporation Agenda Item 7 Page 8 Proposed Commercial Development Site - Nd ONISVHd ONV inomn 113A0 HDVBEI VINIDIIIA 321VnbS 131.S1i1V ‘./ " 7.1',: i,".""".".7-"'" ''''''''''''''''''''''' ..•!.•.. dnotio SNOW10111 Subject Site 1 iillEIIIIPlPl .,. / 7 , idOild i., a 4 Lec03.t I _ ''-,1 _ eirr40 1 1 @ 1 ; 1111 I I I ,In , J! I ',1 I I I U - ----ill" ifid F4t: 11H1 - , ii 1"- i- -...._.. .. - . 1 3 - -- I -- - ) ----1 4 m 0 iv - iThu H . :- 1 Ill' C41111- . _ ,,, r,7 31 ) _hf I , 1 -47z&- 1. 1 __ —___- Ju_ -2:2. ,., ...._.,... iiii Christian Brothers Automotive Corporation Agenda Item 7 Page 9 Site Photos '. i _ ,. #..• .. • • am, "4 " c. • • • • 'i. `,7',, • • • Christian Brothers Automotive Corporation Agenda Item 7 Page 10 Disclosure Statement t kik 1 APPLICANT'S NAME Christian Brothers Automotive 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 I Disposition of City Modification of by City f Property Conditions or Proffers_ Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes I Board of Zoning i Appeals / Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) ; ; Franchise Agreement Chesapeake Bay 1 Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement j 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 7 Christian Brothers Automotive Corporation Agenda Item 7 Page 11 Disclosure Statement Virginia Beach ECheck 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:Christian Brothers Automotive 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) Mark Carr,John Freeman, Donald Evans, Lew Ten Have,Jim Harris, Rod Marcotte,Josh Wall,Jacques Craig (8) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only_ property owner is_different from Applicant. nCheck 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:Children's Hospital of The Kin9'tj If an LLC, list the member's names: Page 2 of 7 Christian Brothers Automotive Corporation Agenda Item 7 Page 12 Disclosure Statement Virginia Rear If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) see attached list (B) List the businesses that have a parent-subsidiary l or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) see attached list I 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Z "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities,' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2 3101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or an business operating_orto operated on trityroperty. 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 Christian Brothers Automotive Corporation Agenda Item 7 Page 13 Disclosure Statement Response to Section 21A): Children's Hospital of The King's Daughters,Incorporated is manager by its sole member Children's Health System. Inc. Children's Hospital of l'he Kim's Daughters,Incorporated Board of Directors: Managed by the Board of Directors of Children's Health System,Inc. (see below) James D.Dahling-President Children's Health System,Inc._ Board of Directors June 2015 through June 2016 1. Buffy J.Barefoot,Vice Chair 2. Michelle Brenner,MD 3. Kathryn P.Callahan 4. James D.Dahling.President&CEO 5. Susan P. Einhom 6. Douglas D.Ellis.Sr. 7. R. Justin Fulton 8. T. A.Grell,Jr. 9. Edward A. Heidt,Jr.,Chair 10.Beth Johnson 11.John R.Lawson, 11 12.Miles Leon 13.Christine Neikirk 14.Robert Obermeyer.MD 15.Karen P.Priest,Treasurer 16. Brian K.Skinner 17. Marta Satin-Smith,MD 18.Svindcr Toot,MD 19. Katie Van Buren 20. Mark R.Warden 21.Fred J. Whyte 22. F. Blair Wimbush,Secretary 23. Dennis M. Ryan- officer only—Assistant Secretary/Assistant Treasurer Christian Brothers Automotive Corporation Agenda Item 7 Page 14 Disclosure Statement • Response to Section 2(B) Businesses with a Parent-Subsidiary or Affiliated Business Entity Relationship with the Property Owner. Children's Health