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HomeMy WebLinkAboutSEPTEMBER 20, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G�N�A.Bc MAYOR WILLIAM D.SESSOMS,JR.,Al-Large \17 .1 VICE MAYOR LOUIS R./ONES,Bayside-District 4 4<:, M.BENJAMIN DAVl'NPORT,At Large O"` KGs ROBERT M.DYER,Centerville-District I -' n 2 BARBARA M.HENLEY,Princess Anne-District 7 U k 'S SHANNON DS KANE,Rose Hall District 3 JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER- DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:Clycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC 20 September 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 2:30 PM 1. DEVELOPMENT AUTHORITY, ANNUAL REPORT Dorothy Wood, Chair 2. CERTIFIED LOCAL GOVERNMENT DESIGNATION Mark Reed, Planning 3. HISTORIC PRESERVATION COMMISSION UPDATE Bernice Pope, Chair II. CITY MANAGER'S BRIEFINGS 1. CONVENTION AND VISITORS BUREAU UPDATE Brad Van Dommelen - Director, Convention and Visitors Bureau 2. EMERGENCY OPERATIONS PLAN UPDATE Erin Sutton, Emergency Management 3. ARENA UPDATE Douglas Smith, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 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: Father Rene Castillo Church of the Holy Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL /FORMAL SESSION 6 September 2016 G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION Louis J. Schager, Commanding Officer, Naval Air Station Oceana I. PUBLIC HEARINGS 1. TRANSFER of City Property to the Development Authority re Arena 2. DETERMINATION of EXCESS City Property at Ego Drive J. PUBLIC COMMENT 1. 2017 Legislative Package K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 18-32 and 25.1-2 re Precious Metal Permits 2. Resolution AUTHORIZING the 2016 Plan of Financing with the Development Authority, certain documents prepared in connection with such financing and the execution and delivery of same 3. Ordinance pertaining to the COMPENSATION of the City Auditor 4. Resolution APPOINTING B. Kay Wilson to the position of Deputy City Attorney 5. Resolution formally RE-ADOPTING the Virginia Beach Emergency Operations Plan 6. Ordinance to ESTABLISH three new roadway capital projects, to ACCEPT and APPROPRIATE $2,026,077 from the Virginia Department of Transportation's Transportation Alternatives Program, and to TRANSFER $910,266 7. Ordinance DECLARING EXCESS City Property at Ego Drive and AUTHORIZING the City Manager to sell the property to Bishard Homes, LLC. 8. Ordinance to AUTHORIZE temporary encroachments: a. Portion of City right-of-way, known as 79`h Street, adjacent to 7810 Ocean Front Avenue b. Portion of City property, known as Lake Joyce, and a 25-foot strip of City property around Lake Joyce at the rear of 4441 Blackbeard Road 9. Ordinance to CARRY FORWARD from FY 2015-16 and APPROPRIATE $865,901 into the FY 2016-17 for purposes previously approved: GENERAL FUND Planning $10,078 Cultural Affairs/Arts and Humanities Commission $4,519 Cultural Affairs $125,000 Human Resources/Employee Special Benefits $60,000 Human Services/MH PATH, PATH, DS Early Intervention, DS Infant Program $243,872 EMS/Administration and Operations $65,850 Housing and Neighborhood Preservation/Code Enforcement $36,427 LAW LIBRARY FUND Law Library $227,746 DEA SEIZED PROPERTY SPECIAL REVENUE FUND Police/DEA Uniform Patrol Grants $16,180 Police/DEA K-9 $26,600 Police/DEA Special Investigative Unit $22,629 PARKS AND RECREATION SPECIAL REVENUE FUND Parks and Recreation/Landscaping Special Zone Management Princess Anne $27,000 10. Ordinances to APPROPRIATE: a. $204,434 from fees for service and ADD three full-time positions to Human Services for Developmental Disability case management services b. $40,000 for the Virginia Task Force Two Urban Search and Rescue Team (FEMA) in response to Louisiana flooding c. $5,000 Grant from the Department of Motor Vehicles to Public Works d. $319,950 from the Virginia Department of Transportation's Highway Safety Improvement Program to"Traffic Safety Improvements IV" e. $21,300 Grant to the Fire Department for its Marine Team f. FY 2016/17 DMV Grant to Police: 1. Seat Belt Enforcement APPROPRIATE: $52,000; MATCH: $26,000 2. DUI Enforcement APPROPRIATE: $62,466; MATCH: $31,233 L. PLANNING 1. SHORE VENTURES ASSOCIATES, LLC. Subdivision Variance to Section 4.4(b) of the Subdivision Regulations re single family dwellings at 457 Kirkwood Lane DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. DAVID N. REDA, TRUSTEE OF FIRST VIRGINIA LAND TRUST, Street Closure of Road Number#4 and a portion of a 20-foot private road, adjacent to 1275 Baker Road. DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. PEMBROKE SQUARE ASSOCIATES, LLC. Modification of Conditions re indoor recreation at 4554 Virginia Beach Boulevard DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 4. B.H. VINELAND Conditional Change of Zoning from AG-2 Agricultural to Conditional R-5D Residential at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road. DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. BRYANA GUCKIN Conditional Use Permit re home occupation for Internet sales at 1225 Orkney Drive DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 6. RALPH J. NAHRA/RALPH J. AND DEBBIE M. NAHRA, Conditional Use Permits re motor vehicle sales, rentals and auto repair at 1017 Aragona Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. WAL-MART STORES, INC.,3216 /LAKE GEM II, LLC AND WAL-MART REAL ESTATE BUSINESS ETC. Conditional Use Permits re bulk storage: a. 1149 and 1169 Nimmo Parkway DISTRICT 7—PRINCESS ANNE b. 2021 Lynnhaven Parkway DISTRICT 3 —ROSE HALL c. 657 Phoenix Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH Ordinance to AMEND Section 4.1 and ADD Section 1.115 of the Site Plan Ordinance, pertaining to the "Lowest Floor and Plan Notes" re the Floodplain RECOMMENDATION: APPROVAL M. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION—VBCDC N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** CITY COUNCIL GOAL SETTING RETREAT 8:30 AM - 4:30 PM WEDNESDAY, SEPTEMBER 21,2016 4525 MAIN STREET, SUITE 700 TOWN CENTER CITY COUNCIL SESSIONS ELECTION DAY TUESDAY, NOVEMBER 8, 2016 CANCELLED EVERYONE PLEASE EXERCISE YOUR PRIVILEGE TO VOTE 09/20/16 tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0141A•110 MAYOR WILLIAM D.SESSOMS,JR.,At-Large ,SQ' • h!L VICE MAYOR LOUIS R.JONES,Bayside-District 4 4 w• M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District 1 U i BARBARA M.HENLEY,Princess Anne -District 7 . �. SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 hs°t JOHN E.UHRIN,Beach--District 6 °°■ x"`o ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:Ctycncl®vbgov.com CITY CLERK RUTH HODGES FRASER,MMC 20 September 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 2:30 PM L DEVELOPMENT AUTHORITY, ANNUAL REPORT Dorothy Wood, Chair 2. CERTIFIED LOCAL GOVERNMENT DESIGNATION Mark Reed, Planning 3. HISTORIC PRESERVATION COMMISSION UPDATE Bernice Pope, Chair II. CITY MANAGER'S BRIEFINGS 1. CONVENTION AND VISITORS BUREAU UPDATE Brad Van Dommelen - Director, Convention and Visitors Bureau 2. EMERGENCY OPERATIONS PLAN UPDATE Erin Sutton, Emergency Management 3. ARENA UPDATE Douglas Smith, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:30 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: Father Rene Castillo Church of the Holy Apostles C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL/ FORMAL SESSION 6 September 2016 G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION Louis J. Schager, Commanding Officer,Naval Air Station Oceana INu•BEAC y IGye of's 'gym •4.OUR NU�O. RESOLUTION WHEREAS: Captain Louis J. Schager is a proud graduate of the United States Naval Academy, class of 1990; and WHEREAS: He earned a Bachelor of Science degree in Mechanical Engineering and then attended flight training in Pensacola, Florida and Meridian, Mississippi; and WHEREAS: Captain Schager received his naval aviator Wings of Gold in July 1993;and WHEREAS: Captain Schager has served in many Squadrons, such as the "Grim Reapers" VF-101, VF-211 "Checkmates", VF-103 "Jolly Rogers", and during that time served as an instructor pilot for the F-14A/B/D. He graduated from the Strike Fighter Tactics Instructor program at Naval Flight Weapons School (TOPGUN), and was awarded the Fighter Wing Atlantic Instructor of the Year for 1999; and WHEREAS: He served onboard the USS George Washington for Arabian Gulf deployments in 2000 and 2002, and received the Commander, Naval Airforce, U.S.Atlantic Fleet peer selected Leadership Award for 2001; and WHEREAS: Captain Schager attended the U.S. Naval War College at Newport, Rhode Island, and was awarded a Master of Arts Degree in National Security and Strategic Studies in 2003; and WHEREAS: He served as Assistant Deputy Director for Operations and Senior Emergency Actions officer, which provided analysis of developing military and political situations worldwide for the Chairman of the Joint Chiefs of Staff, the Secretary of Defense, and the President of the United States;and WHEREAS: Captain Schager served as Executive Officer of VFA-32 "Swordsmen" from August 2006 to November 2007; and received the Commander, Naval Air Force, U.S. Atlantic Fleet peer selected Leadership Award for 2007 and 2008, and then served Western Pacific/Arabian Gulf deployments aboard USS ABRAHAM LINCOLN, and reported to NAS Oceana as Executive Officer in August 2013; and WHEREAS: He has accumulated over 4,200 flight hours and 815 arrested landings, and has been awarded the Defense Meritorious Service Medal, Meritorious Service Medal(two awards), Individual Air Medal, Strike Flight Air Medal (five awards), Navy and Marine Corps Commendation Medal (two awards), Navy and Marine Corps Achievement Medal, and numerous campaign medals and deployment ribbons; and WHEREAS: Captain Schager served as the 43rd Commanding Officer of Naval Air Station Oceana from March 2015 to September 2016;and WHEREAS: As Commanding Officer, he operates as both City Manager and Mayor of the Navy's East Coast Master Jet Base, which is responsible for over 300 aircraft including: F/A 18 Hornets, the navy equivalent of a 737, numerous helicopters, and other aircraft. WHEREAS: During his tenure as Commanding Officer at NAS Oceana ,which includes the Dam Neck Annex, he has engendered a very mutually beneficial relationship with the City Of Virginia Beach, and the City of Chesapeake, where the Fentress Auxiliary Field is located;and WHEREAS: Captain Schager has been the epitome of an officer and gentleman during his tenure as Commander at NAS Oceana, and throughout his career, and a true friend to Virginia Beach. NOW THEREFORE,BE IT RESOLVED: that Captain Schager's work as Commander at Naval Air Station Oceana over the previous three years and his decades of service to our country, be duly recognized and applauded, and BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal deliberations this 20`h day of September, 2016, to declare: CAPTAIN LOUIS J. SCHA GER DAY and present this Resolution duly signed by each Member of the Virginia Beach City Council with a copy spread upon the Minutes of this meeting. Councilman Ben Davenport Councilman cg6ert M.gBo6"Dyer Council Latfy Barbara Jfenley Council-Lady Shannon Kane Councilman John D.Moss Council.Lady Dr Amelia N.1 mss- lfammonI Councilman John E.Vfirin Council Lady Rosemary WiYson Councilman James L.'Wood Vice Mayor Louis It Jones Mayor William D."`Will"Sessoms,Jr. I. PUBLIC HEARINGS 1. TRANSFER of City Property to the Development Authority re Arena 2. DETERMINATION of EXCESS City Property at Ego Drive rj'vNtA a, ,,,k,..,11 a,t • 4L ,,..::''Sr FWD PUBLIC HEARING TRANSFER OF CITY PROPERTY TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, September 20, 2016, at 6:00 p.m., in the Council Chamber of the City Hall Building (Bldg. 1) at the Virginia Beach Municipal Center. The purpose of the hearing is to obtain public comment on the proposed transfer of the following property to the City of Virginia Beach Development Authority: 5.8+/-acres of land and improvements,located on 19. Street across from the Virginia Beach Convention Center (Part of GPIN:2417-76-6435) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired,call 711-The Virginia Relay. Any questions concerning this matter should be directed to David L. Hansen, City Manager, Municipal Center, Building 1, Room 234,385-4242 Ruth Hodges Fraser,MMC City Clerk BEACON: SEPTEMBER 11,2016 �\i11A'8F9 rt, i/'t' r4" z d`� � >ej4.', ♦�„ Ya ``tv.` fr 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, September 20, 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 1833/1835 Ego Drive(GPIN: 2407-64-1624).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 telep number is(757)385-41Ruth Hodgesit91A(// ity Clerk BEACON: SEPTEMBER 11,2016 J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Sections 18-32 and 25.1-2 re Precious Metal Permits 2. Resolution AUTHORIZING the 2016 Plan of Financing with the Development Authority, certain documents prepared in connection with such financing and the execution and delivery of same 3. Ordinance pertaining to the COMPENSATION of the City Auditor 4. Resolution APPOINTING B. Kay Wilson to the position of Deputy City Attorney 5. Resolution formally RE-ADOPTING the Virginia Beach Emergency Operations Plan 6. Ordinance to ESTABLISH three new roadway capital projects, to ACCEPT and APPROPRIATE $2,026,077 from the Virginia Department of Transportation's Transportation Alternatives Program, and to TRANSFER$910,266 7. Ordinance DECLARING EXCESS City Property at Ego Drive and AUTHORIZING the City Manager to sell the property to Bishard Homes, LLC. 8. Ordinance to AUTHORIZE temporary encroachments: a. Portion of City right-of-way, known as 79th Street, adjacent to 7810 Ocean Front Avenue b. Portion of City property, known as Lake Joyce, and a 25-foot strip of City property around Lake Joyce at the rear of 4441 Blackbeard Road 9. Ordinance to CARRY FORWARD from FY 2015-16 and APPROPRIATE $865,901 into the FY 2016-17 for purposes previously approved: GENERAL FUND Planning $10,078 Cultural Affairs/Arts and Humanities Commission $4,519 Cultural Affairs $125,000 Human Resources/Employee Special Benefits $60,000 Human Services/MH PATH, PATH, DS Early Intervention, DS Infant Program $243,872 EMS/Administration and Operations $65,850 Housing and Neighborhood Preservation/Code Enforcement $36,427 LAW LIBRARY FUND Law Library $227,746 DEA SEIZED PROPERTY SPECIAL REVENUE FUND Police/DEA Uniform Patrol Grants $16,180 Police/DEA K-9 $26,600 Police/DEA Special Investigative Unit $22,629 PARKS AND RECREATION SPECIAL REVENUE FUND Parks and Recreation/Landscaping Special Zone Management Princess Anne $27,000 10. Ordinances to APPROPRIATE: a. $204,434 from fees for service and ADD three full-time positions to Human Services for Developmental Disability case management services b. $40,000 for the Virginia Task Force Two Urban Search and Rescue Team (FEMA) in response to Louisiana flooding c. $5,000 Grant from the Department of Motor Vehicles to Public Works d. $319,950 from the Virginia Department of Transportation's Highway Safety Improvement Program to"Traffic Safety Improvements IV" e. $21,300 Grant to the Fire Department for its Marine Team f. FY 2016/17 DMV Grant to Police: 1. Seat Belt Enforcement APPROPRIATE: $52,000; MATCH: $26,000 2. DUI Enforcement APPROPRIATE: $62,466; MATCH: $31,233 (I `.- r, 1 . cess F CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend City Code Sections 18-32 and 25.1-2 Pertaining to Precious Metal Permits MEETING DATE: September 20, 2016 • Background: In the FY2017 Budget process, the Police Department requested an increase in the precious metals permit from $300 to $550 to cover the costs of the "Leads Online" program, which enhances the tracking and detection of stolen jewelry. An ordinance adopted on May 10, 2016, with an effective date of July 1, 2016, amended City Code § 27-3, which includes a list of authorized Police Department fees, including the new $550 fee, but two other City Code sections that were not amended by that ordinance also reference the amount of the fee. • Considerations: The attached ordinance replaces conflicting text in City Code §§ 18-32 and 25.1-2 regarding the amount of the precious metals permit fee with a cross-reference to the fee amount set forth in City Code § 27-3. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De, •ency: Police �ECcs ..)City Manager:401 �; N 1 AN ORDINANCE TO AMEND CITY CODE 2 SECTIONS 18-32 AND 25.1-2 PERTAINING TO 3 PRECIOUS METAL PERMITS 4 5 Sections Amended: §§ 18-32 and 25.1-2 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 That Sections 18-32 and 25.1-2 of the City Code is hereby amended and 11 reordained to read as follows: 12 13 Sec. 18-32. - Permit required. 14 15 (a) No person shall engage in the activities of a dealer as defined in section 18-76.1, 16 pawnbroker, junk dealer, or secondhand dealer without first obtaining a permit from the 17 chief of police. 18 19 . . . . 20 21 (g) The initial and annual permit fee shall be three hundred dollars ($300.00) the 22 amount set forth in section 27-3(b)(5) for a dealer as defined in section 18-76.1, and two 23 hundred dollars ($200.00) for a pawnbroker, or secondhand dealer, and fifty dollars 24 ($50.00) for a junk dealer; provided, however, that if an applicant applies for an initial or 25 renewal permit as a dealer of precious metals and gems at the same time as the 26 applicant applies for an initial or renewal permit as a pawnbroker, junk dealer or 27 secondhand dealer, the applicant need only pay the three hundred dollar ($300.00) 28 permit fee. If the chief of police refuses to issue such permit, the applicant shall be 29 notified, in writing, of the reasons for the refusal and the applicant may appeal such 30 refusal to the city council within thirty (30) days from the date of such notice. 31 32 . . . . 33 34 Sec. 25.1-2. - Permit required; method of obtaining permit; no convictions of 35 certain crimes; approval of weighing devices; renewal; permanent location 36 required; bond required. 37 38 (a) No person shall engage in the activities of a dealer as defined in section 25.1-1 39 without first obtaining a permit from the Virginia Beach Police Department Pawn Unit. 40 41 (b) To obtain a permit, the dealer shall file an application form which includes the 42 dealer's full name, any aliases, address, age, date of birth, sex, and fingerprints; the 43 name, address, and telephone number of the applicant's employer, if any; and the 44 location of the dealer's place of business. The dealer shall include a valid copy of the 45 business lease agreement, or proof of building ownership, with the permit application. 46 Upon filing this application and the payment of - - -- . - -- - . - ''." the 47 application fee set forth in section 27-3(b)(5), the dealer shall be issued a permit by the 48 Chief of Police or his designee, provided that the applicant has not been convicted of a 49 felony or crime of moral turpitude within seven (7) years prior to the date of application 50 and has no such charges pending court disposition. The permit may be denied if the 51 applicant has been denied a permit or has had a permit revoked under any other local 52 ordinance or state statute similar in substance to the provisions of this chapter. 53 54 (c) Before a permit may be issued, the dealer must have all weighing devices used 55 in his business inspected and approved by local or state weights and measures officials 56 and present written evidence of such approval to the Virginia Beach Police Department 57 Pawn Unit. 58 59 (d) This permit shall be valid from the date issued through December 31st of the 60 issue year and may be renewed in the same manner as such permit was initially 61 obtained with an the annual permit fee set forth in section 27-3(b)(5) of three hundred 62 . No permit shall be transferable to any other location or individual. 63 64 (e) Every dealer at the time of obtaining such permit shall obtain and provide to the 65 City a bond secured by a corporate surety authorized to do business in this 66 Commonwealth, in the penal sum of ten thousand dollars ($10,000.00), conditioned 67 upon strict compliance with the terms of this chapter. In lieu of a bond, a dealer may 68 cause to be issued by a bank authorized to do business in the Commonwealth a letter 69 of credit in favor of the City for ten thousand dollars ($10,000.00). 70 71 (f) If the business of the dealer is not operated without interruption, with Saturdays, 72 Sundays, and recognized holidays excepted, the dealer shall notify the Virginia Beach 73 Pawn Unit of all closings and reopenings of such business. The business of a dealer 74 shall be conducted only from the fixed and permanent location specified in his 75 application for a permit. 76 77 . . . . 78 79 Sec. 27-3. - Authority of department to furnish copies of records, perform certain 80 services, etc., and fees therefor. 81 82 (a) The department of police is hereby authorized to release forensic photographs 83 after all criminal charges are resolved and when such release is provided by law, to 84 furnish photostatic copies of accident reports and offense reports, and to allow such 85 reports to be viewed by proper persons consistent with the provisions of the Virginia 86 Freedom of Information Act, Code of Virginia § 2.2-3700. 87 88 (b) The chief of police is hereby authorized to make record checks and reports (local 89 record only) and take fingerprints of individuals on request. For the processing of 90 applications for permits required by law, the following fees shall be charged: 91 92 (1) Record check and report by name (local) $ 15.00 93 (2) First fingerprint card requested by individuals 10.00 94 (3) Subsequent fingerprint cards requested by individuals 5.00 95 (4) Certificate for public convenience and necessity 50.00 96 (5) Precious metals permit 550.00 97 (6) Vendor permit 25.00 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: c�l' rd Police Department City A orne 's Office Police Chief James Cervera Senior City Attorney Dana Harmeyer CA13834 R-1 September 12, 2016 �p�l4 REgC yf f4 ';p1 2 iEl SV i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving the 2016 Plan of Financing with the City of Virginia Beach Development Authority, Approving Certain Documents Prepared in Connection with Such Financing and Authorizing the Execution and Delivery of the Same MEETING DATE: September 20, 2016 • Background: City Council through the Capital Improvement Program has previously authorized the financing of various public facilities with the utilization of Public Facility Revenue Bonds (PFRB) through the Virginia Beach Development Authority (VBDA). On nine occasions — 2002, 2003, 2005, 2007, 2010, 2012, 2013, 2014, and 2015 — the VBDA has issued bonds for such projects as the Convention Center, Sandler Center, Town Center Garages, Aquarium Parking, and various other City and Schools capital projects. This request includes both "new-money" and a refunding. Following IRS regulations, the new-money bond proceeds will reimburse previously authorized expenditures for CIP projects. The new-money projects totaling approximately $24 million are listed in the attachment to this Item. This Resolution authorizes up to $27 million in the event of unforeseen market conditions. With regard to refunding, the current interest rate environment allows the possibility of refunding all or portions of the taxable 2005B and 2007B PFRBs in an amount up to $9 million. Provided the current municipal bond market conditions continue, the refunding sale of the taxable 2005B and 2007B PFRBs is estimated to provide significant debt service savings. The exact amount and coupons of the issue to be refunded will be determined at a time closer to the sale date. • Considerations: It is anticipated that the VBDA will approve this issuance and sale at its September 20, 2016 meeting conditioned upon the Council's approval of the attached resolution. As with the previous series, the 2016 series will be issued under the Master Agreement of Trust. The Master Agreement of Trust will be supplemented with the attached Ninth Supplemental Agreement. Under the plan of financing, an Eighth Supplemental Support Agreement between VBDA and the City will outline the City's annual payments to VBDA in amounts sufficient to pay the debt service on the bonds. The new-money PFRB bonds and refunding bonds will be sold electronically, by competitive bid on October 18, 2016, on such terms as are satisfactory to the City Manager, provided that the bonds shall have a true interest cost not to exceed 3.5%. The final terms of the bond sale will be reported to City Council shortly after pricing. • Public Information: Public information will be handled through the normal Council agenda process. Additionally, the Resolution authorizes a distribution of the Preliminary Official Statement for marketing purposes, and a Notice of Sale will be placed in The Bond Buyer. ■ Alternatives: This request follows previously approved funding sources in previous Capital Budgets. Because the City will issue this debt on a reimbursement basis, an alternative funding source would be required if the use of PFRB financing is not approved, and there are no alternative funding sources at this time. ■ Attachments: Resolution; Draft of Ninth Supplemental Trust Agreement; Draft of Eighth Supplemental Support Agreement; Project List Recommended Action: Approval Submitting Dep. • a e •ency: Finance City Manager: RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing from time to time of projects for the acquisition, construction, renewal, upgrade, replacement and other improvements for various public facilities and equipment, including projects for public buildings and structures; public school facilities; public streets and roads and related infrastructure; computer and information technology systems; energy management and heating ventilation and cooling systems; communications systems and related hardware and software; public parks and other recreational facilities; and funding for strategic growth area programs (collectively, the "2016 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing certain of the Taxable Public Facility Revenue Bonds, Series 2005B and Series 2007B (collectively, the "Prior Bonds") previously issued by the Authority on behalf of the City to finance various public facilities; and WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its Public Facility Revenue Bonds, Series 2016A in the maximum principal amount of$27,000,000 (the "Series 2016A Bonds") and its Public Facility Refunding Revenue Bonds, Series 2016B in the maximum principal amount of$9,000,000 (the "Series 2016B Bonds" and collectively with the Series 2016A Bonds, the "Series 2016 Bonds") in financing the 2016 Projects, refinancing all or a portion of the Prior Bonds and paying costs of issuing the Series 2016 Bonds; and WHEREAS, the City desires to complete the financing of the 2016 Projects and refunding of the Prior Bonds on a schedule that necessitates approval by the Authority at its regularly scheduled September which precedes the September meeting of the City Council, and in furtherance of such objective, the Authority at its September 20, 2016 meeting, upon presentation of the City's proposed financing plan by representatives of the City, approved the issuance of the Series 2016 Bonds for such purposes, subject to approval of the financing plan by the City Council of the City (the "City Council"); and WHEREAS, there have been provided or made available to City Council of the City drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2016 Projects, the refunding of the Prior Bonds and the issuance and sale of the Series 2016 Bonds, which Documents were provided to the Authority in connection with the Authority's approval: (a) Ninth Supplemental Agreement of Trust draft dated November 1, 2016 (the "Ninth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as previously supplemented, including the form of the Series 2016 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2016 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Eighth Supplemental Support Agreement draft dated November 1, 2016, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2016 Bonds; (c) Preliminary Official Statement draft dated October [5], 2016, of the Authority relating to the public offering of the Series 2016 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft dated November 1, 2016, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2016 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. The following plan for financing the 2016 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2016 Bonds in a maximum aggregate principal amount not to exceed $36,000,000, of which not more than $27,000,000 will be used for the 2016 Projects and not more than $9,000,000 will be used for refunding the Prior Bonds. The Authority will use the proceeds of the Series 2016 Bonds to finance the costs of the 2016 Projects, to refund the Prior Bonds within the limitations set forth in paragraph (b) and Section 4 below and at the election of the City Manager to pay all or a portion of the costs of issuance of the Series 2016 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2016 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2016 Bonds will be limited to Annual Payments and Additional Payments received from the City. The Series 2016 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support 2 Agreement, all for the benefit of the holders of the Series 2016 Bonds. The undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations in amount sufficient for such purposes. The plan of financing for the 2016 Projects shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the City's financial advisor, Public Resources Advisory Group (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2016 Bonds, defeasance securities purchased with such proceeds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to make, the payments on the Series 2016 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; subject to the following: (a) With respect to the Series 2016A Bonds, such bonds (i) shall mature not later than December 1, 2036, (ii) have a true or "Canadian" interest cost not exceeding 3.50% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing after December 1, 2026, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date; and 3 (b) With respect to the Series 2016B Bonds, such bonds (i) shall mature not later than the final maturity date of the Prior Bonds being refunded, (ii) have a true or "Canadian" interest cost not exceeding 3.50% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof and (iv) shall not be subject to optional redemption prior to maturity. (c) The City Manager is further authorized to approve the principal amounts, maturity schedules and interest payment dates, including determination of any serial maturities and any term maturities, for the Series 2016 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2016 Bonds in one or more series at the same time or at different times as tax-exempt or taxable obligations, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (d) The Series 2016 Bonds shall be sold by competitive bid in one or more series in the principal amount determined by the City Manager, in collaboration with the Financial Advisor, and the City Manager shall receive bids and award the Series 2016 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraphs above. Following the sale of the Series 2016 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2016 Bonds. The actions of the City Manager in approving the terms of the Series 2016 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2016 Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2016 Bonds, within the limitations as set forth in Section 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and distribution thereof to the purchaser or purchasers of the Series 2016 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2016A Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on the Series 2016A Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision 4 of law that may require the City at any time to rebate to the Unites States of America any part of the earnings derived from the investment of the gross proceeds of the Series 2016A Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law after the Series 2016A Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post-Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2016A Bonds, including the use of the projects financed and refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements, and to ensure compliance with continuing disclosure requirements of federal securities law with respect to the Series 2016A Bonds and the Series 2016B Bonds, such officers are authorized and directed to apply the continuing disclosure procedures contained in such Compliance Policies and Procedures to such Series 2016A Bonds and Series 2016B Bonds. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2016 Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2016 Bonds, the undertaking of the 2016 Projects and the refinancing of the Prior Bonds are hereby approved and ratified. The City Manager is authorized to prepare, modify or amend such documents and agreements as may be required to evidence the approval of such other actions. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2016 Projects and refinancing of the Prior Bonds through the issuance by the Authority of the Series 2016 Bonds. 5 12. This Resolution shall take effect immediately. CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON SEPTEMBER 20, 2016. Clerk, City Council of the City of Virginia Beach, Virginia 6 Adopted by the City Council of the City of Virginia Beach, Virginia, this 20th day of September, 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL IENCY: Pa&a_Ze4 ,AI If Patti Phillips, Director .rme•er, Senior Finance Attorney Finance Department City Attorney's Office CA13807 R-1 September 9,2016 7 CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on September 20, 2016, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor M. Benjamin Davenport Robert M. Dyer Barbara M. Henley Shannon DS Kane John D. Moss Amelia N. Ross-Hammond John E. Uhrin / Rosemary Wilson James L. Wood / 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on September 20, 2016. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of September, 2016. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) 4810-4831-9030.2 8 NINTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY And U.S. BANK NATIONAL ASSOCIATION, as successor Trustee Dated as of November 1, 2016 TABLE OF CONTENTS Parties 1 Recitals 1 Granting Clause 1 ARTICLE I NINTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Ninth Supplemental Agreement. 2 Section 1-102. Definitions. 2 Section 1-103. Rules of Construction. 3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2016 BONDS Section 2-201. Authorization of Series 2016 Bonds. 4 Section 2-202. Details of Series 2016 Bonds. 4 Section 2-203. Form of Series 2016 Bonds. 5 Section 2-204. Securities Depository Provisions 5 Section 2-205. Delivery of Series 2016 Bonds. 6 ARTICLE III REDEMPTION OF SERIES 2016 BONDS Section 3-301. Redemption Date and Price. 6 Section 3-302. Selection of Series 2016 Bonds for Redemption. 7 Section 3-303. Notice of Redemption. 7 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2016 BONDS Section 4-401. Application of Proceeds of Series 2016 Bonds. 8 ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2016 Project Account. 8 Section 5-502. Series 2016 Refunding Account. 9 Section 5-503. Costs of Issuance Account. 9 ARTICLE VI SECURITY FOR SERIES 2016 BONDS Section 6-601. Security for Series 2016 Bonds. 9 ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. 9 Section 7-702. Limitation of Right. 9 Section 7-703. Severability. 10 Section 7-704. Successors and Assigns. 10 Section 7-705. Applicable Law. 10 Section 7-707. Counterparts. 10 Exhibit A—Form of Series 2016A Bond A-1 Exhibit B—Form of Series 2016B Bond B-1 Exhibit C—Prior public Facility Revenue Bonds Bonds C-1 Exhibit D—Refunded Prior Bonds D-1 ii This NINTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of November 1, 2016,by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a national banking association, having a corporate trust office in Richmond, Virginia, as trustee in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), pursuant to which the Authority has agreed to issue from time to time, and has issued under supplemental agreements of trust public facility revenue bonds or notes to finance or refinance the costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia Beach, Virginia(the "City); and WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the City has requested the Authority to issue public facility revenue bonds to finance the costs of the Series 2016 Projects (as hereinafter defined) and to refund for debt service savings certain of the Authority's Public Facility Revenue Bonds, Series 2005B (Federally Taxable) and Series 2007B (Federally Taxable) previously issued by the Authority to assist the City in financing various public facilities; and WHEREAS, among the public facility revenue bonds previously issued by the Authority, at the request of the City, there are currently outstanding $ in aggregate principal amount of such public facility revenue bonds as more particularly identified herein (collectively, the"Prior Public Facility Revenue Bonds"). WHEREAS, the Authority has agreed to issue its Public Facility Revenue Bonds, Series 2016A in the aggregate principal amount of $ , and its Public Facility Refunding Revenue Bonds, Series 2016B (Federally Taxable) in the aggregate principal amount of $ , with each of such Series 2016 Bonds being secured by a pledge of the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2016 Bonds by an Eighth Supplemental Support Agreement dated as of November 1, 2016 (collectively, the "Support Agreement"), between the Authority and the City, and the City has agreed, subject to the annual appropriation by the Council of the City, to make annual payments that will be sufficient to pay the principal of and premium, if any, and interest on such public facility revenue bonds as the same shall become due; and WHEREAS, the Authority has taken all necessary action to make the Series 2016 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Ninth Supplemental Agreement of Trust (the "Ninth Supplemental Agreement") a valid and binding agreement authorizing and providing for the details of the Series 2016 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I NINTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Ninth Supplemental Agreement. This Ninth Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2016 Bonds and to the holder thereof, except as otherwise provided in this Ninth Supplemental Agreement. Section 1-102. Definitions. Except as otherwise defined in this Ninth Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Ninth Supplemental agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Eighth Supplemental Support Agreement" shall mean the Eighth Supplemental Support Agreement dated as of November 1, 2016 between the City and the Authority. "Escrow Deposit Agreement" means the Escrow Deposit Agreement dated as of November [3], 2016 between the Authority and the Trustee in its capacity as escrow agent for the refunding of the Refunded Prior Bonds. "Letter of Representations" shall mean the Blanket Letter of Representations dated July 11, 1997, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2016 Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Ninth Supplemental Agreement" shall mean this Ninth Supplemental Agreement of Trust between the Authority and the Trustee, which supplements and amends the Master Agreement of Trust. "Prior Public Facility Revenue Bonds" shall mean the currently outstanding public facility revenue bonds previously issued pursuant to the Master Indenture and certain supplements thereto described in Exhibit C. 2 "Project" or "Projects" shall have the meaning set forth in the Support Agreement. "Refunded Prior Bonds" means the maturities of the Taxable Public Facility Revenue Bonds, Series 2005B and Series 2007B described in Exhibit D to this Ninth Supplemental Agreement. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2016 Bonds appointed pursuant to Section 2-204, and their successors. "Series 2016 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2016A and $ Public Facility Refunding Revenue Bonds, Series 2016B (Federally Taxable), authorized to be issued pursuant to this Ninth Supplemental Agreement. "Series 2016 Projects" shall mean have the meaning set forth in the Eighth Supplemental Support Agreement. "Series 2016 Project Account" shall mean the Series 2016 Project Account established in Section 5-501 of this Ninth Supplemental Agreement. Section 1-103. Rules of Construction. The following rules shall apply to the construction of this Ninth Supplemental Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Series 2016 Bonds shall not be deemed to refer to or connote the payment of Series 2016 Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Ninth Supplemental Agreement. (d) The headings herein and Table of Contents to this Ninth Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Ninth Supplemental Agreement nor shall they affect its meaning, construction or effect (e) All references herein to payment of Series 2016 Bonds are references to payment of principal of and interest on the Series 2016 Bonds. 3 ARTICLE II AUTHORIZATION,DETAILS AND FORM OF SERIES 2016 BONDS Section 2-201. Authorization of Series 2016 Bonds. There are hereby authorized to be issued Public Facility Revenue Bonds, Series 2016A in the aggregate principal amount of$ and Public Facility Refunding Revenue Bonds, Series 2016B (Federally Taxable) in the aggregate principal amount of $ , the proceeds of which to be applied in accordance with Article IV hereof to finance the costs of the Series 2016 Projects, refund the Refunded Prior Bonds, and pay costs incident to issuing the Series 2016 Bonds. Section 2-202. Details of Series 2016 Bonds. (a) The Series 2016A Bonds shall be designated "Public Facility Revenue Bonds, Series 2016A," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of$5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2016A Bonds shall bear interest at rates, payable semiannually on each May 1 and November 1, beginning May 1, 2017, and shall mature in installments on November 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 (b) The Series 2016B Bonds shall be designated "Public Facility Refunding Revenue Bonds, Series 2016B (Federally Taxable)," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of$5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2016B Bonds shall bear interest at rates, payable semiannually on each May 1 and November 1, beginning May 1, 2017, and shall mature in installments on May 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2017 2023 2018 2024 2019 2025 4 2020 2026 2021 2027 2022 2028 (c) Each Series 2016 Bond shall bear interest (a) from its date, if such Series 2016 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2016 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2016 Bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (d) Principal of the Series 2016 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2016 Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2016 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the fifteenth day of the month preceding each interest payment date; provided, however, if the Series 2016 Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2016 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). If the nominal date for making any payment on the Series 2016 Bonds is not a Business Day, the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest shall be payable in lawful money of the United States of America. Section 2-203. Form of Series 2016 Bonds. The Series 2016A Bonds shall be in substantially the form set forth in Exhibit A and the Series 2016B Bonds shall be in substantially the form set forth in Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Ninth Supplemental Agreement Section 2-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2016 Bonds will be issued and registered to the Securities Depository, or its nominee. The Authority has entered into a Letter of Representations relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2016 Bonds. In the event that (a) the securities Depository determines not to continue to act as a securities depository for the Series 2016 Bonds by giving notice to the Trustee and the Authority discharging its responsibilities hereunder or (b) the Authority, at the direction of the City, determines (1) that beneficial owners of Series 2016 Bonds shall be able to obtain certificated Series 2016 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2016 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially 5 in the form provided for in Exhibit A or Exhibit B, as applicable; provided, however, that such form shall provide for interest on the Series 2016 Bonds to be payable (i) from its dated date if it is authenticated prior to the first interest payment date or (ii) otherwise from the interest payment date that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2016 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2016 Bonds, the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2016 Bonds will be registerable, transferable and exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust. So long as there is a Securities Depository for the Series 2016 Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2016 Bonds, (B) notwithstanding anything to the contrary in this Ninth Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Ninth Supplemental Agreement to registered holder(s) of the Series 2016 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2016 Bonds and (E) in the event of any inconsistency between the provisions of this Ninth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 2-205. Delivery of Series 2016 Bonds. The Trustee shall authenticate and deliver the Series 2016 Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2016 BONDS Section 3-301. Redemption Date and Price. Optional Redemption. The Series 2016A Bonds may not be called for redemption by the Authority except as follows. The Series 2016A Bonds maturing on or after November 1, 2027 may be redeemed by the Authority, at the direction of the City, on or after November 1, 2026, in whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2016A Bonds to be redeemed plus interest accrued to the redemption date. The Series 2016B Bonds may not be called for redemption by the Authority. 6 Section 3-302. Selection of Series 2016 Bonds for Redemption. If less than all of the Series 2016 Bonds are called for redemption, the maturities of the Series 2016 Bonds to be redeemed shall by selected by the Authority as directed by the City. If less than all of a particular maturity of the Series 2016 Bonds are called for redemption, the Series 2016 Bonds to be redeemed shall be selected by the Securities Depository or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2016 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof In selecting Series 2016 Bonds for redemption, each Series 2016 Bond shall be considered as representing that number of Series 2016 bonds which is obtained by dividing the principal amount of such Series 2016 Bonds by $5,000. If a portion of a Series 2016 Bond shall be called for redemption, a new Series 2016 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof Section 3-303. Notice of Redemption. The Trustee, upon being satisfied as to the payment of its expenses and upon receiving the notice of redemption from the Authority not less than 45 days prior to the redemption date, shall send notice of the call for redemption, identifying the Series 2016 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to DTC, or if DTC is no longer serving as securities depository for the Series 2016 Bonds, to the substitute securities depository, or if no securities depository exists, to the respective holders of each Series 2016 Bond to be redeemed at the holder's address as it appears on the registration books kept by the Trustee, (b) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories and (c) to each nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. In preparing and delivering such notice, the Trustee shall take into account, to the extent applicable, the prevailing tax-exempt securities industry standards and any regulatory statement of any federal or state administrative board having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and Exchange Commission or any subsequent amending or superseding release. Failure to give any notice specified in (a) above, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 2016 Bond with respect to which no such failure or defect has occurred. Failure to give any notice specified in (b) or (c) above, or any defect herein, shall not affect the validity of any proceedings for the redemption of any Series 2016 Bonds with respect to which the notice specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively be presumed to have been given whether or not actually received by any Series 2016 Bondholder. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or(2) the Authority, as directed by the City, retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a 7 "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption in (2) above may be rescinded at any time prior to the redemption date if the Authority delivers a written direction to the Trustee directing the Trustee to rescind the redemption notice and any funds deposited with the Trustee in connection with such rescinded redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission to the affected Series 2016 Bondholders. Any Series 2016 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the failure of the Authority to make funds available on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2016 Bondholders that the redemption did not occur and that the Series 2016 Bonds called for redemption and not so paid remain outstanding. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2016 BONDS Section 4-401. Application of Proceeds of Series 2016 Bonds. (a) The proceeds of the Series 2016A Bonds in the amount of$ shall be deposited into the Series 2016 Project Account in the Project Fund, including the good faith deposit ($ ) previously received by the City from the purchaser of the Series 2016A Bonds. [Of such amount, $ , for reimbursement of prior expenditures for Series 2016 Projects shall be transferred upon receipt by the Trustee to the City in accordance with instructions provided by the City, and the balance $ , shall be deposited with the State Non-Arbitrage Program and credited to the Series 2016 Project Account unless otherwise directed by the City.] (b) The proceeds of the Series 2016B Bonds in the amount of $ including the good faith deposit ($ ) previously received by the City from the purchaser of the Series 2016B Bonds, shall be deposited by the Trustee upon receipt under the Escrow Deposit Agreement for which the Trustee serves as escrow agent to effect the refunding of the Refunded Prior Bonds. (c) The remaining balance of the Series 2016A Bonds ($ ) and Series 2016B Bonds ($ ) shall be applied by the City to Costs of Issuance of the Series 2016A Bonds and Series 2016B Bonds, respectively, or to additional 2016 Project costs. ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2016 Project Account. There shall be established within the Project Fund a special account entitled "Series 2016 Project Account" to be funded as specified in Section 4-401(a). Money in the Series 2016 Project 8 Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay or reimburse Series 2016 Project costs. Section 5-502. Series 2016 Refunding Account. There shall be established a special account entitled "Series 2016 Refunding Account." The portion of the proceeds of the Series 2016B Bonds specified in Section 4-401(b) shall be deposited by the Trustee under the Escrow Deposit Agreement and accounted for within such refunding account. Section 5-503. Costs of Issuance Account. There is hereby established in the Project Fund a "Series 2016 Bond Costs of Issuance Account" into which the proceeds of the Series 2016A Bonds and 2016B Bonds specified in Section 4-401(c) shall be deposited in separate subaccounts for each such series. Such accounts will be used as directed in such section to pay issuance costs of the Series 2016 Bonds or applied to pay or reimburse Series 2016 Project costs. ARTICLE VI SECURITY FOR SERIES 2016 BONDS Section 6-601. Security for Series 2016 Bonds. The Series 2016 Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's Prior Public Facility Revenue Bonds and any other series of public facility revenue bonds issued pursuant to Article III of the Master Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. The Authority intends that interest on the Series 2016A Bonds shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2016A Bonds not to take any action that would adversely affect, and to take all action within its power necessary to maintain, the exclusion of interest on all Series 2016A Bonds from gross income for Federal income taxation purposes. Section 7-702. Limitation of Right. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Ninth Supplemental Agreement or the Series 2016 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2016 Bonds any legal or equitable right, remedy or claim under or in respect to this 9 Ninth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Ninth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Bonds as herein provided. Section 7-703. Severability. If any provision of this Ninth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Ninth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 7-704. Successors and Assigns. This Ninth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7-705. Applicable Law. This Ninth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 7-706. Patriot Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a Trust or other legal entity the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 7-707. Counterparts. This Ninth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 10 IN WITNESS WHEREOF, the Authority and the Trustee have caused this Ninth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: Acknowledged and Consented To: CITY OF VIRGINIA BEACH, VIRGINIA, By: Title: 11 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2016A INTEREST RATE MATURITY DATE DATED DATE CUSIP November 1, November 3,2016 927734 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each May 1 and November 1, beginning May 1, 2017 at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from November 3, 2016, if this bond is authenticated prior to May 1, 2017, or (b) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear A-1 interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Series 2016A Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2016A (the "Series 2016A Bonds") and $ Public Facility Refunding Revenue Bonds, Series 2016B (Federally Taxable) (the "Series 2016B Bonds" and, collectively, the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as further supplemented with respect to the Series 2016 Bonds by a Ninth Supplemental Agreement of Trust dated as of November 1, 2016 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2016 Bonds by an Eighth Supplemental Support Agreement dated as of November 1, 2016 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's [$9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B], its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B, its $40,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,00 Public Facility Revenue Bonds, Series 2012A, its $25,640,000 Public Facility Refunding Revenue A-2 Bonds, Series 2012B, its $20,960,000 Public Facility Revenue Bonds, Series 2013A, its $44,975,000 Public Facility Revenue Bonds, Series 2014A, its $20,320,000 Public Facility Refunding Revenue Bonds, Series 2014B, its $48,245,000 Public Facility Revenue Bonds, Series 2015A and its $34,885,000 Public Facility Refunding Revenue Bonds, Series 2015B (collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City and to refund certain of the Parity Bonds. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. A-3 The Series 2016A Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Series 2016A Bonds maturing on or after November 1, 2027, may be redeemed prior to their respective maturities on or after November 1, 2026, at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Series 2016A Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Series 2016A Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the Series 2016A Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2016A Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof. In selecting Series 2016A Bonds for redemption, each Bond shall be considered as representing that number of Series 2016A Bonds which is obtained by dividing the principal amount of such Series 2016A Bond by$5,000. If any of the Series 2016A Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Series 2016A Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Series 2016A Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or(2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Series 2016A Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book-entry system is discontinued, to the registered owners of this bond. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Series 2016A Bonds are issuable as registered bonds in the denomination of$5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the A-4 corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the fifteenth day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. A-5 IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: Secretary A-6 CERTIFICATE OF AUTHENTICATION Date Authenticated: November , 2016 This bond is one of the Series 2016A Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Officer A-7 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE • The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. A-8 EXHIBIT B Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Refunding Revenue Bond, Series 2016B (Federally Taxable) INTEREST RATE MATURITY DATE DATED DATE CUSIP May 1, November 3, 2016 927734 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each May 1 and November 1, beginning May 1, 2017 at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from November 3, 2016, if this bond is authenticated prior to May 1, 2017, or (b) otherwise from the May 1 or November 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear B-1 interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Series 2016B Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2016A (the Series 2016A Bonds") and $ Public Facility Refunding Revenue Bonds, Series 2016B (Federally Taxable) (the "Series 2016B Bonds" and, collectively, the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as previously supplemented and as further supplemented with respect to the Series 2016 Bonds by a Ninth Supplemental Agreement of Trust dated as of November 1, 2016 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended in connection with the issuance of each series of Prior Public Facility Revenue Bonds by supplemental support agreements, and with respect to the Series 2016 Bonds by an Eighth Supplemental Support Agreement dated as of November 1, 2016 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's [$9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B], its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B, its $40,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,00 Public Facility Revenue Bonds, Series 2012A, its $25,640,000 Public Facility Refunding Revenue B-2 Bonds, Series 2012B, its $20,960,000 Public Facility Revenue Bonds, Series 2013A, its $44,975,000 Public Facility Revenue Bonds, Series 2014A, its $20,320,000 Public Facility Refunding Revenue Bonds, Series 2014B, its $48,245,000 Public Facility Revenue Bonds, Series 2015A and its $34,885,000 Public Facility Refunding Revenue Bonds, Series 2015B (collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City and to refund certain of the Parity Bonds. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY AND RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Series 2016B Bonds may not be called for redemption by the Authority. B-3 The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Series 2016B Bonds are issuable as registered bonds in the denomination of$5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the fifteenth day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: B-4 Secretary B-5 CERTIFICATE OF AUTHENTICATION Date Authenticated: November , 2016 This bond is one of the Series 2016B Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Officer B-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE • • The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. B-7 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OUTSTANDING PRIOR PUBLIC FACILIY REVENUE BONDS* [$9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B] $96,835,000 Public Facility Revenue Bonds, Series 2007A $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B $17,000,000 Public Facility Revenue Bonds, Series 2010A $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B $40,450,000 Public Facility Refunding Revenue Bonds, Series 2010C $22,580,000 Public Facility Revenue Bonds, Series 2012A $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B $20,960,000 Public Facility Revenue Bonds, Series 2013 $44,975,000 Public Facility Revenue Bonds, Series 2014A $20,320,000 Public Facility Refunding Revenue Bonds, Series 2014B $48,245,000 Public Facility Revenue Bonds, Series 2015A $34,885,000 Public Facility Refunding Revenue Bonds, Series 2015B *[to be updated to reflect prior bonds outstanding prior after issuance of the Series 2016 Bonds.] C-1 EXHIBIT D CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY SUMMARY OF REFUNDED PRIOR BONDS BASE CUSIP NUMBER: 92774G Maturity CUSIP Interest Par Call Call Bonds Date Number Rate Amount Date Price Taxable Public Facility 5/1/2020 CY9 5.000% $2,005,000 11/3/2016 100% Revenue Bonds, Series 5/1/2025 CZ6 5.000 3,140,000 11/3/2016 100% 2005B $5,145,000 Taxable Public Facility 7/15/2018 EG6 6.000% $195,000 7/15/2017 100% Revenue Bonds, Series 7/15/2023 EH4 6.300 1,175,000 7/15/2017 100% 2007B 7/15/2027 EJO 6.400 1,250,000 7/15/2017 100% $2,620,000 4823-4986-9622.3 D-1 EIGHTH SUPPLEMENTAL SUPPORT AGREEMENT between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH,VIRGINIA Dated as of November 1, 2016 NOTE: THIS EIGHTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, AS PREVIOUSLY SUPPLEMENTED AND AS FURTHER SUPPLEMENTED BY AN NINTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF NOVEMBER 1, 2016, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT RICHMOND,VIRGINIA. TABLE OF CONTENTS Parties 1 Recitals 1 Granting Clauses 1 ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions 2 Section 1.2 Rules of Construction 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority 4 Section 2.2 Representations by City 4 ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2016 Bonds 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable 5 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption 6 ARTICLE VI SERIES 2016A ARBITRAGE REBATE FUND Section 6.1 Series 2016A Arbitrage Rebate Fund 7 Section 6.2 Rebate Requirements 7 Section 6.3 Calculation and Report of Rebate Amount 7 Section 6.4 Payment of Rebate Amount 7 Section 6.5 Reports by Trustee 8 Section 6.6 Disposition of Balance in Series 2016A Arbitrage Rebate Fund 8 ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants 8 Section 7.2 Post-Issuance Compliance 9 Section 7.3 Severability 9 Section 7.4 Successors and Assigns 9 Section 7.5 Counterparts 9 Section 7.6 Governing Law 9 Signatures 10 Receipt 11 Exhibit A— Schedule of Payments A-1 Exhibit B —Description of Series 2016 Projects B-1 Exhibit C—Administrative Fee Schedule C-1 ii THIS EIGHTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of November 1, 2016, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia(the "City"), provides: WITNESSETH: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act"); and WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the Act,to finance or refinance and lease facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, the City desires to undertake a program of financing or refinancing the acquisition, construction and equipping of various public facilities that the City determines to undertake from time to time; and WHEREAS, in furtherance of the purposes of the Act, the City has requested the Authority to undertake one or more series of Projects (as defined in the Support Agreement, as hereinafter defined), and the Authority has determined to issue from time to time its public facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs incurred in connection with such Projects and costs of issuing such bonds pursuant to the terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented in connection with previously issued Prior Public Facility Revenue Bonds (herein defined), and as further supplemented in connection with the Series 2016 Bonds (herein defined) by a Ninth Supplemental Agreement of Trust dated as of November 1, 2016, all between the Authority and the Trustee (collectively, the "Agreement of Trust"); and WHEREAS, in furtherance of the purposes of the Act,Authority has agreed to loan from time to time proceeds of such bonds to the City, and the City has agreed to repay such loans, subject to appropriation by the City council of sufficient moneys for such purpose pursuant to a support agreement between the City and the Authority dated as of September 1, 2003 (the "Master Support Agreement"), as previously supplemented and amended in connection with each prior series of public facility revenue bonds; and WHEREAS, within the limitations and in compliance with the Agreement of Trust, the City has requested the Authority to issue a series of Public Facility Revenue Bonds in the aggregate principal amount of$ and a series of Public Facility Refunding Revenue Bonds in the aggregate principal amount of $ (collectively, the "Series 2016 Bonds") and to loan such proceeds to the City pursuant to the terms of this Eighth Supplemental Support Agreement to finance the cost of the Series 2016 Projects (as such term is hereinafter defined) and to refund certain of the Authority's Taxable Public Facility Revenue Bonds, Series 2005B and Series 2007B previously issued by the Authority to assist the City in financing various public facilities; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Eighth Supplemental Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Eighth Supplemental Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions. Unless otherwise defined in this Eighth Supplemental Support Agreement, all words used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Support Agreement. The following words as used in this Eighth Supplemental Support Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Agreement of Trust" shall mean the Agreement of Trust dated as of September 1, 2003, as previously supplemented, and as further supplemented with respect to the Series 2016 Bonds by the Ninth Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Eighth Supplemental Support Agreement" shall mean this Eighth Supplemental Support Agreement dated as of November 1, 2016, between the Authority and the City, which supplements the Master Support Agreement. "Master Support Agreement" shall mean the Support Agreement dated as of September 1, 2003, between the Authority and the City. "Ninth Supplemental Agreement of Trust" shall mean the Ninth Supplemental Agreement of Trust dated as of November 1, 2016,between the Authority and the Trustee, which supplements the Agreement of Trust. 2 "Prior Public facility Revenue Bonds" means the previously issued and outstanding public facility revenue bonds shown in Exhibit A. "Refunded Prior Bonds" shall mean the maturities of the Authority's Taxable Public Facility Revenue Bonds, Series 2005B and Series 2007B described in the Ninth Supplemental Agreement of Trust. "Series 2016 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2016A and $ Public Facility Refunding Revenue Bonds, Series 2016B (Federally Taxable), authorized to be issued pursuant to the Ninth Supplemental Agreement of Trust. "Series 2016 Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects as set forth on Exhibit B. "Series 2016A Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Support Agreement" shall mean the Master Support Agreement, as previously supplemented and amended, and as supplemented and amended by this Eighth Supplemental Support Agreement. Section 1.2 Rules of Construction. The following rules shall apply to the construction of this Eighth Supplemental Support Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Bonds shall not be deemed to refer to or connote the payment of Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Eighth Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Eighth Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Eighth Supplemental Support Agreement nor shall they affect its meaning, construction or effect. (e) All references herein to payment of Bonds are references to payment of principal of and premium, if any, and interest on the Bonds. 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; (b) Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements. (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to issue and sell its bonds. Section 2.2 Representations by City. The City makes the following representations: (a) The City is a political subdivision of the Commonwealth of Virginia; (b) The City has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements; 4 (c) The City is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The City is not in default under or in violation of, and the execution, delivery and compliance by the City with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the City or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the City with the terms and conditions of the Basic Agreements to which it is a party; and (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the City pending or, to the knowledge of the City, threatened with respect to (1) the authority of the City to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance Agreements, or(3) the ability of the City to undertake the Series 2016 Projects. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2016 Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2016 Bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable. The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall 5 pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto on or before the due dates set forth in such exhibit. The Annual Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee. Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010 between the Authority and the City, the parties agreed to fix the Authority's administrative fee payable by the City for all existing public facility revenue bonds and any public facility revenue bonds to be issued in the future in accordance with the fee schedule attached to such agreement (the "Former Fee Schedule"). Pursuant to the Seventh Supplemental Support Agreement dated as of June 1, 2015, entered into in connection with the Authority's Public Facility Revenue Bonds, Series 2015 (the "Series 2015 Bonds") issued at the request of the City, the Authority and the City have agreed upon a new administrative fee schedule for such public facility revenue bonds which is attached as Exhibit C. The fee schedule in Exhibit C became effective as of June 25, 2015, the date of issuance of the Series 2015 Bonds, and applies to all previously issued and outstanding public facility revenue bonds, the Series 2015 Bonds and any public facility revenue bonds to be issued in the future. All prior support agreements between the Authority and the City were amended by replacing the Former Fee Schedule with the schedule in Exhibit C, such amendments becoming effective on the date of issuance of the Series 2015 Bonds. ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption. The City, on behalf of the Authority, shall have the option to prepay an Annual Payment at the times and in the amounts as necessary to exercise its option to cause any Series 2016 Bonds subject to optional redemption to be redeemed as set forth in such Series 2016 Bonds. Such prepayments of Annual Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of such Series 2016 Bonds in accordance with the terms thereof. Upon the exercise of such option, the City shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2016 Bonds on the date or dates of their redemption. The City, on behalf of the Authority, shall give the Trustee notice of any redemption of such Series 2016 Bonds at least 15 days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption date, the principal amount of Series 2016 Bonds to be redeemed, the premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is to be made. 6 ARTICLE VI SERIES 2016A ARBITRAGE REBATE FUND Section 6.1 Series 2016A Arbitrage Rebate Fund. There is hereby established the City of Virginia Beach, Virginia, Series 2016A Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2016A Arbitrage Rebate Fund") to be held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support Agreement, the City shall deposit moneys in the Series 2016A Arbitrage Rebate Fund from time to time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may establish separate accounts in the Series 2016A Arbitrage Rebate Fund for such payments. Section 6.2 Rebate Requirements. Except with respect to earnings on funds and accounts qualifying for any exceptions to the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in the Series 2016A Arbitrage Rebate Fund, the Rebate amount to the United States of America, as and when due, in accordance with Section 148(f) of the code, as provided in this Article, and shall retain records of all such determinations until four years after payment of the Series 2016A Bonds. Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects November 1 as the end of the bond year with respect to the Series 2016A Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date which is the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2016A Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation (the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or(2) a bona fide arbitrage rebate calculation reporting service. Section 6.4 Payment of Rebate Amount. Not later than 60 days after the initial installment computation date, the City shall pay solely from amounts in the Series 2016A Arbitrage Rebate Fund to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date or on or before 60 days after every fifth anniversary date thereafter until final payment of the Series 2016A Bonds, the City shall pay to the United States of America not less than the 7 amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2016A Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2016A Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made solely from amounts in the Series 2016A Arbitrage Rebate Fund. Notwithstanding any provision of the Support Agreement to the contrary, no such payment shall be made if the City receives and delivers to the Trustee and the Authority an opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in order to prevent the Series 2016A Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (b) such payment should be calculated and paid on some alternative basis under the code, and the City complies with such alternative basis. The Authority covenants that, if so requested by the City, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the City. The City shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the City, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.5 Reports by Trustee. The Trustee shall provide the City within 10 days after each November 1 and within 10 days after the final payment of the Series 2016A Bonds with such reports and information with respect to earnings of amounts held under the Agreement of Trust as may be requested by the City in order to comply with the provisions of this Article. Section 6.6 Disposition of Balance in Series 2016A Arbitrage Rebate Fund. After each payment required in Section 6.4 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2016A Arbitrage Rebate Fund shall be retained by the City and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants. The City covenants not to permit the proceeds of the Series 2016A Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a 8 governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that any such covenants need not be complied with to prevent the interest on the Series 2016A Bonds from being includable in the gross income for Federal income tax purposes under existing law, the City need not comply with such covenants. Section 7.2 Post-Issuance Compliance. After the Series 2016A Bonds are issued, the City covenants to monitor the use of the proceeds of such bonds, and the projects financed or refinanced with such bonds, and requirements related to arbitrage yield restriction and rebate with respect to such bonds under the City's Post-Issuance Compliance Policy and Procedures (the "Policy") for tax-advantaged governmental purpose bonds adopted by resolution of the City Council on March 13, 2012. In any instance of noncompliance detected through application of the Policy, the City covenants to take corrective action in accordance with the Policy, and to notify the Authority of the matter and corrective action taken or to be taken. The Authority agrees to cooperate with the City in any instance where action of the Authority may be required in connection with the City's corrective action. Section 7.3 Severability. If any provision of this Eighth Supplemental Support Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof Section 7.4 Successors and Assigns. This Eighth Supplemental Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7.5 Counterparts. This Eighth Supplemental Support Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 7.6 Governing Law. This Eighth Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. [REMAINDER OF PAGE INTENIONALLY LEFT BLANK] 9 IN WITNESS WHEREOF, the parties have caused this Eighth Supplemental Support Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chairman CITY OF VIRGINIA BEACH,VIRGINIA By: City Manager Seen and agreed to: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: 10 RECEIPT Receipt of the foregoing original counterpart of the Eighth Supplemental Support Agreement dated as of November 1, 2016, between the City of Virginia Beach Development Authority and the City of Virginia Beach, Virginia, is hereby acknowledged. U.S. BANK, NATIONAL ASSOCIATION, as Trustee By: Title: 11 City of Virginia Beach Development Authority Exhibit A Public Facility Revenue and Refunding Revenue Bond Schedule of Payments [TO BE PROVIDED UPON PRICING OF SERIES 2016 BONDS] A-1 EXHIBIT B DESCRIPTION OF SERIES 2016 PROJECTS The following sets forth brief descriptions of the City projects to be financed in whole or in part with public facility revenue bonds ("PFRB") of the Authority, and the amount of each project to be financed with proceeds of the Public Facility Revenue Bonds, Series 2016A: Projects to be Financed with Public Facility Revenue Bonds Project/ Total Total PFRB Series Fund Project Name Description Programmed Planned 2016A Number Cost Financing Bonds 1-035 John B.Dey This project is for the modernization of John $23,289,241 $16,402,241 $1,000,421 Elementary School B.Dey Elementary School. Modernization 2-025 Witchduck Road— This project will improve capacity needs and $60,594,239 $7,582,730 $3,663,534 Phase II mobility demands in this area of the City. Traffic volumes per day are anticipated to reach 64,000 by 2034. 2-038 Rosemont Road— This project is for the construction of a four- $15,768,500 $6,884,393 $634,361 Phase V lane divided roadway from Primrose Lane/Harbringer Road to Dam Neck Road, and will include a continuous 10-foot wide sidewalk along the east side of the corridor. This project also includes the upgrade of three existing traffic signals at Buckner Boulevard, Faculty Boulevard/Celtic Drive, and Concert Drive. 2-045 Pacific Avenue This project provides for the improvements to $17,330,000 $17,330,000 $2,325,434 Improvements Pacific Avenue between 17th Street and 22nd street within the existing right-of-way, to include undergrounding of existing overhead utilities and public utility upgrades. In addition, new LED street lighting and traffic light signal mast arms will be installed. 2-050 Landstown Road This project is for the widening of the existing $7,334,000 $3,021,003 $403,826 Improvements Landstown Road to a four-lane undivided roadway with 4-footwide paved shoulders, open swale ditches, street lights and an 8- footwide asphalt path from its intersection with Landstown Centre Way south to the bend in Landstown Road. Existing aerial distribution lines will be relocated underground and existing aerial transmission lines will remain in current overhead locations. B-1 Project/ Total Total PFRB Series Fund Project Name Description Programmed Planned 2016A Number Cost Financing Bonds 2-072 First Colonial This project will improve the First Colonial $29,959,836 $3,409,085 $2,909,321 Road/Virginia Beach Rd/Va. Beach Blvd intersection with the Boulevard addition of turn lanes and traffic signalization Intersection improvements, widening areas of First Improvements Colonial Rd. from I-264 overpass to 1,000 feet south of Potters Road along Oceana Blvd from four lanes to six lanes. 2-078 Sandbridge Road— This project is for the construction of Nimmo $1,732,000 $600,000 $600,000 Nimmo VII-A Parkway Phase VIIA, as a two-lane roadway with shoulders, extending from Sandpiper Road to approximately 1.1 mile west of Sandpiper Road. The project represents the first phase of Nimmo Parkway Phase VII, which has limits from Sandpiper Road to Atwoodtown Road. 2-088 West Neck Road— This project is for the design and construction $10,964,244 $1,800,000 $108,462 Phase IV of a two-lane undivided parkway from Kellam High School to the end of the curve adjacent to the Fountain property, a distance of 5,750 feet.This project will provide paved shoulders for cyclists, pedestrian accommodations and drainage swales. 2-108 Light Rail Corridor This project will fund the design,construction, $17,686,000 $17,686,000 $91,779 Shared-Use Path right-of-way acquisition (if needed) and site furnishings required to create a shared-use pathway within and/or along the former Norfolk-Southern right-of-way in conjunction with the light rail extension project to provide additional modes of transportation. 2-158 Holland Road— This project is for construction of a four-lane $9,079,300 $1,543,958 $1,543,958 Phase VI(VDOT) divided highway on a 100-foot right-of-way width from Dam Neck Road to Nimmo Parkway-PhaseV, and will include sidewalks, aesthetic treatments, street lighting, and landscaping. Existing aerial utilities will be relocated to a combination of new underground and overhead locations. 2-195 Princess Anne Road This project is for construction of a four-lane $40,073,163 $4,762,324 $251,543 —Phase VII divided roadway with a bike path, from General Booth Blvd to Fisher Arch., a distance of approximately 1.25 miles. Improvements at the intersections of General Booth Blvd, Elson Green Ave. and Upton Dr./Sandbridge Rd. are included as well as aesthetic upgrades. B-2 Project/ Total Total PFRB Series Fund Project Name Description Programmed Planned 2016A Number Cost Financing Bonds 2-409 Centerville Turnpike This project is for the construction of a four- $38,194,743 $10,869,000 $1,043,738 —Phase II lane divided highway within a 130 foot right- of-way from Indian River Road to Kempsville Road, and will provide improvements at the Kempsville Road and Indian River Road intersections, including triple left turn lanes onto Indian River Road from Centerville Turnpike, sidewalk, dedicated on-road bike lanes, landscaping, and relocation of existing aerial utilities to a new overhead location. 3-019 Adam Thoroughgood This project will expand the Adam $2,244,826 $1,981,657 $651,130 House Visitor Center Thoroughgood House site with the Construction construction of a 3,000 square foot building that will include ADA compliant public rest rooms, a small gift shop, a video viewing area for mobility impaired patrons, an office for staff, collections storage, and an exhibit/education space. 3-028 Aquarium Marsh This project will enhance the Aquarium Marsh $11,616,580 $850,000 $345,340 Pavilion Pavilion and include the creation of children Enhancements exhibit play areas, an Animal Conservation/Veterinary Care Exhibit, a more welcoming entrance, easier and more interesting travel between buildings, landscape enhancements, visitor amenities such as a small cafe, refurbishment of the Pavilion's gift store,support areas&theater. 3-095 CIT-Police Integrated This project implements the Criminal Justice $16,396,385 $2,989,807 $2,780,390 Public Safety Record Automated Systems Analysis. It is an Management System integrated Public Safety Record Management System comprising mobile and electronic summons components and enhanced interfacing between the City's public safety agencies and State, Federal, and regional public safety systems. 3-137 Various Buildings This project provides rehabilitation and $24,518,329 $2,051,964 $1,108,211 Rehabilitation and renewal of interior and exterior systems for Renewal III City owned buildings/facilities. It addresses a backlog of original roofs,which were installed from 1968 to 1984. It excludes roofs for fire stations and parks and recreations facilities, which are included in separate projects. It includes rehabilitation and replacement of the Fire Training Center's existing facility and libraries. B-3 Project/ Total Total PFRB Series Fund Project Name Description Programmed Planned 2016A Number Cost Financing Bonds 3-200 Revenue Assessment This project provides for a comprehensive and $11,924,799 $2,446,720 $290,605 and Collection coordinated replacement of computer systems System currently used to support tax revenue and collection. 3-344 Police Fourth This project provides a 17,000 square foot $8,007,206 $4,334,156 $260,449 Precinct— replacement facility for the existing 6,017 Replacement square foot facility at its current location, 840 Kempsville Road to include required parking and storage facilities. 3-503 Housing Resource This project is to construct an approximately $29,963,792 $2,313,666 $2,025,672 Center 62,000 square foot Housing Resource Center that would provide shelter and services to homeless persons and those at risk of homelessness. In addition, some services may be available for the general community. 9-006 Winston-Salem This project will provide funding for design, $8,320,000 $865,000 $119,974 Avenue property acquisition and construction of a Improvements two-lane roadway with on-street parking and five foot wide walkway on the north side, a nine foot wide walkway on the south side, LED street lighting, and landscaping consisting of trees, shrubs, and grasses within a sixty foot right-of-way along Winston- Salem Ave. between Pacific Ave. and Mediterranean Ave. 9-008 Historic Kempsville This project will address and coordinate a $2,500,000 $346,693 $346,693 number of related issues and opportunities to help support this redevelopment effort in the area generally surrounding the Princess Anne Road, Kempsville Road, and South Witchduck Road intersection to provide open space amenities, enhanced historic preservation and interpretation efforts, and help to better integrate adjoining neighborhoods in the immediate and surrounding area with this intersection area. 9-017 Arena Infrastructure This project provides additional infrastructure $21,151,000 $21,151,000 $145,310 Development-Off improvements to support a privately owned& Site financed entertainment & sports arena of approximately 500,000-square feet & 16,500- seats(with expansion of up to 18,000)on 19th Street across from the Virginia Beach Convention Center. B-4 Project/ Total Total PFRB Series Fund Project Name Description Programmed Planned 2016A Number Cost Financing Bonds 9-091 Burton Station Road This project provides funding for design and $14,035,000 $8,500,000 $233,444 Improvements—Ph construction of a new street with utilities, III lighting, landscaping, sidewalks and drainage within an existing neighborhood where public sanitary sewer and water service and drainage are currently not available. The alignment will provide an area for commercial and residential development. 9-096 Oceanfront Capital This project provides on-going funding to $5,955,877 $1,200,000 $929,548 Projects reinvest in various high impact capital projects Reinvestment at the oceanfront. The primary focus of the project is to replace Atlantic Ave., side streets, and boardwalk lighting with energy efficient attractive LED lighting. The Lighting replacements are planned in phases over 10 years and are roughly estimated at $5 million with annual amounts to be programmed at $450,000. 9-108 29th Street This project provides funding for $3,200,000 $3,200,000 $216,409 Improvements improvements to 29th St. in the Resort Area as a continuation of the Laskin Road Gateway Project. The project area is 29`h St. from Artic to Pacific Ave. and includes streetscape improvements including wide sidewalks and street trees, a new street with improved drainage, and undergrounding of overhead utilities. TOTAL $431,839,060 $144,121,397 $24,029,552 B-5 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PUBLIC FACILITY REVENUE BOND ADMINISTRATIVE FEE SCHEDULE Administration Due Date Fee 12/1/15 $35,000.00 12/1/16 $35,000.00 12/1/17 $34,205.00 12/1/18 $29,222.50 12/1/19 $23,970.00 12/1/20 $18,430.00 12/1/21 $12,597.50 12/1/22 $6,455.00 12/1/23 $0.00 The administrative fee schedule set forth above effective as of June 25, 2015 supersedes all prior payment arrangements for the payment of administrative fees by the City of Virginia Beach to the Virginia Beach Development Authority in connection with the issuance of public facility revenue bonds by the Authority for the benefit of the City. The administrative fee schedule applies to all currently outstanding public facility revenue bonds and all public facility revenue bonds to be issued in the future. 4818-3390-5462.4 C-1 Project List 2016 Public Facility Revenue Bond Sale Project Name Amount Financed City buildings Various Buildings Rehabilitation and Renewal III $ 1,108,211 City buildings Total $ 1,108,211 Information technology CIT-Police Integrated Public Safety Record Management System $ 2,780,390 Revenue Assessment and Collection System $ 290,605 Information technology Total $ 3,070,995 Miscellaneous economic development projects Adam Thoroughgood House Visitor Center Construction $ 651,130 Aquarium Marsh Pavilion Enhancements $ 345,340 Historic Kempsville $ 346,693 Oceanfront Capital Projects Reinvestment $ 929,548 Miscellaneous economic development projects Total $ 2,272,711 Police and fire stations Police Fourth Precinct—Replacement $ 260,449 Police and fire stations Total $ 260,449 _Roads,streets,and interchanges 29th Street Improvements $ 216,409 Burton Station Road Improvements—Ph III $ 233,444 Centerville Turnpike—Phase II $ 1,043,738 First Colonial Road/Virginia Beach Boulevard Intersection Improvements $ 2,909,321 Holland Road—Phase VI(VDOT) $ 1,543,958 Landstown Road Improvements $ 403,826 Pacific Avenue Improvements $ 2,325,434 Princess Anne Road—Phase VII $ 251,543 Rosemont Road—Phase V $ 634,361 Sandbridge Road—Nimmo VII-A $ 600,000 West Neck Road—Phase IV $ 108,462 Winston-Salem Avenue Improvements $ 119,974 Witchduck Road—Phase II $ 3,663,534 Roads,streets,and interchanges Total $ 14,054,004 Sports stadiums Arena Infrastructure Development-Off Site $ 145,310 Sports stadiums Total $ 145,310 Community/senior centers _ Housing Resource Center $ 2,025,672 Community/senior centers Total $ 2,025,672 Transportation Light Rail Corridor Shared-Use Path $ 91,779 Transportation Total $ 91,779 School buildings John B.Dey Elementary School Modernization $ 1,000,421 School buildings Total $ 1,000,421 Grand Total Projects $ 24,029,552 f u=8y W� C .U. tYi t Fxyy'^4Y:.J 'i4 u�yr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Pertaining to the Compensation of the City Auditor MEETING DATE: September 20, 2016 • Background: In July 2008, City Council appointed Lyndon S. Remias as City Auditor. Since then, his only increases in compensation have been the increases provided to all City employees. Given the increased volume and high quality of work done by the City Auditor and his office, an increase in his compensation is warranted. • Considerations: The City Auditor's current salary is $120,444.96, and an ordinance adopted by City Council on June 21, 2016, provides that he shall receive a 1% merit increase, effective with the pay period that includes December 1, 2016. This ordinance will increase his salary to $124,000, and it provides that he will also receive the previously authorized 1% increase effective in December. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Requested by Councilmember Wood AN ORDINANCE PERTAINING TO THE COMPENSATION OF THE CITY AUDITOR 1 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 2 the City Council shall have their salaries and benefits determined by action of City 3 Council; 4 5 WHEREAS, the City Council appointed Lyndon S. Remias as City Auditor in July 6 2008; 7 8 WHEREAS, since his appointment more than eight years ago, the City Auditor's 9 only increases in compensation have been the increases provided to all City 10 employees; 11 12 WHEREAS, the City Auditor's current salary is $120,444.96, and an ordinance 13 adopted by City Council on June 21, 2016, provides that he shall receive a 1% merit 14 increase, effective with the pay period that includes December 1, 2016; 15 16 WHEREAS, given the increased volume and high quality of work done by the 17 City Auditor and his office, City Council has concluded that an increase in his 18 compensation is appropriate. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That, effective on the first day of next payroll period following adoption of 24 this ordinance, the annual salary of the City Auditor shall be is $124,000; his car 25 allowance shall remain at $6,000 annually. 26 27 2. In accordance with the ordinance adopted on June 21, 2016, the City 28 Auditor also shall receive a 1% merit increase, effective with the pay period that 29 includes December 1, 2016. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: e -ecJOS acc- Deputy City Attorney Roderick R. Ingram City Attorney's Office CA13831 R-1 September 9, 2016 in neo-,y r° I `�� fops, , cv s, 1V°a; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing B. Kay Wilson to the Position of Deputy City Attorney MEETING DATE: September 20, 2016 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: The attached resolution appoints B. Kay Wilson as a Deputy City Attorney, effective October 1, 2016. She will lead the City Attorney's Land Use Section. is Attachments: Resolution Recommended Action: Adopt Resolution Submitting Dep - • Agency: City Attorney V City Manager: `I 1 A RESOLUTION APPOINTING B. KAY WILSON TO THE 2 POSITION OF DEPUTY CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to§ 2-166 of the City Code, B. Kay Wilson is hereby appointed to the 7 position of Deputy City Attorney, effective October 1, 2016. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 10 , 2016. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA13817 R-1 September 2, 2016 r,d1:411-1 ,, fti Dr roy ( .vrNe,.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Formally Re-adopting the Virginia Beach Emergency Operations Plan MEETING DATE: September 20, 2016 • Background: The Code of Virginia § 44-146.19.E. requires that jurisdictions in Virginia update and re-adopt their Emergency Operations Plans on a four-year cycle. Our previous adoption was May 2012. The City Code also requires that an Emergency Operations Plan (EOP) be maintained and kept up-to-date. The maintenance of the current EOP provides an overview of the City's emergency management operations structure and the tasking of agencies to support the community's response to large- scale emergencies and disasters. The Fire Department/Office of Emergency Management has completed this review process and requests that the City Council formally adopt the 2016 version of the City's Emergency Operations Plan, as required be law. • Considerations: There were major revisions resulting from the 2016 review, including a format change to bring the plan into current compliance and the addition of more detailed roles and responsibilities for each Emergency Support Function. • Public Information: Public information will be handled through the normal Council agenda process. is Recommendations: Adopt the Resolution. • Attachments: Resolution and EOP Abstract. Recommended Action: Approval Submitting Department/Agency: Fire DepartmentC._ City Manager: ':�. 1 A RESOLUTION FORMALLY RE-ADOPTING THE 2 VIRGINIA BEACH EMERGENCY OPERATIONS PLAN 3 WHEREAS, the City of Virginia Beach Fire Department, Office of Emergency 4 Management, regularly and routinely publishes and updates an Emergency Operations 5 Plan for the City of Virginia Beach; and 6 7 WHEREAS, Code of Virginia § 44-146.19.E. requires the City Council to formally 8 review and re-adopt the City of Virginia Beach Emergency Operations Plan every four 9 years; and 10 11 WHEREAS, that last adoption of the City of the Virginia Beach Emergency 12 Operations Plan occurred in 2012; and 13 14 WHEREAS, the four-year review and revision of the City of Virginia Beach 15 Emergency Operations Plan is complete. 16 17 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the City of Virginia Beach hereby formally re-adopts the revised Virginia 21 Beach Emergency Operations Plan. 22 23 Adopted by the City Council of the City of Virginia Beach, Virginia, this 24 day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -CLA / Steven R. Cover Roderick R. Ingram 416 Fire Chief Deputy City Attorney Fire Department City Attorney's Office CA13832 R-1 September 9, 2016 City of Virginia Beach Emergency Operations Plan Abstract The intent of this abstract is to provide a brief overview of the City's Basic Emergency Operations Plan (EOP) and an outline of the City's response to a major emergency. Disasters are such that a flexible organization is needed to meet the challenge of an emergency. PURPOSE • The City will strive to create an emergency The purpose of the City's Emergency Operations Plan management system compliant with the National (EOP) is to meet emergency management legal Incident Management System (NIMS) standards for mandates and provide an organizational and functional response coordination. framework for a comprehensive and integrated response to disasters and/or events where specialized response CONCEPTS OF OPERATIONS coordination and integration is desirable. The following are central concepts that define the City's emergency management organization. SITUATIONS AND ASSUMPTIONS Situations and assumptions that affect the City's Emergency Management emergency planning include the following: Emergency management, as a concept of operations, refers to the art and science of managing large-scale Situations emergencies. This management is based upon legal • The City is vulnerable to various natural, technological, authorities and focuses on consolidated, integrated, and and man-made threats. centralized strategies utilized in a disaster situation. • Hurricanes and Tropical Storms represent the primary catastrophic threat facing the City. Other significant Comprehensive Emergency Management Program natural hazards include winter storms and Nor'easters. Emergency management involves four main phases of • Virginia Beach is at risk from intentional and non- activities. Each function and activity of the emergency intentional hazards for which planning is desirable. management organization needs to address each phase • Various legal authorities provide for an emergency to ensure a comprehensive emergency response. management organization to respond to and foster the • Mitigation— Includes those actions taken to reduce or coordination of large-scale emergencies and/or events. eliminate long-term risk to people and property from disasters and their effects. Assumptions • Preparedness — Includes activities that are taken to • The City has significant resources and manpower to systematically prepare for a developing situation deal with most emergencies. However, these including education, outreach, training, and exercises. resources can be quickly overwhelmed and exhausted • Response — Includes those actions that are taken in when faced with a disaster. anticipation of, or in response to, an actual emergency. • The City will strive to plan for an accepted level of risk • Recovery — Includes activities and considerations for those emergencies it may experience realizing that associated with the post-emergency period. total preparedness is not a realistic goal. • Each citizen and every business should be prepared National Incident Management System (NIMS) for emergencies and the consequences associated The City has adopted the concept of NIMS as a basis for with emergencies. its emergency management organization. These • The City will depend upon outside resources and concepts provide direction for the City in the areas of assistance during major emergencies once internal Incident Command, emergency planning, external resources have been exhausted. In such instances, affairs, communications, and resource management. outside assistance may take 72 hours or longer to arrive and effectively assist with the consequences of Emergency Operations Center(EOC) the event. The City will use its EOC to support the virtual or physical • Resources and manpower from across the City, region, location for emergency management integration and and state will be solicited to meet the challenge of an coordination of emergency response activities. The emergency. facility may serve as a traditional EOC, a command post, • Large-scale emergencies can best be supported from or a Multi-Agency Coordination Center (MACC) to a centralized location — the Emergency Operations support the coordination of an incident, particularly when Center(EOC). an incident command post has been established. • Based upon anticipated or actual conditions, a local State of Emergency may be declared. Incident Command System (ICS) • State and federal assistance are two examples of The City's emergency management organization will additional assistance that may be provided. utilize an ICS structure and response policy for all incidents. This alignment places particular emphasis on 2 key ICS concepts: Incident Command, Command Staff, Common Responsibilities—All City Departments Sections, Branches, Operational Periods, Incident/Event All agencies of the City of Virginia Beach should ensure Action Plans, and Area Commands to support the that they are prepared to support emergency efficient management of an incident and assist in the management operations whether they are tasked or not institutionalization of emergency management tasked in the plan. procedures within the City. • Ensure that critical agency -level functions are ORGANIZATION identified and contingencies are in place for emergency The emergency management organization is established situations. to provide an organizational framework that can work • Prepare the appropriate internal procedures, efficiently during an emergency and adapt to the emergency plans, and/or Standard Operating challenging nature of disasters. This organization is a Procedures (SOPs)to address emergency situations. structure that brings together a variety of Citywide and • Establish procedures to assess and report emergency external agencies to respond to the various dimensions conditions, injuries, loss of life, and damage to facilities of emergencies. The Virginia Beach Emergency and equipment. Management Organization is built around the Incident • Communicate emergency responsibilities to Command System. Key elements of this organization employees, ensure their readiness to respond to include Incident Command/Area Command/Unified emergency situations and develop accountability Command, Command Staff, Planning, Operations, systems. Logistics, and Finance sections. Branch level elements • Provide support in non-traditional areas and roles are defined based upon roles and scope of the incident. beyond normal job assignments. This structure can expand and contract based upon the time, scope, and complexity of the incident. Emergency Support Function (ESF) Responsibilities A core concept of the EOP is the assignment of Incident Command Structure Assignments emergency support functions to City departments. The City utilizes the ICS organizational structure as the Federal and state ESFs provide a framework for basic structure of the emergency management emergency response and, recovery operations. Primary organization. Please see the attached organizational City departments are listed below and supporting chart to see the general assignments. department roles can be found within the ESF plan: Other Organizational Stakeholders ESF#01 —Transportation Other agencies interface with the emergency Primary Agency: Public Works management organization based upon the incident Responsibilities: Transportation infrastructure, goals, the pre-existing relationships and the legal transportation resources, and transportation systems of structure of the Commonwealth. Some of the agencies the community. that interface with the emergency management organization include: City Council Appointments, ESF#02—Communications Constitutional Officials, Local State Offices, Judicial Primary Agency: Information Technology System, Military Facilities, Volunteer Organizations, Responsibilities: Management of communications Higher Education Institutions, Critical Infrastructure, systems and infrastructure. HRPDC, Virginia Department of Emergency Management, and others. ESF#03— Public Works and Engineering Primary Agencies: Public Works/Public Utilities Responsibilities: Infrastructure and operations to RESPONSIBILITIES maintain and provide water, sewer, roads, traffic The EOP outlines general and specific areas of management, beach operations and stormwater. responsibilities for agencies, some key responsibilities include the following: ESF#04—Firefighting Primary Agency: Fire Office of Emergency Management Responsibilities: All firefighting activities including urban, The Office of Emergency Management is responsible for rural and wildland operations. providing support to the City Manager/Director of Emergency Management and the Coordinator of ESF#05—Emergency Management Emergency Management where the functions and Primary Agency: OEM structure of the emergency management organization is Responsibilities: Coordination of incident management utilized to respond to the threat of/or an actual incident and response efforts, incident action planning, and multi- and to support the integration of the emergency agency coordination. management organization into City operations. ESF # 06 - Mass Care, Emergency Assistance, and Housing Primary Agency: Human Services 3 Responsibilities: Mass care, sheltering, disaster housing, ESF# 17 -Volunteers and Donations Management family assistance centers, emergency assistance. Primary Agencies: Volunteer Resources/Public Works ESF#07—Logistics and Support Services Responsibilities: Facilitating the integration of volunteer Primary Agency: Public Works resources (spontaneous and affiliated) activities in Responsibilities: incident logistics planning, resource emergency management situations, and all donations management and sustainment, resource support and management activities (collection, warehousing, procurement. distribution, etc.). ESF#08—Health and Medical Services ADMINISTRATION AND LOGISTICS Primary Agencies: EMS/Public Health The following are administrative and logistical Responsibilities: Community/public health, mental considerations in the event of an emergency: health, mass fatality management, and emergency medical services. • Standard operating procedures will be maintained under emergency conditions to the extent possible. ESF#09—Search and Rescue • Various predetermined activities may be required to Primary Agency: Fire prepare for the effects of an emergency. These include Responsibilities: Search and rescue operations and life- the acquisition of supplies and materials and the saving assistance. relocation of equipment. • The City will utilize WebEOC as its crisis management ESF#10—Oil and Hazardous Materials system for coordination purposes. Primary Agency: Fire • The City will ensure that NIMS training standards are Responsibilities: Oil and hazardous material response obtained by City staff and short-and long-term environmental cleanup. • The City will develop an exercise plan to ensure both hazard-specific and functional response issues are ESF#11 —Agriculture and Natural Resources regularly exercised, evaluated and improved. Primary Agency: Agriculture • The City may employ mutual aid and assistance to Responsibilities: Animal/pest disease and response, meet certain critical needs based upon state rules. national and cultural resources, historic property protection and restoration, and pet welfare. PLAN DEVELOPMENT AND MAINTENANCE ESF #12— Energy The Office of Emergency Management maintains the Primary Agency: Public Works City's Emergency Operations Plan. Departments with Responsibilities: Energy infrastructure and repair, responsibilities (all primary and all supporting) in industry utility coordination, and energy forecasting. emergency support functions are responsible for assisting and developing plans in their area of operations. ESF#13—Public Safety and Security Plans should be regularly updated and periodically tested Primary Agency: Police to ensure practicality and utility. The EOP is to be Responsibilities: Facility and resource security, security exercised annually as part of an exercise or in an actual planning and technical assistance, public safety and emergency. security support, and access traffic and crowd control AUTHORITIES AND REFERENCES planning. • Code of Virginia ESF#14—Long-Term Recovery • Code of the City of Virginia Beach Primary Agency: Economic Development • City of Virginia Beach Emergency Operations Responsibilities: Social and economic community impact Plan assessments,facilitation of recovery planning and assets • Commonwealth of Virginia Emergency and coordination of recovery resources. Operations Plan • National Preparedness Framework ESF#15— External Affairs • National Incident Management System Primary Agency: Communications Office Responsibilities: PIO coordination, dissemination of public information and protective actions, emergency Legal Authority public information, and warnings. Section 2-411,412, and 413 of the Code of the City of Virginia Beach and Commonwealth of Virginia ESF# 16—Military Affairs Emergency Services and Disaster Laws, Title 44, Primary Agency: City Manager's Office Chapter 3.2 through 3.4, Code of Virginia, as amended. Responsibilities: Facilitation and coordination with the military facilities and agencies in emergency management situations. 