System,Inc. Children's Health Foundation,Inc. Children's Medical Group,Inc. Children's Surgical Specialty Group,Inc. CMG of North Carolina, Inc Children's Health System Insurance,I td. Children's Medical Tower,LLC Children's Real Estate,I,I.0 CHKD Thrift Stores,LLC Children's Health Network,Inc. Medical Auditorium Associates,a Vireinia partnership Christian Brothers Automotive Corporation Agenda Item 7 Page 15 Disclosure Statement 6 S APPLICANT YES NO SERVICE PROVIDER taw addittonli sheets if needed) Accounting and/or preparer of your tax return IXI Architect/Landscape Architect/ Sake H.Reindersma.AIA Land Planner Contract Purchaser(jf,Qtherilh I 1 X thg Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed — fel ' purchaser of the subject property N (identify purchaser(s)and purchaser's service providers) Construction Contractors Currently undetermined Engineers/Surveyors/Agents Timmons Group Financing(include current Currently undetermined mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZLegal Services Ty Camp 1 Real Estate Brokers/ !Principal Realty Group ® n Agents/Realtors for current and anticipated future sales of the subject pfoperty • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Reach have U (-1 an interest in the subject land or any proposed development J 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 Christian Brothers Automotive Corporation Agenda Item 7 Page 16 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 lic hearing, I am responsible for updating the information provided her two weeks prior to the Planning Commission, Council, VEDA meeting,o meeting of any public body or committee in connection with this Applica' n. LL MAILL C.i4 A, Fog Es A NT'S SIGNATURE ` PRINT NAME DATE Page 5 of 7 Christian Brothers Automotive Corporation Agenda Item 7 Page 17 Disclosure Statement OWNER viesieieBeach YES ! NO SERVICE PROVIDER ruse addiNonaisheets needed]. __....... X (1 Accounting and/or preparer of KPMG t II your tax return (X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Holland Warwick.LLC the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property E (identify purchaser(s)and purchaser's service providers) Construction Contractors x a Engineers/Surveyors/Agents Tim Davis.VHB Financing(include current PNC Bank mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Troutman Sanders Real Estate Brokers/ Harvey Lindsay r C Agents/Realtors for current and ' V anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have Iv an interest in the subject land or any proposed development ILS 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 Christian Brothers Automotive Corporation Agenda Item 7 Page 18 Disclosure Statement 1\ 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 Applicatignr r PRPERTY OWNER'S S cNsrijgt _ , PRINT NAME D__• 14 li8446 AT r Page 7 of 7 Christian Brothers Automotive Corporation Agenda Item 7 Page 19 Item#7 Christian Brothers Automotive Corporation Conditional Use Permit Corner of Holland Road and Warwick Drive District 3 Rose Hall June 8, 2016 CONSENT An application of Christian Brothers Automotive Corporation for a Conditional Use Permit(Automotive Repair Garage)on property located on the corner of Holland Road and Warwick Drive, District 3, Rose Hall. GPIN: 1466-80-9439-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout entitled, "CHRISTIAN BROTHERS AUTOMOTIVE CONCEPTUAL SITE PLAN,"dated May 23, 2016,and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design and exterior building materials shall be substantially in adherence with the submitted exhibit entitled, "CHRISTIAN BROTHERS AUTOMOTIVE ARCHITECTURAL RENDERING & PHOTO CONDITIONAL USE PERMIT APPLICATION,"dated April 1, 2016. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. The design and materials of the dumpster enclosure shall be substantially in adherence with the submitted exhibit entitled, "CHRISTIAN BROTHERS AUTO DUMPSTER ENCLOSURE DETAILS,"dated May 23, 2016,and prepared by Timmons Group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. There shall be no vehicular access from Holland Road directly to the site. 5. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign," but rather either externally lit,or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department,Zoning Office,for the installation of any signage. 6. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign," but rather be either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. Item#7 Christian Brothers Automotive Corporation Page 2 7. A Landscape Plan shall be submitted during site plan review process. Said Landscaping Plan shall also reflect the plant material depicted on submitted site layout plan referenced in condition one above. 8. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 9. All vehicle repair shall take place inside the building. 10. No outside storage of equipment, parts,or materials shall be permitted. 11. There shall be no outside storage or display of tires. 12. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 13. There shall be no storage containers outside the building or in parking spaces. 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. Jonathan Wakefield appeared before the Commission on behalf of the applicant. '.. \\--``.---- ..„ - ‘..,z \Avs-____--•\ \ '11 \•---- _,..., \ *4 ----------' (------\ .11' -----"'N \ ..r.„, N.e...A , bind--1 ' ,------W S n. '.., ,1 in j t---\ --„...4-4 i 1 sp, ..,,, ---------' "."( ..„ _,-- ( '), 0 , c' '''\ \-- - ,:,„;5-(' , ,..-_, - k .----,, \ - -v• . 1 , .--, cc" \ \,5` ''• `-'• ' ' ) I\ \ hi ' \ „:::!!' ti. L j , . ,'..' \ \\,._-i .' L #449. ..' Vix \ 111' .0. AL' N. '-... --•,\,-,' .-, 1., 7.-2 *S.,,,i --- , \ 16.1 , , \ d,./A 0,4 43"' •i:::::- ., 40* \I .•#"ile „.Cd 4" _.-' o-iii, !I / .,,› - ..-- .......,,, --- ... .. .. ... , . ., "114 _.___-,% .,. -,,,:,...,/ ,„,,,,..„.) ..._....___, . .• - - .---- .. ... ,.... ,_..... ...., .....„ ii‘., ... , " ,....,.' („(,A\ • ... --,(Ne - -,. ..‘ , . \‘t, . - I.., , s . .,. ilk isi ‘-,_ -., 411% Illar .. 0,- .14,i, .0 +.3". 4 ......- itvi ot . , • s IS * ' . ...,,,e,....„(......."*<e0-'4-\,1V4L • .... .. . .. \ 74D K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM (CSA—AT RISK) HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WORKFORCE HOUSING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 S D S DATE:07/05/2016 PAGE: 1 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O Y LN A O O O R S 0 R E E EN S NM I 00 T R Y S E S DSNND I. CITY MANAGER'S BRIEFINGS A. RESTORATION of EASTERN Council Lady Dr.Amelia BRANCH of ELIZABETH Ross-Hammond,Chair RIVER Marjorie Mayfield Jackson,Executive Director B. USO WOUNDED WARRIOR Jeffrey Hill,Vice WEEK President,USO World Operations C. HRPDC-Governance David Hansen,City Mana er IUIIUIV CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION V.F MINUTES: APPROVED 9-0 Y Y Y Y A Y Y Y Y A Y s s INFORMAL/FORMAL SESSION s s T June 21,2016 A A N N E E D D VI.G FORMAL SESSION AGENDA CONSENT AGENDA VI.H PUBLIC HEARINGS 1. EXCESS CITY-OWNED No Speakers PROPERTY at 445 Rudder Road 2. LEASE of City-owned Farm Land at No Speakers Indian River Road/North Landing Road, 3. INSTALLMENT PURCHASE No Speakers AGREEMENT re acquisition of (ARP)easement at 4280 Blackwater Road VI.I.1 Ordinance declaring property at 445 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Rudder Road as EXCESS/ CONSENT AUTHORIZE sale of to James G. Fender/James Joseph Fender. VI.1.2 Ordinance to AUTHORIZE/ ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease of City-owned CONSENT Farm Land at Indian River/North Landing Road with Land of Promise Farms Partnership VI.1.3 Ordinance to AUTHORIZE: ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y a. ACQUISTION of(ARP) CONSENT easement from My III Sons,LLC b. ISSUANCE of City's contract obligations of$680,787 c. TRANSFER$360,817 from ARP to purchase U.S.Treasury STRIPS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:07/05/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS HL W O Y L N A O O O R S 0 R EEENSNM 100 T R Y S E S DS NND VI.1.4 Resolution to RECOGNIZE the 60th ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Anniversary of Sister Cities CONSENT International VI.J.1 UJFT COMMUNITY CAMPUS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a CUP re assembly use at CONDITIONED,BY 5000 Corporate Woods Drive CONSENT DISTRICT 4—BAYSIDE VI.J.2 TONYA MITCHELL/TAG APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y INDUSTRIES,INC CUP re family CONDITIONED,BY home Day Care at 4441 Crow Wing CONSENT Drive DISTRICT 7—PRINCESS ANNE V1.J.3 WALMART#1688 CUP re bulk APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y storage yard at 657 Phoenix Drive CONDITIONED,BY DISTRICT 6—BEACH CONSENT VI.J.4 REED ENTERPRISES,INC CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y motor vehicle sales at 3249 Dam CONDITIONED,BY Neck Road DISTRICT 7— CONSENT PRINCESS ANNE VI.J.5 OLD DOMINION TOBACCO APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y COMPANY,INC Conditional COZ PROFFERED,BY from I-1/B-2 to Conditional A-18 CONSENT 5400 Virginia Beach Boulevard. DISTRICT 2—KEMPSVILLE VI.K. APPOINTMENTS RESCHEDULED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y BIKEWAYS and TRAILS CONSENSUS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM (CSA-AT RISK) PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VI.K. HUMAN RIGHTS COMMISSION APPOINTED 3-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y 7/1/16—3/31/19 Jo Jo Orencia VI.K. PARKS and RECREATION APPOINTED 3-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION 9/1/16—8/31/19 Jill Ewell VI.K. REVIEW and ALLOCATION REAPPOINTED 3-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE(COG) 9/1/16—8/31/19 Kim Thumel VI.K. WORKFORCE HOUSING ADVISORY REAPPOINTED 4-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD 10/1/16—9/30/20 John S.Georghiou Robert S.Miller Ronald Ripley CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:07/05/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L N A O O O R S 0 R EE EN SNM 100 T R Y S E SDSNND VI.K. 2040 VISION TO ACTION APPOINTED 4-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMUNITY COALITION— 7/1/16—6/30/20 REQUEST TO ADJUST TERMS Jenefer D.Snyder APPOINTMENTS REVISED 4-yr term 7/1/16—6/30/20 Erica Cuffee Carol Curtis Karen Kwansy APPOINTMENTS REVISED 3-yr term 7/1/16—6/30/19 Cynthia Arocho Edwina Bergano Daniel Edwards Cheryl Snowden APPOINTMENTS REVISED 2-yr term 7/1/16—6/30/18 Georgia Allen Kyle D.Korte Peggy Lane Martha McClees APPOINTMENTS REVISED 1-yr term 7/1/16—6/30/17 Jason Barney Naomi Estaris Joseph A.Voorhees VI.L/ ADJOURNMENT 6:06 PM M/N/ 0 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:07/05/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L N A O O O R S 0 R EE ENS NM I 00 T R Y S E S DS NND CITY MANAGER'S BRIEFINGS A. RESTORATION of EASTERN Council Lady Dr.Amelia BRANCH of ELIZABETH Ross-Hammond,Chair RIVER Marjorie Mayfield Jackson,Executive Director B. USO WOUNDED WARRIOR Jeffrey Hill,Vice WEEK President,USO World Operations C. HRPDC-Governance David Hansen,City Manager II/III/IV CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION V.F MINUTES: APPROVED 9-0 Y Y Y Y A Y Y Y Y A Y INFORMAL/FORMAL SESSION s s June 21,2016 T T A A 1 1 N N