4 City of Virginia Beach Emergency Management Organization Public Information: Incident PIO, City PIO,Joint Information Center, ECCS/311 City Manager J N. Intelligence Deputy Director l Safety Officer i Emergency Management Liaisons: Coordinator City Attorney, Public Schools, Sheriff, Military, ARC, \ / Judicial J PLANNING OPERATIONS LOGISTICS FINANCE/ ADMIN SECTION SECTION SECTION SECTION (Emergency Management Public Safety Branch Technology Branch Public Assistance Branch Fire ComIT Branch OEM EMS Finance Public Safety Police OEM Public Works Sheriff Public Utilities J Public Health ECCS / Resource Support �ong Term Recovery / Branch Branch Public Works- Economic Development /Human Services Branch Facilities Convention and Visitors Human Services Human Resources Planning Housing and Finance- Management Services J Neighborhood Purchasing Preservation Volunteers Natural Resource Branch" Parks and Recreation Agriculture Libraries Planning \Srhnnlc _) The City's emergency management Museums organization is based upon the existing Public Health structure of government with the City Manager \ 2 Infrastructure Branch as Director of Emergency Services. The Public Works Public Utilities enc Emerg y Services Coordinator and the Planning- Permitting Office of Emergency Management provide staff Housing and support to this organization. Various Neighborhood departments are organized under an Incident Preservation- Command System (ICS) and Emergency Codes Parks and Recreation Support Function (ESF). When activated, the \ - Landscape emergency management organization is prepared to manage large-scale emergencies or threats of emergencies from the Emergency Operations Center (EOC). This organization expands and contracts based upon scope, size, complexity, and nature of the threat. 2016 r e„,-„F.,, ,,, i. ,,,,6,,,,,s ---4, t .i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Establish Three New Roadways Capital Projects, to Accept and Appropriate Funding from the Virginia Department of Transportation's Transportation Alternatives Program, and to Transfer Funds MEETING DATE: September 20, 2016 • Background: The Transportation Alternatives Program (TAP) was authorized in the federal transportation bill "Moving Ahead for Progress in the 21st Century," also known as MAP-21. The TAP is intended to help local sponsors fund community based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical and environmental aspects of the transportation infrastructure. The TAP focuses on providing for pedestrian and bicycle facilities, community improvements, and mitigating the negative impacts of the highway system. The TAP is part of the federal-aid highway program. It is not a grant program, and funds are only available on a reimbursement basis with a 20% minimum local match. The City received $2,026,077 in federal allocations for the following projects. Total Project Federal Local Match Cost Allocations Independence Blvd/Baxter Road Sidewalk $1,151,416 $794,477 $356,939 Providence Road Sidewalk $924,880 $638,168 $286,712 West Great Neck Road Sidewalk $860,047 $593,432 $266,615 Total $2,936,343 $2,026,077 $910,266 • Considerations: These projects were previously included in the Traffic Safety Improvements Program, CIP 2-300. As set forth in the attached ordinance, the projects will be budgeted as three separate capital projects within the Roadways Section of the Capital Improvement Program. There is sufficient local funding in CIP 2-300 to satisfy the required local match. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance, Maps(3) Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works 0 City Manage 1 AN ORDINANCE TO ESTABLISH THREE NEW 2 ROADWAYS CAPITAL PROJECTS, TO ACCEPT AND 3 APPROPRIATE FUNDING FROM THE VIRGINIA 4 DEPARTMENT OF TRANSPORTATION'S 5 TRANSPORTATION ALTERNATIVES PROGRAM, AND TO 6 TRANSFER FUNDS 7 8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA, THAT: 10 11 1. The following capital projects are established in the Roadways Section of 12 the Capital Improvement Program: 13 CIP # 2-112 Independence Blvd/Baxter Road Sidewalk; 14 CIP # 2-119 Providence Road Sidewalk; and 15 CIP #2-120 West Great Neck Road Sidewalk; 16 17 2. $794,477 in federal revenue is hereby accepted and appropriated to CIP 18 #2-112 Independence Blvd/Baxter Road Sidewalk; 19 20 3. $638,168 in federal revenue is hereby accepted and appropriated to CIP 21 #2-119 Providence Road Sidewalk; 22 23 4. $593,432 in federal revenue is hereby accepted and appropriated to CIP 24 #2-120 West Great Neck Road Sidewalk; and 25 26 5. $910,266 is hereby transferred from CIP #2-300 to the following projects 27 for the following amounts: 28 CIP #2-119 Independence Blvd/Baxter Road Sidewalk $356,939; 29 CIP #2-112 Providence Road Sidewalk $286,712; and 30 CIP #2-120 West Great Neck Road Sidewalk $266,615. 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: David Bradley na%- Harmeyer, Senior Finance Attorney y Budget and Management Services City Attorney's Office CA13825 R-1 September 7, 2016 ..- •k N I �I IRGINIA BEACH LVD; , , 0 or I—; NINA DR ,• W— — E 2� m CO ( : PINTA LN LI 016 CARAPACE DR z , U 0 SITE n - Z m. f --, , , ' -1 ii:L)1 �tiFOt� NpPoG r 'T Nq N sz RS c9 :AT O _�Q 0---\--::\,'\ P RFq +4 c ': -- (/9) 1111 IndepeBoulevard/ 4 II 0 01 1,1 itAwAlk, 4 1 1 4,i1w4 0 p4i ic tw4 it, 40 ', dSidewalk Baxter Roandence Sidewa � O Z O Iti°frNit,470 fiiI0' 14p4&ilitioi,'S , >4117011116. NI1h.. # Q SOUTH BLVD 0 IA 'A .9 / 11 . G or �` --DOLTON:DR: _ � NZ 'O '1.`_ 1 OQ- i% J O 0011.,44 .4•0 / j i k i,v1;1.,N,....1 i I FA A ir 11111 O A y , 01t* f O O ` F. �� ��' ���, ,_ LOCATION MAP 4)1,, ��� , �,�0 ,., �,,, Independence Boulevard/ • sBaxter Road Sidewalk o4V4lIkl ,A Feet 44top Prepared by P. �../Eng.Suppo C ervices B e. 10/2/ 0 250 500 1,000 V•\rAnn\D....,...+�\nD� CIIeE.\Ar_CAInA RAADQ\CV1R-17 TAD Cnllnrccmcnf 1k* kmen#c\Inrlenenrlcnnc Rw+ r Cirlcui�l4 mvrl N ilk / O R Fs0 4. le* �F Ro �Fq s ra FERRELLPOW •4'1 OG`!, PR ,„F "� RoN Sligo PI �, \le iiiiiii if** -*it , 4 1W aZ Illti USIT- j Fvtha. -4k-4/ a 4 iv � MLIIco Si* .V ciR wg. ,.. 6.) sw 'cz; -Poi" 7-0 , / 4 triti 4 ititis -,/ tiii lit NI o I ocic itpt, it** iiii z- ._ 1101kIr .._. ..... *,,h, Providence Road Sidewalk Nr4Nalb:1 _,Bia O , birrtiibit' e �M4Og *Ara..144, CVHRL �-;E Gy/til Po ° /O /PP illisir ill R 'Cr ENcER N 411111. itibb tir 4iiiiirr girA r Wffillta g1Wh 0 riiit W4A 4411fiON 1..Wiiiiii Wg*b&bWiti M IVQF N 0 4 i W A b*4", g I 4 ligiiii15 ft W *it. 411 rtatibW,Ifh& WK. 41/'lif - jibR --wilitil7"-- *** !Ft& igifigia 4 Iii*WritiitA Alp dirk. iii..siffig its 4/0, iiiiiiimmifior, iiiiir 16, Nig 40 -- Iva 1r,t11 4 1 *# ‘41 I tirkW ri ei 111 11 1 k I*WY MFq oo,p * *hi* aoolgiltiow A 401* 11 *46 th,.% ii _1%, .witiropipmity 1 I I I ra I ri-c/)/64 a Pi--I ' i A v 1 7. 41 kiti* A RgTFoRoiril..., MFgoo /4 , 0.* * II' WaiWt lib-w4f/TAI I/41 Ali Ilk Air itis ... � S ,,..)4. trim, Aro ab gi a W4IP I&ft I r ,c?- V 1 ' D AR4V .&V,44 ki...._ 4 ; :, i' . Nt. i s cr1 / Atilt pi, S 1w4g* 410tvw41111 A :..° ftk Tod , �, >, LOCATION MAP 410 /R� a, <c Providence Road Sidewalk �' Feet l*Q- al* ' Apo ihir WAffir Ab rep r �', �' Eng. = Supeo e . : re u ;1, �� �� 0 250 500 1,000 a ,nn� rn__�nnrunn •.nnn\r\/A/n A�Tnn rJ_�_.y__a n La__L.Y__a_‘n__..:J_—__nJ P:J.........I,....A ,c,ci- \----- e W ‘ ir- 111 --1 , SITE c,4.. ØI IIIi 4, Y 1 1 \,. ------r-- --"-- „, \\s _____BR ---------___ •• • 7 ' [, , ------E------------1 --, ! 1 —.77 3, 5' Concrete Sidewalk AL ADAM'KEEILING RD ii• , a , co —.1 111 \ —0\'2:, 3,_____g•\ 0 0, 0 4.. -En- rn z -p c, 0 -0\---------- 4 . 1 --k 0 \ C..) . LOCATION MAP WEST GREAT NECK ROAD SIDEWALK ,. iii... Feet r epare. .y P.W./Eng./Eng. • pport Services Bureau 09/25/2014 0 200 400 800 ' _,.. Y\r`Alln\Drnietrfc\API' Pil.c1ACZFAiric,NAADC\\Akio+nrctni Mk Rel CirleatonlIr\\A/Alc.rk Rd Ciricaounlif Desr+rni+,v...,1 SVS' Hr [ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance declaring the property located at 1833/1835 Ego Drive (GPIN 2407-64-1624) to be in excess of the City's needs and authorizing the City Manager to sell the Property to Bishard Homes, LLC, a Virginia limited liability company MEETING DATE: September 20, 2016 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 1833/1835 Ego Drive (the "Property") on January 29, 2016 for $167,900. At the time of acquisition, the Property was improved with a duplex dwelling. The structure was slated for demolition due to its poor condition. Bishard Homes, LLC, a Virginia limited liability company ( "Bishard") holds fully executed Purchase Agreements with the City of Virginia Beach to purchase the contiguous lots located at 1837/1839 Ego Drive and 1841/1843 Ego Drive. Bishard was awarded the lots following a Request for Proposals to purchase the lots and develop them with a single-family house according to prescribed design criteria. Bishard has agreed to purchase the Property (7,731 sq. ft.) for $7,731 ($1/sq. ft.). Bishard will incorporate the Property with the two contiguous lots in order to have a larger yard with the proposed residential development. Only one single-family house will be developed on the three lots. • Considerations: The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to Bishard to incorporate with the pending development. The City will accomplish additional rollback of residential density while also enhancing the neighborhood. Bishard's offer of $1/sq. ft. is consistent with 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 $7,731.00 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 Submitting De. - m-nt/Agency: Public Works ftp) Y City Manager. '\ 01111►'!v 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 1833/1835 EGO 3 DRIVE (GPIN 2407-64-1624) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO BISHARD 7 HOMES, LLC, A VIRGINIA LIMITED 8 LIABILITY COMPANY 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 11 certain 7,731 sq. ft. parcel of land located at 1833/1835 Ego Drive (the "Property") 12 more particularly described on Exhibit "A" attached hereto and made a part hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with a duplex home; 23 24 WHEREAS, Bishard Homes, LLC ("Bishard") holds fully executed 25 Purchase Agreements with the City of Virginia Beach to purchase the contiguous 26 parcels located at 1837/1839 Ego Drive and 1841/1843 Ego Drive (the "Contiguous 27 Lots") and has offered to purchase the Property in order to combine it with the 28 Contiguous Lots and utilize it in a manner compatible with the APZ-1 Ordinance; 29 30 WHEREAS, Bishard desires to purchase the Property in accordance with 31 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 32 33 WHEREAS, the APZ-1 Disposition Committee has recommended that City 34 Council declare the Property to be in excess of the City's needs and sell the Property to 35 the Bishard; and 36 37 WHEREAS, the City Council is of the opinion that the Property is in 38 excess of the needs of the City of Virginia Beach. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 That the Property located at 1833/1835 Ego Drive is hereby declared to 44 be in excess of the needs of the City of Virginia Beach and that the City Manager is 45 hereby authorized to execute any documents necessary to convey the Property to 46 Bishard in accordance with the Summary of Terms and such other terms, conditions 47 or modifications as may be acceptable to the City Manager and in a form deemed 48 satisfactory by the City Attorney. 49 50 Further, that revenue from the sale of the Property in the amount of 51 $7,731.00 will be received and fifty percent (50%) of the amount will be deposited for 52 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 53 and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be 54 deposited for future payment by the City Manager to refund the Commonwealth's 55 portion in accordance with the grant agreement. 56 57 This ordinance shall be effective from the date of its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 60 day of , 2016. CA13631 R-1 8/31/16 \\vbgov.com\dfsl\applications\citylawprod\cycom 32\wpdocs\d031\p012\00315365.doc APPROVED AS TO CONTENT APPROVED AS TO CONT NT •� ' � - JJ y.,�._ 1. 46 rl• ( -Public Works Budget & Management Servi•-s APPROVED AS TO LEGAL SUFFICIENCY '7 C1^6 - City %0 k•rney's ffice EXHIBIT "A" GPIN: 2407-64-1624 (1833/1835 Ego Drive) All that certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 54, as shown on that certain plat entitled, "Oceana Village", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 5. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed dated January 28, 2016 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20160129000073330. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1833/1835 EGO DRIVE Seller: City of Virginia Beach Buyers: Bishard Homes, LLC, a Virginia limited liability company Property: 7,731 square feet of property generally known as 1833/1835 Ego Drive (GPIN: 2407-64-1624) Legal Description: See Exhibit "A" to Ordinance Sale Price: $7,731.00 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer shall resubdivide the Property with the contiguous lots at 1837/1839/1841/1843 Ego Drive, at the Buyer's expense, to vacate interior lot lines, and Buyer shall include a plat restriction limiting the resubdivided property to one single-family dwelling unit. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before September 20, 2017. 1. 446Virginia Beach APPLICANT'S NAME_LU k3Fri -(au)es , ((C DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: o NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: it • 04,of Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: `s ^°` a.�r�o5f Luc_ If an LLC, list all member's names: �e V— f (5 I arc 13:s_h a r-c/ 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) !3�S ;, arcI DeveiopnAescf CorAora7:0,11 See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 a,et Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationshi 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. • 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 dr city of Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ tL,b Land Planner p 15 (iArici?o(ifi,I,2 ,/,u7/70-2s) Contract Purchaser(if other than ❑ Er the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ a purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ f Construction Contractors ["1 ❑ Engineers /Surveyors/Agents -p\i. 1-0Ak S u1veyeS Financing (include current E( mortgage holders and lenders 1-0v'ni 8 GV V❑ selected or being considered to Uyl i o r. 46.41,K provide financing for acquisition , ,/ or construction of the property) t vJ ❑ Legal Services j-tcy � (Z ('fr Pv J - Real Estate Brokers / ❑ d Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 4 (1011 Virginia 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 • a any public body or committee in connection with this Application. /' l ,S.-FtAA4A-1 its-114,71 /31E1/ 0, AP•LICANT S SIGNA RE PRINT NAME DAT PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 COfp g IN 4 J W I 1 > t STRE�'\1\A\--.1 aR ,,\ a O F- vy 0 CI 1\1 CD I Q >- Wp ,_ W i a O � z _ O ca ' Z a z � CO CV m00 7 } �0 ,q F r U O ti W w 1. 1 CD 1.; 1P151- bfin1F f l I. V W = am tO s. **N'M Q p to i..._ W S to N \ v) a a z —, co .. 4 m � Un. a P- W04 Cl_ cnnl + i .. ate.. ' ll) N , t cu y ' \ 4 U 0 �' c = Q 1- - O .t cL Cry ea v QN FIllt_ Q p y r, Ni cn f`J z U R STP:11-44,_ R ° t r ami °?Imi Q i , 1k, i Aiiiiiiiimmiwilviird,41211 7,11,/. /7 .,/,‘/-„ z/ .7 NA ..._E ./ a >7, /4,- A1/111//, /42.,.. (f4 7 Ilw-4-1, /4 73 / , • /./.400/ ill, / ,, / / 1 „, . / / / , , /p-p , /, , ..),,/ .z. ‘ : / ,, ,,, / .,, c, , in / 711IV 7-- / E CITY OF VIRGINIA BEACH / EGO DR GPIN 2407-64-1624 / / 7,731 SQ.FT. r / /! J CONTRACT PURCHASER-BISHARD HOMES,LLC // GPIN 2407-64-0603 /,/ iimee / ..-/ im 1 ,/,:i li,/1 hi;i1/114"11111Aa..0.,4/ '0/ 0///e/ 14 /1/4iiii.(11 */ 11V/111 11111111(/' f/j 1,Sif //I/ Z. ' CONTRACT PURCHASER-BISHARD HOMES,LLC / 010/ GPIN 2407-64-0649 rf / / / / / -A i S STREAMLINE DR / ///////#R. ' , Ma - A./110 f. Legend /)171 9 n 2407-64-1624 jjILOCATION MAP EXCESS CITY PROPERTY TO BE SOLD City Properties TO BISHARD HOMES, LLC 2_75dB l / 1833/1835 EGO DRIVE ,,_. APZ1 GPIN 2407-64-1624 Note: This property is located Feet in AICUZ Noise Zone 275 dB t/ / / / / j / / / / 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 09/07/2016 X:\CADD\Projects\ARC Files\AGENDA MAPS\City Property\2407-64-1624.mxd �Nu°E+c o ,.. ... [ kkfNP CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of City right-of-way known as 79th Street, located adjacent to 7810 Ocean Front Avenue MEETING DATE: September 20, 2016 • Background: Andrew H. Cohen and Susan F. Cohen (the "Cohens") desire to maintain an existing 130.7 sq. ft. long block wall in a portion of existing City right-of-way known as 79th Street, located adjacent to 7810 Ocean Front Avenue. • Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the North End, which is where the Cohens have requested to encroach. • 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: Ordinance, Disclosure Statement, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate 00 A City Manage ,`��,,,,„ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT 5 INTO A PORTION OF CITY RIGHT- 6 OF-WAY KNOWN AS 79TH STREET, 7 LOCATED ADJACENT TO 7810 8 OCEAN FRONT AVENUE 9 10 WHEREAS, Andrew H. Cohen and Susan F. Cohen (the "Cohens")desire to 11 maintain an existing 130.7 sq. ft. long block wall in a portion of existing City right -of-way 12 known as 79th Street, located adjacent to 7810 Ocean Front Avenue, in the City of Virginia 13 Beach, Virginia; and 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 property subject to such terms and conditions as Council may prescribe. 18 19 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,Andrew H. Cohen and Susan F. 24 Cohen, their heirs, assigns and successors in title are authorized to maintain an existing 25 130.7 sq. ft. long block wall in a portion of existing City right-of-way known as 79th Street, 26 as shown on the map entitled: "EXHIBIT"A"— ENCROACHMENT EXHIBIT 130.7' LOING 27 BLOCK WALL LOCATED IN THE 79TH STREET RAN ADJACENT TO LOT 1 CAPE 28 HENRY SYNDICATE BLOCK 19, SECTION D 3 M.B. 1 PG. 8b," Scale: 1" = 20', dated 29 December 4, 2015, a copy of which is attached hereto as Exhibit A, and on file in the 30 Department of Public Works and to which reference is made for a more particular 31 description; 32 33 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 34 subject to those terms, conditions and criteria contained in the Agreement between the City 35 of Virginia Beach and the Cohens (the "Agreement"), an unexecuted copy of which has 36 been presented to the Council in its agenda, and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as the Cohens and the City Manager or his authorized designee execute the 44 Agreement. 45 1 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2016. CA13475 R-1 PREPARED: 9/7/16 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL • - A ND FORM: PUBLIC WORKS, REAL ESTATE 11. a TO"NEY RoIV A. grav�debu rA ��-k � q R• N42 rtiE y �2 2 tt"'' �" E h'`2 _x xt, �i a "' `^t- sr r , x z .gas x � Virginia Beach APPLICANT'S NAME Andrew&Susan Cohen 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 Flood plain 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. o 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). O APPLICANT NOTIFIED OF HEARING DATE. O NO CHANGES AS OF DATE' O REVISIONS SUBMITTED DATE '.r AT ' ��` fee SFA F BeeL ❑ Check here if the APPLICANT IS NOT a corporation, partnership firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Andrew&Susan Cohen If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 3� R S Xf C:s 1h 5.t. ,f",."-, a4 e t r` Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns-shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. • i 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 5 441 Via Beach YES NO SERVICE PROVIDER (use,additional sheets if needed) • 0 Accounting and/or preparer of your tax return J ❑ Architect/ Landscape Architect/ The Design Collaborative Land Planner Contract Purchaser(if other than 0 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed EJ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 0 Construction Contractors ID ❑ Engineers /Surveyors/Agents Gallup Surveyors and Engineers Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Q ❑ Legal Services Troutman Sanders LLP Real Estate Brokers / • Q 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 ❑ 0 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 ,. LYry Qi 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 Ap 'cation. /i AWOR449 ',A,(AtAA;771 APPLICANT'S SIGNATURE PRINT NAME DATE w � � Leve ..a. A_Vt_AA CI GO A SIGNATURE of Co-Applicant 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) 245 THIS AGREEMENT, made this `,` day ofThcC\—, , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Andrew H. COHEN and Susan F. COHEN, husband and wife, THEIR 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 1, Block 19, Section D Cape Henry"; as shown on that certain plat entitled: "CAPE HENRY SECTION D" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 8b, and being further designated, known, and described as 7810 Ocean Front Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 130.7 sq. ft. long block wall (the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City properties known as 79th Street, the "Encroachment Area"; and GPIN: (CITY RIGHT-OF-WAY - NO GPIN ASSIGNED) Adjacent to 2419-68-5315 (7810 Ocean Front Avenue) 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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 thai certain exhibit plat entitled: "EXHIBIT "A" — ENCROACHMENT EXHIBIT 130.7' LONG BLOCK WALL LOCATED IN THE 79TH STREET RAN ADJACENT TO LOT 1 CAPE HENRY SYNDICATE BLOCK 19, SECTION D 3 M.B. 1 PG. 8b," Scale: 1" = 20', dated December 4, 2015, prepared by Gallup Surveyors & Engineers, LTD, 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. 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 2 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 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 3 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Andrew H. Cohen and Susan F. Cohen, 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. 4 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: 5 B Y Andrew H. Cohen, Owner By <Ak°;k+ 4,L, Susan F. Cohen, Owner STATE OF CITY/COUNTY OF 1:4;rFay , to-wit: The foregoing instrument was acknowledged before me this 31s4- day of /"larch , 2016, by Andrew H. Cohen and Susan F. Cohen, husband and wife. / oIt1‘1111/g,��' =ry Public $.60 - •••CQ�: Notary Registration Number: 76/ 6 5 '? �- = ' s m My Commission Expires: O l / 3/ /1 SA wtrW • ,• (� . yo 0�••;s/S537Q y' . .,,/qRY•pW,.°0% APPROVED AS TO CONTENTS APPROVED AS TO LEGAL IE Y AND FORM SIGNATURE AN R. HARMEYER, PUBLIC WORKS / REAL ESTATE SENIOR CITY ATTORNEY l— ICS DATE 6 ATLANTIC OCEAN (150' R/W - M.B. 1 P. 8b) 11.7' S 07'15'00" E 50.00' 12" Pine r 6" Pine c EL •v N 0 'c G IA WQQ 12" Pine0 N .mak _ 41N0_ 41,E Zx5 O a C•1 20 > wZ N -I •00 � a ` / p 1 Z �0< m c II d LI N O cc OUm I o 0 F tA D �� }NQ �- w o ct o I X oo ��Ohy. �.co '1�� ?U`77, W V a Lo 0 rnMC4 W t/) -2 - o N> J (/) w 6" -o - J Q X Live Oak o 0 � v m NI 0) o D U Z Power c) o Pole z ~ N CO z Jo IN . cD F -Water w ' m QMeter orO ( Qo E I Z JN w 1- 0 CO cia- Ne "\ EZ tll o U — W2Ce � • wV i o FUZ p QOJwm r, ao H = JzW oV) o 0 _ m Wmw oa o cNi O XI — Z � � ,> I = - rt o V Zo V)a _1oUWYm o N ( O 0 5, = U N Q zo 15.7 o U N. < 0_ m II a s CONC. DRIVEWAY N W ci U D o 0o M vw i o ci SCO ° o z J CO Q ro o 0 N 43 1-- w SCO ° Guy Fa zWiret 50.00' w oo OWires p�--- I N 0715'00" W 00 TEL. PED. os, VERIZON LOT 7 v Y VAULT o M.B. 1 P. 8b o GPIN: 2419-68-4249 rn o w (.5 ATLANTIC AVE. I Z �1 C T � G:\15-91 alta.dwg,1/15/2016 10:56:20 AM,1:10,BWG ATLANTIC OCEAN (150' R/W — M.B. 1 P. 8b) X11.7' i S 07'15'00" E 12" Pine 50.00' 6" Pine c d N ce Q 12" Pine 0I N .�. gG1NaA ���tii z_ cc 5 W io r, p = a �� w Z co m ii d •- N 0 � Om 0 0 O � o N om = o ���o m ,�NrE >wz w2 0 I X O 'r/V0 ! � � C� W & < n 0 0ri)ce W v> z 0 M N5 CC xv o vi a_M J � w 6" ° Q J F- Lixve Oak o O .L (7 m FI LU -1-+ 0 D 0) O Z N >, J in > DI m a in Power o rn o Pole I S COlz N Water . c° H J W Meter w 0 - rn L'- m Q Q J 7 Z = 3 V m u-, I z mNw X , w � ,_ � z , 65 hi � Z_ o Q 01- 0Xi= m § I i� a0 ~ = OZ W 0V) wc�• o = C7CTO W I— N 1l Ce 0 w w U Z U N WOU 0m N I . � = N 0 O COO 15.7'-+ I - a) 0 w -J II 0 I—< CONC. DRIVEWAY Z O Q N w p,) U v) 0 SCO ° o 6.3 J m Q rn O 0 cnU 1-- SCO ° Guy m p Wires - Wired 50.00' I 0 O \ (I OD-- 1 N 07'15'00" W w m TEL. PED. LOT 7 0 VERIZON +, I Z -VAULT b M.B. 1 P. 8b o w 0 GPIN: 2419-68-4249 o w z ATLANTIC AVE. ►I z (f) O I 0 G:\15-91 alta.dwg,1/15/2016 10:56:20 AM,1:10,BWG \ W+11 s SITE - -r h , \ Illi\ * \ ‘‘,\ 2419-68-6316 — 1 1 Z '79SH�� �- :t 1 - \_.—--• - ' \ . \\___:_-----_-\\__ \'•,__ .,_ '_\.__ V.Jilf- 77--- ' ---- 1V__ ., jI LOCATION MAP �aTHgT -,- ENCROACHMENT REQUEST FOR Legend ANDREW H. COHEN&SUSAN F.COHEN GPIN 2419-68-5315 City Properties Feet D2419-68-5315 __-- 0 50 100 200 ieperea Dy P.W./Eng/Eng.Sup Sereces Bureau 728/16 X:\CADD'Projects\ARC Files\AGENDA MAPS\2419-68-531!' , ei ` w `atk r1 4. Fti_ r "t -.i,-..-. r• ; ti F ac{ ' t� „ <\ 4-r-y t• .k -41+w � is'• I '," \ria ,,tt "l , . t[, 4 * Yv ! r� .Z iii 1 .2 .-L r1'�`i tt.•' ` ,, .a, yam, j '4,. '411111111111111Portion of Block Wall Facing '...-____, Oceanfront Avenue 4� f r, CITY OF VIRGINIA BEACH .._ AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Lake Joyce and a 25' Strip of City Property Around Lake Joyce Located at the Rear of 4441 Blackbeard Road MEETING DATE: September 20, 2016 • Background: Lewis F. Affronti, Jr. and Patricia J. Affronti (the "Affrontis") have requested permission to maintain one existing bulkhead, steps and retaining wall, to remove the existing dock and to construct and maintain a proposed dock, proposed riprap (74 linear feet) and new batter piles, to remove a tree causing damage to the existing bulkhead and to install proposed landscape buffers into existing City property known as Lake Joyce and the 25' strip of City property around Lake Joyce, located at the rear of 4441 Blackbeard Road. • 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 Lake Joyce and the 25' strip of City property around Lake Joyce, which is where the Affrontis 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 establishment of a 15-foot-wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15-foot-wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Agreement, Ordinance and Exhibit Recommended Action: Approval of the ordinance. Submitting Department/- •ency: Public Works/Real Estate)0 RS,D City Manager: it 1 AN ORDINANCE TO AUTHORIZE 2 TEMPORARY ENCROACHMENTS 3 INTO A PORTION OF CITY 4 PROPERTY KNOWN AS LAKE 5 JOYCE AND A 25' STRIP OF CITY 6 PROPERTY AROUND LAKE JOYCE 7 LOCATED AT THE REAR OF 4441 8 BLACKBEARD ROAD 9 10 WHEREAS, Lewis F. Affronti, Jr. and Patricia J. Affronti (the "Affrontis") have requested permission to maintain two existing bulkheads, to construct and maintain one 12 additional bulkhead, steps, and retaining wall, to remove the existing docks and to 13 construct and maintain a proposed dock, proposed riprap (74 linear feet) and new batter 14 pile, to remove a tree causing damage to the existing bulkhead and to install proposed 15 landscape buffers into existing City property known as Lake Joyce and the 25' strip of City 16 property around Lake Joyce, located at the rear of 4441 Blackbeard Road. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 26 and 15.2-2107, Code of Virginia, 1950, as amended, the Affrontis, their heirs, assigns and 27 successors in title are authorized to maintain one existing bulkhead, steps, and retaining 28 wall, to remove the existing docks and to construct and maintain a proposed dock, 29 proposed riprap (74 linear feet) and new batter piles, to remove a tree causing damage to 30 the existing bulkhead and to install proposed landscape buffers into existing City property 31 known as Lake Joyce and the 25' strip of City property around Lake Joyce, located at the 32 rear of 4441 Blackbeard Road, as shown on the map entitled: "EXHIBIT 'A' - 33 ENCROACHMENT for Lewis F. Affronti and Patricia J. Affronti" prepared by Professional 34 Construction Consultants, LLC, dated June 16, 2016 and revised August 9, 2016, a copy of 35 which is attached hereto as Exhibit "A" and on file in the Department of Public Works and 36 to which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the agreement between the City 40 of Virginia Beach and the Affrontis (the "Agreement"), an unexecuted copy of which has 41 been presented to the Council in its agenda, and will be recorded among the records of the 42 Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 49 time as the Affrontis and the City Manager or his authorized designee execute the 50 Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2016. CA-13621 R-1 PREPARED: 9/1/16 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL �FFIC . N Y AND FORM: PUBLIC WORKS, REAL ES C TY - TORNEY c-i-77-1(/ DANA R. 1140106R N LAKE JOYCE w APO 2 `` N/F CITY OF VIRGINIA BEACH /, A GRIN: 1570 80 2438 3, PROPOSED RIPRAP EX. DOCK (TO BE REMOVED) APPROXIMATELY 74 LF. CLASS 1 M.B. 31 P. 53 ENCROACHES MAX. 30.5' Fs- INTO CVB PROPERTY PROPOSED DOCK QUARRY STONE TO BE ALONG EXISTING TIMBER NSTALLED BBULKHEAD REMOVE EX. DOCK s"( 's APPROX. LOCATION OF % NEW BATTER PILE (TYP) OHW REACHES EX. BULKHEADEX. BULKHEAD ENCROACHES MAX. ".-ergr _ta: . 16, 27.0' INTO CVB PROPERTY W �`�.,, y�. y- �,.=a. EX. BULKHEAD CONVERT TERRACE � TO MULCH BEDS r. ��—.:� ---TREE CAUSING DAMAGE 235 SF 4 W©5�� �it� i, TO EX. BULKHEAD PROPOSED LANDSCAPE t401 REMOVED (PROPOSED I . NI rn"' sr �' , :. N • CITY OF MONO BEACH i ' SCALED FROM NAT.. GM Ts�o eo s+x 620 SF / TURF LAT 4 (PROPOSED LANDSCAPE `�• STEPS ENCROACH MAX. BUFFER) 20.8' INTO CVB PROPERTY TURF EX. RETAINING WALL ENCROACHES MAX. TURF w 23.7' INTO CVB PROPERTY PROPOSED RIP RAP WILL TURF ��j , ENCROACH MAX. 33.7' gi' TURF INTO CVB PROPERTY �'�"�� EX. MULCH BED (APPRO F) �f� �WOOD� EX. MULCH BED PROPOSED DOCK WILL � X 515 5 ,%DECK PAVER WALK (APPROX 230 SF) ENCROACH MAX. 29.9' /L A��mi��������� INTO CITY PROPERTY 1Rr / Vi I �j Wto LOT 22 10 PROPOSED BATTER PILES & N/F PHILLIP TEMPLETON • 4445 BLACKBEARD ROAD WILL ENCROACH MAX. 27.9' o GPIN: 1479 79 7493 INTO CITY PROPERTY 1 STORY FRAME m #4441 EROSION & SEDIMENT LOT 20 CONTROL LEGEND N/F MICHAEL MARENS JR. — /) TEMPORARY TREE 4437 BLACKBEARD ROAD 3 ) PROTECTION GPIN: 1479 79 6288 g I a r TP STANDARD & SPEC. 3.38 N N to $ BUFFER REQ'D: 74'x15'=1,110 SF '' m BUFFER PROVIDED: 855 SF 2 CONI. . PROPOSED 855 SF LANDSCAPE ���PLT H •F �' DRIVE BUFFER INCLUDES PLANTINGS OF: CANOPY TREES: O / LOT 21 BLACKBEARD ROAD (2) WHITE OAK ei2wAHA2 (M.B. 31, PG. 53) �''�•- �Q`-�' �•� GPIN: 1479 79 7343 UNDERSTORY TREES: o RICHARD T. :ARTI_ETT D A . (4) REDBUD AND DOGWOOD LIC. P (C 88335 (6) SHRUBS TO BE PLANTED AMONG THE TREES AND THROUGHOUT THE -0 AUGUST 9, 2. c.4.87,- IN(F) as , BUFFER AREA THAT WILL R.246.22' S 4700' W 59.00' PIN(F)F ARCHITECTURALLY BLEND WITH THE O/` <ci SPECIES OF TREES PLANTED MISC. GROUND COVER, �ss��N A L 0 BLACKBEARD ROAD (50' R/W) ORNAMENTAL GRASSES & PERENNIAL PLANTS This Mb plan Is based on 0 30' 6°' P� ded or In SPECIES MAY VARY DEPENDING ON 3 AVAILABILITY AT TIME OF PLANTING ._J_ IIIIII Prepared without tea benefit or a O'search. REV 8/9/2016 1" = 30' EXHIBIT "A" - ENCROACHMENT ZONING: R-10 FOR LEWIS F. AFFRONTI & PATRICIA J. AFFRONTI ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757) 773-8064 EMAIL: RICKOPCC-LLC.COM JUNE 16, 2016 SHEET 1 OF 1 hN �� p e- QW Apel e- h : -5 �Q- �4, ZI- QQn oO m <0 V OWCV WCO 0) N N O � 4/ 17,20cTrs. 2 co O -f,. UO 0 .1•u. m a ^ s Od d1 c� ,n v w a v 06,, c9 w w s 9 a 4— Q •• 4-1 C CO U 0- 0- CZ QQ I 4-I H -0 C1 r 4 cc Ts C W - fp N n X n' U i s I. a CO CO � a a• ° U Cr 3• p o C 44. r W g., •Elmo C #;P55(5 0 t i 6•1 „33'''� Q ' i '. r P C co A • $ d .. ' `.4 i..:.,''7. i .!,.,'. , , ,.'i' ,',,,,,.'i:..,..1',,'.4,,,..-.... i 5. .. E 5.t i ,. #i til /3 O 4111. CY CC CU ” � +� CRi I) C1J SI b .. fa .et m u- C 1--1 U c W ++ C O L 4- C U Q "0 f5 cra) cc 12 fp E S U U fp CD co 2 r-1 U �t c W ggr t Ff VirginiaBeach Lewis F. Affronti APPLICANT'S NAME I4N ?0,-1-,(t‘ct 0,,c\ aF�Ro N_cN DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary ar. 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 rOR CITY USE ONLY 1 All/Ciiscl...r t mug be=.; c.. c=: .tip ,t i;tc' r z„'n<Ins, ;u olai=r; Conirni SSE r)=.J-c1 l.i l'a<Id s :iIni e:it= fi_ to ik t ;.,?['?t�«, APPI..!CAN-T'NOTIFIF0 CM HEARING DAl I:: g NO CHANGES AS OF 01\ .: R Wito `"J''' REVISIONS SU9aMITTE D rr C y f Virginia Bead. X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Lewis F. Affronti PA,-rRkA 0,Fpa.o 1 If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. F---1 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: : . " ' Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY . ,........... :r r . ......,..... .. � � �y .. Wit•• ,�? .�• • c�> 'Y • 44-, t 5 1.. G�a�'�. lt5 . • • '4,1 4 • APPLICANT = Virginia Beach- :_..:.� . .,._.... . ..;.�.• �.,:�: PROVIDER ctiseadditto�ial sheets if •. YES [NO ' SERVICE l needed) i ❑ RI Accounting and/or preparer of L 1 your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El ® the Applicant}-identify purchaser and purchaser's service providers Any other pending or proposed ❑ EZ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Rick Bartlett,P.E.,PCC-LLC Financing (include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) EZI ❑ Legal Services Lep I ieejeScf'Ce4 Real Estate Brokers/ �_` ❑ 0. Agents/Realtors for current and anticipated future sales of the subject property t • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? • 0)4 .. . .,* 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. f Lewis F. Affront' q1,�1 /�, APPLICANTS SIGNATURE I PRINT NAME 9G ; 4 y/14 r —i i-' tri �" T ray ' '1TE 4)v1G 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 day of , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Lewis F. AFFRONTI, JR. & Patricia J. AFFRONTI, husband and wife, and their 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 "Baylake Pines, Lot 21, Blk 1, Section 1"; as shown on that certain plat entitled: "Subdivision No. 1 Baylake Pines, prepared by Frank Tarrall & Associates," February 1954 which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4441 Blackbeard Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain one existing bulkhead, one set of steps, a retaining wall, to remove existing dock and construct and maintain new proposed dock, proposed riprap (74 linear feet), new batter piles, to remove tree causing damage to existing bulkhead and install the proposed landscape buffers into existing City property known as Lake Joyce and 25' strip of City property around Lake Joyce, located at the rear of 4441 Blackbeard Road (collectively the "Temporary Encroachments"), in the City of Virginia Beach; and GPIN: 1570-80-2438; CITY PROPERTY (Lake Joyce/25' Strip of Land) GPIN: 1479-79-7343; 4441 Blackbeard Rd, Virginia Beach VA 23456 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into existing City property known as Lake Joyce and a 25' strip of City property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary 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 Areas as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT, FOR LEWIS F. AFFRONTI & PATRICIA J. AFFRONTI" prepared by Professional Construction Consultants, LLC dated June 16, 2016 and revised August 9, 2016 " a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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 the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of understory trees, shrubs and perennial plants (the "Buffer") The buffer shall conform with the Exhibit "A" attached to this agreement. The Grantee shall consult with the Department of Planning and Community Development on the composition of plants for the Buffer prior to its installation to 3 confirm plant suitability and acceptance. The buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Environment and Sustainability Office of the Department of Planning and Community Development when the buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary 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 Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 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, Lewis F. Affronti, Jr. & Patricia J. Affronti, the said Grantees, 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. Remainder of page 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 t .‘4, Lewis F. Affront. ., Own By / e-t_sz- Patricia J. Affronti, 0 ,T-r STATE OF Virgin ' C,k CITY/COUNTY OFN W1-01 K , to-wit: The foregoing instrument was acknowledged befor- me this (.24 day of p-I-trbx-2O16, by Lewis F. Affronti, Jr. ? ' A.A/ (SEAL) Notary f blit ' �I Notary Registration Number: NOTARY PUBL cP REGISTRATION 1 195604 COMMONWEALTH OF VIRGINIA My Commission Expires: MY COMMISSION EXPIRES MAY 31,2013 STATE OF V I r 01611.a_ CITY/COUNTY OP Nor-1-01 K , to-wit: The foregoing instrument was acknowledged before me this /1Geday of Spf m bt';r2016, by Patricia J. Affronti. A ,/ (SEAL) o P , 'c w EATHER L.KEMp Notary Registration Number: H � NOTARY P�iIIC REGISTRATION 0195604 COMMONWEALTH OF VIRGINIA My Commission Expires: MY COMMISSION EXJ+I.RES MAY 31,2011t ,{ 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUF IENCY AND FORM — . 14-1! k 414! SIGNATURE G -1—h o _ rA- EYER 6--�, SENIOR CITY ATTORNEY A)v.cb-QkL DEPARTMENT 8 k LAKE JOYCE \�. APO 2 N/F CITY OF VIRGINIA BEACH r A 8 GPIN: 1570 80 2438 A PROPOSED RIPRAP M.B. 31 P. 53 EX. DOCK (TO BE REMOVED) APPROXIMATELY 74 LF. CLASS 1 ENNNTROOCVB ACHESPMAX.R3005' PROPOSED DOCK QUARRY STONE TO BE INSTALLED 0. INTO ALONG EXISTING TIMBER REMOVE EX. DOCK BULKHEAD .5, APPROX. LOCATION OF a NEW BATTER PILE (TYP) OHW REACHES EX. BULKHEAD 16' EX. BULKHEAD ENCROACHES MAX. -�•� 6 27.0' INTO CVB PROPERTY •�,A�� iT i1`'L;N r-•T o it EX. BULKHEAD CONVERT TERRACE —`____w;rdi �. y�..1,,_�_ SI TO MULCH BEDS r_ ��_ �_ ---TREE CAUSING DAMAGE 235 SF �-�_e 7� ��A�._ TO EX. BULKHEAD (PROPOSED LANDSCAPE — � � „�4 REMOVED BUFFER) ��� �1 S an a 438 SLED `� ccrc i5703:01 s+x 620 SF L/ TUR OM PLAT..' t`,f Ia� (PROPOSED LANDSCAPE a• STEPS ENCROACH MAX. • 20.8' INTO CVB PROPERTY TURF o BUFFER) I EX. RETAINING INTO CVBLPROPERTYHES MAX. TURF PROPOSED RIP RAP WILL TURF ENCROACH MAX. 33.7' � TURF INTO CVB PROPERTY ,i. te, EX. MULCHBEDPROPOSED DOCK WILL (Ammo". 5415 sF) .WOOD EX. MULCH BED DECK PAVER WALK (APPROX 230 SF) ENCROACH MAX. 29.9' iiiiiiiii���ii. INTO CITY PROPERTY %L��_ .1i, PROPOSED BATTER PILES JJ/////l w 0 LOT 22 eA N/F PHIWP TEMPLETON WILL ENCROACH MAX. 27.9' c 4445 BLACKBEARD ROAD INTO CITY PROPERTY 1 STORY FRAME q GPIN: 1479 79 7493 m #4441 EROSION & SEDIMENT LOT 20 CONTROL LEGEND N/F MICHAEL MARENS JR. 3 TEMPORARY TREE 4437 BLACKBEARD ROAD PROTECTION GPIN: 1479 79 6288 g — I a - TP STANDARD & SPEC. 3.38 ;n 8 BUFFER REQ'D: 74'x15'=1,110 SF 2 • t BUFFER PROVIDED: 855 SF CONC. PROPOSED 855 SF LANDSCAPE FC T H of DRIVE ' BUFFER INCLUDES PLANTINGS OF: \'\ 4 /i/ •. CANOPY TREES: O • LOT 21 BLACKBEARD ROAD • (2) WHITE OAK wA (M.B. 31, PG. 53) ei2_,Li �� HA2 GPIN: 1479 79 7343 UNDERSTORY TREES: o RICHARD_ T. :ARTLETF D (4) REDBUD AND DOGWOOD LIC. (n :335 (6) SHRUBS TO BE PLANTED AMONG a AUGUST 9, 2. I•. THE TREES AND THROUGHOUT THE PIN(F) BUFFER AREA THAT WILL -O .e, R246.22' S 4700 W 59.00' PIN(F) ARCHITECTURALLY BLEND WITH THE ,n \� SPECIES OF TREES PLANTED eu S��N A L � v BLACKBEARD ROAD (50' R/W) MISC. GROUND COVER, ORNAMENTAL GRASSES & PERENNIAL PLANTS Mb n6.plan U boned on pied 0 30' 60' 3tCPq d U(CB)M.B. SPECIES MAY nd AVAILABILITY AT TIME OFY ENDING PLANTI GN u Prepared without 5u Wet«a MN"a'"` REV 8/9/2016 1" = 30' EXHIBIT AN - ENCROACHMENT ZONING: R-10 FOR LEWIS F. AFFRONTI & PATRICIA J. AFFRONTI ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757)773-5064 - EMAIL RICKOPCC-U.C.COM JUNE 16, 2016 SHEET 1 OF 1 C 7 itY 5A v. ) Z :.J lz'`w" 1 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Carry Forward and Appropriate $865,901 for Purposes Previously Approved in FY 2015-16 into the FY 2016-17 Operating Budget MEETING DATE: September 20, 2016 • Background: The Annual Appropriation Ordinance provides for the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances. However, funds that were approved for a specific purchase or contract, but remain unobligated or unencumbered at the end of the fiscal year lapse by operation of law. The originating departments may request such funding be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: • Funding was approved in FY 2015-16 to purchase a piece of equipment or renovate a small building but, due to extenuating circumstances, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; • Funds were approved by City Council by a budget amendment or City Manager by authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; and • Funds provided for a specific grant program were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements (discussed below) and also to ensure that there is sufficient fund balance to meet City Council's fund balance policy. • Considerations: Criteria applied by Budget and Management Services to determine whether or not funds are eligible to be carried over from one fiscal year to the next are as follows: • The funds requested to be carried over must remain in the same fund, budget unit, and account code in the new fiscal year as they were in the old fiscal year; • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as personal services, are not eligible for consideration; • The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit (as identified in the Operating Budget Ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $865,901. Of that amount, $545,746 is for the General Fund; $227,746 is for the Law Library Fund; $65,409 Police Federal & State Seized Assets Special Revenue Fund; and $27,000 Parks & Recreation Special Revenue Fund. is Public Information: Public information will be handled through the normal City Council agenda process. ■ Attachments: Ordinance, Exhibit A: FY 2015-16 Items Requested for Carry Forward into FY 2016-17 Recommended Action: Approval of Ordinance Submitting Dep. • i 411b£ ncy: Budget and Management ServicesQtb City Manager: 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $865,901 FOR PURPOSES PREVIOUSLY 3 APPROVED IN FY 2015-16 INTO FY 2016-17 OPERATING 4 BUDGET 5 6 WHEREAS, funding totaling $915,901 were unexpended at the close of the FY 7 2015-16 fiscal year and require re-appropriation to achieve the purposes for which such 8 funds were included in the FY 2015-16 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $865,901 is hereby appropriated in the FY 2016-17 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2015-16 15 Items Requested for Carry Forward into FY 2016-17," with revenue from the respective 16 fund balances of each fund. 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: 1 V1,0 David Bradley D rm er, Senior Finance Attorney Budget and Management Services City Attor y's Office CA13822 R-2 September 9, 2016 CITY OF VIRGINIA BEACH,VIRGINIA 9/7/2016 FY 2016-17 OPERATING BUDGET CARRY FORWARD REQUESTS Exhibit A: FY 2015-16 Items Requested for Carry Forward into FY 2016-17 Department Amount Purpose/Comments GENERAL FUND Planning $ 10,078 Green Ribbon Initiative Grant addressing water quality at 19th Street Corridor and the ViBe District;Historic Preservation Programs survey. Cultural Affairs/Arts&Humanities $ 4,519 Arts and cultural obligations. Commission Cultural Affairs $ 100,000 City grant match to the ViBe non profit organizations. Cultural Affairs $ 25,000 Two temporary sculpture projects coordinated with MOCA. Human Resources/Employee Special Benefits $ 60,000 Applications for tuition which will be paid when final grades are submitted. Human Services/MH PATH,PATH,DS Early $ 243,872 Restricted funding to support service delivery to these programs. Intervention,DS Infant Program EMS/Administration&Operations $ 65,850 Advertising to support volunteer recruitment and retention, donations to rescue squads for special event services already rendered,and EMT training activities. Housing&Neighborhood Preservation/Code $ 36,427 Accela for Citizen access and Database purging of records. Enforcement Newbern Lane Bulkhead Replacement Project. $ 545,746 TOTAL GENERAL FUND LAW LIBRARY FUND Law Library $ 227,746 Delay in renovation process. $ 227,746 TOTAL LAW LIBRARY FUND DEA SEIZED PROPERTY SPECIAL REVENUE FUND Police/DEA Uniform Patrol Grants $ 16,180 CIT training to Police/Sheriffs/Human Services personnel. Police/DEA K-9 $ 26,600 Purchase of K-9 dogs. Police/DEA Special Investigative Unit $ 22,629 Two vehicles. $ 65,409 TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND PARKS&RECREATION SPECIAL REVENUE FUND Parks&Recreation/Landscape Special Zone $ 27,000 Veritop Field Crawler,Litter Kat with Magnet,Turf Groomer with Mgmt. Princess Anne Tine Rake. $ 27,000 TOTAL PARKS&RECREATION SPECIAL REVENUE FUND 'i fi101..°.F: xrT CARRY OVER* �C« w�7v ika x i'-'i,..:, $,-, 57.y CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate Revenue from Fees for Service and to Add Three Full-Time Positions to the Department of Human Services for Developmental Services Case Management Services MEETING DATE: September 20, 2016 • Background: As a part of the Department of Justice (DOJ) settlement with the Commonwealth of Virginia, additional case management responsibilities have been assigned to the Developmental Services division of the Community Services Boards (CSB) by the Virginia Department of Behavioral Health and Developmental Services in the annual Performance Contracts. These include the additional mandate to service individuals with Developmental Disabilities (DD) Waivers or who are on the DD Waiver waitlist, increased documentation requirements, and added compliance and billing oversight of outside vendors providing case management services to shared clients. • Considerations: Effective September 1, 2016, the CSBs will become the central point of intake for DD case management. For the City of Virginia Beach, this means contracting with approximately 85 individuals who are currently receiving case management services from other vendors. While those individuals will continue to receive case management services from their current providers, the VBCSB will take on responsibilities for billing and compliance oversight. Additionally, more than 125 individuals on the DD Waiver waitlist need to be monitored for services by VBCSB case managers. Over the past few years, requirements for increased face-to-face visits, and participation in Supports Intensity Scale assessment meetings that last up to three hours, have made it difficult for case managers to support current caseloads. In order to comply with the DOJ settlement mandates, the Department of Human Services is requesting to add three full-time MH/MR Clinician l's to provide case management services. The FY 2016-17 Operating Budget of the Department of Human Services' Developmental Services Division includes funding for 23 full-time and 2 part-time MH/MR Clinician l's and II's, with full-time employees carrying an average client caseload of 29-32 individuals. There are 6 full-time MH/MR Clinician III's and IV's who act as line supervisors and carry client caseloads of between 10 and 15 in addition to their supervisory duties. One MH/MR Supervisor ll coordinates the entire Developmental Services case management program. This request will increase the number of full-time case managers to 26 who will carry client caseloads between 28 and 31 each. The cost to add these 3 FTEs is $186,434 for salary and fringe benefits and $18,000 for support costs totaling $204,434. On average, case managers bring in $87,000 each in service fee revenue per year. This request is to appropriate fee revenue to the DHS FY 2016-17 Operating Budget totaling $204,434, which will cover these additional costs. The Department is not asking for any City General Fund support for these positions. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of ordinance ■ Attachments: Ordinance Recommended Action: Approval `' Submitting Dep . • •ency: Depa of Human Services 4 City Manager: ,`\ 1 AN ORDINANCE TO APPROPRIATE REVENUE FROM 2 FEES FOR SERVICE AND TO ADD THREE FULL-TIME 3 POSITIONS TO THE DEPARTMENT OF HUMAN 4 SERVICES FOR DEVELOPMENTAL DISABILITY CASE 5 MANAGEMENT SERVICES 6 7 BE IT ORDAINED BY THE COUNIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $204,434 in fees for service revenue is hereby appropriated, with estimated 11 revenues increased accordingly, to the FY 2016-17 Operating Budget of the 12 Department of Human Services for additional personnel and related costs to 13 provide developmental disability case management services; and 14 15 2. Three full time MH/MR Clinician I positions are hereby authorized in the 16 Developmental Services Case Management program unit of the Department of 17 Human Services. 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: DOkilf‘jin2A0JSZlii) David Bradley Dana H. eyer, Senior Finance Attorney Budget and Management Services City Attorney's Office CA13827 R-1 September 7, 2016 G1h1A Elk f4 e Y } <,,i„, ;s, C4 '•ayp CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Virginia Task Force Two Urban Search and Rescue Team in Response to Louisiana Flooding MEETING DATE: September 20, 2016 • Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. On August 17, 2016, the Team received orders for three Incident Support Team Urban Search and Rescue Specialists to be deployed to Denham Springs, LA. The members received a demobilization order on August 21, 2016. • Considerations: Upon alert and activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred to support this event. As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment, and demobilization of Virginia Task Force 2. The total amount authorized by FEMA for this deployment is $40,000. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depart - • Agency: Fire Department City Manager: , 119 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE VIRGINIA TASK FORCE TWO 3 URBAN SEARCH AND RESCUE TEAM IN 4 RESONSE TO LOUISIANA FLOODING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $40,000 in funding from the U.S. Department of Homeland Security is 10 hereby accepted and appropriated, with estimated federal revenue increased 11 accordingly, to the Fire Department's FY 2016-17 Operating Budget to reimburse for the 12 deployment of three members of FEMA Task Force Two to Denham Springs, Louisiana 13 in response to the recent 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: APP' • I AS TO LEGAL SUFFICIENCY: ,E) David Bradley - - ' • eyer, Senior Finance Attorney Budget and Management Services City Attorney's Office CA13821 R-2 September 7, 2016 [ ,-1- All'e',1'+, (4 o,p. �µ - x47! Z_ .1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Department of Motor Vehicles to the Department of Public Works MEETING DATE: September 20, 2016 • Background: Traffic Engineering/Traffic Safety is a rapidly changing and expanding field. Therefore, there is a regional need for training in traffic engineering and traffic safety to reduce crashes. The City of Virginia Beach Department of Public Works annually receives federal funding from the Department of Motor Vehicles to provide on- site training in traffic engineering and traffic safety. This training is available and provided to all localities within Hampton Roads. In the past, the annual grant amount was the same every year. Funding totaling $15,000 is annually estimated for this grant as a part of Public Work's Operating Budget. However, Public Works received $20,000 for this grant program in FY 2016-17. This item is to accept and appropriate the additional remaining $5,000. The City's match is in-kind, requiring no additional funding from the City. • Considerations: The additional grant funds will provide Public Works with adequate resources to host this on-site training. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Dep. + entlAgency: Public Works k) i) City Manager: SII 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE DEPARTMENT OF MOTOR 3 VEHICLES TO THE DEPARTMENT OF PUBLIC WORKS 4 5 WHEREAS, the Department of Motor Vehicles has awarded the City of Virginia 6 Beach $20,000 to provide Regional Training in Traffic Engineering in Hampton Roads; 7 and 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That $5,000 in grant funds is accepted and appropriated with state revenue 13 increased accordingly, to the Public Works Department to provide traffic engineering 14 and traffic safety training. 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: David Bradleyo an- 'armeyer, Senior Finance Attorney Budget and Management Services City Attorney's Office CA13828 R-1 September 7, 2016 Cry,�*\ABpA' r04 gig: -....„7:, W fl ;.4Vwvl,♦ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation's Highway Safety Improvement Program to CIP #2-111, "Traffic Safety Improvements IV" MEETING DATE: September 20, 2016 • Background: The Highway Safety Improvement Program (HSIP) was authorized in the federal transportation bill "Moving Ahead for Progress in the 21st Century," also known as MAP-21. HSIP is structured and funded to make significant progress in reducing highway fatalities and severe injuries on all public roads through infrastructure and operational engineering improvements. The program is intended to help local sponsors fund community based projects for roadway safety. HSIP is a data- driven, strategic approach program for infrastructure improvements associated with all highway travel modes. The main goal of the program is to reduce crashes and their consequences in order to enhance Virginia's vision that everyone should "Arrive Alive." HSIP is part of the core federal-aid highway program. It is not a grant program, and funds are only available on a reimbursement basis with VDOT providing the 10% local match. The City received $319,950 in HSIP allocations for a flashing yellow arrow (FYA) left turn signal project. The total construction cost for this project is $355,500. VDOT will provide the required 10% match ($35,550) to construct the project. • Considerations: The project will change protected-permissive left turn signals to flashing yellow arrow left turn signal phasing at 23 intersections along seven urban minor arterial corridors throughout the City. This project will greatly improve the safety by reducing left turn movement crashes at almost two dozen signalized intersections. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Maps (7), Ordinance Recommended Action: Approval of Ordinance Submitting Dep- �- 4 e• I ' •ency: Public Works vikt\ City Manager: i � 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION'S HIGHWAY SAFETY 4 IMPROVEMENT PROGRAM TO CIP #2-111, 5 "TRAFFIC SAFETY IMPROVMENTS IV" 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That $319,950 in Federal revenue and $35,550 in State revenue is accepted and 11 appropriated with revenue increased accordingly to CIP #2-111 Traffic Safety 12 Improvements in the FY 2016-17 Capital Improvement Program. 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: ) (;ADI David Bradleyrmeyer, Senior Finance Attorney Budget and Management S ices City Attorney's Office CA13826 R-1 September 7, 2016 co o co icy I'� Proieet ��t T' vr n et o s 2014 ADT=29,528 vpd Ain tfi Four Uee 4141 Proposed Flashing Yellow Arrow Location Holland Road from Windsor Oaks Boulevard to Green Run Boulevard 1 N ft. v _ cQ 0 v 0 c m v Q pro) .ect 1im.1ts tx� .... .:.... 2014 ADT= 16,034 vpd / �W. `vv gtrh t,1 4 A,. ». t 41 w � Proposed Flashing Yellow Arrow Location North Witchduck Road from Baker Road to Sullivan Drive 2 N U $11\ ''I, ill If% 2014 ADT=37,200 vpd 1 Proposed Flashing Yellow Arrow Location South Independence Boulevard from Green Meadows Boulevard to Dahlia Drive 3 ,-, 'S z. _ Poly ci t s ,.. ,- -;.. ....ossi .„.„ ... ,,._ N , .. .., ..., , . ,, .., .,„ A ,> e pc,. A, 0 .,, -y, r ...,,r. r• ,.."' )if* -;:r., •ec oN '`..._...1 .4.- 'k.•- livt'l 'ZI• , ./...- .R..9 ,.. ,•,`" , - I/ 1,J ,..,,. ) < 2014 ADT=23,822 viod 'el Proposed Flashing Yellow Arrow Location I Baxter Road from Kenley Road to Centre Pointe Drive 4 N Li / 2014 ADT= 31,244 vpd •k\ .0 t A 1 2015 ADT=30,490 vpd 1 1 Proposed Flashing Yellow Arrow Location Princess Anne Road from Edwin Drive to Green Meadows Drive/Timberlake Drive 5 ....., ,.,. . . N fit, (,al,q1t '0 SV 00 kiN. P1'..A-SSO 1,-.K 76..?. 9) 2. tP - --. , 2014 ADT= 17317 vpd ,---)' to Project Limits , , tratAvv4plow,tis ta 73 cl- y ass — - -: •73 • parkway Lynnhaven . 1.70800-4t- 0. _.. ,.,,. .... ..., ,, , „... ......• -... ,-.- .;:.. 41 Proposed Flashing Yellow Arrow Location::. -...... -: -...- ...f ...,..,, Lynnhaven Parkway from Pleasant Valley Road to Round Hill Drive 6 a N m m a D -o cc o. 0 I 2014 ADT=41.087 vnrl 141110 IA\ Skoal `N o\{SaC e Proposed Flashing Yellow Arrow Location First Colonial Road from Wolfsnare Road to Mill Dam Road 7 i t"� fi, kt' �7 R - `` :v. CITY OF VIRGINIA BEACH • AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Fire Department for its Marine Team MEETING DATE: September 20, 2016 • Background: The U.S. Department of Homeland Security has awarded the Virginia Beach Fire Department $21,300 in federal grand funds under the FY 2016 Port Security Grant Program for its Marine Team. The Virginia Beach Fire Department's Marine Team provides initial response to fire, hazardous materials, search, and rescue incidents. The purpose of the grant is to provide funding for personal protective equipment for members of the Virginia Beach Fire Department's Marine Division as listed below: Item Computation Cost Manual inflation Personal Flotation 20 x$300 $6,000 Device Rescue harnesses Fins 20 x$100 $2,000 Equipment Bags 20 x$70 $1,400 Suits, Dry, Surface Water 5 x$1200 $6,000 Operations Protective Undergarment, Surface Water 5 x$175 Operations $875 Gloves, Surface Water Operations 5 x$75 $375 Footwear, Surface water 5 x$70 $350 Operations Helmet, Water Operations 5 x$140 $700 Man Overboard Devices 12 x$300 $3,600 Total Equipment $21,300 ■ Considerations: There is no local match requirement for this grant. The program period for this grant is 9/1/16 through 8/31/19. ■ Public Information: Public Information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De• - • ' gency: Fire Department �� - City Manager 1 k •Il. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE FIRE DEPARTMENT FOR ITS MARINE 3 TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $21,300 is hereby accepted from the Department of Homeland Security and 9 appropriated, with estimated federal revenues increased accordingly, to the FY 10 2016-17 Operating Budget of the Fire Department to purchase twenty personal 11 flotation device rescue harnesses, twenty fins, twenty equipment bags, five dry 12 suits, five undergarments, five glove sets, five surface water operations footwear, 13 five water operation helmets and twelve man overboard devices. 14 15 2) The City makes no commitment that the equipment purchased with these grant 16 funds will be replaced should the equipment fail or reach the end of its useful life. 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: Dair (')) • David Bradley D. • : ' - meyer, Senior Finance Attorney Budget and Management Servi es City Attorney's Office CA13820 R-2 September 7, 2016 Eus , 1 ;k"� . f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the FY 2016-17 Operating Budget of the Department of Police for the Enforcement of Seat Belt Laws MEETING DATE: September 20, 2016 • Background: The Virginia Department of Motor Vehicles (DMV) awards grants for enhanced seat belt enforcement. The Seat Belt Enforcement gran- will be active from October 1, 2016, through September 30, 2017. Officers will use the funding for overtime for selective traffic enforcement, the Click-It-or-Ticket campaign, and several traffic checkpoints. • Considerations: The grant provides $52,000 of DMV funding and requires a $26,000 match, which will be funded through the Police Department's Operating Budget. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep r mei * gency: Police Department h - City Manager: IIIINi 9tc___ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2016- 3 17 OPERATING BUDGET OF THE POLICE DEPARTMENT 4 FOR THE ENFORCEMENT OF SEAT BELT LAWS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) $52,000 is hereby accepted from the U.S. Department of Transportation 10 National Highway Traffic Safety Administration via the Virginia Department of Motor 11 Vehicles and appropriated, with estimated federal revenues increased accordingly, to the 12 FY 2016-17 Operating Budget of the Police Department for enhanced traffic enforcement, 13 the Click-It-or-Ticket campaign, and several traffic checkpoints; and 14 15 2) $26,000 is hereby transferred within the FY 2016-17 Operating Budget of the 16 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ( • David Bradley Dana .rmeyer, Senior Finance Attorney Budget and Management Services City Attorney's Office CA13823 R-2 September 7, 2016 CN,N{A81 of --- '0 1,-,, 4^ Nom,. CITY OF VIRGINIA BEACH \, AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the FY 2016-17 Operating Budget of the Department of Police for Enhanced DUI Enforcement MEETING DATE: September 20, 2016 • Background: The Virginia Department of Motor Vehicles (DMV) awards grants to the Virginia Beach Police Department for enforcement initiatives. The DUI Enforcement grant will be active from October 1, 2016, through September 30, 2017. The department will use the funding for overtime needed for enhanced DUI enforcement. The grant will also fund the purchase of speed detection devices. • Considerations: The grant provides $62,466 and requires a local grant match of $31,233, which will be transferred within the FY 2016-17 Operating Budget of the Police Department. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De• - - • gency: Police Department La_ (-.( ?Le_ City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2016- 3 17 OPERATING BUDGET OF THE POLICE DEPARTMENT 4 FOR ENHANCED DUI ENFORCEMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) $62,466 is hereby accepted from the U.S. Department of Transportation 10 National Highway Traffic Safety Administration via Virginia Department of Motor Vehicles 11 and appropriated, with estimated federal revenues increased accordingly, to the FY 2016- 12 17 Operating Budget of the Police Department for police officer over-time and equipment 13 related to the enforcement of DUI laws; and 14 15 2) $31,233 is hereby transferred within the FY 2016-17 Operating Budget of the 16 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \ r, "cam I . .� David Bradley ana rmeyer, enior Finance Attorney Budget and Management Services City Attorney's Office CA13824 R-1 September 7, 2016 K. PLANNING 1. SHORE VENTURES ASSOCIATES,LLC. Subdivision Variance to Section 4.4(b) of the Subdivision Regulations re single family dwellings at 457 Kirkwood Lane DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 2. DAVID N. REDA,TRUSTEE OF FIRST VIRGINIA LAND TRUST, Street Closure of Road Number#4 and a portion of a 20-foot private road, adjacent to 1275 Baker Road. DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. PEMBROKE SQUARE ASSOCIATES, LLC. Modification of Conditions re indoor recreation at 4554 Virginia Beach Boulevard DISTRICT 4 -BAYSIDE RECOMMENDATION: APPROVAL 4. B.H.VINELAND Conditional Change of Zoning from AG-2 Agricultural to Conditional R-5D Residential at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road. DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. BRYANA GUCKIN Conditional Use Permit re home occupation for Internet sales at 1225 Orkney Drive DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 6. RALPH J. NAHRA/RALPH J.AND DEBBIE M. NAHRA, Conditional Use Permits re motor vehicle sales, rentals and auto repair at 1017 Aragona Boulevard DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. WAL-MART STORES, INC.,3216/LAKE GEM II,LLC AND WAL-MART REAL ESTATE BUSINESS ETC. Conditional Use Permits re bulk storage: a. 1149 and 1169 Nimmo Parkway DISTRICT 7—PRINCESS ANNE b. 2021 Lynnhaven Parkway DISTRICT 3 —ROSE HALL c. 657 Phoenix Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH Ordinance to AMEND Section 4.1 and ADD Section 1.115 of the Site Plan Ordinance, pertaining to the"Lowest Floor and Plan Notes"re the Floodplain RECOMMENDATION: APPROVAL ie f ��7 r'O '' 'r "- 7 +'F zt -i 'L ra -,rLV' NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach,Virginia,on Tuesday,September 20,2016 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 2-KEMPSVILLE BRYANA GUCKIN Conditional Use Permit (Home Occupation-Internet Sales)1225 Orkney Drive(GPIN 1476003102) DISTRICT 4-BAYSIDE DAVID N. REDA,TRUSTEE OF FIRST VIRGINIA LAND TRUST Street Closure(Road No.4&20-Foot Private Road) Adjacent to 1275 Baker Road (Adjacent to GPIN 1469000801) DISTRICT 7-PRINCESS ANNE WAL-MART STORES,INC.3216/LAKE GEM II,LLC& WAL-MART REAL ESTATE BUSINESS ETC.Conditional Use Permit(Bulk Storage Yard)1149&1169 Nimmo Parkway(GPINs 2414261130,2414256765) DISTRICT 5-LYNNHAVEN SHORE VENTURES ASSOCIATES, LLC Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations 457 Kirkwood Lane (GPIN 1487068873) DISTRICT 3-ROSE HALL WAL-MART 2529 / WAL-MART REAL ESTATE BUSINESS ETC.Conditional Use Permit(Bulk Storage Yard)2021 Lynnhaven Parkway(GPIN 147 59 702 97) DISTRICT 7-PRINCESS ANNE B.H. VINELAND Conditional Change of Zoning from AG-2 Agricultural to Conditional R-5D Residential. 1046&1050 Old Dam Neck Road and 1037 Dam Neck Road (GPINs 2415652006, 2415640845, 2415652205).Comprehensive Plan:Suburban Area. Density is 4.3 units per acre. DISTRICT 4-BAYSIDE PEMBROKE SQUARE ASSOCIATES, L.L.C. Modification of Conditions (Indoor Recreational Facility) 4554 Virginia Beach Boulevard (GPIN 1477562034) DISTRICT 4-BAYSIDE RALPH J.NAHRA/RALPH J.AND DEBBIE M.NAHRA Conditional Use Permits (Motor Vehicle Sales & Rentals, Automobile Repair Establishment) 1017 Aragona Boulevard(GRIN 1478049650) DISTRICT 6-BEACH WAL-MART 1688 / WAL-MART REAL ESTATE BUSINESS ETC.Conditional Use Permit(Bulk Storage Yard)657 Phoenix Drive(GPIN 1496387496) CITY OF VIRGINIA BEACH -An Ordinance to Amend ' Section 4.1 and to Add Section 1.115 of the Site Plan Ordinance, pertaining to the Lowest Floor and Plan Notes in regard to the Floodplain. All interested parties are invited to attend. Ruth Hodges MC 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 nr+r..,'/.v:v,.v yr;};rrva_,'I,, 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:SEPTEMBER 4&11,2016 .4 Lq, 01-j eitpl 1 ce ___,J ----III i Fill ..--------:--------___.. 7 i allf 1 ! _ .. fir ---7:7 1----1 * II.. it 1----- i J--- ? /---." t? --7 ----- - c -----, / ----i [f ---Th ( El -''''''--_ __, ----- 81141e I - ,'",,-,,,___ _. L I / L-17 , / Abu I I , - ------ --.._ 1 ,,.i. ._. .., w---.7-41 521 1.----L_______ 'Nit --------_____- T i I----, if 4.2 ts______I 4....,,j uo in D ,..: 4.,i, „up cis.„N , sm, u u. ,.vin..., ficwsiii .... . Lr_z_ r„..... Alibk "F---i -7 xi;t 10. r----1- IX f j. — - 7-1,11441 ta„j . ------] 0 lir 1 C --., '114441.W..------------ I ' , ' d ' L.----Erl II Efi i etri( / I rj / i\ 1 , I/ ,;"/ "ic �o,`aG �cyy� r N si i l J it4z IJ J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SHORE VENTURES ASSOCIATES, LLC [Applicant & Property Owner] Subdivision Variance to Section 4.4(b) of the Subdivision Regulations, 457 Kirkwood Lane (GPIN 1487068873). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: September 20, 2016 • Background: The existing duplex on the site was originally built as a single-story barrack within Camp Ashby, a World War II Prisoner of War camp. At some point, the building was converted into a duplex, which is a non-conforming use within the residential district. The subject site was created by plat in 1961 and is zoned R-7.5 Residential District. The applicant requests a Subdivision Variance to lot width for the purpose of subdividing the 22,000 square-foot parcel into two residential lots. One of the proposed parcels is deficient in lot width by 2.89 feet and, as such, requires a Subdivision Variance. The existing duplex on the property is proposed to be demolished and a new single-family dwelling is proposed on each of the created parcels. • Considerations: This request will remove a non-conforming duplex and replace it with two single- family dwellings that are consistent with the character of the neighborhood. Both of the proposed parcels meet the requirements for lot area and will be similar in size, dimension and layout with the existing parcels on the block. The variance of 2.89 feet to the minimum lot width requirement of 75 feet, in this instance, will be indistinguishable from the other conforming lots along Patton Lane. 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 item. ■ 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. 1. When subdivided, the property shall be subdivided as shown on the submitted preliminary plat entitled "SUBDIVISION OF PARCELS `E' & 'F' AS SHOWN ON SUBDIVISION OF THALIA MANOR M.B. 41 PG. 56, M.B. 52 PG. 32," dated March 15, 2016, and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach Shore Ventures Associates, LLC Page 2 of 2 City Council and a copy of which is on file with the Virginia Beach Planning Department. it Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (7 aJ City Manage 4 I I bla I ►value Applicant & Property Owner Shore Ventures Associates, L.L.C.AiB Agenda Item Public Hearing August 10, 2016 City Council Election District Lynnhaven 8 Virginia Beach Request Q;nt Subdivision Variance (Section 4.4(b) of the pn wiNe Geccent "Optl tete tans Subdivision Regulations) ; Mo,kY�e t.ne a—... Sa 0,,,,, non tn,. J LF a o 4'0,i.„ Staff Planner B < = 3 c o S 19. ,na n { Jimmy McNamara ""^aetao,. '' S b° S `^ 1 u h Ed'^ew Location ."+, +�, iV G°n„,Ral457 Kirkwood Lane gap `' ` GPIN 1487068873 t,ba5beet A a°c E •Site Size E s 8,742 square-feet s v I AICUZ i "•on,a ..,„04,,. tamp,Court Lfmot Avenue Less than 65 dB DNL e� Existing Land Use and Zoning District Duplex/R-7.5 Residential Surrounding Land Uses and Zoning Districts 0f ' 1 ' North • �' +� tea:; Single-family dwelling/R-7.5 Residential , `�'`"ems t , *t 7s4~sh. South \ - 4.° ., # .ter �P Single-family dwelling/ R-7.5 Residential � � *e1!�' East1. `R - - ;. `/ .F Kirkwood Lane lF x Single-family dwelling/ R-7.5 Residential r < r t o 1 West G r 1,, 4� � `z. ff a Patton Lane - ' t. - "`` Single-family dwelling/ R-7.5 Residential �'ndei.Lane ,, , lam" ` _ 4':.:,e:,.:.... 4 ; 44'; J 4 4 Shore Ventures Associates, LLC Agenda Item 8 Page 1 Background and Summary of Proposal • The subject site, Lot 5,was created by plat on June 5, 1961 (Map Book 52, Page 32). The existing duplex was built as a single-story barrack within Camp Ashby,which existed as a World War II Prisoner of War camp. At some point,the building was converted into a duplex. • The applicant is proposing to subdivide the subject parcel into two parcels (Lot 5A and Lot 5B), and demolish the existing non-conforming duplex structure and construct a single-family dwelling on each of the newly created parcels. • Proposed Lot 5A will meet all the dimensional requirements of the City Zoning Ordinance. • Proposed Lot 5B will not meet the required 75-foot lot-width requirement by 2.89 feet. As depicted, Lot 5B will be deficient therefore, a Subdivision Variance to lot width is requested. Proposed Lot Configuration r _ Siir /I - Lot-513 j Lot SA R a 0 i j ---____ (y LI laribli .I .I .1 _. Required Proposed Parcel 5A Proposed Parcel 5B Lot Width in Feet 75 114.5 72.11* Lot Area in Square-Feet 7,500 13,258 8,742 *A Subdivision Variance is required for lot width. Shore Ventures Associates, LLC Agenda Item 8 Page 2 db111:9h P{ke n 14:7 5 E f 1") r./.4e, No Zoning History to Report i - r. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall area.This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. No significant environmental features appear to be associated with the site. From 1944 to 1946,the subject site served as a part of the Prisoner of War(POW) Side Camp known as Camp Ashby. During this time, nearly 6,000 German troops from the Afrika Korps were housed in the immediate area. This structure is one of few remaining buildings from Camp Ashby believed to be still in existence. Barrack buildings,such as the one found on the subject site,were set on concrete blocks and heated with coal stoves. Most POW camps,such as Camp Ashby,were very similar in layout. They contained approximately 20 barracks that housed a thousand or more men, contained four kitchens and mess halls,an auditorium, infirmary, chapel,canteen, latrines, recreation building and administrative building, all of which were surrounded by fences,guard towers and search lights. Local residents have reported finding jars filled with tobacco, eyeglasses and other small possessions in the area that encompassed the former Camp Ashby. City Staff is interested in photographing the interior of the building and any archaeological artifacts found onsite. Shore Ventures Associates, LLC Agenda Item 8 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Patton Lane No Data Available 6,200 ADT (LOS'"C") Existing Land Use a 20 ADT 11,100 ADT 1(LOS""E") Proposed Land Use -20 ADT 1 Average Daily Trips 2 as defined by a duplex Sas defined by two single-family 4 LOS=Level of Service dwelling. dwellings. Public Utility Impacts Water The site is currently connected to City water. There are existing six-inch water mains in both Patton and Kirkwood Lanes. The existing 5/8-inch water meter(City ID#95124121) can be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to City sanitary sewer service. There are existing eight-inch City sanitary sewer gravity mains in both Patton and Kirkwood Lanes. Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. This Subdivision Variance is requested to allow the applicant to create two lots for the purpose of developing two single- family dwellings. The parcel,as currently configured, is currently the only through-lot on the block that has frontage on both Kirkwood Lane and Patton Lane. The proposed subdivision would result in the creation of two parcels that are similar in size, dimension and layout to the existing parcels on the block and in the neighborhood. Additionally,the request would remove an existing nonconforming duplex, and replace it with two,single-family dwellings that are more in line with the character of the neighborhood. Based on the considerations above,Staff recommends approval of the request,subject to the condition below. Shore Ventures Associates, LLC Agenda Item 8 Page 4 Recommended Condition 1. When subdivided,the property shall be subdivided as shown on the submitted preliminary plat entitled "SUBDIVISION OF PARCELS'E' & 'F'AS SHOWN ON SUBDIVISION OF THALIA MANOR M.B.41 PG. 56, M.B. 52 PG. 32," dated March 15, 2016,and prepared by Gaddy Engineering Services, LLC,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. 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. Shore Ventures Associates, LLC Agenda Item 8 Page 5 Existing Subdivision Plat \ . s dved -11 �. v ..� � a 141 tu 94( iii I . . • -' ........ : _____ , .: ,a5 t: 4 ' . Lt it _, ' e k 1 . iv. ill w • '$ . .. _ ....41, .0"-aa.id w /� . :.•q.: ,3NV7 710 A1/711 • Shore Ventures Associates, LLC Agenda Item 8 Page 6 i Proposed Subdivision Exhibit PAT1t'J LANE (50'RAY) iB 41 PIG .56. PN(F) P/PE(FJ N 11'03'00" E 72 11' 2�- E S N 3476893.10 $TAS M 5: 12180731,35 y�C00 iAD I I 5' PRIVATE DRAINAGE 'col. S"' 11993 EASEMENT (TYP.) P grn d . LOT 58 et `OT 6 o SHORE VENTURES A-'F ASSOCIATES. LLC I ,EONN & 41ErP/(t nv 9,4/P - Co GPIN: 1487-06-XXXX vC/A? 1487_05-590? gni AREA = 8,742 S.F, OR I 'NcT, 20/511/0001101960 0.201 ACRES I 418 52 PC 32 ZONED P7 5 P/N(F) I �``�os`48 PIN(S) N 14 00'35"_E- ---� F P/N(P) 11 R 15' _ LO 7 5 Vir SHORE 1l(NTURES, evC I CP/N ;4,57-05-8,6,73 I INS 1/20150202000055830 4I8 52 PC 52 ZONED .P7 5 4PE4 = 22 000 5 F .0 o r 0 505 ACPE5 -ch tc LI of ^ LOT 5A - I °W z SHORE VENTURES ti I ASSOCIATES. LLC in - oft t/44/ GPIN: 1487-06-XXXX 0;'/e, AREA = 13,258 S.F. OR 1 0/ 0.304 ACRES I 5' PRIVATE DRAINAGE I I EASEMENT (TYP.) I /I/N(P) S 14'03'52` W i 1 P/N07 113:06' A1'c iriffX17 LANE (50'RAY) JAB 41 PIG 58 Shore Ventures Associates, LLC Agenda Item 8 Page 7 Site Photos ,+ ' *`# 2111V ' E ` .-a...r .,= ,r Ng ,1 f a�• r- ow a mom „. aorimill t ;T 3 +i 111111 - T11A Vie. tri- ��• .S _"'qhs Fi,, • 'X <.,n -fesf. rvr y 24 1 �Z/� 'rte. • _ s+ ' - Vii' — I.��— - ,..._. - 4001110 .0.41111.0141644, •"''11102ar Et- Shore Ventures Associates, LLC Agenda Item 8 Page 8 Disclosure Statement "irginia Beach APPLICANT'S NAME Shore Ventures Associates, L.L.C. 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 c I IY USE ONLY i,,; „ dalt, , ,, Page 1 of 7 .. .a. i, tv C in.i i<•.t I (d 5 t, i <l R;n a, ... Q APPIICAN I NOTIFIED OF HEARING DAlL NC/CHANCES AS or A;t Jimmy McNamara REVISIONS SUBMITTED calf I, Shore Ventures Associates, LLC Agenda Item 8 Page 9 Disclosure Statement 'NB Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Shore Ventures Associates, LLC If an LLC,list all member's names: Shore Ventures, Inc.: Michael Megge, President; EGO Holdings, LLC: Eric Olson, Sole Member; CBC, LLC:Burt Cutright, Sole Member 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. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Shore Ventures Associates, LLC Agenda Item 8 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach fist if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO 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 anv 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 Shore Ventures Associates, LLC Agenda Item 8 Page 11 Disclosure Statement APPLICANT Virginia Beach YES 1i i NO I [ SERVICE PROVIDER(use additional sheets if 1 needed)Z Accounting and/or preparer of your tax return CArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than rithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Cpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) U El Construction Contractors �_d C ❑ ! Engineers/Surveyors/Agents Gaddy Engineering Services,LLC Financing(include current Monarch Bank,Beco Capital,LLC mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) o n Legal Services Sykes,Bourdon,Ahern&Levy,P C Real Estate Brokers/ CX Agents/Realtors for current and anticipated future sales of the sub'ect •ro•ert • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C I^1I 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 Shore Ventures Associates, LLC Agenda Item 8 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. Michael Megge, President APPLICANT S SIGNATURE i PRINT NAME DATE Shore Ventures Associates,LLC Mg Memb,r Page 5 of 7 Shore Ventures Associates, LLC Agenda Item 8 Page 13 Item#8 Shore Ventures Associates, L.L.C. Subdivision Variance 457 Kirkwood Lane District 5 Lynnhaven August 10, 2016 CONSENT An application of Shore Ventures Associates, L.L.C.for a Subdivision Variance to Section 4.4(b)of the Subdivision Regulations on property located at 457 Kirkwood Lane, District 5, Lynnhaven. GPIN: 1487- 06-8873-0000. CONDITIONS 1. When subdivided,the property shall be subdivided as shown on the submitted preliminary plat entitled "SUBDIVISION OF PARCELS'E'& 'F'AS SHOWN ON SUBDIVISION OF THALIA MANOR M.B.41 PG. 56, M.B. 52 PG.32," dated March 15,2016, and prepared by Gaddy Engineering Services, LLC,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. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 8. AYE 9 NAY 0 ABS 2 ABSENT 0 HODGSON AYE HORSLEY AYE I N MAN ABS KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0-2,with the abstentions so noted,the Commission approved item 8 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. • 0 C'''...--, / --- ''''''-'' %., ,ze ../.,/ / / rp-----1 -------------- /.... / /----,'.. / !1I 4 \ i \--- 4 / / / ,., I \4 -, Lr` r <'' //z/z2 " Mfr A� �� ,rte � � 4 \ \ \--it em cc\\:„ < \ ,. / /0 r--7 , \ \\ \\ \(,..\., \F' ci-- 6/ II /11 V\ c\ --\-' c2 \ ..... ,,,‘,4*, ett T.: a in cc u 't r - 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of David N. Reda, Trustee of the First Virginia Land Trust, for the Closure of(1) an 829 Sq. Ft. Portion of Unimproved Right-of- Way Known as Road Number 4 and (2) a 377 Sq. Ft. Portion of a 20-Foot Wide Unimproved Road Located Within Property at 1275 Baker Road MEETING DATE: September 20, 2016 ■ Background: David N. Reda, Trustee of the First Virginia Land Trust, (the "Applicant") owns the property located at 1275 Baker Road (the "Property"), and has requested the closure of (1) an 829 sq. ft. portion of an unimproved right-of- way known as Road Number 4 and (2) a 377 sq. ft. portion of a 20-foot wide road (collectively, the "Rights-of-Way"). Both of the areas proposed for closure are located within the Property. No other parcels are adjacent to, or have an interest in, the Rights-of-Way. The 829 sq. ft. portion of Road Number 4 proposed to be closed was severed from the remainder of the roadway by a private lake over 50 years ago and is no longer accessible to the public. Thus, there is minimal public interest in this portion of Road Number 4. The Applicant's title company and the City Attorney's office were unable to conclusively determine if there is a public interest in the 377 sq. ft. portion of the 20-foot wide road proposed for closure. Thus, the closure of the 377 sq. ft. portion of the 20-foot wide road is regarded as a request to clear a potential title issue which could impact any future redevelopment of the Property, rather than being regarded as an extinguishment of public rights. • Considerations: Further details pertaining to the street closure, as well as Staffs evaluation of the request, are provided in the attached staff report. The Viewers determined that the closure of the Rights-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Because the areas proposed for closure were severed from the main portion of the subject roads by a lake over 50 years ago, the public benefit, if any, in the areas proposed for closure is minimal. This street closure is a formality to clear up a title issue, which could be an impediment to the redevelopment of the property. Therefore, it is not recommended that a purchase price be charged for this closure. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the portions of closed Rights-of-Way into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the portions of Rights-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the portions of Rights-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. • Attachments: Ordinance Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep - • e •ency: Planning DepartmentjgpC-49�-� City Manager: I 1 ORDINANCE APPROVING APPLICATION OF 2 DAVID N. REDA, TRUSTEE OF THE FIRST 3 VIRGINIA LAND TRUST, FOR THE 4 CLOSURE OF (1) AN 829 SQ. FT. PORTION 5 OF AN UNIMPROVED RIGHT-OF-WAY 6 KNOWN AS ROAD NUMBER 4 AND (2) A 377 7 SQ. FT. PORTION OF A 20-FOOT WIDE 8 UNIMPROVED ROAD LOCATED WITHIN 9 PROPERTY AT 1275 BAKER ROAD 10 11 WHEREAS, David N. Reda, Trustee of the First Virginia Land Trust (the 12 "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the 13 hereinafter described portions of unimproved rights-of-way discontinued, closed, and 14 vacated; and 15 16 WHEREAS, it is the judgment of the Council that said portions of unimproved 17 rights-of-way be discontinued, closed, and vacated, subject to certain conditions having 18 been met on or before one (1) year from City Council's adoption of this Ordinance. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 SECTION I 24 25 That the hereinafter described portions of unimproved rights-of-way be 26 discontinued, closed and vacated, subject to certain conditions being met on or before 27 one (1) year from City Council's adoption of this ordinance: 28 29 PARCEL 1: 30 ALL THAT certain piece or parcel of land situate, lying and 31 being in the City of Virginia Beach, Virginia, designated and 32 described as "DENOTES PORTION OF ROAD NO. 4 33 (UNIMPROVED VARIABLE WIDTH R/W) (MB 7, PG 45) 34 (MB 45, PG 44) (MB 55, PG 15) (MB 81, PG 54) AREA = 35 829 SF OR 0.019 AC", shown as the shaded area on that 36 certain exhibit plat entitled: "EXHIBIT SHOWING PORTION 37 OF ROAD NO. 4 (UNIMPROVED VARIABLE WIDTH RNV) 38 (MB 7, PG 45) (MB 45, PG 44) (MB 55, PG 15) (MB 81, PG 39 54) TO BE CLOSED VIRGINIA BEACH, VIRGINIA APRIL 40 15, 2016", prepared by MSA, P.C., a copy of which is 41 attached hereto as Exhibit A. 42 43 44 No GPIN (Public Right-of-Way) 45 (Adjacent GPIN: 1469-00-0801) I 46 PARCEL 2: 47 ALL THAT certain piece or parcel of land situate, lying and 48 being in the City of Virginia Beach, Virginia, designated and 49 described as "DENOTES PORTION OF 20' PRIVATE ROAD 50 (MD 7, PG 45) TO BE CLOSED AREA = 377 SF OR 0.009 51 AC", shown as the shaded area on that certain exhibit plat 52 entitled: "EXHIBIT SHOWING PORTION OF 20' PRIVATE 53 ROAD (MB 7, PG 45) TO BE CLOSED VIRGINIA BEACH, 54 VIRGINIA MAY 6, 2016", prepared by MSA, P.C., a copy of 55 which is attached hereto as Exhibit B. 56 57 SECTION II 58 59 The following conditions must be met on or before one (1) year from City 60 Council's adoption of this ordinance: 61 62 1. The City Attorney's Office will make the final determination regarding 63 ownership of the underlying fee. The purchase price to be paid to the City shall be 64 determined according to the "Policy Regarding Purchase of City's Interest in Streets 65 Pursuant to Street Closures," approved by City Council. Because the areas proposed 66 for closure were severed from the main portion of the subject roads by a lake over 50 67 years ago, the public benefit, if any, in the areas proposed for closure is minimal. This 68 street closure is a formality to clear up a title issue, which could be an impediment to the 69 redevelopment of the property. Therefore, it is not recommended that a purchase price 70 be charged for this closure. 71 72 2. The Applicant shall resubdivide the property and vacate internal lot lines to 73 incorporate the portions of closed rights-of-way into the adjoining parcel. The 74 resubdivision plat must be submitted and approved for recordation prior to final street 75 closure approval.. 76 77 3. The Applicant shall verify that no private utilities exist within the portions of 78 rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to 79 the utility company must be provided. 80 81 4. Closure of the portions of rights-of-way shall be contingent upon 82 compliance with the above stated conditions within 365 days of approval by City 83 Council. If the conditions noted above are not accomplished and the final plat is not 84 approved within one year of the City Council approval, said approval shall be 85 considered null and void. 86 87 SECTION III 88 89 1. If the preceding conditions are not fulfilled on or before September 19, 90 2017, this Ordinance will be deemed null and void without further action by the City 91 Council. 92 2. If all conditions are met on or before September 19, 2017, the date of final 93 closure is the date the street closure ordinance is recorded by the City Attorney. 94 95 3. In the event the City of Virginia Beach has any interest in the underlying 96 fee, the City Manager or his designee is authorized to execute whatever documents, if 97 any, that may be requested to convey such interest, provided said documents are 98 approved by the City Attorney's Office. 99 100 SECTION IV 101 102 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 103 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 104 VIRGINIA BEACH as "Grantor" and DAVID N. REDA, TRUSTEE OF THE FIRST 105 VIRGINIA LAND TRUST as "Grantee". 106 107 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 108 of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • _ r r 4 q 6,44-,4,11) ann' g De•:rt -nt City AttorneSt CA 13615 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D017\P021\00267086.doc R-1 September 8, 2016 EXHIBIT A 1. 1N/S SUM!'IPS PERf2QMED MN INE BEN91T O''A TILE REPOT PROWDED BY/7RST AA/ERCAN AU W5URANCE CCWPANY,171E NO 1514041-17 COMM/IMENT DATE FEBRUARY 19,20/6 AND L77FCl1f Al&DO AM 2. CURRENT OW&PO?Cli Cr WRC/MA BEAO'/TAX ASSESSIOR/S LORENZ R Ser . TRUSTEE FOR 711E FIRST WRQW/A LAND/RUST SWAY OE 1/21 09 1194 PC 1791) I TMS EINEIT XIS NOT aNSTTUTE A BCX/NDARY SURifY. PRA°ERTY LINES MERE ESTA8/57/ED ROM/RECYRO`D PLA1S AND AEEOS 4 TIE PURPOSE ar TMS EA7MB/T IS ID S:'/OW A POR170/Or ROAO NO 4(UMMFROWO VARIABLE KA'R/1)(18 Z PO 45)(MB 44 PC 44f (MB.5 Pc 15)(48 6/,PC 54)10 BE atm:, N/F ScF✓ TRUCX TERM/NAL INCORPORATED, A VTRC/N/A CORPGRA710N VIRGINIA STA1F PSE C (08 348,3 PC 1398) / A PARCEL 7-0- (INST. O, 1 388HARN �M' (/NST. NO 2005 1459-.90-29641190) 90) APPA-at/WTI LOCATION OF IONE.•/1 £OC£OF WATER \ / / / `Q-.^:' 40 01NSL NO 20061219001881190]�� V/,_ /if / AcYr A�.. 9 —BENT P/N(F) / �4 Ch1 // �s41 S7396051/ /eQ� At'„„-` ox,ER-� 0.35”OF€COR / �, /�, �'r'�3s N63'59'53"W / „i� // ,0 18.83' / "� c. WATEP, .• 4b, NF1 / \ ka' // S26.00'27"W GI?AG," / 46.49' N/F sJ 4 /N26'00'07"E SAF✓TRUCK 7ER4/INAL INCORPORATED, / / N. / 97.48' A WRG/N/A CORPCWAAON / / (06'344 PC/398,) N63'55'09"W Ile / PARCEL %" 20.00' `\ ("/NST NO. 20051219001881190) N 3491050.01 'Q� I OP/N.•1458-99-5521 Q 1 E 12159440.94 V 11 ZONEII /7' N26'00'27"E �@ h���' Q��ll '� Z 36.40' t) N3709'58"W!tO 22.41' �• �°` ' 85- J'< • /B 5 L �0. �- 30 7- PARCEL "Pr Q`�l% / (INST. NO.GP N:1469100-08081190) N 3490960.82 #1275 BAKER ROAD \, E 12159529.68 ZONE:Al2 N35'09'58'W �. , ' 96.52' (B) = BEFORE STREET CLOSURE (A) = AFTER STREET CLOSURE Parcel Table DENOTES PORTION OF ROAD NO. 4 (UNIMPROVED VARIABLE WIDTH R/W) NAME AREA (SF) AREA (AC) (MB 7, PG 45)(MB 45, PG 44) (MB 55, PG 15)(MB 81, PG 54) PARCEL "II" (B) 740,723 17.005 AREA = 829 SF OR 0.019 AC PARCEL "II" (A) 741,552 17.024 EXHIBIT SHOWING , LTH O PORTION OF ROAD NO. 4 _ Ill/ 0 (UNIMPROVED VARIABLE WIDTH R/W) �� (MB 7, PG 45)(M8 45, PG 44) � h' _ V (MB 55, PG 15)(MB 81, PG 54) 6-JEFFREY J. VIERRETHERA' TO BE CLOSED Lic. No. 2306 VIRGINIA BEACH, VIRGINIA 4-15-16 APRIL 15, 2016 MSA, P_C _ "D suRvc.�o Inn: ErnitcnmientalSciences•Planning•Stnvc in ■■M■!■■ ■ �V,,I ■■ kikti Ii l Civil&Environmental Enganteting•Lan apc Aa,iitectwe ■■ 1//I=w■ 'i ■ !M ill■ 503RouseDrv ,Virginia.Beach.VA 23462 ■ ■iOWN BY:WGS 757-490.926Ofc) 757 490-0634(Pax) ■ ►1��C�i� SOB# 16016 SHEET: 1 OF 1 ■■C!llil O'ww.msaonline.com 1 �``i=a SCALE: 1" = 30' EXHIBIT B 1. 1165 BURY Y NAS PEW-OWED MR/INE BEAE17T Or A RR!REPAU PROW.XD BY MST AIIDWCIW NY 4/SAKE Cl,IPANY, 171.1- Na 7L£Na 1.61400-1Z 42-17, C0141111ENT DANE FEBRUARY 29, 2016 AND£fF£CDIf AT Q OO AAI. 2. CURRENT OMNER PER 07Y OF WAWA BOON TAX ASS63:5129/5 LAHREWC(R. 2E0E4 RUPEE FON 1//f FIRST NRQN4 LAND TRUST. SOURCE Or TIRE (A9 2194 PC 1721,1 J ORS D4YOT DO'S'NOT C4VS1IFUIE A BO/NDARY SSURICK. P/ ER1YLAIfS HERE£STABLISXED/Wi41 RECCROSI PLATS AND DEWS A. INE al/NW Cr 11S EX/69T/S 177 SNOW A PCi?AQN Q<20'FR/VAT ROAD(NB Z PC 141 1O BE LYQ V.. N/F 84'✓IRUGY TERM/NAL INCORPORATED, A NRI,JN/A CORPORAT/PO VIRGINIA STATE'PLANE CO (08 J1& PC 41989 / PARCEL 7-49' (Nsi NOTH ONO NAD 00 38BH R YS {1 (INST. NO 20061219001881190)/ 061219 ��,_ CP/N.•1459-90-2964 / APPROXIMATE LOCAT/ON OFZONE/1 / �- ECCE OF WATER_\ / / �8 (NST NO 200612/90018811900 / / / Nss.N.N.NN � -BENT P/N(Ff ` � �h1 // �� WATER 0.J5"OF CDR /�` 1 �� ���� ' _N63'S9'S3"W / �0//18.83' / •1%WArER�� %� � /`a / /c ./ IB? Gt)0' / l0 0S�✓TRUCK IERd//N 1 /NCORPLa4ATE0, J /` Is `� •'',..,'.v01. �F / A WRGYN/A CORPORA/iON S26'0O'27"W •9s'v�: �0? 92 / (OB PA CPC 1J98) 46.4 7. 9'(0/A) •?•p<2..•.' ,5-,,,,0,. ... pp/4, / (/NSI. NO 20061219010/88/190) N 3491050.01 1 -SJ CHN.•1458-99-5821 E 12159440.94 Ve ��1 1 ZONE.•/1 N26'00'27"E ti4 h-hW1 \\4, 7�, /� 36.40' pill N37'09'58"W i@ QVV QV QV Q \\ 115. i 1P 22.41' /�'0 `\ ' •� 4o-N k `� e `' 85 ��< • p65L N. 1 • • \ PARCEL "II" P1alj / (INST.GP N:1 69 O. -00 008081190) i .�N 3490960.82 1 #1275 BAKER ROAD \, E 12159529.68 ZONE:Al2 N35'09'58"W AREA = 740,723 SF \` '�_96.52' OR 17.005 AC --,,....,` LINE TABLE LINE # DIRECTION LENGTH F.-...7.--.7) DENOTES PORTION OF 20' PRIVATE ROAD L:_:J (MB 7, PG 45) L1 S 6617'11" E 18.85' TO BE CLOSED AREA = 377 SF OR 0.009 AC L2 N 6617'11" W 18.85' ��pyTH Op L A7,, EXHIBIT SHOWING . '�� PORTION OF 20' PRIVATE ROAD r, w (MB 7, PG 45) UJEFFREY J. VIERRETHER)" TO BE CLOSED VIRGINIA BEACH, VIRGINIA Lie. No. 2306 MAY 6, 2016 5-6-16 A, P.C_ �� CI- MS "0 sUil`'c-49 ■■!5■■i■■ Env ronmenml Sciences•Pluming•Sim e�ng ■1�11Id�.■ Civil&&Vimmmndl Enginaxing•Ixmdscapc A h' 11/.011! n Ito xum Ng 5033 Rouse Drive.Virginia Beach.VA 23462 1p : ■ DWN BY:WGS ■ �►;'�i 757-490-9264(Ofc) 757-490-0634(Fax) Idi��� JOB# 16016 SHEET: 1 OF 1 ■ flaw' www'.msaonline.com � �� �� SCALE: 1" = 30' il\iBApplicant David N. Reda, Trustee of the First Agenda Items Virginia Land Trust Public Hearing August 10, 2016 2 & 3 City Council Election District Bayside Virginia Beach Requests Street Closure of an unimproved portion of y/ e Road Number 4, located at the rear property �,_` Wad l'"."' line of 1275 Baker Road. /I 1 fe yn`ya,p mtl L, na qe 1, Street Closure of an unimproved portion of a ,,,,,, ,,,. . i She„quad 20-foot Private Road at the side property line of t _ ,a 1275 Baker Road. .p 4.'z' ”' 4,, Staff Planner B",_sr,, t 1. s w 4 >' a Jimmy McNamara "adi '% a +" l Location - 4. ('`e` C Uuanem.*Gate a The rear and side property lines of 1275 Baker E„, Road P°`° ` ,,d,,,ta�t .„.4, GPIN Adjacent to 1469000801 Site Size Road Number 4:829 square feet 20-foot Private Road: 377 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District ;,�4,A , Unimproved Right-of-Way Surrounding Land Uses and Zoning Districts North seraist Undeveloped/A-12 Apartment i„,,,\, 1 ii South , Storm water pond/1-1 Light Industrial East Mobile home park/A-12 Apartment West —” 0 Undeveloped/ 1-2 Light Industrial . David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 1 Background and Summary of Proposal • This application's first request is the closure of a portion of an unimproved,variable width right-of-way designated as Road Number 4. A total of 829 square feet is included in this request. The applicant is the owner of all the land requested for closure abutting this portion of Road Number 4. o The subject segment of Road Number 4 has been severed from the area readily accessible to the public due to a large portion of Road Number 4 being submerged in a private lake located immediately to the south. • The second request is a closure of a portion of an unimproved 20-foot Private Road. A total of 377 square feet is included in this request. o It appears that the applicant is the fee owner of this portion of the 20-foot Private Road, subject to the rights, if any,of the City of Virginia Beach and public. Because it is uncertain whether there is a public interest in this segment,this closure is viewed as a formality to clear up a potential title issue rather than an extinguishment of public rights. Zoning History a-so # Request 1 CRZ(I-1 to A-1)Approved 08/03/1987 1 CUP(Mobile Home Park)Approved 08/03/1987 2 SVR Approved 06/28/2011 CUP(Mini Warehouse)Approved 06/28/2011 CUP(Truck Wash Facility, Motel, Bulk Storage)Approved A 12 09/10/1996 3 CUP(Expansion of an Electric Transformer Station) 2 Approved 10/07/2014 CUP(Electric Transformer Station)Approved 11/04/1985 1-1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Impact on City Services There is no anticipated impact as a result of these closures. David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 2 1 Evaluation and Recommendation The Viewers appointed by the City Council met regarding this application and determined that there is no current need for either of these right-of-way areas,and no public inconvenience will result from their closure. Because accessibility to the subject segment of Road Number 4 has been severed by a private lake,the public interest in this segment is minimal. Likewise,the City Attorney's office,and the applicant's title company are uncertain if there is a public interest in this portion of the 20-foot Private Road. Therefore,these requests are regarded more as a cleanup of the title that removes any impediment to the redevelopment of the applicant's property rather than an extinguishment of public rights. Therefore,the Viewers and Staff have no objection to the closures,and recommend approval with the conditions below. David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 3 Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. Because the areas proposed for closure were severed from the main portion of the subject roads by a lake over 50 years ago,the public benefit, if any, in the areas proposed for closure is minimal. This street closure is a formality to clear up a title issue, which could be an impediment to the redevelopment of the property.Therefore, it is not recommended that a purchase price be charged for this closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Road Number 4 and the 20-foot Private Road into the adjoining parcels that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. 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. David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2&3 Page 4 Proposed Street Closure Exhibit (Road Number 4) - EDGE OF WATER / T � yQ /NST. NO. 20061219001881/901\� / / cTJ+�rji BENT P/N(F) / \\4 ��h1 // 'rs 521'16'05'W / �, c) \ „06.,7_,‘„„,� ` \WATER- 0,15'OF f COR / $ 1, / mak, N63'59'53"W_ / ,� 0// S,o 0 �c�` 18.83' / �l% \WATER ..-- � / \ d'a 'y ." °,\ S26'00'27"W ,0G, / 46.49' N/F s. T N26'00'07"E Set,' TRUCK TERM/NAL /NCORPORATEO,, / / 97.28' A WRG'/N/A CORPORATION SOB .148., PG 1.3982 N63'55'09"W EL %" / PARC 20.00' (/NST. N0. 200612190018811902 N 3491050.01 .4;.) , GP/N.1458-.99-5821 E 12159440.94 VQ �� (1, 1 ZONE./1 /�j' N26'00'27"E c, 4.3�� Q\��� �\ �g� / N. 36.40 ��ll N37.09'58"W ' QV Q <1 ` !� 22.41' 04 iv \ 10� �o sr--QQ�hC �0 \ �b,- 64-)'`.\;' g 5-- 30 E).5.1-• / / PARCEL "II" Portion of Road \6 \ .Q 7' GPIN:1469-00-080' closed .�N 3490960.82 #1275 BAKER ROAD E 12159529.68 ZONE:Al2 �z____ N35'09'58"W OP c')' attr''' ''' 7'.. Section of Road Number 4 to be closed . ..Iittl: '' David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 5 Proposed Street Closure Exhibit (20-foot Private Road) EDGE OF WA TER � /�� y /NST. N0. 20061219001881190 / / '4;5BENT P/N(F) � ��h� 110 17346 05 W t, Q� WATER 0.35 OF e COR / , 1 �� / %/fie - N63'59'53"W / , % `s`S / ...c ' • 18.83' WATER .- 4.,, / \•\) / SPO b0 NN/.--" `Si 311/ TRUCK TERMINAL INCORPORATED / " /8g v F A WRC/N/A CORPORA TION S26'00'27"W s 9 � SOB 348 PC 1398 46.49'(0/A) ` oro / PARCEL 7" / S,9 49 4\(/NST. NO. 200612190018811 90) N 3491050.01 ] ,8 O,> \`� l GP/N.•1458-99-5821 Q' ZONE./1 E 12159440.94 �V (11 F� /7 N26'00'27"E • ��,�.. h� „A �� ^ 36.40' ORIFI N37'Cn'co"'4� ew & Q.5 n� <1%. / \ 22.41 Portion of 20-foot �\ dPrivate Road to be 5 � ..s /B closed '� k. \-\°, --\d6 \, \N/ 30 \ PARCEL "II" Q\�l j (INST. NO. 20061219001881190) GPIN:1469-00-0801 N 3490960.82 p1275 BAKER ROAD \ yr E 12159529.68 ZONE:Al2 N35'09'58"W AREA = 740,723 SF '� ' 96.52' OR 17.005 AC Section of Road Private Road to be 41446, closed aiiNi; U '' ''' . . I [ ,. • s�'4�} David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 6 Disclosure Statement Vi3 Virginia Beach APPLICANT'S NAME David N. Reda,Trustee of the First Virginia Land Ti 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 _ SEDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 -----► SECTION 1 / APPLICANT DISCLOSURE FOR CII Y USE ONLY ' 411 d le 5u U uV ti d t:,+ k• u I , 1 Page 1 of 7 Pkanrnny C x;;nmWun and( 1),J1 pet Lig•,,t tI c eth❑ APPLICANT NO I IF IF IL Of HF_ARING 'SII -yyyy--- /Y,,,y NO CHANGES AS OF ATF q/7J�L, � �{';'/1 Jimmy McNamara 0 REVISIONS SUBMITTED At F // David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 7 Disclosure Statement \AB Virginia Beach CCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: David N.Reda,Trustee of the First Virginia Land Trust 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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None See next page for information pertaining to footnotes' and 2 4 b 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: David N.Reda,Trustee of the First Virginia Land Trust If an LLC, list the member's names: Page 2 of 7 David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2,2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (II)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoolication 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 David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 9 Disclosure Statement APPLICANT Virginia Reach I YES I NO 1 SERVICE PROVIDER(uadditional sheets if needed) U © Accounting and/or preparer of your tax return I 1 CArchitect/Landscape Architect/ ,• • Land Planner Contract Purchaser(if other than Cthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Ipurchaser of the subject property l! (identify purchaser(s)and purchaser's service providers) CX Construction Contractors © Engineers/Surveyors/Agents Jeffrey J.Vierrether,MSA,P.C. Financing(include current ❑ DK mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Vim. I I Legal Services Leslie R Watson,Wolcott Rivers Gates Real Estate Brokers / nn 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 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 David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 10 Disclosure Statement Virginia Reach 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. _ ? Z David N. Reda,Trustee of the / ir,.set Virginiar/is/�/ i f First Land Trust PUCANTS SIGNATURE / PRINT NAME ATts Page 5 of 7 David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 11 Disclosure Statement Nif3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if v needed) ni Accounting and/or preparer of your tax return n ❑X 1 Architect/Landscape Architect/ Land Planner n Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed n ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EConstruction Contractors Cn Engineers/Surveyors/Agents Jeffrey J.Vierrether,MSA,P.C. Financing(include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Leslie R Watson,Wolcott Rivers Gates Real Estate Brokers/ nFiAgents/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 C '/�I M 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 David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2&3 Page 12 i Disclosure Statement VB 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 Applicatiot, , - David N. Reda,Trustee of the -------7.' l ` //� First Virginia Land Trust � salk _ PRORERTY OWNER'S SIGNATURE 7� PRINT NAME r�AT� Page 7 of 7 David N. Reda,Trustee of the First Virginia Land Trust Agenda Items 2 &3 Page 13 Item#2 &3 David M. Reda Street Closure District 4 Bayside August 10, 2016 CONSENT An application for discontinuance, closure and abandonment of Road No.4 and a discontinuance, closure and abandonment of a portion of a 20-foot private road adjacent to 1275 Baker Road, District 4, Bayside. GPIN: 1469-00-0801-0000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures",approved by City Council. Because the areas proposed for closure were severed from the main portion of the subject roads by a lake over 50 years ago,the public benefit, if any, in the areas proposed for closure is minimal. This street closure is a formality to clear up a title issue,which could be an impediment to the redevelopment of the property.Therefore, it is not recommended that a purchase price be charged for this closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Road Number 4 and the 20-foot Private Road into the adjoining parcels that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 2 &3. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE Item#2 &3 David M. Reda Page 2 RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 2 &3 for consent. Les Watson appeared before the Commission on behalf of the applicant. I 1 1 CI 0 El 0 : r ri -,--_____,--- , 1 i i_.-.. . 1--- 1 ' ,P-1----L+ 1111111..P ch LU , o 1 t1 'fftCO *. 0 ; .,--1 Cit 3 . , , . . ._,.... I ..., ...- :. ,.., . ,. , ,•:. 4 x 1 ..... ..„ .,,, ........„ : .,.._ . , . 1 Tin N'ils, INN • di V.10 4 , ',4. -, 06 Ni III I I I lbo. 1111111'44144114111 %1 641 14 4:3 ,,,,, ,,, .4.e. (...., . \ ch 141 I IN N I .. n 1011111011.16410 1 _ 1 ME • _.,, - , .-; .r..,. _ ._, --pJBAainow-sauzpuedepui '''V,,..,,,, ,., ,...... .,., r 1 Cr) 1 i 1 r i j --1 1---- _ I- 11 ' 1-1 , -- 1 Ca ' L 1 f 4,•`) �s> CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PEMBROKE SQUARE ASSOCIATES, LLC [APPLICANT & PROPERTY OWNER] Modification of Conditions (Indoor Recreational Facility). 4554 Virginia Beach Boulevard (GPIN 1477562034) COUNCIL DISTRICT—BAYSIDE MEETING DATE: September 20, 2016 • Background: The applicant was granted a Conditional Use Permit for an Indoor Recreational Facility within the Pembroke Mall by City Council on March 17, 2015. The approximately 47,000 square foot proposed facility includes a high-tech bowling alley, billiards, arcade games, restaurant, live music venue and other entertainment-based uses. The applicant now wishes to modify the main entryway to the facility, thus a modification of the approved conditions is required. The new proposed entry includes a 3,634 square foot addition that will accommodate restaurant space. • Considerations: Recent market trends, including the rise of internet commerce, have led to the desire of mall operators to convert spaces within malls to uses other than retail. The proposed recreational facility will encompass a significant portion of Pembroke Mall, and will provide a use that will be a destination for the Hampton Roads Area. This proposal is consistent with the long-term vision for the Pembroke Strategic Growth Area (SGA), and will attract visitors to the Core District of the SGA and encourage further economic growth. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, with one abstention, to recommend approval of this request as conditioned: 1. All of the conditions of the Conditional Use Permit approved by City Council on March 17, 2015, shall be deleted and replaced with the conditions below. 2. With the exception of any modifications required by any of these conditions, the site shall be developed substantially in conformance with the submitted site I Pembroke Square Associates, LLC Page 2 of 2 plan entitles, "UPHOFF VENTURES, UPTOWN ALLEY VA BEACH, CONCEPTUAL PLAN," dated May 4, 2016, and prepared by Price Studios. This site plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any of these conditions, the facility will be constructed in substantial conformance to the submitted floor plan entitled, "UPHOFF VENTURES, UPTOWN ALLEY VA BEACH, FIRST FLOOR- COLOR PLAN," dated May 24, 2016, and prepared by Price Studios. This floor plan been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. With the exception of any modification required by any of these conditions, the building shall be constructed in substantial conformance with the submitted rendering entitles, "RENDERING OF NEW MALL ENTRANCE." 5. The hours of operation shall be limited to within the following time frame: 11:00 am to 1:00 am on Monday through Thursday, 11:00 am to 2:00 am on Friday, and 10:00 am to 2:00 am on Saturday, and 10:00 am to 1:00 am on Sunday. 6. Plans for the restaurant shall be submitted to the Virginia Beach Department of Public Health. A Virginia Department of Health permit to operate a restaurant is required prior to opening. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department, Permits and Inspections Division and the Fire Prevention Bureau. 8. Any on-site signage for the Indoor Recreation Facility shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage. ■ Attachments: Staff Report and Disclosure Statement Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep. • e• N • e ency: Planning Department`�'3 - . 0City Manager: `��1 Applicant& Property Owner Pembroke Square Associates, LLC Agenda Item Public Hearing August 10, 2016 City Council Election District Bayside 1 3. c,iyof Virginia Beach RequestLtd d<k Road jertet, d �eSyan Rn ""a;n,pr;y Road e Modification of Conditions (Conditional Use C''''''St„ � �` � Permit (Indoor Recreational Facility) approved `,t> ra,P a strept , 3 °s e" on March 17, 2015) > t I ' F` � yQ et la^ey yCc $ 00 AY Thalia Dr Ne �n 6�1 1 Edinburgh pri Staff Planner = m 'Jora,Street V Kevin Kemp R"d."Lam t Jeanne Street to n ee a' tt t Y Broad Street m o C Location 7 % tegntaBeade8CIevard 4554 Virginia Beach Boulevard 1 MainStreet a Oeveland Street a GPI N Columbus Street Southern Boulevard Nina Drive n 1477562034 Mandan Road v CarapaceDriveDrive - d Strom zg a Bonney Roa Site Size sc.," 4``a „ u Q 26.68 acres 44 �' 264 4 4 9 AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Retail/CBC Central Business Core & B-3 Central Business Is�`�e� ;`` 'II.' ,, ,R -- + 47 ! c• ' a a ., .0 ) arc ... .. Surrounding Land Uses and Zoning Districts .Iv co„� North m - � . ,..0 _ Jeanne Street , _ v� mrr„ _ Retail/ B-3 Central Business a - - South a . In aiiii- Virginia Beach Boulevard . Retail/CBC Central Business Core ti t t ^ t, East 1to ., y r : x Constitution Drive r Retail/CBC Central Business Core r ♦ - �- -) ° .: West I Rt—; , :, a—, i Retail/CBC Central Business Core & B-3 Central -`- y• -y =- ,44 Business Pembroke Square Associates, LLC Agenda Item 11 Page 1 Background and Summary of Proposal • On March 17, 2015, City Council approved an application for an Indoor Recreational Facility, specifically Upton Alley, on the subject site. Conditioned with the approval were both site layouts and elevation drawings of the main entrance. • The applicant wishes to make the following changes to the previously approved application: o Increase the footprint of the facility to include approximately 3,634 square feet of building area outside of the existing footprint of the mall. o The proposed floor area of the facility will increase from 40,172 square feet to 40,668 square feet on the ground floor, and will decrease from 6,736 square feet to 6,281 square feet on the mezzanine level. • The proposed addition at the entryway is a one-story, rounded building.The facade is primarily glass storefront windows, with a stone vertical design feature, including an exterior fireplace. • The proposed addition will serve as the main entrance to the facility and will accommodate additional eating area. • The facility will provide the same amenities as previously approved, including: a 'high-tech' bowling alley, billiards, arcade games, game redemption center, restaurant, live music and other entertainment-based uses. • The hours of operation will remain the same as previously approved: Sunday, 10:00 am to 1:00 am, Monday through Thursday, 11:00 am to 1:00 am, Friday, 11:00 am to 2:00 am, and Saturday from 10:00 am to 2:00 am. El 'VeT,V ■ mos �ih ea .