E E D D VI.G FORMAL SESSION AGENDA CONSENT AGENDA VI.H PUBLIC HEARINGS 1. EXCESS CITY-OWNED No Speakers PROPERTY at 445 Rudder Road 2. LEASE of City-owned Farm Land at No Speakers Indian River Road/North Landing Road. 3. INSTALLMENT PURCHASE No Speakers AGREEMENT re acquisition of (ARP)easement at 4280 Blackwater Road VI.1.1 Ordinance declaring property at 445 ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Rudder Road as EXCESS/ CONSENT AUTHORIZE sale of to James G. Fender/James Joseph Fender. VI.I.2 Ordinance to AUTHORIZE/ ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXECUTE a Lease of City-owned CONSENT Farm Land at Indian River/North Landing Road with Land of Promise Farms Partnership VI.I.3 Ordinance to AUTHORIZE: ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y a. ACQUISTION of(ARP) CONSENT easement from My III Sons,LLC b. ISSUANCE of City's contract obligations of$680,787 c. TRANSFER$360,817 from ARP to purchase U.S.Treasury STRIPS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:07/05/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS H L W O Y L N A O O O R S 0 R EE ENS NM I 0 0 T R Y S E S DSNND VI.1.4 Resolution to RECOGNIZE the 60th ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Anniversary of Sister Cities CONSENT International VI.J.I UJFT COMMUNITY CAMPUS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a CUP re assembly use at CONDITIONED,BY 5000 Corporate Woods Drive CONSENT DISTRICT 4—BAYSIDE VI.J.2 TONYA MITCHELL/TAG APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y INDUSTRIES,INC CUP re family CONDITIONED,BY home Day Care at 4441 Crow Wing CONSENT Drive DISTRICT 7—PRINCESS ANNE VI.J.3 WALMART#1688 CUP re bulk APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y storage yard at 657 Phoenix Drive CONDITIONED,BY DISTRICT 6—BEACH CONSENT VI.J.4 REED ENTERPRISES,INC CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y motor vehicle sales at 3249 Dam CONDITIONED,BY Neck Road DISTRICT 7— CONSENT PRINCESS ANNE VI.J.5 OLD DOMINION TOBACCO APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y COMPANY,INC Conditional COZ PROFFERED,BY from I-1/B-2 to Conditional A-18 CONSENT 5400 Virginia Beach Boulevard. DISTRICT 2—KEMPSVILLE VI.K. APPOINTMENTS RESCHEDULED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y BIKEWAYS and TRAILS CONSENSUS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM (CSA-AT RISK) PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VI.K. HUMAN RIGHTS COMMISSION APPOINTED 3-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y 7/1/16—3/31/19 Jo Jo Orencia VI.K. PARKS and RECREATION APPOINTED 3-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION 9/1/16—8/31/19 Jill Ewell VI.K. REVIEW and ALLOCATION REAPPOINTED 3-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE(COG) 9/1/16—8/31/19 Kim Thumel VI.K. WORKFORCE HOUSING ADVISORY REAPPOINTED 4-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y BOARD 10/1/16—9/30/20 John S.Georghiou Robert S.Miller Ronald Ripley CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:07/05/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS H L W O Y L N A O O O R S 0 R EEENSNM I 00 T R Y S E S DSNND VI.K. 2040 VISION TO ACTION APPOINTED 4-yr term 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMUNITY COALITION— 7/1/16—6/30/20 REQUEST TO ADJUST TERMS Jenefer D.Snyder APPOINTMENTS REVISED 4-yr term 7/1/16—6/30/20 Erica Cuffee Carol Curtis Karen Kwansy APPOINTMENTS REVISED 3-yr term 7/1/16—6/30/19 Cynthia Arocho Edwina Bergano Daniel Edwards Cheryl Snowden APPOINTMENTS REVISED 2-yr term 7/1/16—6/30/18 Georgia Allen Kyle D.Korte Peggy Lane Martha McClees APPOINTMENTS REVISED 1-yr term 7/1/16—6/30/17 Jason Barney Naomi Estaris Joseph A.Voorhees VI.L/ ADJOURNMENT 6:06 PM M/N/ 0