�a 17c.— R ; B-3 Zoning History r # Request 1 CUP(Open-Air Market)Approved 04/19/2016 • B,3i� B -a; CUP(Outdoor Recreational Facility)Approved /%,�� 03/17/2015 B. : : li CUP(Religious Use)Approved 02/14/2006 1 f N oa 2 REZ(B-3 & B-3A to CBC)Approved 02/25/2014 , CBC� I } 3 CUP(Flea Market)Approved 02/26/2013 FT Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Pembroke Square Associates, LLC Agenda Item 11 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan's general vision for the Pembroke Strategic Area is a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement,green buildings and infrastructure opportunities providing a variety of civic, commercial,artistic and ethnically diverse areas.The Plan establishes a framework that concentrates a high density mix of complimentary urban uses within a defined central area, creating a skyline for the City and providing for decreasing land use densities from the core. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.The site is almost entirely developed with a large commercial structure and associated parking area There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated 56,240 ADT'(LOS 4"D") Virginia Beach Boulevard 44,436 ADT 1 „ Existing Land Use 2—22,313 ADT 64,260 ADT 1 (LOS°"E”) Proposed Land Use 3—No change 1 10,700 ADT 1(LOS 4"D") anticipated Constitution Drive 15,488 ADT 13,100 ADT 1(LOS°"E") 'Average Daily Trips las defined by 623,479 3The ITE Trip Generation Manual 4 LOS=Level of Service square feet of leasable includes both restaurants and space in Pembroke Mall recreation facilities as possible uses in shopping centers. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard is an eight-lane major arterial road with a right-of-way width of 175-feet.The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155-feet. No CIP roadway projects are currently scheduled for this segment of Virginia Beach Boulevard. Constitution Drive is a two-lane minor urban arterial with a right-of-way width of 80-feet.The MTP shows a four-lane major collector with an ultimately right-of-way width of 80-feet. No CIP projects are currently scheduled for this segment of Constitution Drive. Public Utility Impacts Water This site is connected to City water.There is a 20-inch and a 16-inch City water transmission main along Virginia Beach Boulevard, a ten-inch City water main along Virginia Beach Boulevard,an eight-inch City water main on the property within a Public Utility Easement, and eight-inch City water main along Constitution Drive and an eight-inch City water main along Jeanne Street.There is a six-inch abandoned water main along Constitution Drive and a six-inch abandoned water main along Jeanne Street.There are several water meters that may be used or upgraded to accommodate the proposed development. Pembroke Square Associates, LLC Agenda Item 11 Page 3 Sewer This site is connected to City sewer.There is an existing City sanitary sewer gravity main on the property within a Public Utility Easement, a ten-inch and an eight-inch City sanitary sewer gravity main along Constitution, a ten-inch City sanitary sewer force main along Constitution Drive, an eight-inch City sanitary sewer gravity main along Jeanne Street, and an existing ten-inch City sanitary sewer force main along Jeanne Street. Evaluation and Recommendation This request for a Modification of a Conditional Use Permit for an Indoor Recreation and Entertainment Facility is acceptable.The proposal will redevelop a significant portion of Pembroke Mall, providing a use that will be a destination for the Hampton Roads area. Recent market trends, including the rise of internet commerce, have led to the desire of mall operators to convert spaces in malls to uses other than retail.The proposed indoor recreational facility is consistent with the long term vision for the Pembroke Strategic Area, as it will attract visitors to the Core District of the Pembroke SGA and encourage further economic growth. A majority of the project will be within the existing mall structure; however, an area will be added at the main entrance to the facility that will accommodate an additional eating area.The proposed improvements are consistent with recent exterior renovations to Pembroke Mall, and will greatly enhance the visual appeal of that corridor of the mall property. For the reasons stated above, Staff recommends approval of this application as conditioned below. Recommended Conditions 1. All of the conditions of the Conditional Use Permit approved by City Council on March 17, 2015,shall be deleted and replaced with the conditions below. 2. With the exception of any modifications required by any of these conditions,the site shall be developed substantially in conformance with the submitted site plan entitled, "UPHOFF VENTURES, UPTOWN ALLEY VA BEACH, CONCEPTUAL PLAN," dated May 4, 2016,and prepared by Price Studios.This site plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any of these conditions,the facility will be constructed in substantial conformance to the submitted floor plan entitled, "UPHOFF VENTURES, UPTOWN ALLEY VA BEACH, FIRST FLOOR-COLOR PLAN," dated May 24,2016, and prepared by Price Studios.This floor plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. With the exception of any modifications required by any of these conditions,the building shall be constructed in substantial conformance with the submitted rendering entitled, "RENDERING OF NEW MALL ENTRANCE." 5. The hours of operation shall be limited to within the following time frames: 11:00 am to 1:00 am on Monday through Thursday, 11:00 am to 2:00 am on Friday, 10:00 am to 2:00 am on Saturday, and 10:00 am to 1:00 am on Sunday. 6. Plans for the restaurant shall be submitted to the Virginia Beach Department of Public Health. A Virginia Department of Health permit to operate a restaurant is required prior to opening. Pembroke Square Associates, LLC Agenda Item 11 Page 4 7. The applicant shall obtain all necessary permits and inspections from the Planning Department, Permits and Inspections Division and the Fire Prevention Bureau. 8. Any on-site signage for the Indoor Recreation Facility shall meet the requirements of the City Zoning Ordinance. A permit shall be obtained from the Planning Department for the installation of any signage. 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. Pembroke Square Associates, LLC Agenda Item 11 Page 5 Proposed Site Layout .--'------- ti ) \ _.------------- r-1 �/ 7 / t —% , ri. . I ( ) ( ) ( ) Kj _Z i 4 7 N , LL, 3: :ill , M i 8.:. D L__) ( ) ( ) vi ( ) ) l_. IIII '' PR ' Ulna ', lani`',.4, 4t- 7 { r ' ,� _ ;41 I ll i C a Li i ',I-14'7 4 o '4a. t 0 a 1%,-----,- 1 UlI III/ --0— 11111 I I`AIA • . ,-{-0 , _ - IIl111 .rl ,1� AAAAAAAAAAAA1 i' 'A 1113131111 iI I ' ____i, ' h 0=A l°3 L� L' J LJ ;e::1111 iul Pembroke Square Associates, LLC Agenda Item 11 Page 6 Proposed Floor Plan I 11 r y i, 1 k I . g0 m f ' i;e I -.04 ri il 14 ..„ '(I 1----4._ : i 1 1 • II I _4 i 1 1 C I . u; . % i1� 14 Op 4. --7. . n >> �.,� ! r i FZ I .i ' ' ' 3 f. (�. • • _ .. _. _ \ _' lis ir-i •� .� E E E \ _.._.. ��� �_Q : p „„ I It 1 I1 I am_ IIIIIII! 11 I I� �I _ . �a. r I i1 i. 1 1 �_ I 1< III 11N I 114Ip • V . t1 11111 iIli�i!i 11�li 1p�11i , r KR MI �� I III. I - - - _ _. — 7 - +------4 — ---I------I— —o It az j,l Pembroke Square Associates, LLC Agenda Item 11 Page 7 Proposed Rendering of Entrance /© » ^\)- i\ f1i $y� .,�', • .\ ; i 6 i \ () r \ 4# v> . - �m : 4 \ m ® F— > \ 2 j\ ± « 22 • i < f/:Ai I 4 ƒ ilf 211/L" M _ -1 \ ƒ «. * zE a. O s11 EAIME } CD 6\! I \ . .� y mum. . ± . 0 ,it2 ± maiT , — J y 7 ` m . �, ler, 2 } \r }4 ! 1;, . . 2 It tdfE Pembroke Square Associates, LLC Agenda Item 11 Page 8 Previously Approved Rendering • i �`p Y V F r1 f- 11 err 91 '. _ 1 �I C ' 3' a_,.�:;� C9 ' ¢ :. II 7 I� 5`I _I ' Zrl `10 , o i ,{ti.Je 1 - I i7 (t' b.. r ; 4 W I d 1 as srt < t; a air • � •� z 4 re Is 12 z r c" : O 1: Pembroke Square Associates, LLC Agenda Item 11 Page 9 Disclosure Statement ems" N• APPLICANT'S NAME PEMBROKE SQUARE ASSOCIATES, L.L.C. 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 J Property 4 Conditions or Proffers Alternative Economic Development I Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for (EDIP) Board of Zoning Encroachment Request I Rezoning als - Certificate of Floodplain Variance Street Closure Appropriateness (Historic Review BayBoard) I Franchise Agreement p Preservation Area ! Lease of City Property Subdivision Variance Board Conditional Use Permit [License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 � Kevin Kemp Pembroke Square Associates, LLC Agenda Item 11 Page 10 Disclosure Statement • - Inbt= loll Check here if the APPLICANTIS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Pembroke Square Associates. L.L.C. If an LLC, list all member's names: Managers and primary principals are: Vincent R. Olvieri, Richard E. Olivieri and Frederick J. Napolitano. See attached List for other Members. 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 attached list. See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:Same as Applicant If an LLC, list the member's names: Page 2 of 7 Pembroke Square Associates, LLC Agenda Item 11 Page 11 Disclosure Statement Virginiich If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va Code§ 2 2 3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Pembroke Square Associates, LLC Agenda Item 11 Page 12 Disclosure Statement APPLICANT YES NO SERVICE PROVIDER(useadditional sheets if needed) XAccounting and/or preparer of your tax return X Architect/Landscape Architect/ 'Price Studios Land Planner Contract Purchaser(if other than X 1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 1-5-‹ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors Taylor&Perrish i X Engineers/ Surveyors/Agents ! Langley&Mcdonald Financing (include current — X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Faggert&Frieden PC Real Estate Brokers / Pembroke Commercial Realty.LLC 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 Beach have Xan 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 Pembroke Square Associates, LLC Agenda Item 11 Page 13 Disclosure Statement 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. SEE ATTACHED APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Pembroke Square Associates, LLC Agenda Item 11 Page 14 Disclosure Statement , Anti #e -44 b OWNER 1 YES NO ' SERVICE PROVIDER usedeadditional sheets if ' ------ i Accounting and/or preparer of !Same as Applicant your tax return �II Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / 1 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 6 of 7 Pembroke Square Associates, LLC Agenda Item 11 Page 15 Disclosure Statement t . 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. SAME AS APPLICANT PROPERTY OWNER S SIGNATURE PRINT NAME DATE Page 7 of 7 Pembroke Square Associates, LLC Agenda Item 11 Page 16 Disclosure Statement DISCLOSURE STATEMENT ADDENDUM APPLICANT AND OWNER: Pembroke Square Associates,L.L.C. MANAGERS AND MEMBERS OF APPLICANT: Vincent R.Olivieri Richard E.Olivieri,Jr. Christopher C.Olivieri John B.Olivieri Michael V.Olivieri Rosemary L.Olivieri Frederick J.Napolitano,II Theresa Napolitano John C.Napolitano AFFIUATES OF APPLICANT/MEMBERS: Napolitano Homes Frederick J.Napolitano,II Theresa Napolitano John C.Napolitano Terry/Peterson Residential Companies John Peterson Jr. John Peterson Ill Lucky Peterson Associated Development Management Corp. John B.Olivieri Michael V.Olivieri Pembroke Commercial Realty,LLC Ramsay Smith Kathy Harris Pembroke Square Associates, LLC Agenda Item 11 Page 17 Disclosure Statement [SIGNATURE PAGE TO MODIFICATION OF CONDITIONS APPLICATION] PEMBROKE SQUARE ASSOCIATES, L.L.C. A Virginia limited liability company By: /,� Name (chard R. Olivier' Title: Operating Manager Date: jp- x-16, Pembroke Square Associates, LLC Agenda Item 11 Page 18 Item#11 Pembroke Square Associates, L.L.C. Modification of Conditions 4554 Virginia Beach Boulevard District 4 Bayside August 10, 2016 CONSENT An application of Pembroke Square Associates, L.L.C.for a Modification of Conditions(Indoor Recreational Facility) on property located at 4554 Virginia Beach Boulevard, District 4, Bayside. GPIN: 1477-56-2034.0000 CONDITIONS 1. All of the conditions of the Conditional Use Permit approved by City Council on March 17, 2015, shall be deleted and replaced with the conditions below. 2. With the exception of any modifications required by any of these conditions,the site shall be developed substantially in conformance with the submitted site plan entitled, "UPHOFF VENTURES, UPTOWN ALLEY VA BEACH,CONCEPTUAL PLAN," dated May 4, 2016, and prepared by Price Studios. This site plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any of these conditions,the facility will be constructed in substantial conformance to the submitted floor plan entitled, "UPHOFF VENTURES, UPTOWN ALLEY VA BEACH, FIRST FLOOR-COLOR PLAN," dated May 24, 2016, and prepared by Price Studios.This floor plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. With the exception of any modifications required by any of these conditions,the building shall be constructed in substantial conformance with the submitted rendering entitled, "RENDERING OF NEW MALL ENTRANCE." 5. The hours of operation shall be limited to within the following time frames: 11:00 am to 1:00 am on Monday through Thursday, 11:00 am to 2:00 am on Friday, 10:00 am to 2:00 am on Saturday, and 10:00 am to 1:00 am on Sunday. 6. Plans for the restaurant shall be submitted to the Virginia Beach Department of Public Health.A Virginia Department of Health permit to operate a restaurant is required prior to opening. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department, Permits and Inspections Division and the Fire Prevention Bureau. Item#11 Pembroke Square Associates, L.L.C. Page 2 8. Any on-site signage for the Indoor Recreation Facility shall meet the requirements of the City Zoning Ordinance.A permit shall be obtained from the Planning Department for the installation of any signage. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 11. AYE 10 NAY 0 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted,the Commission approved item 11 for consent. Allan Gonyo appeared before the Commission on behalf of the applicant. , 1 /L-----11--2 B-2* Dam Neck Road 0 cl 0 lai c-7, - C : :{2 AG-2 ,.3. ..., / 0 C2 , "tip f0 7 ��. , _>psi il CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: B.H. VINELAND, LLC [Applicant & Property Owner] Conditional Change of Zoning (AG-2 Agricultural District to Conditional R-5D Residential District), 1046 & 1050 Old Dam Neck Road and 1037 Dam Neck Road (GPINs 2415652006, 2415640845, and 2415652205). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: September 20, 2016 • Background: It is the intent of the applicant to demolish the structures currently located on the site and to then develop the site with 11 single-family dwellings on fee-simple lots. The site currently consists of three parcels. One parcel, fronting Dam Neck Road, is currently developed with an existing single-family dwelling constructed in 1951. The other two parcels are occupied by 11 dwellings dispersed among four structures that date from the early-1950s. A similar development proposal, except with 12 lots, was submitted as a Conversion of a Nonconforming Use application in 2014. The application was denied by City Council in January 2015. The principal reason for the denial at that time was the type of development proposed, single-family condominium dwellings, was dependent on a private street and related infrastructure. The City Council was concerned that the small number of lots would not provide for the collection by the Condominium Association of funds adequate for the maintenance of the street, related infrastructure, and amenities. The applicant was advised to consider submission of a rezoning application that provided fee-simple lots and public infrastructure. Accordingly, a rezoning application has been submitted, but by a different applicant. • Considerations: The submitted site plan depicts 11 single-family lots fronting on a cul-de-sac with a 40-foot wide right-of-way that intersects with Old Dam Neck Road. The existing access point on Dam Neck Road will be eliminated. The area adjacent to Dam Neck Road will be used for the stormwater management facility that will serve the development. A pedestrian connection from the end of the cul-de-sac to the sidewalk on Dam Neck Road is being provided on the east side of the stormwater management facility. The applicant has proffered that the houses to be constructed "will have the architectural features, exterior building materials, and appearance of like quality B.H. Vineland Page 2 of 2 and character to the homes depicted on the 20 photographs and elevation drawings" submitted with the application. Those elevation drawings and photographs are provided at the end of the attached report. The proffered designs are two-story traditional small-lot suburban style with colonial, vernacular, and coastal architectural elements. The elevation drawings and photographs depict the use of earth-tone colors and quality exterior materials (brick, shake, horizontal siding). Many of the houses are the same overall design but have different architectural elements. The lots all meet the dimensional requirements of the R-5D Residential District; however, the applicant is requesting the following deviations to yard setbacks: Lot 1 - a setback of 15 feet on Old Dam Neck Road (20 feet is required) and a setback of 20 feet on the cul-de-sac side (23 feet is required); and Lot 11 — a side yard setback of 5 feet for the southern side of the lot(8 feet is required). These setbacks can be set by the City Council with its approval of this rezoning application. Per Section 107(i) of the Zoning Ordinance, "City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations" from certain dimensional requirements, including setback requirements. Based on the applicant's rationale for the request, and upon its review of the requests and the effect of each on the subject property and adjacent properties, Staff concludes that there is good cause shown and that there will be no significant detrimental effects on surrounding properties as a result of allowing these setbacks. A detailed explanation of the requested setback deviations is provided on page 2 of the attached staff report. 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. • Recommendations: The Planning Commission passed a motion to recommend approval of this request as proffered by a vote of 10-0-1. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D- . . I) - Agency: Planning Department Wt.i.-T-/ City Manager: Ste' J'4. Applicant & Property Owner BH Vineland Agenda Item Public Hearing August 10, 2016 City Council Election District Princess Anne 1 0 Virginia Beach Request g t 4.„,0.4.4V; 'a'* aa, 9 o e o id W `"0. /r Conditional Rezoning (AG-2 Agricultural to R- 4 / 2 woodcock lane s Rowans a ood 5D Residential) / yku.alane // 1 vR 3 foe ewood Drive Staff Planner SnowbbdLane --- / Stephen White �a`"lane Qpf .. ......**.i >75 dB DNL c 3' m 7 Location € m F 7., ct A Dam Ned Road 1046 & 1050 Old Dam Neck Road & 1037 Dam a Neck Road e I 70.75 dB DNL GPINsea`6Pa 0,, 2415652006, 2415640845, & 2415652205 0 "'*6<,0,,„e .* ”<aq J\e . J ora 4 P / Site Size I 1' t s: WNani DM! p 2.58 acres a S¢ 65.70 dB DNL AICUZ Greater than 75 dB DNL Mir Ceht. P Existing Land Use and Zoning District 12 nonconforming dwellings/AG-2 AgriculturalI • . • • Dam Neck Road Surrounding Land Uses and Zoning Districts i.4 , . `- _it'i 4 North •/. . .•. %/ Dam Neck Road . 4 4 r Across Dam Neck Road is a vacant lot/ B-2 % 1 '•f • 4 Z.Community Business ,ti": "'i` Yr =' South ,t '• ray 4 t' j Single-family dwellings/AG-2 Agricultural " O . ; �` '. ,LC Old Dam Neck Road "" ,a0 H , t' I;; Across Old Dam Neck Road are single-family , + 'I'0 A� 1 ►/'` �`, dwellings <� P`'z� • ,t { "% l East �r • -4 , :.-f►'" ,'` : .� . Single-family dwellings/AG-2 Agricultural West Multifamily condominiums/Conditional A- 12 Apartment B.H. Vineland, LLC Agenda Item 10 Page 1 Background and Summary of Proposal It is the intent of the applicant to demolish the structures currently located on the site and to then develop the site with 11 single-family dwellings.The site currently consists of three parcels (see page 7). One parcel,fronting Dam Neck Road, is currently developed with an existing single-family dwelling constructed in 1951.The other two parcels are occupied by 11 dwellings dispersed among four structures that were constructed in approximately 1950. A similar development proposal, except with 12 lots, was submitted as a Conversion of a Nonconforming Use application in 2014.The application was denied by City Council in January 2015. The principal reason for the denial at that time was the type of development proposed, single-family condominium dwellings, was dependent on a private street and related infrastructure.The City Council was concerned that the small number of lots would not provide for the collection by the Condominium Association of funds adequate for the maintenance of the street, related infrastructure, and amenities. The applicant was advised to consider submission of a rezoning application that provided fee-simple lots and public infrastructure. Accordingly, a rezoning application has been submitted, but by a different applicant. Site Plan The submitted site plan depicts 11 single-family lots fronting on a cul-de-sac with a 40-foot wide right-of-way that intersects with Old Dam Neck Road. The existing access point on Dam Neck Road will be eliminated. The area adjacent to Dam Neck Road will be used for the stormwater management facility that will serve the development. A pedestrian connection from the end of the cul-de-sac to the sidewalk on Dam Neck Road is being provided on the east side of the stormwater management facility. The lots all meet the dimensional requirements of the R-5D Residential District; however, the applicant is requesting deviations to the setbacks adjacent to the roadways for Lot 1 and a deviation to one of the side yard setbacks for Lot 11. These setbacks can be set by the City Council as part of this request. Per Section 107(i) of the Zoning Ordinance, "City Council may,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations" from certain dimensional requirements, including setback requirements. • Lot 1—Using the definition of the Zoning Ordinance for the front of a lot, the front of this lot is the side adjacent to Old Dam Neck Road. As a result, the sides of the lot are adjacent to the new cul-de-sac and adjacent to the eastern property line. The applicant is requesting a reduction in the front yard setback from 20 feet to 15 feet. As a requirement of the site development, the applicant will be required to dedicate 5 feet along Old Dam Neck Road for the installation of sidewalk.The setback reduction to 15 feet allows the applicant to retain the building line originally intended.Also,while the front of the lot is on Old Dam Neck Road,the applicant will be constructing the house such that the front faces the cul-de-sac, which will be consistent with the other houses on the cul-de- sac.The driveway for Lot 1 will also be on the cul-de-sac, and a one-foot no-ingress/no-ingress easement will be provided on Old Dam Neck Road. The applicant also requests that the side yard adjacent to the cul-de-sac be reduced from the required 23 feet to 20 feet. A 20-foot setback will allow the front of the house to be aligned with the front of the other houses on the cul-de-sac, which are required to be set back a minimum of 20 feet. • Lot 11 —To increase the distance between the proposed house and the northern property line of Lot 11, the applicant is requesting a reduction of the side yard setback on the south side of the lot from the required 8 feet to 5 feet.This will increase the northern side yard setback to 11 feet.The resulting combined side yards between Lots 10 and 11 will be 13 feet. There is no sidewalk within the street right-of-way; however,Section 5.6(c)of the Subdivision Ordinance allows for minor streets,including cul-de-sacs,serving less than 25 lots with lot widths less than 100 feet,to have no sidewalks.This applies only if the street or cul-de-sac could not reasonably be extended to serve more than 25 dwelling units. Staff finds that based on there being 11 lots, with only 5 lots on one side of the cul-de-sac, the right-of-way will allows for a sufficient and safe environment for pedestrians. B.H. Vineland, LLC Agenda Item 10 Page 2 The site plan depicts a small open space area at the southeast corner of the site, adjacent to the cul-de-sac right-of-way. A monument sign identifying the subdivision will be installed in this area, adjacent to Old Dam Neck Road. By note on the proffered site plan and Proffer 3, this area will be maintained by a mandatory Homeowners Association. Elevations The applicant has proffered (Number 2)that the houses to be constructed "will have the architectural features, exterior building materials, and appearance of like quality and character to the homes depicted on the 20 photographs and elevation drawings" submitted with the application.Those elevation drawings and photographs are provided at the end of this report.The proffered houses are two-story traditional small-lot suburban style with colonial, vernacular, and coastal architectural elements.The elevation drawings and photographs depict the use of earth-tone colors and quality exterior materials (brick, shake, horizontal siding). Many of the houses are the same overall design but have different architectural elements. 1 7/34 B_2• _ _ =•am Neck Road 7 ri Zoning History # Request 1 CRZ(A-12 to Conditional B-2)Approved 06/14/1994 2 CRZ(AG-2& R-10 to Conditional A-12)Approved AG- 11/14/1995 tv AG-2 / / , d 70-75 dB DNL Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The site is located in the Suburban Area, as designated by the Comprehensive Plan. The Plan (pages 1-61 and 1-62) provides the following guidance regarding the Suburban Area: Our primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. To achieve this objective, the following are to be sought in the development of new residential areas and used in the assessment of their compatibility with surrounding areas: • Careful mix of land uses that contributes to the day-today life of our residents; B.H. Vineland, LLC Agenda Item 10 Page 3 • Site and building design that is visually interesting, encourages greater social interaction, and provides a memorable character; • Compatible infill development; • Accommodate multiple modes of transportation (e.g., pedestrians, bicyclists, and drivers); and • Promote sustainability and responsive to changes in our environment (e.g., sea level rise). As noted above,the design of the dwellings and the neighborhood are important to creating 'Great Neighborhoods.'To achieve this, the Plan recommends the following: The Special Area Development Guidelines:Suburban Area found in the Reference Handbook are to be extensively used to guide and evaluate existing and new development within the Suburban Area. For example, new residential development on larger parcels should be consistent with the character of any residential uses in the surrounding area, as well as consistent with the guiding planning principles for the Suburban Area. Residential density in the Suburban Area should be low to medium where the surrounding land use patterns and densities are appropriate for such, (p. 1-62). Natural and Cultural Resources Impacts The site is located within the Southern Rivers Watershed. The eastern half of the site is heavily wooded and contains a mixture of mature pines, deciduous trees, and bamboo. The area of the site adjacent to Dam Neck Road will be used for the stormwater management facility (SWMF) proposed for the site. The current size and design of the SWMF is the result of additional engineering work conducted after a rezoning application submitted earlier this year by a different applicant was preliminarily reviewed by City staff and found to be most likely inadequate to meet current regulations. The subdivision proposed at that time consisted of 12 lots. As a result of a new design for the SWMF, the currently proposed subdivision has 11 lots. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT 2(Los 3"C") Existing Zoning 4—26 ADT 2 9,900 ADT 2(LOS 3"D"— Existing Land Use s—73 ADT Old Dam Neck Road 519 ADTProposed Land Use 6- 156 ADT Capacity) 11,100 ADT z(LOS s"E") 8 Morning Peak Hour Vehicles 11 Evening Peak Hour Vehicles 1 Since the only access to the subdivision 4as defined by 2.58 acres of 6as defined by 11 dwellings 2 LOS=Level of Service is from Old Dam Neck Road,information AG-2 zoning is only provided for Old Dam Neck Road 5 as defined by 11 dwellings 2 Average Daily Trips Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Old Dam Neck Road is a two-lane local street with a varying right-of-way of approximately 40 feet. There are no recommendations in the MTP and no Roadway CIP projects for Old Dam Neck Road. Public Works/Traffic Engineering The site along Old Dam Neck Road would require right-of-way improvements including, but not limited to, sidewalk construction and curb and gutter improvements. B.H. Vineland, LLC Agenda Item 10 Page 4 Public Utility Impacts Water and Sewer The site is currently connected to the City water and sewer system.The two existing 5/8-inch water meters(City ID #95054721) and (City ID#95052632) may be used or upgraded to accommodate the proposed development. Development of the site as to ensure future flows can be accommodated. Evaluation and Recommendation Staff finds that the proposed development is consistent with the recommendations of the Comprehensive Plan for residential use on small infill lots such as the subject site. The site is situated between an area of one to three-acre lots to the west and multi-family dwellings directly abutting to the east.The density of the proposed development (4.3 du/ac) provides an appropriate transition from the lower density to the west and the higher density(11.8 du/ac)to the east.The design of the subdivision is appropriate and compatible to the surrounding area, and the architectural design and exterior materials of the proposed homes are compatible with the surrounding area and consistent with the recommendations of the Comprehensive Plan. As noted in the 'Summary of Proposal' section of this report,the applicant is requesting the following deviations to yard setbacks: Lot 1-a setback of 15 feet on Old Dam Neck Road (20 feet is required)and a setback of 20 feet on the cul-de- sac side (23 feet is required); and Lot 11—a side yard setback of 5 feet for the southern side of the lot(8 feet is required).These setbacks can be set by the City Council with its approval of this rezoning application. Per Section 107(i) of the Zoning Ordinance, "City Council may,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties,allow reasonable deviations" from certain dimensional requirements, including setback requirements. Based on the applicant's rationale for the request, and upon its review of the requests and the effect of each on the subject property and adjacent properties, Staff concludes that there is good cause shown and that there will be no significant detrimental effects on surrounding properties as a result of allowing these setbacks. As noted at the beginning of this report,the site is located within the Greater than 75 dB AICUZ,where residential use is designated as'Not Compatible' per Table 1 of Section 1804(b)of the Zoning Ordinance. Section 1804(a)states the following: Except as otherwise provided in this Article, it shall be the policy of the City Council that no [discretionary development application] . . . shall be approved unless the uses and structures it contemplates are designated as compatible under Table 1 below and, if applicable,Table 2, unless the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property. In such cases,the City Council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable. Accordingly, if a rezoning application for residential use was submitted for any property in this area within the Greater than 75 dB AICUZ,the City Council is instructed by Section 1804 to deny the application,with the rare exception when there is no reasonable AICUZ-compatible use for the property. Based on the provisions of Section 1804, it is very likely that the applicant's request to rezone the subject site for 11 fee- simple single-family lots will be the only residential rezoning requested in this area under the existing regulations of the AICUZ Overlay Ordinance.The current application fall under the first clause of Section 1804(a),which states that "Except as otherwise provided in this Article." Section 1804(d) provides an exception for properties that are being redeveloped: B.H.Vineland, LLC Agenda Item 10 Page 5 The provisions of this section shall not apply to discretionary development applications for the redevelopment of property where the proposed dwelling unit density is the same as or lower than the actual dwelling unit density existing at the time the application is submitted. Since the applicant desires to redevelop the property such that 12 existing dwelling units are removed and 11 are constructed,the density is lower that what currently exists. While not required by the 2008 Memorandum of Understanding between the City and Navy,the City discussed this proposal with the NAS Oceana staff who represent the Navy on the City-Navy Joint Review Process(JRP)Group.They concurred that the proposal falls under Section 1804(d)of the AICUZ Overlay Ordinance as well as Section 3.a.2 of the 2008 MOU. Approval of the request is recommended with the proffers submitted by the applicant. Proffers 1. When development takes place upon the Property, it shall be as a single-family residential community of no more than eleven (11) building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF OLD DAM NECK HOMES OLD DAM NECK ROAD VIRGINIA BEACH,VIRGINIA", dated 05/28/16, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Subdivision Plan"). 2. When the Property is developed, the residential dwellings constructed will have architectural features, exterior building materials and appearance of like quality and character to the homes depicted on the twenty(20) photographs and elevations contained in the exhibit entitled "Home Quality Exhibit/Old Dam Neck Homes", dated May 27, 2016,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Pictorial Menu"). 3. When the Property is developed,the eleven (11) lots shall be subject to a recorded Declaration creating a mandatory membership Homeowners'Association which shall be responsible for maintaining grassed and landscaped areas owned by the Association. 4. Further conditions may be required by the Grantee during Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements.Any references hereinabove to the R-5D Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. 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. B.H. Vineland, LLC Agenda Item 10 Page 6 Existing Conditions _ J t id c ,;, . 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't _— Y � � �1� � ',..::= I 11-� ` I rTrgrl- ! klj,a1!lIIIIIIII1illl11li1 111111I1I111111111irl. i __ - - �� ,` 0.�r S lllli08 at; v.,•i„o t..“ At,},7 10' Mn,,i.'1,iv. N K..•.mak LLc '- ..,;144ILIK- , , • a,,,,.,, , ,. . .. .� .. , _ , , ' ,..4t__i_,---..„-Ii.-„--, ..., -7.r , .., .... ,--,_ __- fr.. , _' vi . SII! I�IIIII�III `- ,iii *--40.----5 B.H. Vineland, LLC Agenda Item 10 Page 11 Elevation Drawings and Photographs of Proposed Houses • . N = tl .„ . N 1 j laiiiiii. ` .� ti, • . .....qiiiw _,,' - "_ . ._ ;fir , :- 1 -; ''-. n 1 .,, V,ctu.,a Cl'- .. .411/.1 B.H. Vineland, LLC Agenda Item 10 Page 12 Elevation Drawings and Photographs of Proposed Houses - 00,4111V1i";\:\ ,,,,,* r1n - r ._ _. �i,_ °- ,-- , 9 mob . _ , , v11 . r f — =. 1 i 1 Ililillllllll1Ii1 �� • B.H. Vineland, LLC Agenda Item 10 Page 13 Site Photos • c•.. . . • • • '414, t4e. ...„A 6.... —= Ir -,...i k ... - ., • _ ---, , • ...., , . '3 . . 2;,," • ;`• ,-,-- _ .- • . • „.. .- , ' - - • ,, '• ,t ...% — ,, , , ..-4 ,,_4- ;,:•,, • I 2't, • 46g4 • 6 ' "Is2'It", '• .,i.° ***" "•'Afir'"' -•....‘• . 4; ,--• ,•,;„.., „. . • 00.?,44,• 111,-- • W-„107.#•;.•:••• 2' .-,0•'' , -;... .... ., • . . --tt-,... v. - , .'14-•. •,* ../.11 ••;•• • - ". e:k4 ' " -'4*,•• --' ' -. -1-' •••-4.4c-, •• , . _ . ,• . ,. .. . ,, ..... . , ..,,, • 11111 i ...... I - .11 _. is . . .i.. . lim ..........a 1.... lam ., 0 . -66.• — _„... e, 7'. 41101 - . -- mr• B.H.Vineland, LLC Agenda Item 10 Page 14 Disclosure Statement NIB00,1 Virginia Beach APPLICANT'S NAME BH Vineland, L.L.C., a California limited liability co 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 c sclosu es must he updated nwo i? v.eeks pr c. ,any 1 Page 1 of 7 Ccm.m1551c%and Cay Cr-,11 it mertirg that pet tams IJ the appl cat unit, Er APPLICANT NOTIFIED OF HEARING DATE. 1/j/,v I 81 NO CHANGES AS OF DATE )/"`(�T /bil Ct` Stephen White 0 REVISIONS SUBMITTED DVTE J B.H.Vineland, LLC Agenda Item 10 Page 15 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:BH Vineland, L.L.C. If an LLC, list all member's names: Steven Gryczman, Manager/Member; Daniel Gryczman, Manager/Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 B.H.Vineland, LLC Agenda Item 10 Page 16 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 B.H.Vineland, LLC Agenda Item 10 Page 17 Disclosure Statement (5ry ti APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return n n Architect/Landscape Architect/ Land Planner V Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Enclave at Dam Neck,LLC: C purchaser of the subject property Traditional Concepts,LLC,Manager: (identify purchaser(s)and Wayne R.Crosby&Lesli Crosby, purchaser's service providers) Members; ElConstruction Contractors nn Engineers/Surveyors/Agents MSA,P.C. Financing (include current C I/VI mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ Cushman&Wakefield/Thalhimer; Ei Agents/Realtors for current and Robert Thornton,Agent anticipated future sales of the subject property *Oceanside Building, LLC,Manager:William Terry&William R.DeSteph,Jr.,Members • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 B.H.Vineland, LLC Agenda Item 10 Page 18 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this pplicat' Daniel Gryczman,Manager 5/31/16 P ICA T NATURE PRINT NAME DATE BH Vineland,L.L.C. Page 5 of 7 B.H.Vineland, LLC Agenda Item 10 Page 19 Item#10 B.H.Vineland Conditional Change of Zoning AG-2 Agricultural to Conditional R-5D Residential 1046& 1050 Old Dam Neck Road 1037 Dam Neck Road District 7 Princess Anne August 10, 2016 REGULAR Jan Ruciniski: the next item on the agenda is item 10, B.H.Vineland. An application for a Conditional Change of Zoning,AG-1 Agricultural to Conditional R-5D Residential,on property located at 1046& 1050 Old Dam Neck Road and 1037 Dam Neck Road, District 7, princess Anne. Is there a representative for this? I guess I don't have to tell you to state your name. Eddie Bourdon: Thank you Ms. Rucinski. Jeff Hodgson: I would like to say this was going to be on our Consent Agenda, but we thought we would like the applicant's representative with an explanation of this project. Eddie Bourdon: Is there someone here in opposition? Jan Rucinski: There is opposition. Jeff Hodgson: This is no longer on Consent Agenda. Eddie Bourdon: I was surprised. That is alright. Mr. Chairman,thank you again. For the record, Eddie Bourdon, a Virginia Beach attorney representing B.H.Vineland,which is a California corporation that owns this piece of property. I'm passing around an updated Disclosure. I was hired by B.H.Vineland to pursue this rezoning. They have within the last couple of weeks, signed a contract to sell the property but they are responsible for having it rezoned, so, it is a Disclosure that includes the contract purchaser, which didn't exist when we filed the application,so, I just want to make sure that everyone knows what's coming around. This application is an interesting one for a lot of reasons. One, it reminds me how old I am. I had the privilege of representing Helen Dragas and the Dragas Companies 21 years ago, rezoning the adjacent condominiums to the west of this property. I remember driving through this property at the time when I was looking at what was going on around here, and I'll get into a little bit of that. In fact, I looked at my notes, and I had written down there were 14 units on this piece of property at this time. It is the same situation. Frankly,the property looks a whole lot better now than it I looked by in 1995, but it still isn't still nothing to be particularly thrilled about. As Dr.White indicated in the informal,the 12 units that are on this piece of property have been there since the '50s. And this piece of property is in a very interesting situation, as is all of this property between General Booth Boulevard and Upton Drive,well not Upton drive because of the Dragas rezoning,which preceded BRAC back in 1995, preceded the MOU and any of that stuff. These properties are zoned Agriculture and as Mr. Horsley can attest and anyone with a little common sense can attest,this is not an agricultural area. There is not any farming going on here,we don't have any hog farms likely to be placed here, although Item#10 B.H.Vineland Page 2 the Malbons had one decades ago,further to the south and east of this property. Because of what has happened back then, when we did the Dragas application,there was a lot of conversation about what's going to happen with this property. We have a large amount of commercial across the street, commercial on General Booth. There is also some Apartment zoning across the street, as well I am sure on McClesky property. What's going to happen with this? And, at that point, it was kind of figured we transition from commercial on General Booth to something very similar what's occurring with this application today. Unfortunately or fortunately, depending upon on Oceana is the important part of our local economy. This area is essentially frozen in time. Theoretically, some of this property could be commercial, but there are restrictions on that as well. There is already so much commercial out here that I think what we see is what we're going to have,as long as NAS Oceana is in place. The provisions of the changes to protect Oceana include redevelopment, and God knows that this piece of property desperately needs to be redeveloped. And, so the proposal,which it was taken, non-conforming use modification,the City Council by a perspective buyer, had nothing to do with the application, it happened to be at the Council Hearing when they we're basically told that we don't like the idea of that being a condominium. We want to see a fee-simple with a public street; so, the condominium idea that they had proposed fell by the wayside, and the owners decided to do this themselves. They contacted Bob Miller, and they contacted me to handle this. So,this is a simple rezoning to R-5D for single family homes, 11 homes versus the 12 units that are there now on a cul-de-sac. We got about 24,000 square foot of BMP out on Dam Neck Rood. Currently,the property has access from Dam Neck. It is three pieces assembled under one ownership and it has been that way for decades and decades.There is access from Dam Neck. There is access from Old Dam Neck. The access from Dam Neck will go away with this, but we have provided pedestrian access to the sidewalk,which is a substantial sidewalk along Dam Neck Road. We provided very attractive elevations to the homes that will be constructed on here. It shows the quality of the home that will be on here and there is actually 20 of them just to give a clear assurance they are going to be high quality and high value homes. Most importantly,they will be noise attenuated homes. The 12 units that are there now are not noise-attenuated obviously in the 1950s that was not the concern. So,that is also a benefit. There is one fewer unit, much higher, much better circumstance than the monthly rental scenario that exists there today. And, as the Chairman pointed out, it was placed on the Consent Agenda. I don't know how the application could be made any better, and as long as Oceana remains there,this redevelopment, and I do know there will be some, because there has been some discussion that I've had on General Booth Boulevard at the end of Old Dam neck Road, and the undeveloped piece of property on General Booth Boulevard just on the north side of the existing shopping center where the K-Mart has gone out of business. There is likely to be something that occurs down that end at some point in the future, but I certainly don't see anything else occurring in here because of the fact it is a high noise zone. It is not in an APZ. It is not in a crash zone. It is just in a high noise zone. It is an appropriate redevelopment. It is not increasing density. It is certainly increases the value and certainly will have the impact of what is there now on values on surrounding properties. It is certainly not a good one. This will be a positive impact in terms of the sales price on these units will be in the upward of$350-400 thousand. It is certainly not going to harm anybody's property value. Obviously change does create some discomfort for people,we understand that, but this is the kind of change we need.This thing is going to continue to be less than what it ought to be given the circumstances that are there. I'll be happy to answer any questions that any of you may have. Jeff Hodgson: Any questions for Mr. Bourdon? Thank you. Item#10 B.H.Vineland Page 3 Eddie Bourdon:Thank you Mr. Chairman. Jan Rucinski: We do have a speaker in opposition. Mary Pannullo. Mary Panullo: Thank you. Jan Rucinski: If you could please state your name for the record. Mary Panullo: Good afternoon. Mary Panullo. Thanks for letting me speak today. Jan Rucinski: She is representing the Homeowner's Association. Mary Panullo: Yes. Well, actually I'm representing homeowners at the Wellington at Dam Neck Townhomes, and I brought pictures for you as well. The development that Mr. Bourdon is speaking about is on the western perimeter of our townhome community, and our townhome community was built with great impression from the Dragas Companies over 20 years, surrounded by gorgeous mature growth trees, Oaks, Maples, and Firs. They run through the property,throughout that perimeter, and this is my back door. I bought my townhome because of that forest patch. Now that forest patch is the buffer between our homes,the western perimeter of Wellington at Dam Neck and this proposed new development.And I've spoken with Mr. Stephen White, who is lovely. I've spoken with Mr. Bob Miller, who is lovely, and I asked that we work with Mother Nature because I don't see why we would have to degrade the forest patch,which is what this site plan indicates to develop these 11 properties. In fact, it would raise the property value for B.H.Vineland,for NASPC, and for the City of Virginia Beach, maintaining mature growth trees. I am really upset that to see that this was not being considered in the plans. I moved my work to home office because I look out at gorgeous trees and I see birds of 20 different species. That is what I want to maintain. I have signatures of over 20 owners who want to maintain it that as well. So, I'm asking, and I can't change rezoning and I can't change development, but I'm asking that we work with Mother Nature. I also talked to the chief arborist of the City who said our number one goal for urban tree canopy is to increase it.The minimum is 40 percent. We're only at 38 percent. Maintaining these mature growth trees certainly enhances urban tree canopy and it just enhances life.You come home and you're hearing birds sing, and you're looking out at trees that are over 150 feet tall that have been here a lot longer than any of us. I want them maintained and so do my neighbors.That is why I am here today. So,thank you. And I brought pictures. And I brought signatures and unfortunately my neighbors couldn't come because of vacation and work, but I really hope you consider this. I appreciate the time. Jeff Hodgson: Do we have any questions? Mr. Inman. Mike Inman: Please point out on the aerial photographs... Mary Panullo: Where is the pointer? Jeff Hodgson: It is the little black box. Mary Panullo: Okay. So,the development is between Dam Neck and Old Dam Neck. This is Wellington at Dam Neck, Dragas built it with a lot of really beautiful Willow Oaks,they are all through out.The Item#10 B.H.Vineland Page 4 whole thing is nestled by mature growth trees and you will see that in some of the pictures. This is my place right there. This is Shelford Court. This is Cottonenham Lane. It doesn't look like much, but for those of us who bought back here, it means everything. It is like living next to a park. Mike Inman: Where are the trees that you look out upon that are not on your property? Mary Panullo: Well, I asked the City and they said we have 20 feet from my back patio to the forest patch. If that is the case,that maintains that first row of mature growth trees are ours. However,when I talked to Mr.White, he said in his estimation it really was the land owned all by B.H.Vineland, and he could do what he wanted with it. And then when I talked to Mr. Miller, he seemed to think yes,we could do something to save these trees, but that is no guarantee, and that is why I am here. So it is probably at deepest about 100 feet. I don't know what the appropriate buffer is between ours and theirs, but why these folks would not want to keep a gorgeous natural buffer, I don't understand. Mike Inman: have you had any discussion with the owner of the property or Mr. Bourdon? Mary Panullo: Mr. Bourdon basically didn't return my call, and Mr. Miller did, and said don't call Mr. Bourdon because I'm calling up the applicant as well. I'm not a trouble maker. I'm just a nature lover. Developers need to work with what God has given us. Mike Inman: So what you have related to us as far as your communication with the owner and a representative is all the communication you had? Mary Panullo: I've talked with Barbara Henley, who was very enthusiastic. Mike Inman: I'm talking about the owner and the owner's representative. Mary Panullo: Mr. Miller did not suggest I speak with the owner directly. I certainly would have called if I thought it was appropriate. Mike Inman:Thank you. Mary Panullo: Thank you for hearing me. Karen Kwasny: I just have one question. Jeff Hodgson: Karen. Karen Kwasny: You said there was a type of measurement done that determined for you that your property went 20 feet into the tree line? Mary Panullo: I've heard 26 and I've heard 20, so.... Karen Kwasny: And you've heard none. Item#10 B.H.Vineland Page 5 Mary Panullo: And I've heard none. I need to buy a metal detector and try to go back there and try to find the stake. Karen Kwasny: You said there was about 100-feet of tree line? Mary Panullo: This is me estimating, probably about in-depth. Yeah. It is a wonderful buffer between the noise. It is just peaceful. No, it is not an agricultural area, but in our little world it kind of is. It is pretty,very pretty. Karen Kwasny: Thank you. Mary Panullo: Thank you. Jeff Hodgson: Is there anybody else? Thank you. Mr. Bourdon. Eddie Bourdon: First of all, I appreciate Ms. Panullo coming down. I'll speak with her. I didn't pass her off. Mr. Miller offered to contact Ms. Panullo because she had contacted both of us. He has a better idea of where the tree line is than I do, and we'll certain talk when we get done out here. Obviously, as all of you are very much aware,creating positive drainage in good old flat Virginia Beach is an impediment to retaining trees during the development process. First of all,to the extent that the trees that are on our property, my client's property, serves as a buffer to Wellington is kind of backwards because they are the higher intensity use than single-family at less than half the density. To the extent there are trees and the Dragas Companies are proud to have represented them on this application, as many others, and it is a beautiful development and it is a shame because of the issues with NAS Oceana, this type of development is not able to be done in here, which is in long term someone thought it would be better off. That is the end of my editorializing. To the extent that we can, anything that is on the line, we certainly, and we will go out of our way,to try to maintain those. Of course, it's now, it is a new purchaser who I have yet to actually speak with but as far as this file is concern,we're not going to try to take anything that is on the property line or graveling it,the roots are on both sides. The other problem is that we have to get all the stormwater from here over to this large BMP out on Dam Neck Road, which again is an aesthetic amenity. So, we're not, and what Ms. Panullo said is accurate in terms to the extent that we could retain trees. We will be happy to do that. The problem is, and the application on Dragas points out,the reality is that we can't make promises we can't keep because we have to create positive drainage. That is imperative and that is to the large degree the enemy of retaining some or a lot of vegetation. There is about 125 feet of frontage, shared boundary, not frontage. Shared boundary between the two properties based on quick calculations I've done, but we have no aversion to try to maintain trees and certainly are not going to out of our way to do any damage to any trees that sprawl the property line, but I have not been out there and we will certainly attempt to better identify where the tree line begins, and hopefully there are trees on the Dragas property, but I can't sit here and tell the Commission whether they are or they aren't. Certainly there are no easements over at this property to the benefit of the Condominium Association to have any type of a buffer allowed or maintained on our property. But, it is not anyone's desire. She is absolutely correct. If you can have wooded lots,they would certainly be more valuable.They will be wooded overtime as the City is developed. We have lots of area that were farms that now have huge lovely tree canopy cover. The Dragas development is another example of that. The trees that are there now were not there 21 years ago. It is beautiful now. This will development will be similar as time allows the vegetation that we are required to plant to Item#10 B.H.Vineland Page 6 replace what is taken down to mature. Jeff Hodgson:Thank you. Are there any questions for Mr. Bourdon? Thank you sir. We will now close the public hearing and open it up for discussion. Don Horsley: I'll start. I think Mr. Bourdon is exactly on key. This will be a beautiful development when it is developed and the trees are planted. And where the young lady's apartment is over there, her townhome in that development is a very beautiful one. I am sure those trees in that development are similar to what's there than when that was developed. I feel very confident that Mr. Miller and Mr. Bourdon will do everything they can to make sure that all the trees can be saved that they possibly can to get this development put in like it should be, and as he stated the drainage is their number one issue when you develop anything because we have to have positive drainage or we will have more and more problems. The people will be coming back when we worry about the trees more than we do water in the backyard. So, I feel very comfortable that they are going to do a good job with this. I am ready to move on. Jeff Hodgson: Is there anyone else? Karen Kwasny: I just have a question. Jeff Hodgson: Ms. Kwasny. Karen Kwasny: It is not having to do with that, it has to do with what we do, and maybe this is foolish question but I need to have some information. When we do a redevelopment of an existing use, does the exception to the Code apply to non-conforming use? Bill Macali:The provision states that if you redevelop property to a density that is equal to or lower than the provisions of the AICUZ Ordinance, do not apply,whether or not those existing units are non- conforming or not. Karen Kwasny: Okay. Bill Macali: So that is not the intention in this case. Karen Kwasny: That is what I wanted to make sure.So, my understanding from Mr. Bourdon is that there is going to be some further discussion with the developer and the community members regarding what portion of tree line is on the property of the speaker and other members can sign the petition and to maximize preservation of some of that tree line? Is that possible? Eddie Bourdon: Now that we have a developer under contract,that is why this new Disclosure is out. We'll certainly bring them in to the loop with regard to trying to identify. First of all, where the line is relative to the tree line, and then it will be in their court to figure and to communicate as to what can and cannot be done. MSA,the engineers are also going to be involved with that, as Dr.White said this morning, because they initially were previously developed this non-conforming use as you mentioned, they have done a substantial amount of the engineering on the drainage that is typically not done this early in the process.We should be able to give greater clarity as to what can be saved or not saved in Item#10 B.H.Vineland Page 7 this situation than might be the case in others. But I can't sit here and tell you or tell Ms. Panullo for that matter today what you and that tree line is and what might imperil and what we might be able to be saved. But we will attempt to do that and have that dialogue before it goes to City Council Karen Kwasny: And have the information from MSA available to give clarity on both ends? Eddie Bourdon: Yes.Absolutely. Correct. I can't promise anybody that there is going to be a happy ending to that but at least there will be knowledge. We will know what can be saved and what can't be saved. Jeff Hodgson: Mr. Wall. Jack Wall: the one thing that I noticed is that with the forested area, it doesn't in terms of calculations. (inaudible). Eddie Bourdon: You're absolutely right. I completely aware of that, and don't disagree with it. However,there are practical issues especially on smaller sites in trying to create the drainage that is required so you're absolutely correct in what you say, but it is not one size fits all and it may help here given the lot size of it.These are deeper lots on that side so, it may well be the ability to maintain some of those trees. Jeff Hodgson: Is there anybody else? Would anyone like to make a motion? Don Horsley: I make a motion that the application be approved. Ron Ripley: Second. Jeff Hodgson: A motion made by Commissioner Horsley and seconded by Commissioner Ron Ripley. Bob Thornton: Mr. Chairman, I can't vote on this. His disclosure form doesn't show it, but my company is the broker and represents the seller in this matter. Jeff Hodgson:Thank you. Is there anybody else? Mr.Weeden. AYE 10 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABS WALL AYE Item#10 B.H.Vineland Page 8 WEINER AYE By a vote of 10-0-1, with the abstention so noted, the commission has approved the application of B.H. Vineland. �`4G1 lA A0// A - ` CITY OF VIRGINIA BEACH �a9 a INTER OFFICE CORRESPONDENCE 844,.... .roralt.:. ...,p 2 y 1~ � .�a ' w, s $ey e 5 ks OF OUR NPS\Od In Reply Refer To Our File No. DF-9598 DATE: September 9, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay WilsA 'r'" DEPT: City Attorney RE: Conditional Zoning Application; BH Vineland, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 20, 2016. I have reviewed the subject proffer agreement, dated May 28, 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 BH VINELAND, L.L.C., a California limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of May, 2016, by and between BH VINELAND, L.L.C., a California limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of those three (3) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 112,376 square feet, which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcels are hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-2 Agricultural District to Conditional R-5D Residential District; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-5D Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. GPIN: 2415-64-0845 2415-65-2006 2415-65-2205 Prepared By: R.Edward Bourdon,Jr., Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantors until the Property is developed: 1. When development takes place upon the Property, it shall be as a single family residential community of no more than eleven (11) building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF OLD DAM NECK HOMES OLD DAM NECK ROAD VIRGINIA BEACH, VIRGINIA", dated 05/28/16, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Subdivision Plan"). 2. When the Property is developed, the residential dwellings constructed will have architectural features, exterior building materials and appearance of like quality and character to the homes depicted on the twenty (20) photographs and elevations contained in the exhibit entitled "Home Quality Exhibit/Old Dam Neck Homes", dated May 27, 2016, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Pictorial Menu"). 3. When the Property is developed, the eleven (11) lots shall be subject to a recorded Declaration creating a mandatory membership Homeowners' Association which shall be responsible for maintaining grassed and landscaped areas owned by the Association. 4. Further conditions may be required by the Grantee during Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-5D Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in 2 force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the 3 conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: BH Vineland, L.L.C., a California limited liability company Abb.� � (SEAL) . • ,bryczman ger/Member A notary public or other officer completing this certificate verifies only the identity of the ; individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California County of Los Angeles On May 31, 2016 before me, Nicole Stanton, Notary Public, personally appeared Daniel Gryczman,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal.JA:=.- rY ` Co�iafo�#�21�5oQ3 a.,�� ►!IhiWe-C2 rnia f Si nature "' COMMounty, r g (Seal) M lipm•m.Ex fires A04p. r B.2020 5 EXHIBIT "A" PARCEL ONE: ALL THAT certain tract of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, designated on the plat entitled "Survey of Property for H.R. Marcum, Seaboard Magisterial District, Princess Anne County, Virginia (Located near Dam Neck)" made by Frank D. Tarrall, Jr. & Associates, dated January 23, 1959, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia with a Deed of Trust recorded in Deed Book 575, at Page 382, as a tract containing 0.540 acres and more particularly bounded and described as follows: Beginning at a point described as "Old Pin" located at the intersection of the northern side of Route 63o (Old Road to Dam Neck Coast Guard Station) and the dividing line between the property now or formerly owned by Wilkerson and the property herein described; thence North 3o degrees 02' 41" East, 168.32 feet to a point designated as old pin; thence South 6o degrees 40' 30" East, 146.07 feet to a pin; thence South 41 degrees 40' West, 206.47 feet to a pin in the northern side of Route 63o, thence along the northern side of Route 63o, North 42 degrees 53'West, 109.28 feet to the point of beginning. GPIN: 2415-64-0845 PARCEL TWO: ALL THAT certain tract, piece or parcel of land together with the buildings and improvements thereon, ling, situate and being in Virginia Beach, Virginia, and described as 1.7 Acres on that certain plat entitled, "Property of J.D. Pelot located in Dam Neck, Princess Anne County, Virginia", Scale 1" = 100'; dated August 22, 1956, made by W. B. Gallup, County Surveyor, and recorded in the Clerk's Office of the Circuit Court, of the City of Virginia Beach, Virginia in Map Book 42, Page 31, reference to which plat as hereby made for a more particular description of said property. LESS AND EXCEPT that property removed by Deed recorded in the Clerk's Office aforesaid in Deed Book 2238, at Pate 175. GPIN: 2415-65-2006 PARCEL THREE: ALL THAT certain tract, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, (formerly County of Princess Anne), State of Virginia, known, numbered and designated as Lot "8" on the plat entitled "Physical Survey, Lot #8, J.D. Pelot Tract Dam Neck-Princess Anne County, Virginia", Scale 1" = 5o', which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, (formerly Princess Anne County), Virginia, in Map Book 27, at Page 39. 6 I LESS AND EXCEPT that property removed by Highway Take recorded in the Clerk's Office aforesaid in Deed Book 2812 at Page 359• GPIN: 2415-65-2205 H:\AM\Conditional Rezoning\BH Vineland\Proffer Agreement.doc 7 4.. --...„. , ___ i /I ,. ,., . „ • , L----:, • / / ' .- i I ' ' ) ,..... .--7 ' Cs11 i ,. „.. • :-:0 / -_,,, ir• _ Et 4. 4,..._.../ .,•:, ,, 1--_____„„..,.. ---,....- ... , ....,....S. \ I.. i, - \\,,, ...•5. ...,..- , ---- ..,.._ ----___ 7 ------...../ /----„,„ ..._, , ----,..__ . . .,,, --------.1 / 4 cs.\\_ ',.,\ ./..,.. ,f ''''----il ,... ''` : ___. -..,..,„....6/ ri 7 I \..i --7 • 4 i i 1 , 4 _, -----,,i ,IC4 1, .„-•,, r.).. -.----- \ ,.......,_. .I 7 \ \ I 1X---1 ---) li \,,.:„ )1 c... - , 410.. ."*. -le ------___ , ,r------------, ,..,„ 4 / /---_,,, , (----, ..... ,,, i T'" 1 / -------- / i 411411111 ..4ii I • I I 0 i I ik-----3 . , ....''..--7 - • „....,.. /-- ---• i . • „.„. f i : ,----' • • •".•,.,.., , • : -'› ---_ S �yi 4* f0` f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRYANA GUCKIN [APPLICANT & PROPERTY OWNER] Conditional Use Permit (Home Occupation - Internet Sales). 1225 Orkney Drive (GPIN 1476003102) COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: September 20, 2016 • Background: The applicant is requesting a Conditional Use Permit Home Occupation of an internet-sales business for cloth diapers and accessories. Daily business activities will include customer service via phone and email, accounting, product ordering, website maintenance, and shipping of orders. Inventory will be kept within a detached garage on the site, thus a Conditional Use Permit is required. • Considerations: The proposed home occupation is not expected to have any adverse impacts to properties within the surrounding neighborhood. The anticipated hours of operation are from 9:00 a.m. to 4:00 p.m., Monday through Friday, and there will be only one employee. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. Staff was not made aware of any opposition to this request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request as conditioned: 1. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used for storage of the inventory or in the conduction of the business. 3. The use shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any Bryana Guckin Page 2 of 2 greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. Deliveries and shipments related to the home occupation shall be limited to only those that do not require the use of a tractor-trailer. 5. The home occupation shall be conducted on the premises, which is the bona fide residence of the applicant. 6. There shall be no sales to the general public of products or merchandise from the home. 7. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. J/ !� Submitting Dep- • e t/Agency: Planning Department �'�V1 City Manager: `;� • Ji Applicant & Property Owner Bryana Guckin Agenda Item Public Hearing August 10, 2016 City Council Election District Kempsville 5 ,„of Virginia Beach Request a"' ,,, f Conditional Use Permit (Home Occupation— °m. "e o eo w, o ,.aje O c Po �C bes\a Internet Sales) ` ;` . A\0" u C iy Pc- %o Staff Planner S,, .,ewe Md°„x°,, t �I. r0,d g. nq•a oe 4 Jonathan Sanders `y°'.°, e o °'" �4 s F e ti., - r Q a ,` 1 CI 7D Location °�= t 4- 1225 Orkney Drive s F' ..`..t a a o f GPIN °i 2 wryest Court piny°t�� � � � ° �� C4 1476003102 A ` s4 bOe04' ipW'wlt,, 2' (,�4 I x Site Size ..4.` �thR°'' raga n apo �1 `9 0.35/ Acres § ..e AICUZ A„'""eti.,. Less than 65 dB DNL Existing Land Use and Zoning District =' .. Y 2 Single-family dwelling/ R-10 Residential f 41' PYlt ;* o t) v, Surrounding Land Uses and Zoning Districts j or North ('fit Y Single-family dwelling/ R-10 Residential r '. South - 4 �- Open Space/ PD-H1 Planned Unit Development District East Single-family dwelling/ R-10 Residential A e _ `ts West � 'f �- �!, o` '..; Single-family dwelling/ R-10 Residential 1-7-, `441 . 9 ,._ ,' •4 Bryana Guckin Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant operates a small retail internet-based business, Soft Cloth Bunz, Inc. (DBA Diaper Junction), which sells baby products such as cloth diapers and diaper covers. • Day-to-day business activities are conducted from the applicant's single-family dwelling. These activities include, but are not limited to, customer service via phone and email, accounting, product ordering, website maintenance and shipping of orders. • Section 501(b)(5)(iv) of the Zoning Ordinance for Residential Districts states that certain accessory activities are permitted by-right within a residence, provided certain criteria are met. One such criteria is that all business activities must be conducted within the principal dwelling unit. The applicant proposes to store the inventory within an existing detached garage, therefore a Conditional Use Permit is required. • The applicant anticipates an average of three deliveries a week. Orders are packed and shipped via the U.S. Postal Service. • No customers will come to the home to shop, buy, and/or pick up any merchandise. • Anticipated hours of operation are from 9:00 a.m. to 4:00 p.m., Monday through Friday, with one employee. R-20 /-------- R-20 /// 1\- , N , Vivi Zoning History \ L /N ' # Request 1 CUP(Home Occupation)Approved 01/24/1995 1 PD-H1 N 4/11,04 ./ *--..,,,,tir ._.. C '-."' ,.— Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities Bryana Guckin Agenda Item 5 Page 2 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. (Sec. 1.3, pp. 3—10) Natural and Cultural Resources Impacts This site is located with the Chesapeake Bay watershed. As the property is developed with a single-family dwelling, no significant cultural or natural resources, if present,will be impacted by this request. Traffic Impacts Street Name Present Volume Present Capacity einerataitTraffic No Data Available Existing Land Use 2-10 ADT Orkney Drive Proposed Land Use 3- 12 ADT 1 Average Daily Trips 2 as defined by one single- 3 as defined by addition of Internet 4 LOS=Level of Service family dwelling sales Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Orkney Drive in the vicinity of this application is considered a two-lane undivided local street and is a 50-foot right-of- way with a large cul-de-sac. The roadway is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water and Sewer The site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation In Staffs opinion,the applicant's request for a Conditional Use Permit for a Home-Occupation for internet sales is generally consistent with the Comprehensive Plan's land use goals for residential areas. No significant traffic will be generated with their request, as there are no retail sales from the home proposed. It is Staff's opinion that the proposed use is appropriate for the subject site and is compatible with the surrounding residential land uses. As such,Staff recommends approval of this request with the following conditions. Bryana Guckin Agenda Item 5 Page 3 Recommended Conditions 1. Per Section 234 of the City Zoning Ordinance,there shall be no more than one (1) sign identifying the home occupation. Said sign shall be no more than one (1) square foot in area, shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used for storage of the inventory or in the conduction of the business. 3. The use shall not create noise, dust,vibration, smell, smoke,glare,electrical interference,fire hazard,or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. Deliveries and shipments related to the home occupation shall be limited to only those that do not require the use of a tractor-trailer. 5. The home occupation shall be conducted on the premises,which is the bona fide residence of the applicant. 6. There shall be no sales to the general public of products or merchandise from the home. 7. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Bryana Guckin Agenda Item 5 Page 4 Existing Site Layout • 1 he mese boundary Coney shown erreon Is bawd on a arts.6N0 survey performed on May 2,2016 a'd to comor,a:.c.' :-r;a:t andb(deeds)teseteneed ns+ew TM survey was psrsernad sM11OA Me WAN W a current We report The eavortent$a00es+e+9 on that survey.it shy were dspeMMd an road n the relerenood pSt(s)tutd/ov deeds).m*s$otherwise noted 2 TM property aooesn b W es flood toners)X as shown on the NfIP nap for the oty of Vegraa Beach map'panet 615631 0002 0 ~Ws 1116115 Rase Flood Eyraton•WA Fnuthed Foot EMrason•NIA N om 0 tomo \ 9 2 5 ' ••+ r► 20 paape Cr 5\ p7� 7 *s•1 \ `fi1 o ep • M j On MI o - f Frame 11' f •,/ b! ''/4.,,, ...---- +r ''� ! r • r, 1. / 24 3• • t. -11 3 !deme shw 10 v ` / •' ca no 4 tOiNrdaeOn / / • - Storage of inventory \ 53' 151 7i5e'Jr. 191 1 13 wood proposed in existing `7,\ ;., / `1• detached garage. h 2 Story Frame Nouse 51225 +r ft Dn A \\ l' / 4'.. 1 3 is.OO1MerN -' �13 r• entente, e5 r - 1A / O 4..t' •• .s{�• ...to.l n 214 / • \ S 5 - t 13 I 23 i \ \ / 4 /ii \ 15.392 SF a3 e 3 01533 Ac ' a 5 d//nape b ` P / 11EIOas essemet e vtates easement on01 tou�. pa• Re arW 's Us• 0p' U X44' 4 ORKNEY DRIVE (100') Bryana Guckin Agenda Item 5 Page 5 Site Photos , • . Vit, } .. p 'Yrl ii.�ti th yj ,rt j >.- '''' 41 'r • ;'*'i 4 ma i ii L''''.'''' ' Im 0 ri::-t'''''1":.,s;:r1;.:1 1�� X1111_ 440,01E y i::: 'ate^^ - •.,.+bra• ms. we ' ' 4 .........._. r *•• :ate'',..t,.•,- Bryana Guckin Agenda Item 5 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME 13i-yo-no, Guckin DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • 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). El APPLICANT NOTIFIED OF HEARING DM L: / NO CHANGES AS OF DATE: IM 6 Jonathan Sanders REVISIONS SUBMITTED DATE: /// Bryana Guckin Agenda Item 5 Page 7 Disclosure Statement Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ,/ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Sc4-4- g 'f5V()2� Y1C t b ilMer c�U,'ci,vi� If an LLC, list all member's names: l If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) rp'o.ncti L. Guckin Presiden-V . Gvc (n S EC re+'as-r/ (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Bryana Guckin Agenda Item 5 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • 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 Bryana Guckin Agenda Item 5 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I �/I Accounting and/or preparer of Zuckermo..r -++ /tsSociaJ� u your tax return l i ElArchitect/Landscape Architect/ El, Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed E' purchaser of the subject property ,, (identify purchaser(s)and purchaser's service providers) n a Construction Contractors • EEngineers/Surveyors/Agents t o T As oci o,-(-es t Sonic-70(S Financing (include current Wells Far o ( 111mortgage holders and lenders U �J selected or being considered to provide financing for acquisition or construction of the property) E LI Legal Services W041(-i iverS G�= Real Estate Brokers/ ErAgents/Realtors for current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ r r an interest in the subject land or any proposed development Er 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 Bryana Guckin Agenda Item 5 Page 10 Disclosure Statement CERTIFICATION: I certify that all of the inform---;or c complete,true, and accur rt,_, - i eduled for p_blic he: i provided herein �vto ;, meeting, or mQE;ir:g p,.0' Application._ -�= &grim L Gam_E;n 611116 Bryana Guckin Agenda Item 5 Page 11 Item#5 Bryana Guckin Conditional Use Permit 1225 Orkney Drive District 2 Kempsville August 10, 2016 CONSENT An application of Bryana Guckin for a Conditional Use Permit(Home Occupation—Internet Sales) on property located at 1225 Orkney Drive, District 2, Kempsville. GPIN: 1476-00-3102-0000. CONDITIONS 1. Per Section 234 of the City Zoning Ordinance,there shall be no more than one (1)sign identifying the home occupation.Said sign shall be no more than one (1)square foot in area,shall not be internally illuminated, and shall be mounted flat against the wall of the residence. 2. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used for storage of the inventory or in the conduction of the business. 3. The use shall not create noise, dust,vibration, smell, smoke,glare,electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 4. Deliveries and shipments related to the home occupation shall be limited to only those that do not require the use of a tractor-trailer. 5. The home occupation shall be conducted on the premises, which is the bona fide residence of the applicant. 6. There shall be no sales to the general public of products or merchandise from the home. 7. No more than one person other than a member of the immediate family occupying the home shall be employed and working out of the home. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE Item #5 Bryana Guckin Page 2 KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 5 for consent. The applicant Bryana Guckin appeared before the Commission. --- .----------:) \\.„---"--- \ , \----'-e------- . I , ' • \\\ ., _____--------- .„... ,,----- , ,,--c;- ._0---- \\ \ „,---, -,,--- N. t) ‘itski' , __. ,..----- , ."'"---7-:7)\-1----1 .-- T-------::' ,.3::,,.\C_r--:\.1"\sl:,' \ \\\ \c`l, ' ..." --- ek v- ‹.., ,-----\ % \ .., , .,„ \,\50 \\ 1 is) , 10 ___.___ ::#0,0••••• 4' \ \ ---',,\..,44\.. ,-- \ \co • \,\,,,,., \---\. , , ,------- ' \ \\ ,-----\ ,,,,,\--5.2 .• \ , .... , o .,, .,L N . .., , . 0 i % ,, ... <-----\„) - % \ , \ \ , ,------\\ \ 1•.,..e.,. ----'-'\ `f-- , \\' \. ' :-; I 3 r----1?N'111> ___5---- . -\\). Li_ i___J . , , , -s 1 \ (\\,\ ..:-\ ___,„ p---- \ N)\- '---e----\) ,,,,-------\\ ,,-,--' \\\ \ c--- \-,..--\-----: --f ..„....p, \ ,--c-- -,----- ------i<0% 4.- fry- may, 4; ii.h ...„ ,t..;.;� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RALPH J. & DEBBIE NAHRA [Applicant & Property Owner] Conditional Use Permit (Motor Vehicle Sales & Rentals; Automobile Repair Establishment) 1017 Aragona Boulevard (GPIN 1478049650). COUNCIL DISTRICT — BAYSIDE MEETING DATE: September 20, 2016 ■ Background: This site has a long history of retail use. According to the application, for 34 years this site was a 7-Eleven convenience store. In 2015, 7-Eleven relocated to a larger site directly across Haygood Road and obtained a Conditional Use Permit for Fuel Sales. The applicant, who is also the property owner, wishes to upgrade a portion of the property, approximately 20,500 square feet, and operate an automobile sales and repair business with up to six employees. A second building, located on the southern portion of the property, will remain and is not part of this request. • Considerations: This request provides an opportunity to bring the property more into compliance with today's landscaping, screening and signage standards. The upgrades include the installation of the required screening and plantings, and the removal of non- conforming ingress/egress points and signage. In Staff's opinion, these improvements will upgrade the aesthetics and safety of the site, and bring the property in line with many of today's requirements. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. There was one speaker in opposition to this request. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0 with the following conditions: Ralph J. & Debbie Nahra Page 2 of 4 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, subject to all applicable building and fire codes. When the property is redeveloped, it shall be in substantial conformance with the submitted exhibit entitled, "Concept Plan For Auto Sales & Service, prepared by Massey Engineering, PC, dated July 28, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development, which the exception that a minimum of two feet of the existing pavement on the property along the Haygood Road be removed and replaced with plant material as described in the conditions below. 2. The building shall be updated as depicted on the submitted elevation entitled, "As Built Elevations for Trucks R Us," prepared by GMF + Architects, which been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The repair portion of the business shall be limited to the purpose of performing only minor repairs to vehicles that the sales operation on this property will be offering for sale to the public. 4. All auto repair shall take place inside the building and shall be limited to a one-car garage. 5. No vehicle in a state of obvious disrepair shall be permitted on the property. 6. No outside storage of equipment, parts, or materials shall be permitted. 7. All junk, debris, and other discarded items must be removed from the site. 8. The existing non-conforming sign shall be removed prior to obtaining a Certificate of Occupancy from the Building Official's Office. Any freestanding sign shall be monument style, with a brick base, limited in height to eight feet and shall be externally lit. The design of the sign shall be submitted to the Planning Director and shall be subject to the Director's approval, prior to the issuance of a sign permit. 9. 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. No window signage shall be 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 for the installation of any signage. Ralph J. & Debbie Nahra Page 3 of 4 10. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 11. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance, and in no case shall be larger than as depicted on the submitted elevation referenced in Condition 2 above. No signs shall be installed on the sides or the southern façade of the building. 12. The parking lot shall be restriped to reflect all parking spaces required by the City Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 13. The existing chain link fence on the property shall be removed and replaced with a solid fence, minimum height of six feet, as depicted on the exhibited referenced in Condition 1 above, and shall be maintained at all times. In the event that said fence falls into disrepair, it shall be replaced immediately. 14. The required dumpster screening shall be installed, so as to aid in updating the aesthetics of the site. 15. The existing northern ingress/egress along Aragona Boulevard, closest to the intersection of Haygood Road and Aragona Boulevard, shall be removed as depicted on the exhibit referenced in Condition 1 above. 16. Streetscape plantings along both Haygood Road and Aragona Boulevard shall be depicted on the plan submitted to the Planning Department and ultimately be installed with species and location subject to the approval of the City of Virginia Beach Landscape Management and the Development Services Center's Landscape Architect. 17. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 18. No outside paging or amplified music system shall be permitted. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Ralph J. & Debbie Nahra Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. • e agency: Planning DepartmentahliSt.- 14 City Manager: et% Applicant & Property Owner Ralph J. & Debbie Nahra Agenda Item Public Hearing August 10, 2016 City Council Election District Bayside 3. 3 Virginia Beach Request Conditional Use Permit (Motor Vehicle Sales s' �, & Rentals; Automobile Repair Establishment) 3 s c°°`�°` c 4 0¢ 4° Staff Planner t $ `¢ �' L ace ate Carolyn A.K. Smith Elstontane rg oo�P�pra,�J e. oeetb¢`ad5ace Wesleyan Dave • �e5%t ice O�.t.�d m' '"eg a ee* a Pa g Location o �' A�P `„I 40„e0 e4t 4,„oa�pJe, `ace 1017 Aragona Boulevard E f! eO,�e Gt etR N, ,e0,0`ace a, GPIN r¢�` F as ac`'ace a °a ` �s 1478049650 Newtown Road 3a� .�,, <„lo i. m m ''OnJ BO4/ P° Site Size <e. ,,,,,,o,''' C m eNk- 20,533 square feet nB,,,ae E ¢ �° a a . = i AICUZ / £' s 6 r ,e,0 c p Less than 65 dB DNL �o4<ina'd Dyan<ane *rid.,Road e,•� Existing Land Use Vacant retail building Surrounding Land Uses and Zoning Districts North Haygood Road ,A. '' 134k 4 t4 • �oa�. - -; .- •N y c b Retail & fuel sales/ B-2 Community Business , , �� " ' �� `; SouthsJ Aragona Circle ` ' '"''. a�o -� -,- `_ Personal Service Establishment/ B-2 • Community Business �� �° .0 •.: o . • ti , t East 0 ._-.1- d A. e . _ ..- ieAragona Boulevard ° ``r o _/ . /r/ Auto sales/ B-2 Community Business .1. �a, C:‘'`C:‘'`West 9- c. Single-family dwelling/ R-7.5 Residential ` tlsPa a9°� ad f' I• A /, e FL 'c LL� 0� AO Ralph J. & Debbie Nahra Agenda Item 13 Page 1 Background and Summary of Proposal • The applicant, who is also the property owner, wishes to upgrade a portion of the property, approximately 20,500 square feet, and operate an automobile sales and repair business with up to six employees. A second building, located on the southern portion of the property, will remain and is not part of this request. According to the application,for 34 years this site was a 7-Eleven convenience store. In 2015, 7-Eleven relocated to a larger site directly across Haygood Road and obtained a Conditional Use Permit for Fuel Sales. • The existing 2,520 square foot building will remain and will contain the sales office as well as a one-car garage for minor repairs to vehicles in preparation for offering them for sale. The hours of operation are proposed as 10:00 a.m. to 6:00 p.m., Monday through Saturday. • An existing, non-conforming sign located at the corner of Haygood Road and Aragona Boulevard will be removed and replaced with a monument-style sign that will meet all applicable requirements of the Zoning Ordinance. • Improvements proposed for the structure on this property include the installation of a garage door facing west, where pavement has been added to the right side of the building. The overhead garage door will not be visible from the right-of-way. • A new sign is proposed to be mounted where several fascia panels are missing on the existing building. The new panels will be painted a neutral beige color. The existing storefront double door will remain as well as a frieze above the storefront that is painted red in the proposed elevation rendering. • Upgrades to the site include the installation of the required Category IV landscape buffer and replacement of the existing, old chain link fence with an all-weather, solid fence along the western property line; removal of the existing non-conforming sign at the corner of Haygood Road and Aragona Boulevard; closure of one of two ingress/egress points along Aragona Boulevard; installation of a wall to screen the dumpster;the addition of interior parking lot and display area plant material; and, the installation of plants along the Haygood Road and Aragona Boulevard, as permitted by Landscape Services. • e:z 0 ipto ,,, . ' „... „, 3 O J j B-2 Zoning History -I/ # Request 1 CUP(Fuel Sales)Approved 06/17/2014 �: /// 2 CUP(Motor Vehicle Sales)Approved 01/22/2002 l - ' R-7�.5 Y 3 CUP(Mini-Warehouse)Approved 02/11/2003 R.,7-:6 \ ds4� �\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Ralph J. & Debbie Nahra Agenda Item 13 Page 2 • Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as Suburban Area. The Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area.Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality,create and protect open spaces, and connect suburban mobility.Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability, buffering of residential from non-residential with respect to type,size, intensity, and relationship to the surrounding uses. (pp. 3-1 through 3-3) Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed.As the property is almost entirely impervious,there do not appear to be any natural or cultural resources associated with the site. Traffic Impacts s Haygood Road 19,119 ADT 1 14,800 ADT i(LOS a r C,) 2 27,400 ADT (LOS E ) Existing Land Use/Existing Zoning —1,771 ADT/ 165 ADT Aragona Boulevard No Data Available 6,200 ADT i(LOS a"C ) Proposed Land Use 3-127 ADT 11,100 ADT (LOS "E") ' Daily Trips 2 as defined by a 2,400 3as defined by auto sales,rentals& n LOS=Level of Service square foot convenience repair with 6 employees store/0.3 acres of B-2 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Aragona Boulevard in the vicinity of this application is considered a two-lane undivided local street. No roadway CIP projects are planned for this area. Haygood Road in the vicinity of this application is considered a two-lane undivided minor urban arterial street. The MTP proposes a four-lane facility within a 110 foot right-of-way. No roadway 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. Ralph J. & Debbie Nahra Agenda Item 13 Page 3 Evaluation and Recommendation This site has a long history of retail use. While this B-2 zoned property extends from the busy Haygood Road to the entrance of the Aragona Circle,which is a cul-de-sac with 12 single-family dwellings on R-7.5 lots,the Conditional Use Permit request is limited to approximately 20,000 square feet at the corner of Haygood Road and Aragona Boulevard. All of the existing uses at this intersection are automobile related—fuel sales,auto sales and auto service. As this property is zoned B-2 Community Business,other commercial uses could be permitted as a matter of right without the benefit of conditions of approval. Some of these by-right uses, such as a 24-hour fast food restaurant or convenience store, could potentially negatively impact the surrounding residential properties. The transition of the building from a convenience store to an auto sales operation greatly reduces the traffic to and from this site. As the existing building where the automobile sales use is proposed was occupied by the same tenant for over 34 years, few upgrades to the site have been done;therefore,this request provides an opportunity to bring the property more into compliance with today's landscaping, screening and signage standards.These upgrades are described in the summary above. In general,the installation of the required screening, plantings; the removal of non-conforming ingress/egress points and signage; and the multiple conditions below that are tailored to address the recommendations of the Comprehensive Plan in terms of preserving neighborhood quality,will, in Staffs opinion, not only improve the aesthetics and safety of the site, but will also bring the property in line with many of today's current requirements. Based on these factors, Staff recommends approval, subject to the conditions below. Recommended Conditions 1. When the property is redeveloped, it shall be in substantial conformance with the submitted exhibit entitled, "Concept Plan For Auto Sales&Service, prepared by Massey Engineering, PC, dated July 28, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development,which the exception that a minimum of two feet of the existing pavement on the property along the Haygood Road be removed and replaced with plant material as described in the conditions below. 2. The building shall be updated as depicted on the submitted elevation entitled, "As Built Elevations for Trucks R Us," prepared by GMF+Architects, which been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. The repair portion of the business shall be limited to the purpose of performing only minor repairs to vehicles that the sales operation on this property will be offering for sale to the public. 4. All auto repair shall take place inside the building and shall be limited to a one-car garage. 5. No vehicle in a state of obvious disrepair shall be permitted on the property. 6. No outside storage of equipment, parts,or materials shall be permitted. 7. All junk, debris, and other discarded items must be removed from the site. 8. The existing non-conforming sign shall be removed prior to obtaining a Certificate of Occupancy from the Building Official's Office.Any freestanding sign shall be monument style, with a brick base, limited in height to eight feet and shall be externally lit.The design of the sign shall be submitted to the Planning Director and shall be subject to the Director's approval, prior to the issuance of a sign permit. Ralph J. & Debbie Nahra Agenda Item 13 Page 4 9. 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. No window signage shall be 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 for the installation of any signage. 10. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted or attached to the windows, utility poles,trees,or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs,or electronic display signs on the site. 11. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance, and in no case shall be larger than as depicted on the submitted elevation referenced in Condition 2 above. No signs shall be installed on the sides or the southern façade of the building. 12. The parking lot shall be restriped to reflect all parking spaces required by the City Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 13. The existing chain link fence on the property shall be removed and replaced with a solid fence, minimum height of six feet, as depicted on the exhibited referenced in Condition 1 above, and shall be maintained at all times. In the event that said fence falls into disrepair, it shall be replaced immediately. 14. The required dumpster screening shall be installed, so as to aid in updating the aesthetics of the site. 15. The existing northern ingress/egress along Aragona Boulevard, closest to the intersection of Haygood Road and Aragona Boulevard, shall be removed as depicted on the exhibit referenced in Condition 1 above. 16. Streetscape plantings along both Haygood Road and Aragona Boulevard shall be depicted on the plan submitted to the Planning Department and ultimately be installed with species and location subject to the approval of the City of Virginia Beach Landscape Management and the Development Services Center's Landscape Architect. 17. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 18. No outside paging or amplified music system shall be permitted. 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. Ralph J. & Debbie Nahra Agenda Item 13 Page 5 Proposed Site Layout ARAGONA CIRCLE o,",-D '...-1-, S 66`56'42'W 150.00' / .--' D f,, . .t % , , / , a}PACES' `Y % i /' /' // ; G) 0 _"_T__ Z I --- D EXISTING BUILDING BARBER SHOP AS CURRENT USE mA W 1376050 FT. -CO TC MG g Om lD� D _.. -_ _ C CX Co Am 9H FT C1 .Vm iNZ Zm x' ym AO BIZ r I ....._. _. - oz of T y 60.00. mXI 0r- 1,1 z 3y m' D �m O ' 1Y SERVICE I" r. 2'S 3 D yrr g DOOR 4850 g 1 18.00' i 24 00 EXISTING BUILDING '^� — z = X) .50 r _.. �... -400' 2.520 SO.FT. '.1 0 CO 1I W N z Z� MTh 4.�' C--. O m IAO • MTI ORNAMENTAL SHRUBS 1 `I I 11408_-.--80'_ 12.5 2.50' -- n s. L___A TO ; Ova TcNGIm4C EATOI i - > z �mmz g oz oz 5 {F 0 2A ,s-c' (4 mi 01 R'? C< UN - D D 161 SPACES Q 9'X 18' m $17, % .D m Ef I 'y T� C (%D 0)). I I- N I O i w INTERIOR LANDSCAPING'.3,216 SO.FT. I rl Cf ;_ * t>o zz 0. I 1 t I m '6' 20.533 SO FT m Cl j -/N �1 A I N I $ AUTO SALES A 612' N m a �3, l x X p y� BUFFER m --I -1 ^' T - _ _`C) •14' 1 s... I 7 -1 X/ I • (10)UNMARKED DISPLAY O D TC MG I__ - i i Si('ACES CO e'k 18' -I `,Q .�0. L ±..J $ (10 �c 2" — I EBISIIND WALK ' N 66'56.42"E 140.00' • W,q<k 1 I SMALL SHRUBS&SMALL TREES FOR H A Y G O O D ROAD B S' OVERHEAD WIRE CONSIDERATION. / ALL PLANT MATERIAL IN R/W TO BE COORDINATED WITH LANDSCAPE MANAGEMENT. —• 1 o_ CONCEPT PLAN '.. •zi3_ FOR AUTO SALES B SERVICE MASSE Y G• v HAYG000 ROADS ARAGONA BLVD. O O VIRGINIA BEACH,VIRGINIA /4 Engineering,PC 6 'X L I ♦ I Ralph J. & Debbie Nahra Agenda Item 13 Page 6 Proposed Site Layout ARAGONA CIRCLE • c>",* b ,, S 66°56'42"W 150 00' -., S,,, 7O .--- > . / ,j' / / / / ' C, O _ z EXISTING BUILDING I BARBER SHOP AS CURRENT USE 1 I 1,4 W 13 760S0 FT g-0 7c.nw em m- • 055 ---1 jj m -73!--;; GA — mz _ _ . . _, 2 ' ,.4 c, F.)RI -0 1 gi z'o -n z rS 'r- ,g, El. 60 00 Irri i 3 mm C n g 8 < t ir SERVICE ../.. .....____1 > I ' r--------1 ' •. o la ors EXISTING SOLOING 1 O , 1 Ne,2 1------ Kir vorAnsuarays.IV4Aw .- 4 SI 11''' . ' . . - MO I ES —o TCBG In A , >> 7: tti g 84 1 Et Z rn 1 w 0 x I . i ,i 8 Ta•< (6)SPACES a 9 X 18 4'2 C< ot 13 ?2, .4i °P; 1:11-'z' I ' --34---- 15 , INTERIOR LANDSCAPING 3 216 SO FT '6" 20,533 SOFT 5. -I cn '3 21?A I ‘:---- 8 AUTO SALES 7> Et -1"- . 2 1 - S _ JO i E (10)UNMARKED DISPLAY I RI TC MG I STACES @ 8 X 13 1 -I +. - - 1 ! I , rn _ ) z •P, (10)UNMARKED DI I 51 a,1 I ENSPNO wALK . ..• • • • . RI), / I g .. • • _• . N /..5 m SMALL SHRUBS&SMALL TREES FOR HAYGOOD ROAD ri OVERHEAD WIRE CONSIDERATION TALL PLANT MATERIAL IN RIW TO BE COORDINATED WITH LANDSCAPE MANAGEMENT. S ./ N , I d CONCEPT PLAN •:\ ; i i.. FOR AuT 0 SALES 8 SERVICE '. i i• 5. HAYGOOD ROM)6 ARAGONA BLVD ai F M AS SE Y 9 .7 R I. g'I'' VIRGINIA BEACH viRGINIA Engineering, p PC .. 1 ...' 9 Ralph J. & Debbie Nahra Agenda Item 13 Page 7 Proposed Site Layout PARKING SUMMARY a. W Ci) mat 1001.1.1.11100.110•000.01.10000 FOR .2A.C.,,,,,t . c .o....,..0.Wo...........�. CO ani QC_ OQ (L +., wua. FRONTAGE LAND USE W Q vu 9. ..Wm m... �� . �. d1 Ce ,P c " q s .' 3a p 000010.1.1.000040060614 UM a� a 6 `, \ o°e z o a ::-...---T.,,t \--- ,,,,,:::::::::';;,;_„..--- vF J • e. IL t'• ' GO ,r4 1.17~OMKW VA-6.•00 WO.... A 0 10 20a...; 7.211.22V C-1 GRAPHIC Ralph J. & Debbie Nahra Agenda Item 13 Page 8 Proposed Elevation TRUCKS-R-US .ragszfifiralow 497-3727 ' AP WC Ioca 1 1 0 ("Pr1.1%VY Ralph J. & Debbie Nahra Agenda Item 13 Page 9 Site Photos • ;MIR _ _ _ - _dee,* Ralph J. & Debbie Nahra Agenda Item 13 Page 10 Disclosure Statement Virginia • APPLICANT'S NAME No_ "rte. 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 Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board V 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 Page 1 of 7 Ail, K AN 1 N01 1111 1 IA 11'AUL INC .0, NO 11.ANI,1 A� I .1-•I Lf C Carolyn Smith V IS'C`N''1JEM11; Ralph J. & Debbie Nahra Agenda Item 13 Page 11 Disclosure Statement Check here if the APPLICANT IS NOT a corporation, partnership; "firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: k L'_P �' H 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 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. CY Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: /�Q A LE,14 �' `f" D EV$I E N A H R 4 If an LLC, list the member's names: Page 2 of 7 Ralph J. & Debbie Nahra Agenda Item 13 Page 12 Disclosure Statement 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) I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than p, 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 Proaertv. 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 Ralph J. & Debbie Nahra Agenda Item 13 Page 13 Disclosure Statement 4,e ir sYv APPLICANT YES n SERVICE PROVIDER e.additit f ii sheets if needed) CAccounting and/or preparer of ��wvv��� your tax return [ Architect/Landscape Architect/ 1 LJ Land Planner �M -i' (.t p.T'fs d ❑ Contract Purchaser(if other than 1"_Q the Applicant)-identify purchaser and purchaser's service providers Elpurchaser other pending or proposed purchaser of the subject property (identify purchaser(s)and [y purchaser's service providers) Construction Contractors m 3,3 r / Engineers/Surveyors/Agents � �� Financing(include current thCG ! mortgage holders and lenders L 1 selected or being considered toqty K 3pD� oD provide financing for acquisition or construction of the property) Tai(\‘-i-i G pJp El Fa/ Legal Services ❑ / Real EstateBrokers/ Agents/Realtors Agentts/Re/Realtors fonr current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO / Does an official or employee of the City of Virginia Beach have ❑ ��v,/ 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 Ralph J. & Debbie Nahra Agenda Item 13 Page 14 Disclosure Statement 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 Appli tion. IL A PLICA 'S IGN�T PRINT NAME DATE Page 5 of 7 Ralph J. & AgendaDebbie ItemNahra 13 Page 15 Disclosure Statement , OWNER , YES NO SERVICE PROVIDER(i se additfo a1 sheets if needed) 0 Rf Accounting and/or preparer of LJ your tax return , gDi�► L Architect/Landscape Architect/ G � F,r � i-• Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers IllAny other pending or proposed lyi purchaser of the subject property (identify purchaser(s)and purchaser's service providers) El, L" 'i Construction Contractors LEngineers/Surveyors/Agentss��•j Financing (include current L mortgage holders and lenders P. selected or being considered to provide financing for acquisition , c. / or construction of the property) ❑ rE Legal Services Real Estate Brokers/ n Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO - Does an official or employee of the City of Virginia Beach have d an interest in the subject land or any proposed development Fl 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 Ralph J. & Debbie Nahra Agenda Item 13 Page 16 Disclosure Statement °"" CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this App" ation. 2TuR/ 101 i92•yW is / /# / 3 14 PROPERT OWNk SIGE PRINT NAME DATE Page 7 of 7 Ralph J. & Debbie Nahra Agenda Item 13 Page 17 Item#13 Ralph J. Nahra Conditional Use Permit Motor Vehicle Sales& Rentals Automotive Repair Establishment 1017 Aragona Boulevard District 4 Bayside August 10, 2016 REGULAR Jan Rucinski:the net item on the agenda is item 13, Ralph J. Nahra. An application for a Conditional Use Permit(motor vehicles sales and rentals,automobile repair establishment)on property located at 1017 Aragona Boulevard, District 4, Bayside. Jeff Hodgson: Good afternoon Jan Rucinski: Can you state your name for the record please? Ralph Nahra: Yes. Mr. Chairman. I'm Ralph Nahra. I live at 3720 Redwood Farm,Virginia Beach. I have been a Virginia Beach resident for 52 years. All of my five children went to Virginia Beach Public Schools, now fully in attendance at Princess Anne High School. I own the subject property for about 38 years. I bought it from Phillips Petroleum. We had a pizza sub shop there when my children were little, 7-Eleven was across the street, and they came to me and offered me a lease for 35 years,which I accepted. When the lease was over,34 years,they bought the property across the street because I didn't have gas. They wanted gas. And the building has been vacant for about a year,even though they'vee been paying off the lease. I received many calls on that property. The owner of Trucks-R-Us is the perspective tenant. His name is Mr. Rick White. He used to rent from my family as Rosemont Auto Sales on 84 South Rosemont Road. He is being asked to leave his place on Witchduck and Cleveland Street because the City is widening the road and they are looking for a place for him to move too. There hasn't been an attempt to replace, and he likes this place because his customer base would be close to him. He sells about 12—15 SUVs,Jeeps. His name is misleading. It's Trucks-R-Us but it is really Jeeps that he sells. And they are pre-certified, high end vehicles. I've known him for over 20 years,over 30 years. The other point that I would like to make is I have met with the leaders of the adjoining civic league presidents.The Aragona Civic League, Ms. Lorraine Sanko,the Haygood Point Civic League, Lay Smith, and Governor Square, Mr.John Eason and Al Wallace. We've had several discussions and attended their meetings and they are very supportive,even this morning, I have very wonderful letter in support from Ms. Lorraine Sanko, speaking on behalf of the civic leagues. They are all happy with our plans and I did have,thanks to the City and their guidance and support, I had Mr. Clay Massey of Massey Engineering and Mr. Greg Frech,who is an architect help us. But it is the 7-Eleven building that is what we are using. We are allowing one door and one side, not visible from the street. It will be a one door garage. We will be able to do maintenance on the cars that he sells. And basically, I think it is a good use. I recommend its approval.And I thank you. Jeff Hodgson: Thank you sir. Are there any questions for Mr. Nahra? Thank you for your time. Item#13 Ralph J. Nahra Page 2 Jan Rucinski: We have one speaker in opposition and that is Patricia Kaplan. Jeff Hodgson: Good afternoon. Jan Rucinski: If you could please state your name for the record? Patricia Kaplan: Hi, my name is Patricia Kaplan. Jan Rucinksi:You can move that microphone if you want to make it easier for you. Patricia Kaplan: Okay. I really didn't expect to talk. I saw this and the next door neighbor sent an email and I thought a bunch of people could come and I'm the only one. So, I just wanted to say a few things. I've been here all day. I didn't expect that either or to be on television. I know you were saying you lived in the neighborhood. I live in Ridgely Manor so we're pretty close,the 7-Eleven,the high school, and then Ridgely Manor. So,you had said something about you can't really expect much more to be there, something to that fact. Not expecting that you would have a low expectation for anybody that would be there. Also,very little bit of traffic on that. A lot of people go down hit I-64 from Independence and there is going to be the Outlet Mall further down but people are still going to go down that way. The pictures look much better than what it looks like now. But there are cars and cars and just another car place. Three cars or even four in the lot, and also Trucks-R-Us is just, I just don't like the name of Trucks-R-Us. So,that is my opinion. Jeff Hodgson: Are there any questions for Ms. Kaplan? Mr. Redmond. Dave Redmond: When you stood up, I thought,she has been sitting here all day long. Sorry you had to do that. Patricia Kaplan: I didn't even eat anything. Dave Redmond: I'm sorry you had to do that and I appreciate the fact that you did. My point about the property is that it is a very small piece of property and it is very constrained. It is only 20,000 square feet. It is less than 1/2 an acre. You can't get around any side of the building because there is a building behind it. It is very much hemmed in on that corner. There is just not that much you can put there. He is going to retain the building because if you knock the building down,you have to knock the building down behind it,and that is a giant amount of money in order to do that, and you have to completely rebuild the site,which is completely uncertain what he has to do. There is very limited amount of things you can do with that building. It is a very small footprint and it is a very small parking lot. I've counted the number of parking spaces that are on the plan but it is not restaurant oriented.You could do a carry out place or something like that, but it is a real small and limited number that you can put on that site. With that said, I agree with you entirety. I struggled with this and I've talked with Ms. Smith about it and you're talking about a lot of automotive uses on one corner. I'm extremely familiar with it Ridgely manor,Thoroughgood. And we travel up and down this corridor all the time. I get my haircut next door. But you got the auto right next door to it. You got auto service dealer caddy corner to it and you got 7-Eleven with fuel pumps across from it. I understand that and I struggled with it over the course of a couple of weeks that I've known about the application and studied it and looked at various things about it.There are just a very small number of uses that can go into a building that small on that small of Item#13 Ralph J. Nahra Page 3 a site that doesn't have much access to it. In my view this morning,which I'll end up repeating later is that there are certain improvements that might make the property truly beneficial. Nobody likes that old non-conforming sign that is hovering that is just a piece of a metal frame. The facade of the building as you know is hollowed out and all you see is that scaffolding that is actually behind where the sign was. All of those things are going to be improved. For a number of little wrinkles that Staff put into that application that will substantially improve that and they didn't have to require that the signage be channeled letters. Channeled letters raise a high quality of signs that you find in a lot of places, landscaping, I think it is very good.So there are a bunch of improvements. I don't like automotive there either, and that troubles me too. I'm up and down that corridor virtually every day but that is ultimately one of the few uses that would be possible there,and probably the lowest intensity use. It is not going to get a lot of cars coming and going so for those immediate neighbors who are in there don't know that is probably a better outcome than if you had a whole bunch of cars streaming through it. That would be my point. Patricia Kaplan: Also,that turn,you go through the light and they can't close that? Dave Redmond: They could. Our Traffic Engineer who was there this morning and I don't think he is here. Mr. Lowman? Rick Lowman: Yes. Dave Redmond: Mr. Lowman is the Traffic Engineer with the City,and he is someone we looked to this morning. I asked him a question if he was comfortable about that. He is.That was the question that I had. If you can consult him, I am sure he could address that as well. I am comfortable with it if he is comfortable about it because he knows it and I don't. So, I make it an effort not to try to speak with great fondness on things that I don't know as well and we look towards expertise around here to tell us these sorts of things. That is my question. When I went and looked at it I questioned myself but I'm comfortable with that use will be such a low impact that wouldn't be the case. I understand too there is traffic coming to and from Bayside High School so,all of those things I think are part of the stew here that they are looking at. I think it balances and the benefits outweigh any of the potential detriments. Jeff Hodgson: Ms. Kaplan,one thing that Mr. Redmond didn't say and I didn't expect he would but he is an expert of what could and could not go there. He is in commercial real estate so when he made his comment this morning, he knows exactly what would move into a spot like that or not. We listen to his voice on that matter, I've listened to Dave, I've listened to Rick on what could and could not go there. Dave Redmond:That is the reflection on the limitations on the site itself. It is as small site. It is hard to work with. Patricia Kaplan: I just want to tell that I'm grateful that I'm able to talk to everybody here. Jeff Hodgson: We're pretty nice aren't we? Dave Redmond: And we appreciate you waiting all day to say your peace too. Patricia Kaplan: Okay. Thank you very much. Item#13 Ralph J. Nahra Page 4 Jeff Hodgson: Are there any other questions for Ms. Kaplan? Thank you ma'am. Jan Rucinski:There are no other speakers. Jeff Hodgson: Alright.Would you like to come back and say anything? Ralph Nahra: I just want to thank her for her comments. Jeff Hodgson: Thank you. We will close the public hearing and open it up for discussion. Would you like to start Mr. Redmond? Dave Redmond: Sure. I don't have to repeat what I just said. Mr. Chairman, I move approval of the application. David Weiner: I'll second it. Jeff Hodgson: A motion made by Commissioner Redmond and seconded by Commissioner Weiner. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commissioner has approved the application of Ralph J. Nahra. <,,,,5 \..?iL . fir ---'. '� •--.., 4111114: , 7 ../.. ....,. ff 1 - 04p.)./,..:t: Call ,.. ----,,,,z,„-: '- 40.,,,,r,401,-.,,,,....r.,., ,s, . 44,411. .,....11,1,,,,-,-4,4610.ii, , . . _ . ,i, . , ~ CF . ir ..,.......___--y____ iritt, , 0 . i- ,iii s r..,... :.,,*„, ,,,fl-z..„....,...„..,,_. 1, ,,,:,7,,,,,,, O . I• 'k''''''' ' - t ,./...___ ,,,.„,_ -_,...... ''''_,„7:1:„..,,,,,,i; _ -..,,,:„.:.. „,,_..„,,.. 7 4_, , ,<Ic, _ ____,......„ .......„ t)41,.., . 4' i-m......._ , 11 Iiiii* fist:.ri ' rr� 1 r t 1111,...... .2,...",,--;!-- Jr...--"--k--...? 1 ,-.7 .1 1,,,, Lr PI°-72 W. 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WALMART STORES, INC. 3216 [Applicant] LAKE GEM II, LLC & WALMART REAL ESTATE BUSINESS ETC. [Property Owners] Conditional Use Permit (Bulk Storage Yard). 1149 & 1169 Nimmo Parkway (GPINs 2414261130, 2414256765). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: September 20, 2016 • Background: Several Conditional Use Permits have been approved in conjunction with the subject Walmart located along Nimmo Parkway. In 2000, a Conditional Use Permit was approved for an Automobile Service Establishment, and in 2003, a Conditional Use Permit was approved for the bulk storage in the parking area for the placement of pallets, recyclable cardboard materials, and seasonal merchandise. Most recently, in 2008, a modification to the Conditional Use Permit for the Automobile Service Establishment was approved, which allowed the storage of tires on the site within an enclosure. This request is for a Conditional Use Permit for a Bulk Storage Yard for the Walmart to place storage containers on the adjacent parcel. A deviation to the required Category VI screening (a six-foot solid fence with evergreen plants) around the perimeter of the bulk storage yard is requested. • Considerations: The bulk storage yard is proposed in the loading dock area, which has been the location for the temporary storage of tractor-trailers and other items over the years. The large loading dock area provides ample space to ensure that the storage containers will be located outside of all easements on the property. The location of the storage area is specifically limited in the conditions to the location depicted on the submitted exhibit. As this area of the site is bordered by 20-foot tall mature evergreen plants, the storage area will be screened from view from Newstead Drive, thereby not visually impacting the adjacent properties. Based on this, a deviation to the Category VI screening is recommended for approval. This deviation can be set by the City Council with its approval of this Conditional Use Permit application. Per Section 107(i) of the Zoning Ordinance, "City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations" from certain dimensional requirements, including landscaping requirements. Based on the rationale for the deviation, Staff concludes that there is good cause shown and that there will be no significant detrimental effects on surrounding properties as a result of the deviation. The location of these containers is limited to the Walmart Stores, Inc. 3216 Page 2 of 3 areas depicted on the submitted site layout exhibit and cannot be placed within any easements. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. Staff is not aware of any opposition to this request. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0 with the addition of conditions (#7 & #8 below) that limit: the number of containers to 20, the time frame that the containers can be on the site (September 15th through January 15th), and the period of the Conditional Use Permit to two years from the date of adoption by City Council. 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau, the storage containers shall be located as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The number of storage containers on the site shall not exceed 20 and said containers shall only be permitted on the site September 15th through January 15th. 8. This Conditional Use Permit for Bulk Storage for up to 20 storaqe containers shall expire two years from the date of City Council's approval. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Walmart Stores, Inc. 3216 Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departure ency: Planning Department AISICt-- City Manager 04•11103 Applicant Walmart Stores, Inc. 3216 Agenda Item Property Owners Lake Gem II, LLC & Walmart Real Estate Business, Etc. city./ Public Hearing August 10, 2016 Virginia Beach city Council Election District Princess Anne Request ,� t "° Conditional Use Permit (Bulk Storage Yard) F o % 0rye b t r Y. 8 1 2 A r o , 4° =mac ° :a %. 01.5' . 8''',0 or + r.Staff Planner ! GreyFowl+,p P s �'a a e Jonathan Sanders o " a' a h sfi = I Location , ` e 1149 & 1169 Nimmo Parkway H,Gaebe,N l'''' C2 �Oha ryo�p Le s` Dde GPINs �� P4,-,t �¢ a, Is Y err[+ne 2414261130, 2414256765 a° '' o e Site Size o�� ° o„�a�3 H*+r 0,0 34.2 acres ,..4' 4,- a c,3 r r P o'44+°'dogCO AICUZ + P`ve ,°� °�waY°� .,t(, W 65-70 dB DNL; Sub-Area 2 4 Existing Land Use and Zoning District r w� " ' 4'''' 'A a�, Retail Store/ B-2 Community Business ,,"`t"N,1 0; v _. " •y �. a , fro Surrounding Land Uses and Zoning Districts t ie m 0 North ' ' T" - -. r , `§', ''oa '0 r Restaurants/ B-2 Community Business ,.'+!ti ,a ` � )y o South q'. � .�. � 4 �� Retail/ B-2 Community Business Mr �' fit .4-..- ..c) East '""' " '�' i Mixed Retail/ B-2 Community Business .o . o" / Westt v �.t } Newstead Drive `9, • ift , ,,-- , Single-Family Dwellings/ R-20 Residential ��',. , 410 o? a ` of I , - Walmart Stores, Inc. 3216 Agenda Item 6 Page 1 Background and Summary of Proposal • On December 5, 2000, a Conditional Use Permit was approved for an Automobile Service Establishment on the site. On August 5, 2003, a Conditional Use Permit was approved for a Bulk Storage Yard to store pallets, recyclable cardboard materials, and seasonal merchandise in the parking area. A Modification to the Conditions of the Use Permit was approved on August 12, 2008. • The applicant proposes to place storage containers on an adjacent property to the westfor the purpose of storing merchandise. The number of storage containers will be limited to what can be accommodated in the designated area. • The adjacent property, zoned B-2 Community Business District, is part of the same commercial retail center as the subject property.The applicant has reached an agreement with the owner of the adjacent parcel to allow the placement of the storage containers on that site. • The storage containers will be placed outside of all easements existing on the property. • The storage containers are sufficiently screened from any right-of-way by an existing, mature stand of large evergreen shrubs. •` 1 Jr 0 451 4_r� fir• +O ®�©�l ® Zoning History 3 i, A+i ® .a4��`.. # Request T'r 4_ ,/ per Qi 1 MOD Approved 08/12/2008 ' �`"'ay oc CUP(Bulk Storage for Pallets, Recyclable Cardboard I '` , JQ Materials and Seasonal Sales)Approved 08/05/2003 RZa ti CUP(Automobile Service Establishment)Approved r '73 'I*:--7 12/05/2000 `\ /r � ; _ i 2 MOD Approved 05/13/2010 18, CUP(Seasonal Outdoor"Green" Market)Approved `b. j� 410, V, 05/26/2009 3 MOD(of Conditions)Approved 11/27/2007 \,,,,:x..2 .. i . ., ,,, *//1"/ • Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and Walmart Stores, Inc. 3216 Agenda Item 6 Page 2 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. (Sec. 1.3, pp. 3—10) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural resources or cultural features associated with the site. The proposed bulk storage units are located over existing impervious surfaces. Traffic Impacts Nimmo Parkway 22,990 ADT 1 17,300 ADT i(LOS a"C") Existing Land Use a_22,990 ADT 31,700 ADT (LOS "E") Proposed Land Use 22,990 ADT 1 Average Daily Trips 2 as defined by 34.2 acres of 3 no change anticipated with the °LOS=Level of Service B-2 Business zoning addition of storage trailers Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Nimmo Parkway in the vicinity of this application is considered a four-lane divided major urban arterial. The existing infrastructure currently resides in a 120-foot right-of-way. The MTP proposes a four-lane facility within a 110-foot right- of-way. There are no roadway CIP projects slated for this area. Public Utility Impacts Water and Sewer The site is already connected to both City water and sanitary sewer service. Evaluation and Recommendation The applicant has reached an agreement with the owner of the adjacent parcel to allow the placement of the storage containers on that site. Staff recommends conditions that requires the storage containers to be placed outside of all easements on the property and in a location that deemed acceptable by the Fire Prevention Bureau. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping,which includes a solid fence, not less than six feet in height,with plants along the exterior of the fence. The submitted site survey shows no fencing surrounding the bulk storage area.The applicant is requesting that this deficiency be addressed through the provisions of Section 221(i)of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation in this requirement will not adversely impact the adjacent properties, particularly given that the existing loading area adjacent to the area being used for storage is heavily screened by 20-foot tall mature plants along Newstead Drive. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Walmart Stores, Inc. 3216 Agenda Item 6 Page 3 Recommended Conditions 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau,the storage containers shall be located as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage,the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The storage containers shall be limited to 20 and are allowed on site from September 15 to January 15. 8. This Conditional Use Permit is only valid for two years from the date of its approval by the City Council. 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. Walmart Stores, Inc. 3216 Agenda Item 6 Page 4 Proposed Site Layout : 7 0 g o "%1116• ,:zz:, 11q/igr U I 0 v; i' c )) °0 r.„.„.• - ' � Q V Easements J - '�.. 13In�opos np Irl • ala en UIk 5 '1v ( 4iNa lora,,,,, 0 / 244 . . '----:-."4 /*/ ' f/ /:,,, --..--.._ /I , „ ' / -1 --,,,7 „I/ sl •-•''''ir I , if Walmart Stores, Inc. 3216 Agenda Item 6 Page 5 Site Photos J — I PIP , Walmart Stores, Inc. 3216 Agenda Item 6 Page 6 Disclosure Statement *NB r';;n,ia Rr:ua, APPLICANT'S NAME Walmart Stores Inc Walmart Store# 59.10 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City I 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 V Conditional Use Permit License Agreement ! Wetlands Board The disclosures contained i„ the • i ,; ;„ inform public officials who may vote on ,t, hether they have a conflict of irntt F,_ ,,; aw SECTION 1 / APPLICANT DISCLOSURE Pagel of 7 O --- 1._vi �/i(; J S ,14nathan Sanders (27 Walmart Stores, Inc. 3216 Agenda Item 6 Page 7 Disclosure Statement Vi ginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. aCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: r f- 1"c Su' 4 2 I If an LLC, list all member's names: bbl Ik�� rf )tC e.� Ing _ 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. ID 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: 11AL,/rY14-r L&) S C..)c L;.'-i+)r .) Tr If an LLC, list the member's names: In le? Page 2 of 7 Walmart Stores, Inc. 3216 Agenda Item 6 Page 8 Disclosure Statement cv„A Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) vnr(1- j1v(t.-; InC JU1 ‘,Vr)ei� {rr. ( j Yc-i1 L /c-Iii)(\r"f, cviti16-7 4 J / 1 3G)<' lit mLfr ) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Walmart Stores, Inc. 3216 Agenda Item 6 Page 9 Disclosure Statement #3216 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) C Accounting and/or preparer of Earnst&Young, your tax return London,United Kingdom Cx E Architect/Landscape Architect/ Boice-Raidl-Rhea, Land Planner Merriam,KS Contract Purchaser(if other than Walmart Facilities Management, I5i the Applicant)-identify purchaser Bentonville,AR and purchaser's service providers Any other pending or proposed No plans for disposition El E/ purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) ® El Construction Contractors Miller Building Corp.,Wilmington,NC an Engineers/Surveyors/Agents N/A Financing(include current We hold no mortgages. a ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Jn Legal Services Walmart Legal,Bentonville,AR Real Estate Brokers/ Walmart Realty,Bentonville,AR z C 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 n n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? NCC t4L7� 1I ij f°vV‘ 4L�- 17C' r�� 1,�1.-lt>'1er 11- IL r� �. I , v� LL 11< I ke Cif �c -c.J 1eii vvl �li \CSC: 11,1(:1\\I },; Le cle'kriTlyz, Page 4 of 7 Walmart Stores, Inc. 3216 Agenda Item 6 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. azaS:=.) Dennis Laughlin. Realty MgrIr� l�,_ APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Walmart Stores, Inc. 3216 Agenda Item 6 Page 11 Disclosure Statement #3216 \IS PROPERTY OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n Accounting and/or preparer of Earnst&Young, your tax return London,United Kingdom ❑ Architect/Landscape Architect/ Boice-Raidl-Rhea, Land Planner Merriam,KS Contract Purchaser(if other than Walmart Facilities Management, the Applicant)-identify purchaser Bentonville,AR and purchaser's service providers Any other pending or proposed No plans for disposition L ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 1 ❑ Construction Contractors Miller Building Corp.,Wilmington,NC 111 Engineers/Surveyors/Agents N/A Financing(include current We hold no mortgages. ▪ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® E Legal Services Walmart Legal,Bentonville,AR Real Estate Brokers/ Walmart Realty,Bentonville,AR E 0 Agents/Realtors for current and anticipated future sales of the subject property 4 a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ H 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? r eIuN) ffurr b'�/C,�h�ar � �'���INr� r} SiOre:,, (nC IS o� Publicly kdd CoreocJiron wi�'�, ioo ►v+rkry Shares -z, Le eciri , Page 0 f 7 Walmart Stores, Inc. 3216 Agenda Item 6 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this I)isclosute 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. iC Dennis Laughlin. Realty Mgr 1 5 1If PROPERTY OWNER'S SIGNATURE PRIN1 NAMI DATE Please see stock.walmart.com for 10-K and other information. Page 7 of 7 Walmart Stores, Inc. 3216 Agenda Item 6 Page 13 Disclosure Statement Delegation of Signature Authority I.Caroline Clarke.Vice President of Wal-Mart Stores. Inc Wal-Mart Real Estate=Business Trust.Wal- Mart TRS. LLC,Wal-Mart Realty Company Wal-Mart Property Co;Wal-Mart Stores Arkansas, LLC,Wal- Mart Stores Texas LLC,Wal-Mart Stores East, LP,Wal-Mart Louisiana. LLC.WSE Management. LLC; Wal-Mart Stores East LLC Sam's Real Estate Business Trust Sam's TRS,LLC, Sam's East.Inc Sam's West Inc, Sam's Property Co,Sam's PW,Inc.Wal-Mart Puerto Rico,Inc:Wal-Mart com USA.LLC. and North Arkansas Wholesale Co Inc (hereinafter collectively referred to as the Company"),hereby delegate to Sr Director, Realty Management Sr Manager II,Realty Management Sr Mana•-r Realty Management-Lease Administration • -nager Management Realty Manager - - ':nager the authority to sign the documents set forth in Exhibit A,attached hereto and incorporated herein,on behalf of the Company in their respective capacity for the Company This delegation shall supersede and revoke any signature previously given to those in the above as of the date set forth below Ail acts and transactions of individuals in the positions above which were taken or made in good faith and prior to the formal delegation of authority to such position that are consistent with this delegation are hereby ratified and approved Caroline Clarke Vice President � Subscribed and sworn before me on this /,5 day of'S4"r^,•r� 2016 Notary Public -- Notary Seal UrEICIAL SEAL ?•IORMA K.MASSINGILI RENTON COUNTY t�U7ARV 9JRLIC ARKANSAS E"GMh1iS;iGN EXP. A?R'',.83.7078 �ti53 Page 1 of 3 Walmart Stores, Inc. 3216 Agenda Item 6 Page 14 Disclosure Statement Exhibit A All signing authority contained herein must be done in compliance with Walmart Realty Division Corporate Governance. Sr.Director,Realty Management 1. Any documents related to the day-to-day disposition of the Company's tangible and intangible real estate interests as such are approved by the Walmart Realty Deal Committee,Walmart Realty Finance Committee,Walmart Realty Committee or such other committee as may be developed in the future(collectively,"Committees"). 2. Any documents for transactions approved by the Committees,or transactions related to a substitution or sale lease back. 3. Any document related to the day-to-day management of the Company's real estate interests but always subject to approval of the Committees if such document falls within the Committee's scope of authority. 4. Any short-term contracts for services to be performed,including,but not limited to surveys and Phase I reports. 5. Short-term(merchandise and remodel)warehouse leases for terms of up to and including two years where the yearly leasehold commitment is not greater than$250,000. 6 Agreements related to the end of a lease term regarding the condition of the building,etc. 7 Deeds which are required by pre-existing agreements to grant the property and/or condemnation situations,etc. 8. Temporary office leases for terms of up to and including two years where the total leasehold commitment is not greater than$100,000. 9. Settlements of asserted claims up to an amount commensurate with amount of the delegated invoice approval authority as long as such claims have not become a lawsuit or arbitration. 10. Vestibule leases,renewals,terminations and similar documents approved by the In-Store Lease Committees or such other committee as may be developed in the future(the"ILC") 11 Lease Addendum/Attachment A assigning locations approved by the ILC 12 Subordination agreements,amendments and such other documents as necessary to administer the vestibule leases. 13. ECR Amendments. 14. Storage Rental Agreements with storage container or storage trailer suppliers. 15. Any documents that may be signed by positions reporting up to this position. Sr.Manager II.Realty Management Sr.Manager,Realty Management—Lease Administration 1. SNDA and Estoppel documents 2. Lease Amendments to set the term,square footage 3. Short Form Memorandum 4 Lease Addendum/Attachment A assigning locations 5. Utility Easements 6. Short-term(merchandise and remodel)warehouse leases for terms of up to and including one year where the yearly leasehold commitment is not greater than$100,000. 7 License Agreements 8. Easements/Right of Entry Agreements 9. ECR Amendments approving variations(i.e.,height and building size,signage) 10. Standard closing documents(i.e.owner's affidavits,non-foreign status affidavits,etc.) 11. Any affidavits,permits,applications or other similar documents that generally pertain to day-to- day business operations. 12 Any short-term contracts for services to be performed,including,but not limited to surveys and Phase I reports Page2of3 Walmart Stores, Inc. 3216 Agenda Item 6 Page 15 Disclosure Statement 13 Any other documents for transactions that(a)have been approved by the Committees_or relate to sale leaseback substitution transactions and(hi which are part of the closing process but which are not to be recorded, including but not limited to settlement statements and acknowledgements of a 1031 exchange 14 Any documents that may be signed by positions reporting up to these p:,sitions Sr.Manager I,Realty Management 1 SNDA and Estoppel documents 2 Right of Entry Agreements 3 Any short-term contracts for services to be performed in furtherance of a real estate transaction nciuding but not limited to surveys and Phase I reports as long as the cost of such services do not exceed the lesser of$10.000 DD or the invoice approval limit for the individual 4 Any other documents for transactions that(a)have been approved by the Committees.or relate to sale leaseback substitution transactions and(b)which are part of the closing process but which are not to be recorded,including.but not limited to settlement statements and acknowledgements of a 1031 exchange 5. License Agreements with thirty(30)day termination clause 6 Any affidavits.permits,applications or other similar documents that generally pertain to day-to- day business operations 7 Letters approving variations to building size he grit.use or other related action 8 Any documents that may be signed by positions reporting up to this position Realty Manager 1 License Agreements with thirty(30)day termination clause 2 Any affidavits permits.applications or other similar documents trial generally aerial o day-to- day business operations 3 Letters approving variations to building size.height.use or other related action Sr.Asset Manager Lease Addendum/Attachment A assigning locations approved by the ILC: Page 3 of 3 Walmart Stores, Inc. 3216 Agenda Item 6 Page 16 Disclosure Statement 1/3 Virginia Reach n Check here if the APPLICANT IS NOT a corporation. partnership, firm, business.or other unincorporated organization CCheck here it the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. ./ Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Roperty Owner's name: 1-414-E GEtA Tr,r,-I-c- If an LLC, list the member's names:CvE*A SAwbara,oGE 0.-.c.: JOHN L• GiQco.J,$ ; Aou•J#, G. P AtMIL..0..); pov6.-SIS 0. eL...,S ; $Avs41 A. fft^[..,.•r; hici it, tv..r(p7(v` i.AlceJ r ( GauJP L,..c: F'R,( t. M..Ocrzto••.) ; NAava,.,t, ...11.91 Page of ! F. 2F111v/k, Walmart Stores, Inc. 3216 Agenda Item 6 Page 17 Disclosure Statement W-,j Virginia Rearh 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) Ser AT.Kr_vi-,6- 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 Sate 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 Sate and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. c --_..._..__.____."'-- ___ 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 Rooerty. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIt-1-EHB'IT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Walmart Stores, Inc. 3216 Agenda Item 6 Page 18 Disclosure Statement NB OWNER Virginia heath YES' NO SERVICE PROVIDER owadd,t,ohai sheets,i ri ePded) r1 I JI Accounting and/or preparer of �� 11 your tax return II ral I Architect/ Landscape Architect / 1 . Land Planner -H i Contract Purchaser Of other than i j the Aoolicant)—identify purchaser and purchaser's service providers Any other pending or proposed rj I i) purchaser of the subject property It �I LJ (identify purchasers)and purchaser's service providers) I II Construction Contractors 1 n3 Engineers/ Surveyors/ Agents i Financing (include current El I I mortgage holders and lenders SuN u�P� , tfvR selected or being considered to provide financing for acquisition Co, d - t •1-4.1 4-06 or construction of the properly) n Legal Services Real Estate Brokers/ 1 lC Agents/Realtors for current and I; ConrrRc.4. /tom trit'�+Tr u J anticipated future sales of the f,n21.c./3 sub ect .ro.ert i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO/ 1 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? 1:21 If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Walmart Stores, Inc. 3216 Agenda Item 6 Page 19 Disclosure Statement "W Virginia Reach CERTIFICATION: i _ �I I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been !scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. S cc ft Lr1.4..J - PROPERTY OWNER'S 9GNATURE PINT NAME DATE LA 14C C.EY 1 a LL.C 3Y C.Evl s ,:,ac,C ,L.L.C_ Iry 3►1440 & C.,1ftsuN yi, MA ' Az.c' Ir 1(, t37 '----.- (---..--„' - �.R•C C. An✓)eKf r.)i Ml hry M'C L. - 7 - '! •-- lb 7 of 7 Walmart Stores, Inc. 3216 Agenda Item 6 Page 20 Disclosure Statement LAKE GEM,LLC GEM SANDBRIDGE,LLC LAKESIDE GROUP,LLC LAKE GEM II,LLC GEM SANDBRIDGE,LLC LAKESIDE GROUP,LLC LAKE GEM 01,LLC GEM SANDBRIDGE Dl,LLC LAKESIDE GROUP,LLC LAKE GEM D8,LLC GEM SANDBRIDGE D8,LLC LAKESIDE GROUP 08,LLC LAKE GEM D8A,LLC GEM SANDBRIDGE 08,LLC LAKESIDE GROUP D8,LLC LAKE GEM H,LIC GEM SANDBRIDGE H,LLC LAKESIDE GROUP III,LLC LAKESIDE/SWINSON NOTE,LLC GEM SANDBRIDGE WALK,LLC LAKESIDE WALK,LLC LAKE GEM APARTMENTS,LLC GEM SANDBRIDGE APARTMENTS,LLC LAKESIDE GROUP 11,LLC Walmart Stores, Inc. 3216 Agenda Item 6 Page 21 Item#6 Walmart Stores, Inc.#3216 Conditional Use Permit Bulk Storage Yard 1149& 1169 Nimmo Parkway District 7 Princess Anne August 10,2016 REGULAR Jeff Hodgson: Now, I will ask the Secretary to please call, I think we have six items to hear, if you would please call the first item? Jan Rucinski: Sure. The first item is item 6,Walmart Stores, Inc.#3216. It's an application for a Conditional Use Permit(bulk storage yard)on property located at 1149& 1169 Nimmo Parkway, District 7, Princess Anne. Would a representative please come forward? Melissa Conway: Hello, how are you? Jeff Hodgson: Good afternoon. Jan Rucinski: Please make sure you state your name for the record. Melissa Conway: Yes. I'm Melissa Conway. I'm the store manager at Nimmo Parkway Walmart. Jan Rucinski: Can you explain your application? Melissa Conway: I can. So,during the holidays,we receive an over anabundance of merchandise and our backrooms in our facility aren't large enough to house all the merchandise that we receive for events like the Thanksgiving Day sales,the day after Thanksgiving,to held merchandise that they send out to build up for the holidays. And so,what we are asking is that we utilize the bulk storage containers to store that merchandise and we're asking for it to be temporary,September through January,and then the storage containers are picked up from the people that we rent them from. Jeff Hodgson: Does anyone have any questions for Ms. Conway? Mr. Redmond. Dave Redmond: How big is that store? Melissa Conway: 202,000 square feet. Bob Thornton: Just this one question. Is this the first time you've used this method of storing? Melissa Conway: It is not. So, I have been at this facility for almost five years, and we've always used the storage containers. This is just the first year that it has been a problem for us to use the storage containers. We're not really sure why because they are temporary. We have them dropped off. We maintain them. We don't block any easements,so this is the first year where it has been a problem. We Item#6 Walmart Stores, Inc. #3216 Page 2 were cited last year which has caused us to have to. We didn't know we had to fill out the application and go through the process of filing for it to be taken care of. Bob Thornton:So,they are there for what three or four months? Melissa Conway: For four months,September,October, and November. Normally in December they are picked up at the end of December,the beginning of January. Jeff Hodgson: How many containers will you have? Melissa Conway: I will have 20 containers. Jeff Hodgson: Is that noted. Melissa Conway: I don't think it was noted. It was not noted under the report. There are 20 storage containers and they are 40-feet long so when they are placed back there,they are placed back to back, so that it makes one nice little square shape,so that we only take up that small portion of the property. Jeff Hodgson: That is quite a bit of square footage if you took,what are they 8-foot wide by 40-foot long? That is 320 square feet times 20. Melissa Conway: If you look at the suggested location on there and on the application, both that designated location that is on there,that was actually in the contract when the shopping center was built, and for us to be able to use that for storage container. If you look also off to the side of that metal thing that is on here,there is actually another enclosure that we have that houses all of our palletes and stuff that we don't use,and so; it sounds like a lot but, I promise there is a ton of room out there. We have the entire shopping center that is connected to us. The back of that is where Dollar Tree and Kay's Jewelers and Verizon,they also have parking and stuff that is over there,and they have their dumpsters and stuff off to the side. There really is a lot of space over there. Jeff Hodgson: Ms. Oliver. Dee Oliver: How many years have you operated with containers on site? Melissa Conway: I've been at that facility for almost five years, and it has happened every year. Dee Oliver:So,you have it all the time? Jeff Hodgson: Have you always had 20? Melissa Conway: Sometimes it is less. It may be less this year as well. We're given a quota from our home office on what we're allowed to have back there as far as what they will allow us to have for storage purposes. Last year I actually had a total of 26 and I think this year they cut that back to 20. Jeff Hodgson: Ms. Rucinski. Item#6 Walmart Stores, Inc. #3216 Page 3 Jan Rucinski: Would you be opposed to the conditions being changed? It doesn't say anything in the conditions that about how many there will be. It doesn't give that kind of detail in the conditions. Melissa Conway: No, I'm not opposed to that. The only question that I would have is so if would we change that to have fewer storage containers? Or would that be something.Would I have to put that in there as far as how many I would need and you guys would have to approve that? Jeff Hodgson:You just mentioned 20. Melissa Conway: Right. 20, is what I need. Jeff Hodgson: Mr. Horsley. Don Horsley: Now what we would do is that you can have up to that number if we decided to go that route,and we put a time limit on it what would have to be. In other words,we don't want you storing containers there all the time. Melissa Conway: Our Company doesn't want us to do that either. Don Horsley: It appears to me that it is an executive business decision of Walmart that it has to make. This is an ongoing thing every year, and you would think they would approach to enlarging their warehouse facilities there in some manner. Melissa Conway: It is tough because in my particular situation, I am connected to Red Mill Shopping Center. The only property that I actually own is what is directly around the perimeter of my building. Because we have even talked about doing some type of some expansion of that but I don't own the property to be able to do that. Don Horsley: I don't know about the rest of the Commission but I'm not a big fan of putting storage containers along times on retail properties. I don't think it is a good policy. We are very particular about when we add storage containers at a church,and we ask for it to be well screened,and I think Mr. Ripley brought it up this morning, he was very particular about that, and we put time limits on them. If it is going to be an ongoing thing, it looks like the business has outgrown itself and it needs to find a space to put containers. Maybe they can find a space by enlarging the warehouse space. I guess I can go along with it for a period of time as long as it is,and I noticed that it did say, but you didn't state numbers. Melissa Conway: It is temporary. If you look at the amount of volume that my particular location will do just through those couple of months, in order for us to meet the supply and demand and to be able to take care of the customers.Some of our product takes two weeks to get from an outside warehouse to our warehouse and then they send it to us.So it is a process and so we come to look at it we want to have the merchandise right there on the property so that after selling,we can bring it in,we can take care of the customers. If you look at when we have the Thanksgiving Day sale, and the day after,they send us hundreds of pallets that we break down and we merchandise the product to the customers to be able to sell. Bu unfortunately,we just don't have the storage space to place all of that merchandise in our back room, and that is what we used the trailers for. We want to be able to take care of our Item#6 Walmart Stores, Inc.#3216 Page 4 customers at the end of the day, and not have them to wait for the product that we're advertising in the paper that we have. What it boils down to is it is all about taking care of them. That is what the merchandise if for. Jeff Hodgson: Dr. Kwasny. Karen Kwasny: You mentioned that you've done this previously. Right? And for some reason you weren't cited. You didn't' receive any kind of citation. Melissa Conway: We did not receive any kind of citation. Karen Kwasny: I'm curious as to why and I'm not sure who to ask this question of but I am curious as what would have precipitated you being called out at this particular juncture. So,there was a lesser impact of storage containers. Melissa Conway: I can answer that. There was the Town Center location that initially received the first citing because they had trailers out in the parking lot. It was visible to the customers so Town Center was cited,then every Walmart in Virginia Beach was cited within a very short window after that. Jeff Hodgson: Mr. Inman Mike Inman: Are you aware of the areas described upon that drawing? Is that where? Melissa Conway: That is. If you look at the drawings,obviously on the larger building and the red is directly behind my building. So where it says bulk storage proposed bulk storage containers. That is behind all of the Dollar Tree,the Kay's Jewelers,Verizon,and that property is technically is owned by, I think, Lake Gem, L.L.C. Mike Inman:So you have an agreement with them? Melissa Conway: We do. Mike Inman: So,the list of conditions says that the number of storage units will be limited to what can be accommodated in the designated area. We're talking about limiting it to 20 that will be in that particular area. Is that what your understanding and agreement is? Melissa Conway: Yes sir. Ronald Ripley: Do you have to get any kind of approval from the fire department as far as the way trucks get around,as far as where you place these containers? I would think that could be an issue if a fire was to occur. Melissa Conway: We haven't. And in previous years,we had them running along the back in the red and there are a bunch of fire hydrants that run along the back of there between us and Home Depot. And we had actually blocked the fire hydrants and that was when we were cited and even at that point, we were just told,clean the trailers. You have to have so many feet around the fire hydrant to be Item#6 Walmart Stores, Inc.#3216 Page 5 acceptable. We have never even placed trailers back over in that area afterwards. Then in the recommended conditions it says,that I would have to provide, basically just a layout for the Fire Prevention Bureau showing the locations of the storage containers for them to review and approve. Jeff Hodgson: Dr. Karen Karen Kwasny: I would back up something Don and David had mentioned. It seems to me to be, not to push on the consensus, it seems to me to be a bit of a matter of inventory control, and so,there is an issue with inventory management in the sense,and the exterior element of the displays is then going to be negatively impacted,what I see is in a fairly significant way. Twenty seems rather gratuitous to me, so my thinking is more along the lines of 10, might be more manageable. Those are large containers and putting as many as you can on that site.You're right,there is a lot of room there. I drive through that park my car somewhere, and nobody will get near it,at least once a week that is where I park,so I know exactly where you're talking about. I get the sense of perhaps that over time,there are more and more units appearing on these sites, and eventually you got cited, not just because Town Center was visible, but because more and more of those units were being used. You did say that. Over time you had to add units to that and it seems to me there needs to be some significant controls put on how many of those, how long? Because we're not fans of them,we don't want to set a precedent of that kind of inventory management throughout the City on other sites. I think that is paramount. Melissa Conway: And I hear you on that. So we've done a lot of things as a company within that facility to eliminate inventory. Year after year,we will revisit the amount of trailers that we will have. So this year,we reduced by 6. I am sure that by next year, it will probably be reduced as well. There are things we can do to control our inventory. But I promise you we're good neighbors. We clean up behind our building. We have people that are specifically abided to that. We have a management company that comes out seven days a week to service my facility. They clean around back. They pick up any debris. Again, it seems accepted. A tractor trailer will hold 24 pallets of merchandise and so,for an event like Thanksgiving or anything leading up to Christmas,we'll get three trailers,double stacked of pallets that have to be worked and down stacked, and separated,so that we can get the merchandise ready for the customers to shop. Unfortunately the trailers that we drop off,we can't double stack merchandise in there because it is not tall enough to get a double stacked pallet in there. We can only hold 24 pallets in a trailer. So, I get it is excessive, but it will go down. It will go down. Jeff Hodgson: Mr. Redmond. Dave Redmond: It is not actually unusual that people are unaware that they need a Conditional Use Permit or some other sort of entitlement for this particular piece. So,guessing at that part, I'm a little bit surprised of Walmart would have had the foresight to know they would need these as a part of inventory management at stores.To have the foresight to have included them in their agreement with the landlord and not have the foresight to have investigated the public entitlement that might have been necessary to make that happen. It seems to me some sort of incomplete foresight but I suppose that is where we are. I am a little more comfortable frankly, as you've gone through this and maybe because of the limited nature of containers going on for four months. I had one issue this morning in our discussion and I will draw you attention to page 11 of the application.This is the part of the application that an applicant discloses certain relationships, architects,engineers, real estate people, lawyers,a couple of other things that are down there. And it is all checked yes, but the answers to each Item#6 Walmart Stores, Inc.#3216 Page 6 one is,well we can't disclose every entity,which we do business because we're such a big company. We're not really asking that. We're asking about this particular site, so the application in this sense, in my view anyway, is complete. It matters because we look at these things to figure out whether or not we might have some conflict of interest. Melissa Conway: Right. I was made aware of that as we were coming in,and I made a phone call because. I don't deal with any of those things directly at my location,all of that is done through home office and so,for me to tell you about accounting and preparing my taxes, I have no idea. Dave Redmond: I understand, and in fact, I am told that you probably got some conflicting information of what would have been necessary to provide. I myself, however,ever think that is very important because that is how we can judge whether or not we can discuss a paid or vote on this,so I think it is very important that if they checked out yes to everything and said we are a big company,we can't possible go through all of that. That to me is not an adequate response for public disclosures which then enables us to become a potential conflict of interests. I would like to see these filled out more specifically. I don't think it is going to require a lot of work.Somebody is going to actually do it if you were told otherwise. I think that was a mistake, but I do think that is important. I think we view this as being important going forward. Melissa Conway: I made a phone call before I came up here to try and get that information for you guys. David Redmond:Thank you. Melissa Conway: Okay. Jeff Hodgson: Is there anybody else? Mr. Horsley. Don Horsley: Kevin wants to say something. Kevin Kemp: I just want to expand a little on Commissioner Redmond's first comment on doing due diligence. The zoning history as to the staff report is not entirely clear. IN 2003,they were approved for a Conditional Use Permit for bulk storage, included in that Use Permit request was trailers, how they had it set up along that rear property line in front of the fire hydrants.That portion of that application was denied by City Council. So,they had applied for this bulk storage,that portion was denied.They were approved for bulk storage in other areas on the site for pallets.So,that wasn't entirely clear in the zoning history and I just wanted to clear that up. Jeff Hodgson: Is there anybody else? Bob Thornton: I got a quick question. What goes in these trailer pallets or do you actually put the product in these 20 trailers? Melissa Conway: It all depends what it is. With, like plastic containers,the red and green plastic that you guys see in Walmart after the holidays,that stuff we're comfortable down stacking in the trailer because you can fit more, but to protect the product,we always try to leave it on a pallet.We shrink wrap it so it is stable,so there isn't any safety hazards as well. Item#6 Walmart Stores, Inc.#3216 Page 7 Bob Thornton: So this is shipping material more than product? Melissa Conway: Oh no. It is product. So,the product comes in boxes and normally what we'll do is we'll stack the boxes stable on pallets,separate it by either by department product or whatever it is, then we shrink wrap it and we put it in the trailer unit until it is needed. Bob Thornton: Okay. Jeff Hodgson: Mr. Horsley. Don Horsley: I just got one question. You said that you keep referring to them as trailers. Are they actually trailers or just the containers? Melissa Conway: It is just a container. We've always called them trailers. Yeah. Jeff Hodgson: Anyone else. Mr. Redmond. Dave Redmond: I sorry to be beating a dead horse. So,they were denied for their Conditional Use Permit and you said in 2003? Kevin Kemp: In 2003,they applied for a Conditional Use Permit. They were approved for bulk storage of pallets, recyclable cardboard materials in certain areas on the site. Included in that request were to have those storage containers along that property line. The portion was of the Conditional Use Permit was denied and taken out as Council approval. Dave Redmond: But they ended up there what it sounds like to me. Melissa Conway:They do. So, I wasn't around in 2003,so; I have no idea, but two years ago is when we had placed those there, and that is when we were cited by the Fire Marshal. He came out and we moved the trailers. I have no idea about 2003. Jeff Hodgson: Is there anybody else? Thank you very much. Melissa Conway: Alright.Thank you. Jan Rucinski:There are no other speakers on that application. Jeff Hodgson: Alright. We will close the public hearing and open it up for discussion. Mr. Ripley. Ron Ripley: It seems to me that where I feel if we restrict the usage between September 1 in the case of her, I think that is what I heard,and limit the number of containers. Because everything else in here has talked about approval by the Planning Department,where the location and those types of things, it seems to me that would be the plan. Jan Rucinski: I would agree. Item#6 Walmart Stores, Inc.#3216 Page 8 Mike Inman: I think if we could add those to the end of number two of the second condition, maximum of 20 containers from September 1 to December. Jeff Hodgson: My thought on that, I think we need to get maybe a week past the end of December. From December to January 1, is a lot more. I think we need to be realistic and say. We could leave it at that day, but there is a lot happening. Mike Inman: I could support that motion but I just think it needs to be clear because we're now talking now about the first of three applications and the location of the containers that is proposed and required in this application is fairly sheltered or screened by buildings and its commercial area. And not typically close to a main thoroughfare or any thoroughfare, and that makes an influence on me as to whether I vote in favor of this application versus perhaps subsequent. Jeff Hodgson: Ms.Oliver. Dee Oliver: My bit was the fact that I think that what signaled everybody was that you could see it at Town Center. And that is what started this whole process and that it wasn't properly screened, and then the other conditions of the application,they are not agreeable to screening them,so, I think that when we start looking at these,each one is going to be different. Jeff Hodgson: Mr. Redmond. Dave Redmond: I agree with that but I am also curious not to put them on the spot when Mr. Horsley is comfortable with that and I'm comfortable with that. I'm comfortable also with the explanation, listen if you don't know who you are working with, it is hard for us to be conflicted,and I don't know who you are working with, if you're working with anybody locally. I also know that if you were given some questionable information, it is hard to hold that against somebody. I would just say that regarding these disclosures, I think it is important with going forward, I would love to see the applicant do that but I'm comfortable with that. I like to limit the time frame. I like being very specific about where it is,and how it is screened but... Jeff Hodgson: What about the term also? We were saying from the end of Labor Day to January 15. What about a five year limit on this or do we want to leave this open ended? Dave Redmond: Not to be the skunk of the garden party, but I kind of think that may be too long. Jeff Hodgson:Yeah. Dave Redmond: My view it should be tighter than that,and maybe it goes on for some time but this young lady,whose name I forgot already. Jeff Hodgson: Ms. Conway. Dave Redmond: I apologize. Indicated that they were working on reducing the numbers of these things, so I think probably you getting to look at this at some level, perhaps annually,would make some sense, Item#6 Walmart Stores, Inc.#3216 Page 9 and, I'm discomforted frankly by the Town Center's experience as well. Why wouldn't you figure that would be a problem? Five years is too much. I want to know what he thinks. Don Horsley: I remember when this Walmart was built and it wasn't long after it was built,we had to come and approve a bulk storage so they could take up part of the parking lot outside to put plants,and mulch,and these types of things. So,we have ordinances that say that certain amount of parking is required when you build shopping centers and retail establishments. And they come in and they take up and use part of the parking for other things. Now we come back and now we got to have bulk storage or something else and we're going to put it in the back and some containers in the back that is not alright for the general public. That is alright on the farm. I guess you can hide it behind the barn and things like that, but it is not the best looking things for the general public to see so, I'm not really happy about having to do that, but I understand business have to operate and they have grown a lot and so, I'm in favor of the short term, but who is to say that in two years they may say our season is going to change. We need to have storage containers for the spring season too in order to keep things but then you need to bring this back.So, I would stick to what Ron has said. September through what with what you came up with,January 15, we get them out of there for a two year time,and then I think that is something we're going to have to look at as a Planning Department and Commission to know.We are going to get more and more of these requests coming in once this has gone public,that you can do that.The other retailer stores are going to come in and we want to put two containers behind our building too,so we have more storage, but there has to be a better answer than that. But, I think outfits as big as Walmart can come up with these better answers and if not,we can give them some suggestions, I think. So, I would go along with that at this time. But, I would put a two year time frame on it to come back and visit it then and see how these numbers are still good,and if they need more than 20 or if they have gotten less than 20 that could accommodate some of these stores, because I just think it is a problem that we are going to see more and more throughout the City with other establishments. Jeff Hodgson: Would anybody like to make a motion with revised conditions? Mike Inman: I'll make a motion. I move that we approve the application with the conditions as stated in the staff report with the addition of the conditions that there will be a maximum of 20 containers. They will be there between September 15 and January 15 and it will be for a two year period. Jeff Hodgson: A motion made by Commissioner Inman with revised conditions. Is there a second? Karen Kwasny: I'll second it. Jeff Hodgson: A second by Dr. Kwasny. Mr.Weeden. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE REDMOND AYE Item#6 Walmart Stores, Inc.#3216 Page 10 RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Walmart Stores, Inc. #3216 with the conditions as stated with the additional conditions for a maximum of 20 containers,from the time from September 15 to January 15 with a two year time period. Jeff Hodgson: Alright.Thank you Ms. Conway. Would you please call the next agenda item? RIME11 •••••=•• ' 1 jo. \ \ / / r Lliftifir„, la 1 MK' „pziiiii., .11 ii -1 lifthr If -'‘....4, ,‘, \ \x- -- ro-1 • ea . 41674/1A.) ,, ...- I LP;liolOrD' , ri irit.agir/..'27d V ...:: ' •:. le .T.vm.4.;:, ,•, 4„.•;/; ., . ..,<., Neat 0 w...iikif .. / 4., 7 .. ,.. ...... ... ..........0 .4.,. . .\ •.. . . ...._,F... / / ... ti• ..,..„„.. . 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COUNCIL DISTRICT — ROSE HALL MEETING DATE: September 20, 2016 • Background: A Conditional Use Permit for a Bulk Storage Yard for seasonal display and sales of outdoor lawn and garden items was approved on this site in 2003. This request is for a Conditional Use Permit for a Bulk Storage Yard for the Walmart to place storage containers along the western and southern sides of the existing building. The proposed containers will store seasonal, holiday merchandise. A deviation to the required Category VI screening (a six-foot solid fence with evergreen plants) around the perimeter of the bulk storage yard is requested. • Considerations: The bulk storage areas are proposed in locations that are well screened from view by existing mature vegetation along the southern and western property lines, thereby not visually impacting adjacent properties. Based on this, a deviation to the Category VI screening is recommended for approval. This deviation can be set by the City Council with its approval of this Conditional Use Permit application. Per Section 107(i) of the Zoning Ordinance, "City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations" from certain dimensional requirements, including landscaping requirements. Based on the rationale for the deviation, Staff concludes that there is good cause shown and that there will be no significant detrimental effects on surrounding properties as a result of the deviation. The location of these containers is limited to the areas depicted on the submitted site layout exhibit and cannot be placed within any easements. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. Staff is not aware of any opposition to this request. Walmart Stores, Inc. 2529 Page 2of2 • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0 with the addition two conditions (#7 & #8 below) that limit: the number of containers to 20, the time frame that the containers can be on the site (September 15th through January 15th), and the period of the Conditional Use Permit to two years from the date of adoption by City Council. 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Prevention Bureau, the storage containers shall be located as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The number of storage containers on the site shall not exceed 20 and shall only be permitted on the site from September 15th to January 15th. 8. This Conditional Use Permit is only valid for two years from the date of its approval by the City Council. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep- - ent/Agency: Planning Department 441,Y-4____. City Manager: �0 Applicant Walmart Stores, Inc. 2529\fi3 Agenda Item Property owner Walmart Real Estate, Etc. Public Hearing August 10, 20169 City Council Election District Rose Hall Virginia Beach Request a ��� Conditional Use Permit (Bulk Storage) �I Q ov° 3`3 J�x ' �aoe d 3' ea°a° °a° �a2. Staff Planner , • ,r 00 °° N°°°` Robert Davis BnrTwoodoatl Ohere Drive swr«u►artw,y 4c No1�`°CW't Mwere Dlive 'o* Location 2021 Lynnhaven Parkway g . 4 G PI N Oemslord Drove Road 4 r: �+4'o ;a 1475970297 Pe ante gssatt.,�, ` % a�6dO tA �e� Site Size =Q ,�nnha.�nPr�.a. i v � 20 acres 3, o Watt tent 4 male /� g , e SP"'Gate AICUZ a f wD Less than 65 dB DNL N°^�'°`r` L ,..02° d ,�,�„t,e e n to*v�' �c Top.lane Existing Land Use and Zoning District U Retail Store/B-2 Community Business .„-- Surrounding itP Land Uses and ZoningDistricts ' ',C % to WCFii r -,�.; North 1� ss F . •.401.. „.,:T. , . �� + ,a y, Princess Anne Road t.. :: A A, it : ' ./tv; r �,,, Mixed Retail,Townhouses/PD-H1 Planned , , y ,-,''. 4 'C .K Development v'' - volo kt V-- 4;;' �, r South ��s°,Cel ���0 * ,.`. Salem Road ,.. v '4. ; Mixed Retail,woods/B-2 Community Business .s.)111, 1 7 Q A� ' East t »=.'"n A �.�i4• M Lynnhaven Parkway !'! g :' 3 Q"' . , 'i Mixed Retail/B-2 Community Business '" .* fl" Q i oe West ;t .,- — ' � z. tib A , ►ate_ ,' Multi-family dwellings, woods/A-12 Apartment .1-, - 11 --1 ' k Walmart Stores, Inc. 2529 Agenda Item 9 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to allow storage containers to be located to the rear of the existing building. The storage containers will be used to store seasonal merchandise. • The storage containers are typically 40-feet long. • No other changes to the site or building are proposed with this request. • There is existing, mature vegetation along portions of the northern, southern and western property lines will screen the storage containers from view from the right-of-way. Ohare DriV -pi ��� R-70 io�� A'10C Odd s ,®A. o„ �ssq � Zoning History A-12� *o u • PD-H7 - R-7.5' k _ e '7 '>� # Request ;�/ 1 CUP(Indoor Recreation Facility)Approved 9/10/2013 �� /- Yefiti:i�] 2 CUP(Bulk Storage)Approved 07/06/2004 R' •• # ..47.`An'i;' 3 MOD Approved 09/23/03 • V,- 4 CRZ(R-5D to Conditional B-2) Approved 08/27/02 rA , ,,R-7.6* lil A/*/rip 1yip 4 1..,Sg1olf.1 B-2' 1 / tI1 _ If... 1 z. 4'tR 0 '''00 -f 1t-- ��`.4 A ',/14�� Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. 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. (Sec. 1.3, pp. 3—10) Walmart Stores, Inc. 2529 Agenda Item 9 Page 2 Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural resources or cultural features associated with the site. The proposed bulk storage yard is located over existing impervious surfaces. Traffic Impacts Lynnhaven Parkway 20,655 ADT 1 27,300 ADT'LOS°"D") 2 Existing Land Use - 12,026 ADT Proposed Land Use 3-no impact Princess Anne Road 47,054 ADT 1 56240 ADT 1(LOS 4"D") 1 Average Daily Trips 2 as defined by a 240,000 3as defined by up to 25 storage 4 LOS=Level of Service square-foot shopping containers center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is identified as an eight lane urban major arterial. Lynnhaven Parkway in the vicinity of this application is identified as a four lane urban major arterial.There are no current CIP projects slated in the vicinity of this application. Public Utility Impacts Water&Sewer The site is currently connects to both City water and sanitary sewer service. Evaluation and Recommendation This Conditional Use Permit request for a Bulk Storage Yard is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area.The applicant is aware that the placement of the storage containers in the designated locations are outside of any easements and provides access for fire safety equipment.As the storage containers will be screened from view of any adjacent residential and retail uses and rights-of-way by the existing, mature stand of large trees,the proposed locations are acceptable. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping,which includes a solid fence, not less than six feet in height,with plants along the exterior of the fence.The applicant is requesting that this deficiency be addressed through the provisions of Section 221(i)of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation in this requirement by using existing landscaping along portions of the northern, southern and western property lines will not adversely impact the adjacent properties. Staff recommends approval of this request for a Bulk Storage Yard with the conditions below. Walmart Stores, Inc. 2529 Agenda Item 9 Page 3 Recommended Conditions 1. The location of the storage containers shall be limited to the area depicted on the site layout shown on page 5 of this report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall,the location of the storage containers shall be so as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous material shall be stored within the storage containers. 6. Prior to use of the site for the storage,the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The number of storage containers on the site shall not exceed 20 and shall only be permitted on the site September 15th through January 15th. 8. This Conditional Use Permit is only valid for two years from the date of its approval by the City Council. 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. Walmart Stores, Inc. 2529 Agenda Item 9 Page 4 Proposed Site Layout \\\ /:tip. 1 • ‘,,,,,r,:, ;t; ' n Tr y Proposed Bulk Storage Areas (Subject to Conditions) \'' T— r_r 'N. N N. _ _ ,.i 1 Pim . f, !yam /,' Walmart Stores, Inc. 2529 Agenda Item 9 Page 5 Site Photos ds4e. z.1 .\ .sr i'64 ' \ .AIr 1 r ► r ► • t r . • • ► i • • • -J s 4 • • di•. r j r yry :ate �; 'b`� >'r \ - i w ! . r _ ►� • . I- \ . Walmart Stores, Inc. 2529 Agenda Item 9 Page 6 Disclosure Statement 'NB Virginia Beach APPLICANT'S NAME / " `7 I /4 ', f t 2 5-7_ c7 kict I vvI de.t 5 r‘e5 , ih— 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 7Bo onditional 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 F OR CITY USE ONl / d;,, o,.1 n t,t ;,1 st c ,..n,_ - _._ Page 1 of 7 0 APPLICANT NOTIFIED OF HEARING 4:441---''' ar NO CHANGES AS 01 !_L Rf VISIONS SUBMITTED n. /�_ Carolyn Smith Walmart Stores, Inc. 2529 Agenda Item 9 Page 7 Disclosure Statement \113 Virginia Beach n Check here if the APPLICANT_IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Lat�'r 6- '\ If an LLC, list all member's names: Cara\rncLr� Sib're,s� (Vlc.. 6�h 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. n ( I Check here ii the FROPER1 T OWNER i5 P1.11 4 corporation, partnership, firm, business,or other unincorporated organization. D✓ Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN, complete the following. , ( S w 4 (A) List the Property Owner's name: L 1 Y fl - —jeIf an LLC, list the member's i names: UiCr� S'be xs rl 1. (s Vl(<r' Page 2 of 7 Walmart Stores, Inc. 2529 Agenda Item 9 Page 8 Disclosure Statement V13 Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) 74- ,� �� i :�, ba► ., s- �,I ►Sim Iwto -) ( �1V�at� I rn 0 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Walmart Stores, Inc. 2529 Agenda Item 9 Page 9 Disclosure Statement #2529 \t/3 APPLICANT Virginia Beach YES NO I SERVICE PROVIDER(use additional sheets if needed) El Accounting and/or preparer of Earnst&Young, your tax return London,United Kingdom CArchitect/Landscape Architect/ BSW International, Land Planner Tulsa,OK - Contract Purchaser(if other than Walmart Facilities Management, the Apolicant)-identify purchaser Bentonville,AR and purchaser's service providers Any other pending or proposed No plans for disposition UI" purchaser of the subject property (identify purchaser(s)and purchaser's service providers) an Construction Contractors Hensel Phelps Construction Co. VAI LI Engineers/Surveyors/Agents Engineering Services,Inc. Financing (include current We hold no mortgages. mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) l i Legal Services Walmart Legal,Bentonville,AR Real Estate Brokers / Walmart Realty,Bentonville,AR 0 Ei Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? n 001 rV�6 r' I hG l S « Fe �dMGi I lY1�Y11 lam-lWtQ-7( i sf e-�`�r�Yloh w1� V fve9'e� tby-it.(-1i . Page 4 of 7 Walmart Stores, Inc. 2529 Agenda Item 9 Page 10 Disclosure Statement NII3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ,App ' tion • G�" Dennis Laughlin, Realty Mgr PERTY OWNER'S SI URE PRINT NAME CeVlb I Page 5 of 7 Walmart Stores, Inc. 2529 Agenda Item 9 Page 11 Disclosure Statement #2529 :1/4213.0 PROPERTY OWNER YES NO SERVICE PROVIDER(use additional sheets if needed) • nAccounting and/or preparer of Earnst&Young, I I your tax return London,United Kingdom • nArchitect/Landscape Architect/ SSW International, Land Planner Tulsa,OK ❑ Contract Purchaser(if other than Walmart Facilities Management, the Applicant)-identify purchaser Bentonville,AR and purchaser's service providers Any other pending or proposed No plans for disposition C ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O ❑ Construction Contractors Hensel Phelps Construction Co. C ❑ Engineers/Surveyors/Agents Engineering Services,Inc. Financing(include current We hold no mortgages. �j ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) © n Legal Services Walmart Legal,Bentonville,AR Real Estate Brokers/ Walmart Realty,Bentonville,AR EAgents/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 ❑ r I 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? L —�'-f:Fr-ems, �rn 11-) i Iti , ( .1 yy ii ' s .. i s •ko/res-6 chef jvt` v - Page (oof 7 Walmart Stores, Inc. 2529 Agenda Item 9 Page 12 Disclosure Statement 1/3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this App ' tion Dennis Laughlin, Realty Mgr i/Yfie_ �PPERTY OWNER'S SI URE PRINT NAME Please see stock.walmart.com for 10-K and other information. Page 7 of 7 Walmart Stores, Inc. 2529 Agenda Item 9 Page 13 Disclosure Statement Delegation of Signature Authority I.Caroline Clarke Vice President of Wal-Mart Stores Inc:Wal-Mart Real Estate Business Trust Wal- Mart TRS. Lt C.Wal Mart Realty Company,Wal-Mart Property Co,Wal-Mart Stores Arkansas,LLC,Wal- Mart Stores Texas LLC Wal-Mart Stores East LP,Wal-Mart Louisiana,LLC WSE Management,LLC. Wal-Mart Stores East LLC Sam's Real Estate Business Trust.Sam's TRS.LLC.Sam's East Inc Sam's West Inc,Sam's Property Co,Sam's PW,Inc,Wal-Mart Puerto Rico,Inc,Wal-Mart com USA.LLC. and North Arkansas Wholesale Co Inc (hereinafter collectively referred to as"the Company"),hereby delegate to Sr Director,Realty Management Sr Manager II,Realty Management Sr Mane.-r Realty Management-Lease Administration - ager Management Realty Manager • - - ,.Hager the authority to sign the documents set forth in Exhibit A,attached hereto and incorporated herein,on behalf of the Company,in their respective capacity for the Company This delegation shall supersede and revoke any signature previously given to those in the above as of the date set forth below All acts and transactions of individuals in the positions above which were taken or made in good faith and prior to the forma!delegation of authority to such position that are consistent with this delegation are hereby ratified and approved L K.. . /l L ______ Caroline Clarke Vice President f" / Subscribed and sworn before me on this L5 __day of 44,,'t s 2016 • / .,i. I i Aim.. Notary Public Notary Seal MFFiCIAL SEAL NOR RE ON COUNINGILI t.OiARy YJRLlc - ARK NS JaiAS Ir OM".!ISSION ExP.,:>'_____,_1_______o'. Page 1 of 3 Walmart Stores, Inc. 2529 Agenda Item 9 Page 14 Disclosure Statement Exhibit A All signing authority contained herein must be done in compliance with Walmart Realty Division Corporate Governance Sr.Director.Realty Management 1. Any documents related to the day-to-day disposition of the Company's tangible and intangible real estate interests as such are approved by the Walmart Realty Deal Committee.Walmart Realty Finance Committee,Walmart Realty Committee or such other committee as may be developed in the future(collectively,"Committees"). 2 Any documents for transactions approved by the Committees,or transactions related to a substitution or sate lease back. 3. Any document related to the day-to-day management of the Company's real estate interests but always subject to approval of the Committees if such document falls within the Committee's scope of authority. 4. Any short-term contracts for services to be performed,including,but not limited to surveys and Phase I reports. 5. Short-term(merchandise and remodel)warehouse leases for terms of up to and including two years where the yearly leasehold commitment is not greater than$250,000. 6 Agreements related to the end of a lease term regarding the condition of the building,etc. 7. Deeds which are required by pre-existing agreements to grant the property and/or condemnation situations,etc. 8. Temporary office leases for terms of up to and including two years where the total leasehold commitment is not greater than$100,000. 9. Settlements of asserted claims up to an amount commensurate with amount of the delegated invoice approval authority as long as such claims have not become a lawsuit or arbitration. 10. Vestibule leases,renewals,terminations and similar documents approved by the In-Store Lease Committees or such other committee as may be developed in the future(the"ILC") 11 Lease Addendum/Attachment A assigning locations approved by the ILC 12 Subordination agreements,amendments and such other documents as necessary to administer the vestibule leases. 13. ECR Amendments. 14. Storage Rental Agreements with storage container or storage trailer suppliers. 15. Any documents that may be signed by positions reporting up to this position. Sr.Manager II,Realty Management Sr.Manager.Realty Management—Lease Administration 1. SNDA and Estoppel documents 2. Lease Amendments to set the term,square footage 3. Short Form Memorandum 4. Lease Addendum/Attachment A assigning locations 5. Utility Easements 6. Short-term(merchandise and remodel)warehouse leases for terms of up to and including one year where the yearly leasehold commitment is not greater than$100,000. 7 License Agreements 8. Easements/Right of Entry Agreements 9. ECR Amendments approving variations(i.e.,height and building size,signage) 10. Standard closing documents(i.e.owner's affidavits,non-foreign status affidavits,etc.) 11. Any affidavits,permits,applications or other similar documents that generally pertain to day-to- day business operations. 12 Any short-term contracts for services to be performed,including,but not limited to surveys and Phase I reports Page 2 of 3 Walmart Stores, Inc. 2529 Agenda Item 9 Page 15 Disclosure Statement t3 Any oilier documents for transactions that(a)have been approved by Use Committees or relate to sale leaseback substitution transactions and(b)which are part of the closing process. but which are not to be recorded. including but not limited to settlement statements and acknowledgements of a 1031 exchange 14 Any documents that may be signed by positrons reporting up to these p.sitions Sr.Manager I,Realty Management 1 SNDA and Estoppel documents 2 Right of Entry Agreements 3 Any short-term contracts for services to be performed in furtherance of a real estate transaction . including, but not limited to surveys and Phase I reports as long as the cost of such services do not exceed the lesser of$10,000 00 or the invoice approval limit for the individual 4 Any other documents for transactions that(a)have been approved by the Committees,or relate to sale leaseback substitution transactions and(b)which are part of the closing process but which are not to be recorded,including but not limited to settlement statements and acknowledgements of a 1031 exchange 5 License Agreements with thirty(30)day termination clause 6 Any affidavits.permits, applications or other similar documents that generally pertain to day-to- day business operations 7 Letters approving variations to building size. height.use or other related acton 8 Any documents that may be signed by positions reporting up to this portion Realt_v Manager 1 License Agreements with thirty(30)day termination clause 2 Any affidavits permits. applications or other similar documents that generally pertai to day-to- day business operations 3 Letters approving variations to building size height.use or other related action Sr.Asset Manan ager Lease Addendum/Attachment A assigning locations approved by the ILC. Page 3 o13 Walmart Stores, Inc. 2529 Agenda Item 9 Page 16 Item #9 Walmart#2529 Conditional Use Permit Bulk Storage Yard 2021 Lynnhaven Parkway District 3 Rose Hall August 10, 2016 REGULAR Jeff Hodgson: Please call the next agenda item. Jan Rucinski: The next item on our agenda is item 9,Walmart#2529 for a Conditional Use Permit(Bulk Storage)on property located at 2021 Lynnhaven Parkway, District 3, Rose Hall. Will a representative come forward please? Marty Reighard: Hi. Good afternoon. Jan Rucinski: State your name for the record. Marty Reighard: Marty Reighard. Jan Rucinski: Can you explain your application to us? Marty Reighard: The same thing. Seasonable merchandise, limited time period, bulk storage. Jan Rucinski: Are you agreeable with the conditions we added to the first one? Marty Reighard: I am. Jeff Hodgson: Ms. Oliver. Dee Oliver: How many containers do you all normally need? Marty Reighard: Last year I had 31. This year I have approval for 20. Dee Oliver:This year you have approval for 20? From? Marty Reighard: Walmart. Dee Oliver: They tell you how many containers to have. Marty Reighard: It is a financial effect to our business as well as dealing with retaining these things. Dee Oliver: And can you tell us where yours are located? Item#9 Walmart#2529 Page 2 Marty Reighard: Yes. Jeff Hodgson: there is a pointer right there you can use. Marty Reighard: So mostly right here, mostly right around this corner. And then along this wall, right through here,and you and can see there is one there now. It will ending up coming around this curb. Dee Oliver: So, on the other side of that one that we see right now, are houses. Marty Reighard: These won't be here any longer. Yeah. Those are houses over here. These are an apartment complex. Dee Oliver: Where do you put 30 of them? Marty Reighard: I had 30 last year. If you go back to where we were just were. Okay. Right here, I can go all along here, and then all along there. And then you can get two back to back,two back to back, two back to back all the way down. I will put them here this year or along that curb right there. Bob Thornton: So, they will be right up against your building. Marty Reighard: Yeah. They will be stationed between... Dee Oliver: Houses across the water. Marty Reighard: They're wooded. You can't see them from the back of the property. There is a retention pond between. Jeff Hodgson: You can't tell how high that tree line is right there. Bob Thornton: So,you don't really have any place to put them except up against the back of your building and off to the side where those two are. Marty Reighard: Yes. I will be able to go all along that curb. This is the other side. On the other side of this wooded lot is Princess Anne, and I can put them along that one as well. Bob Thornton: But you are limited. IF we choose to limit you to 20 and it sounds like your corporation has put 20 in your budget,could you put all of those 20 along the back of that building? Marty Reighard: I could. Bob Thornton: okay. Marty Reighard: It is not 20 every month. We just don't drop 20 and say we need 20,at least for me. I may need 8 in September, in October,then you get ready for that event day,that is when you need 20, and then I may need 18 up to Christmas. Item#9 Walmart#2529 Page 3 Bob Thornton: Yours is the same four months as the previous application. Marty Reighard: Yes sir. Yeah. Jeff Hodgson: Mr. Horsley. Don Horsley: So the numbers do vary from time to time.You don't' put all of them in there and they don't stay until then. Marty Reighard: The thing is financial. We put some inventory work into place last August and we're reducing inventories in buildings, in my particular case, I'm down a million dollars in inventory over where I was last year. So,we're getting there. Over the years,we're going to get there. This year is going to be about three or four million dollars worth of merchandise, and it is mostly between November and Christmas Day, so the issue is in getting them all picked up, and I appreciate the January timeframe so that the hauler won't have to be picking them up all at one time. Don Horsley: You would be comfortable with the recommendation of the maximum of 20? The dates are from September to January and for two years. Marty Reighard: Yes. We would revisit in two years and try to have a plan to reduce.Yes, absolutely. Jeff Hodgson: Mr.Wall. Jack Wall: One thing that I noticed that there is an area that is closer to the apartments to Atwater Arch than the other is. It may not be visible but there is a noise level from slamming those doors. I open and close those things and you really need to put some force sometimes to get them shut. Is that an area that can possibly be precluded from placing in those containers? Marty Reighard: Sure could. Actually, I think it was 22 feet to get two fire trucks in between our building and these trailers. That is what the Fire marshal told me a month ago or a month or two ago. Coming around that corner,you can't do it. Jack Wall: It is too tight. Jeff Hodgson: Mr. Redmond. Dave Redmond: Mr. Kemp. To your knowledge have you ever received any complaints from any neighbors near these units at any of these locations? Noise,those kind of things? Kevin Kemp: Not at this location. We did receive a complaint from another location but at this location, I am not aware of any complaints from noise on this property. Jeff Hodgson: Was the complaint for noise? Kevin Kemp:That wasn't specifically from noise. I believe the biggest issue with that the trailers were in the easement and the impact it could have on a fire. Item#9 Walmart#2529 Page 4 Dave Redmond: Okay. Thank you. Jeff Hodgson: Is there anybody else? Bob Thornton: So, the diagram that we have on page 9 shows three locations of potential trailers. I had to piggyback on what Don is suggesting we're probably with comfortable with 20. If you keep them up against the building and we put a time line on it of two years. I just want to make sure that we strike the areas on here that you cannot put trailers in. It seems like it would be the one down near Princess Anne Road. Are you okay with that? Marty Reighard: Yes sir. Bob Thornton: Okay. You're pretty isolated back there. If you've got a BMP and a tree line,that row of containers against the building is pretty innocuous. Probably nobody knows it is back there. Marty Reighard: Yes sir. Bob Thornton: Okay. Jeff Hodgson: Is there anybody else? Thank you sir. Mary Reighard: Thank you. Jan Rucinski: There are no other speakers. Jeff Hodgson: We will close the public hearing and open it up for discussion. I think we could move through this one pretty quick. Bob Thornton: I move that we approve this with the condition with the 20 maximum located up against the building, minus the space the Fire Marshal was concerned with, and the September 15 through January 15, and a two year time period. Jan Rucinski: I'll second it. Jeff Hodgson: A motion made by Vice Chairman Thornton and seconded by Commissioner Rucinski. Mr. Weeden. Ron Ripley: Did you mention also the time period? Bob Thornton: A two year time period. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE Item #9 Walmart#2529 Page 5 KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Walmart#2529 with additional conditions of no more than 20 containers,time limit of September 15 to January 15 with a two year time period. Jeff Hodgson: Thanks. I would say I appreciate you coming down here because the outcome in this would have come out a lot differently if you had not, so thanks for taking time. ,...--- r rr- 1 - LI" ----11 11 J I -- --v. L E---1 L-L_J----- ____.__L__ — . r LI I ta 0 _ ___I--1--r- s • In. • . .. ,. mpoimpolomilCONL-MIN — F-- — _1A''. ..". iiiiiPii141i_ _ _ _ . - • 1 _ . a 3--- --L__ ------) r---IL, M --1 I . il 1 1 1 1 1 --Li FLi 1 1 ii 1, 1 L___I 1 .. . _ __, - IP'7, 1.- -. r•c•,.,,_-4„,iii,,h,a,,,pli. _ r-- ,---.7- ..._.: I CNI i u 7 ii....... a 1 ..... i• 0 Ca \ 1 II . limo , --, 7i, i F-i -" 7 1 fA „,17,14 1 iCil --7- 111 -,s-raisrilms"m"------7.. CO ...... 1 \e L .. , -.... .,...,,,,..... 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[Property Owner] Conditional Use Permit (Bulk Storage Yard) 657 Phoenix Drive (GPIN 1496387496). COUNCIL DISTRICT— BEACH MEETING DATE: September 20, 2016 • Background: On July 5, 2016, the applicant received approval for a Conditional Use Permit on this property for a Bulk Storage Yard for the seasonal display of lawn and garden items in the parking lot. In preparation for the fall and winter holiday seasons, Walmart is now requesting to place up to 13 storage containers on the northwest corner of the site. A deviation to the required Category VI screening (a six-foot solid fence with evergreen plants) around the perimeter of the bulk storage yard is requested. • Considerations: The location of the storage containers shall be such that none are within any easements and that adequate access is maintained around the building for vehicular and fire apparatus. The placement of the containers is limited to the area depicted on the submitted site layout exhibit, along the northern portion of the property. The bulk storage area is proposed in a location that is well screened from view of the rights-of-way by existing plant material and by the building itself. This deviation can be set by the City Council with its approval of this Conditional Use Permit application. Per Section 107(i) of the Zoning Ordinance, "City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations" from certain dimensional requirements, including landscaping requirements. Based on the rationale for the deviation, Staff concludes that there is good cause shown and that there will be no significant detrimental effects on surrounding properties as a result of the deviation. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. There was one speaker in opposition of the request. Walmart Stores, Inc. 1688 Page 2 of 3 • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0 with the addition of three conditions (#7, #8 and #9 below) that limit: the number of containers to 10, the time frame that the containers can be on the site (September 15th through January 15th), the period of the Conditional Use Permit to two years from the date of adoption by City Council, and require existing plant material to remain and be properly maintained. 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall, the location of the storage containers shall be so as to maintain a 20-foot wide accessway for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The number of storage containers on the site shall not exceed 10 and said containers shall only be permitted on the site September 15th through January 15th. 8. This Conditional Use Permit for Bulk Storage for up to 10 storage containers shall expire two years from the date of City Council's approval. 9. The existing plant material along the northern and western property lines remain and that it be property maintained so as to provide a continuous screen to the Bulk Storage Yard. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Walmart Stores, Inc. 1688 Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. it Submitting Department/Agency: Planning Department City ManagerO ___________ Applicant Walmart Stores, Inc. 1688 Agenda Item Property Owner Walmart Real Estate, Etc. Public Hearing August 10, 2016 14 curl City Council Election District Beach Virginia Beach Request baa": :, Conditional Use Permit (Bulk Storage) ,.." j /�•� ""°,),.. Adreotor 7kcr-1 �� ,� Bullock Trail u 65.70 dB DNL " . Staff Planner > 54Ina °r"` tim �at� Lark Street 8 00, = E' m Carolyn A.K. Smith m Guardian Lane k APZZ n k 1 j D f O Location a -75 dBb L Sabre e < - pod ctbnlbad 657 Phoenix Drive i> 5dBDNL OIt ( Co. Quality court GPIN "°re a Roan % o 1496387496 e� `0f' ° Site Size / u � 7 U Excalibur Court Boc 3 ' u 15 acres -. i g j AICUZ ,F I o ,i 70-75 dB DNL; APZ 2 APZ2 ApZY Pewte Road APZ, Existing Land Use and Zoning District Retail Store/ B-2 Community Business Surrounding Land Uses and Zoning Districts -4, `•If' (. North r . ;, . ��` 14. t Vacant, office/ 1-1 Light Industrial r ' \ { , I - ,_r ,r South rF t'`k`� " R �' r r I } Sabre Street Guardian-Lane B :T . t.4. Sao" Office/ 1-1 Light Industrial - s East f ::`� LE L _ ., 10.,,,..„—, E. rPhoenix Drive 1Mixed Retail/B-2 Community Business `47 , West "' • Sabre Street x I Office/ B-2 Community Business IC.:LEI ' - i ,„. Avenger Drive ..4-Li..a oU At qal • • Walmart#1688 Agenda Item 14 Page 1 Background and Summary of Proposal • On July 5, 2016,the applicant, Walmart, received approval for a Conditional Use Permit on this property for Bulk Storage for the seasonal display of lawn and garden items in the parking lot. In preparation for the fall and winter holiday seasons, Walmart is now requesting to place up to 13 storage containers on the northwest corner of the site.The placement of storage containers is classified as "bulk storage," and a Conditional Use Permit is required. • The containers, up to 40 feet in length, will be used for the seasonal storage of materials, particularly during the months of September through December. • A deviation to the required Category VI screening (solid fence and plants) is requested.The existing, mature vegetation along the northern property line as well as the building itself will screen the containers from view. ro - '0 5 dB,PN. s� r 1=1 1- I'' –l. Zoning History �`�' °�� ` # Request A-18 - K ..--....- *iv-l• 1 MOD(Proffers)Approved 02/24/2009 � 1— e I-1 Am; —_ CUP(Bulk Storage)Approved 07/05/2016 / — .�11 I-I 2 CRZ I-1 to Conditional B-2)Approved 08/24/2004 r` :11,i 3 CUP(Hotel)Approved 10/12/1987 ,75 dB AP.B 2* �{ %' �`� 4 CUP(Indoor Commercial Recreational Facility) �"`� ..�r'i 1.1 Approved 06/23/2009 7-1" _SSL"f-, �.--1' ® szii -4— „,:,,,__ i 1 ®;mi..”) /', _ 5 MOD(Conditions)Approved 06/12/2007 I CUP(Self-Storage)Approved 07/03/2001 ;. L 'I 6 CUP(Wind Energy System)Approved 06/26/2012 E4---2--p:- B.2 � rill STC Approved 10/27/1998 B---2 2 t.) C C. 7 SVR Approved 08/11/1998 ._ - I,, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. 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. (Sec. 1.3, pp. 3– 10) Walmart#1688 Agenda Item 14 Page 2 Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural resources or cultural features associated with the site as it is almost entirely impervious. Traffic Impacts caA. „x .— x '—` �- x,.,,.,�. _. . <u...--,axs.,.{�Z,:�•<,.,. .x, s'�'.' �' -„ 13,100 ADT 1(LOS 4"C") Sabre Street No Data Available 20,700 ADT 1(LOS 4"D") Existing Land Use 2—28,040 ADT Phoenix Drive No Data Available 6,200 ADT'( LOS4"C")CProposed Land Use 3—28,040 ADT 9,900 ADT (LOS "D") 'Average Daily Trips 2 as defined by 15 acres of 3 no change anticipated 4 LOS=Level of Service B-2 zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sabre Drive is a four-lane collector roadway. Phoenix Drive is a two-lane collector roadway.There are no CIP roadway projects planned for either of these rights-of-way. Public Utility Impacts Water& Sewer The site is already connected to both City water and sewer. Evaluation and Recommendation The location of the proposed storage containers on the northwest corner of the site has been selected to best screen the bulk storage area from view. It should be noted that Section 228 of the City Zoning Ordinance requires a Bulk Storage Yard to be entirely screened with Category VI landscaping,which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. A deviation to this requirement is requested and Staff believes it can be addressed through the provisions of Section 221 (i) of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation in this requirement will not adversely impact the adjacent properties, particularly given that existing, dense plant material is located along the northern property line and that the existing large building on the site will also screen the bulk storage area from the rights-of-way. This proposal is compatible with the provisions of the Land Use Compatibility Table in Article 18,AICUZ,of the Zoning Ordinance for a site located within the 70-75 dB DNL noise zone and the APZ 2. The location of the storage containers shall be such that no easements are blocked and that adequate access is maintained around the building for vehicular and fire apparatus. Based on the considerations above,Staff recommends approval of this request with the conditions below. Walmart#1688 Agenda Item 14 Page 3 Recommended Conditions 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. Unless otherwise authorized by the Building Official's Office and the Fire Marshall,the location of the storage containers shall be so as to maintain a 20-foot wide accessway for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. Prior to use of the site for the storage,the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 7. The number of storage containers on the site shall not exceed 10 and said containers shall only be permitted on the site September 15th through January 15th. 8. This Conditional Use Permit for Bulk Storage for up to 20 storage containers shall expire two years from the date of City Council's approval. 9. The existing plant material along the northern and western property lines remain and that it be property maintained so as to provide a continuous screen to the Bulk Storage Yard. 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. Walmart#1688 Agenda Item 14 Page 4 Proposed Site Layout Proposed Bulk StU�� n� vv ____- _�_-_ ___ ----_ _ _____ ___� _ _ -_ __-___ II- cv Existing Parking Lot o Existing it Walmart " SAB 2811.289E4 - - _-_- � ~�-- Sabre Street ~.~~~ I^nn s'z*m2EE+ i~ A VVa|mart#1688 Agenda Item 14 Page 5 Site Photos — . . .,, ,... ............_,...........„,...............,.. ..... ... . .. .,. .. , , . • . . . . . ., • . . ! , oe,. .1 a ,, ' ' Alr'llalli .m. A• ...'-' :.. 60.-.., '..:Xv.N.---7... ..' _,---7--- -1- _.... _-_._,.72 , ,;;;;W----- - - -41,. - - izeeo.........) _ ...... — . _ . 1 1 -- - - . _ ,..... ,. . , . „ . . . . ..-.., ., . . 9r „.,.......m„...._. . .._-..„. ,..'-'' ... .,... .„ ..,..,...... .„, . ,,- -,....„.... ...,.... -- . die *to.. •.,l ', T ,, _._ - , -- .....,.. ..„ ...,_ .- ....- . .. .. .... -...,..... .,.., 47.-iP'*. '-vr'-'- ''''-----'-'-' ' -- . -- ' .• ''''' -- - . ,.........- . .•- . -:. •,,,f --' - -:.4-......„.. ..•. • , / 1 ., . . .. : . Walmart#1688 Agenda Item 14 Page 6 Disclosure Statement 1113 Virginia Beach APPLICANT'S NAME �s, IL' - #/(vs5`� 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 / c� 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 na c 111 IIS/ ON( / i,..{ I,,. , ,i, l I. 1, l.i 1. - ..i.1;,,•1.,.1:,, Page l of 7 1 I .tl_ ..11 A11(1 t II l11 1 lilt IL h ]�r�„ �„1 rl i t1 Onl ITI a ANT NO111II1)<n Ifl ARIN6 I-I L Nn t IIANGI S AS oI f--1' 912143CM— Carolyn Smrth 0 1<t 1 YSIIINs ti l itroi1 ii I> T If Walmart#1688 Agenda Item 14 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 121 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__)„d,JCS,A If an LLC, list all member's names: Out)I� hem 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 t and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. fl Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Er 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: 1a,'S If an LLC, list the member's names: UiCci L f.+511'6,)) Page 2 of 7 Walmart#1688 Agenda Item 14 Page 8 Disclosure Statement NB,„we Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) tial Mac+. S—ar , (1K— (-peg- e, :1 awk LOaiw S�v ,�hG 5"Hike le Vvv.€406ler) (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 SO percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Walmart#1688 Agenda Item 14 Page 9 Disclosure Statement #1688 APPLICANT Vi"tginfa Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Earnst&Young, your tax return London,United Kingdom E Architect/Landscape Architect/ Freeland-Clinkscales&Assoc. Land Planner Greenville,SC 121 Contract Purchaser(if other than Walmart Facilities Management, the Applicant)-identify purchaser Bentonville,AR and purchaser's service providers Any other pending or proposed No plans for disposition LI [ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) a0 Construction Contractors Forterra Corp,Norfolk,VA • CEngineers/Surveyors/Agents Engineering Services,Inc.,VA Bch Financing(include current We hold no mortgages. • ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E ❑ Legal Services Walmart Legal,Bentonville,AR Real Estate Brokers/ Walmart Realty,Bentonville,AR zAgents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have n n an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? ff �`` '' �11 �2X e VY�u' �VbIM )ai f W cLJI 11„, r±"± , I h L. i a �,,b1 he(d ua'�o,-, w too rvtJ �s lo& deft"► e . Page 4 of 7 Walmart#1688 Agenda Item 14 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • _�� � � Dennis Laughlin. Realty Mgr /Kt li,, APPLICANT'S SIGNATURE PRINT NAME. DATE _._—.__.._.. Page 5 of 7 Walmart#1688 Agenda Item 14 Page 11 Disclosure Statement #1688 PROPERTY OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Eamst&Young, your tax return London,United Kingdom EArchitect/Landscape Architect/ Freeland-Clinkscales&Assoc. Land Planner Greenville,SC © Contract Purchaser(if other than Walmart Facilities Management, IL_ the Aoolicant)-identify purchaser Bentonville,AR and purchaser's service providers Any other pending or proposed No plans for disposition n Ix purchaser of the subject property t 1 /� (identify purchaser(s)and purchaser's service providers) N n Construction Contractors Forterra Corp,Norfolk,VA I�\I ❑ Engineers/Surveyors/Agents Engineering Services,Inc.,VA Bch Financing(include current We hold no mortgages. El n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services Walmart Legal,Bentonville,AR Real Estate Brokers/ Walmart Realty,Bentonville,AR Eln 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? \ L • f TeAr eYVACuI 2)Vyv Walk-1k, et ►boat_ 5 eSklG. IS Page(p)f 7 Walmart#1688 Agenda Item 14 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicationn.. GH }i Dennis Laughlin Realty Mgr 5 I 1411�f PROPERTY OWNERS SIGNATURE ` PRIN1 NAME DATE Please see stock.walmart.com for 10-K and other information. Page 7 of 7 Walmart#1688 Agenda Item 14 Page 13 Disclosure Statement Delegation of Signature Authority I,Caroline Clarke Vice President of Wal-Mart Stores,Inc Wal-Mart Real Estate Business Trust Wal- Mart TRS. LLC Wal-Mart Realty Company.Wal-Mart Property Co Wal-Mart Stores Arkansas,LLC,Wal- Mart Stores Texas LLC Wal-Mart Stores East LP,Wal-Mart Louisiana LLC WSE Management,LLC, Wal-Mart Stores East LLC Sam's Real Estate Business Trust:Sam's TRS,LLC:Sam's East.Inc Sam's West Inc.Sam's Property Co,Sam's PW.Inc,Wal-Mart Puerto Rico,Inc:Wal-Mart corn USA.LLC, and North Arkansas Wholesale Co Inc (hereinafter collectively referred to as"the Company').hereby delegate to Sr Director, Realty Management Sr Manager II,Realty Management Sr Mana.- Realty Management-Lease Administration - - ager Management Realty Manager - - •.nager the authority to sign the documents set forth in Exhibit A,attached hereto and incorporated herein,on behalf of the Company,in their respective capacity for the Company Th:s delegation shall supersede and revoke any signature previously given to those in the above as of the date set forth below All acts and transactions of individuals in the positions above which were taken or made in good faith and prior to the formal delegation of authority to such position that are consistent with this delegation are hereby ratified and approved Caroline Clarke Vice President Subscribed and sworn before me on this /5 day of.4441, {- 2016 Notary Public Notary Seal i U�EICIAt SEAL NORMA K.MASSINGIU aENTON COUNTY NOTARY -',1vLIC . ARK�N 3A jC 8 11 OMMISSiON ESI'. A° COMMiSSiONn '•� Page 1 of 3 Walmart#1688 Agenda Item 14 Page 14 Disclosure Statement Exhibit A All signing authority contained herein must be done in compliance with Walmart Realty Division Corporate Governance. Sr.Director,Realty Management 1 Any documents related to the day-to-day disposition of the Company's tangible and intangible real estate interests as such are approved by the Walmart Realty Deal Committee,Walmart Realty Finance Committee,Walmart Realty Committee or such other committee as may be developed in the future(collectively,"Committees") 2 Any documents for transactions approved by the Committees,or transactions related to a substitution or sale lease back 3. Any document related to the day-to-day management of the Company's real estate interests but always subject to approval of the Committees if such document faits within the Committee's scope of authority. 4 Any short-term contracts for services to be performed,including,but not limited to surveys and Phase I reports. 5. Short-term(merchandise and remodel)warehouse leases for terms of up to and including two years where the yearly leasehold commitment is not greater than$250,000. 6 Agreements related to the end of a lease term regarding the condition of the building,etc. 7 Deeds which are required by pre-existing agreements to grant the property and/or condemnation situations.etc. 8 Temporary office leases for terms of up to and including two years where the total leasehold commitment is not greater than$100,000. 9. Settlements of asserted claims up to an amount commensurate with amount of the delegated invoice approval authority as long as such claims have not become a lawsuit or arbitration. 10.Vestibule leases,renewals,terminations and similar documents approved by the In-Store Lease Committees or such other committee as may be developed in the future(the`ILC-) 11 Lease Addendum/Attachment A assigning locations approved by the ILC 12. Subordination agreements,amendments and such other documents as necessary to administer the vestibule leases. 13 ECR Amendments. 14.Storage Rental Agreements with storage container or storage trailer suppliers. 15.Any documents that may be signed by positions reporting up to this position. Sr.Manager lt.Realty Management Sr,Manager.Realty Management—Lease Administration 1. SNDA and Estoppel documents 2. Lease Amendments to set the term.square footage 3. Short Form Memorandum 4 Lease Addendum/Attachment A assigning locations 5. Utility Easements 6. Short-term(merchandise and remodel)warehouse leases for terms of up to and including one year where the yearly leasehold commitment is not greater than$100,000. 7 License Agreements 8. Easements/Right of Entry Agreements 9. ECR Amendments approving variations(i.e.,height and building size,signage) 10. Standard closing documents(i.e.owners affidavits,non-foreign status affidavits,etc.) 11.Any affidavits,permits,applications or other sknilar documents that generally pertain to day-to- day business operations. 12 Any short-term contracts for services to be performed,including,but not limited to surveys and Phase I reports Page 2 of 3 Walmart#1688 Agenda Item 14 Page 15 Disclosure Statement 13 Any other doc.iments for transactions that(a)have been approved by the Committees or relate to sae leaseback substitution transact ons and(b)which ale part of the closing process but which are not to be recorded,,ncluding but not limited to settlement statements and acknowledgements of a 1031 exchange 14 Any documents that may be signed by positions reporting up to tnese p-:sitions Sr.Manager I,Realty Management 1 SNDA and Estoppel documents 2 Right of Entry Agreements 3 Any short-term contracts for servces to be performed in furtherance of u real estate transaction ncluding but not invited to surveys and Phase I reports as long as the cost of such services do not exceed the lesser of$10.000 00 or the invoice approval limit for the individual 4 Any other documents for transactions that(a)have been approved by the Committees,o'relate to sale leaseback substitution transactions and(b)which are part of the dosing process but which are not to be recorded,including but not limited to settlement statements and acknowledgements of a 1031 exchange 5 License Agreements with thirty(30)day termination clause 6 Any affidavits permits.applications or other similar documents that generally pertain to day-to- day business operations 7 Letters approving variations to building size.heignt use or other related action 8 Any documents that may be signed by positions reporting up to this position j'Realty Manager 1 License Agreements with thirty(30)day termination clause 2 Any affidavits permits.applications or other similar documents that generally periai to day-to- day business operations 3 Letters approving variations to building size height use or other related action Sr.Asset Manager Lease Addendum/Attachment A assigning ocations approved by the la.. Page 3 of 3 Walmart#1688 Agenda Item 14 Page 16 Item#14 Walmart#1668 Conditional Use Permit Bulk Storage Yard 657 Phoenix Drive District 6 Beach August 10, 2016 REGULAR Jan Rucinski: We have reached the last item on the agenda. Item 14,Walmart#1688 is an application for a Conditional Use Permit for a bulk storage yard on property located at 657 Phoenix Drive, District 6, Beach. Jeff Hodgson: Good afternoon. Jan Rucinski: Would you please state your name for the record. Jacqueline Russell: My name is Jacqueline Russell,Store Manager at Walmart at Phoenix Drive. I am here to ask for temporary storage of containers placed, and for clarification,to be placed on the right side of my facility versus the back of the building. On my initial application,there were two proposed areas to place storage containment, but on the back of my building I have no drive through so it is basically backs up to grass. Because about five years ago,Walmart went through an expansion,so I am up to grass, and to the lake that is behind me. So, I am requesting for 10 storage containers to be placed on the right side of the building for the allocated four months. Jeff Hodgson: Do you have an aerial that you could show? Jacqueline Russell: It is going to be right here. As you can see,there is grass. It is like a big forest on the right side of my building and where they would be placed,there is an office complex right here. They wouldn't even have view of it. It would stop probably right there. And on that side of the building, I don't use it for anything, to be honest, I have a pick-up, and all my grocery pick-up is also on that side, but it will be placed in front of that and not have some sort of barrier if needed,so the customers don't see it when they pick up their orders. Jeff Hodgson: Are there any questions for Ms. Russell? Ms.Oliver. Dee Oliver: The application states 13 storage containers. You want ten? Jacqueline Russell: I can only use 10. When I measured it, I cannot fit 13 on that facility. Dee Oliver: Okay. Jeff Hodgson: Mr.Thornton? Bob Thornton: I was just going to say your colleagues have all come in for 30 to 10 and you're going from 13 to 10, so we're all moving in the right direction. Item#14 Walmart#1668 Page 2 Jacqueline Russell: We are. Bob Thornton: The conditions that we placed on those others, I assume you were here and heard the dialogue. Would you be comfortable with those? Jacqueline Russell: I am comfortable with those conditions. Bob Thornton: A time line from September to January and a limit of 10 and two year review. Okay? Thank you. Jacqueline Russell: Yes. Jeff Hodgson:Thank you. Are there any other questions? Thank you. Jan Rucinski: We have one speaker in opposition and that's Eddie Bourdon. Jeff Hodgson: Please state your name for the record. Eddie Bourdon: For the record, Eddie Bourdon,a Virginia Beach attorney. I'm here representing the Sifens,who have spent millions of dollars developing an office building here,office buildings here, office building here(pointing to PowerPoint). This Walmart previously tried to get approval to put storage containers here and they typically have trucks behind the building,where there is a loading dock,for weeks at a time. I understand that. It is part of business. They removed this storage container here a few years ago when they applied for their storage permit for their seasonable plantings,etc.,etc. And we worked with the Staff and were satisfied with that. With what I just heard, my opposition is somewhat lessened but there are some things, I guess, I'll talk to you a little bit about. Many years ago, I had the opportunity to represent Virginia International Terminal,who had a big problem with all these containers. When they sought approval on a piece of property that E.V.Williams owned at the time on Military Highway to store these containers-Virginia International Terminals provides a huge financial impact on our community, unbelievable,far in excess of Walmart and we were told "no,we don't want those things in our community." I represent many storage facility builders, including the client I am here for today,and we build some of the most attractive, look like office buildings storage facilities that you will find anywhere. And we scrutinize them. And we make sure they look good. And we screen them. I will talk about last month, and the reality of it is, I represented Home Depot. They were the ones who kicked this off way back in the day when they built the Home Depot on Princess Anne Road and they had some containers behind that Home Depot on Princess Anne Road,that is what kicked this off. Soon thereafter,the Walmart that was here first at Red Mill and the Home Depot at Red Mill had to come in here. Then I had a Home Depot,the one at Little Neck. They got approval for one temporary container behind their building. I get the one at Red Mill. I'm not like Karen. I don't drive around back there. At least it is all commercial. I don't have a beautiful red car where everybody tries to bump in to it. That made a little bit of sense to me. And maybe, I don't know how you get ten over here, maybe putting them over here if these folks don't object to it. Temporary isn't the end of the world, but it is not anyway to run the railroad guys. I've got an application you're going to hear next month on Baxter Road for the G.M.Scullies,who are doing a self-storage facility behind in an old shopping center they own. It used to be a Food Lion. I will just ask you.When you go on the van trip,take a look to the east and the west of the site. It is in the Pembroke SGA. You will see barbed wire,you will see an industrial Item#14 Walmart#1668 Page 3 storage yard,and you will see a storage container like this up against the barbed wire fence.They are hideous. Your conditions and all, but ultimately this is a bad precedent to set period. I understand two years. Where do you draw the line between you're okay to have it and you're not okay to have it? And 20? Oh my gosh, 13 or 10 over here? There has got to be a better way. That is just the reality. There has got to be a better way. I think you make every self-storage facility build their storage facility, not these containers. We said we don't want them. We told Virginia International Terminals we don't want them in our City,so why are we letting Walmart put 20 of them behind the building. I don't get it. I'm sorry. You all did it for two years and I'm not trying to be preachy, but I just think it is a bad precedent all the way around. Jeff Hodgson: Hopefully those few years will allow them to come up with a better solution. Eddie Bourdon: I do understand. Jeff Hodgson: We all agree with you. Mr. Inman. Mike Inman: I just didn't want you to let him go. He was trying to get away. Eddie Bourdon: I don't disagree with the two years to find a solution, but I think it needs to find a solution and don't come back in two years.That is what I think. For what it is worth. Mike Inman: So,what would you have us do with this application? Eddie Bourdon: Since she has removed behind the building and it is only up here and I don't believe there is any visibility to my client's properties up in this corner. I don't represent anybody over here;so, if you all want to do the same thing you did. I'm not going to sit up here and say we don't want to see anything behind the building. We don't want to see anything over on Sabre Street because we can't see what they do over here. It just necessarily makes it a good idea from a policy standpoint, but from perspective of my client, if you all want to do the same thing you did before? Mike Inman: So this photograph that we're looking at now and I'm asking Staff, is that the north side of the building that I'm looking at there? This is not the part that abuts Mr. Bourdon's client's site right? Carolyn Smith: Correct. That is the northern property line. Mike Inman: So this is the northern line? Carolyn Smith: You're looking west. Mike Inman: So,your client has the office building that is on that side? Eddie bourdon: That's right. Mike Inman: There is a BMP back there right? Eddie Bourdon: A BMP and there are trees there.The building basically lines up with the back of the Walmart. If they store things on the north side, and up in the northeast corner of the building, as was indicated by the young lady who spoke,we're not going to see it or be impacted by it. I just want to Item#14 Walmart#1668 Page 4 make the point that it ought to be and I know you all will agree and this should be truly temporary and not something that goes on for years and years. Mike Inman: What we talked this morning and to the screening on certain sites where we thought there was an impact on neighboring properties; so,someone talked about that. I don't want to get into a discussion about it. So, is there any screening back there on the back of the Walmart building? Is there screening there? Eddie Bourdon: Mr. Inman, if they only use this area,we are screened. It is the area back there that their application indicated they wanted to put these containers and we have a history of them having trying to put them out here on Sabre Street. That was years ago. I am sure that young lady wasn't there at that time. That has been dealt with. It is not happening any longer. Mike Inman: I'm not entirely clear between the back of the Walmart.That is not the back. Your client's building-is there screening in terms of vegetation of the trees,the shrubs? Does it block the views? Eddie Bourdon: There is vegetation. This is highly vegetated and across the back. Mike 'man: Who owns that vegetation? Is that on the Walmart site or is it on your site? Do you know? Eddie Bourdon: To the north, I have no idea. Back to back. Mike Inman: West side. Eddie Bourdon: Most of it is on ours. There may be some on theirs. I can't say with certainty that there is some there, but most of it is on ours. The BMP is on our site,something that we developed. Karen Kwasny: I'm wishing you had come up here two items ago on the Walmart issue that I might have had a little more confidence in my original thinking of 10 versus 20 because I felt strongly about that but most of my other Commissioners felt that 20 was a good and reasonable number, and that is where we are. However, I do think that needs to be said because we are not asking for an administrative review, we're asking that they come back in front of the Commission. And so when they come back in front of the Commission,those of us who are still present will have this in mind, because we generally remember like elephants on the Commission regarding items that we have already discussed and have these kinds of concerns about. But when these go to Council, all of this discussion will be on the record in relation to a gratuitous number or a number that is more reasonable to go through a review. I think you got a very valid point in relation to setting precedence throughout the city of this kind of storage matter, lack of a better term. Eddie Bourdon: I do what I do. I try to watch the road when I'm driving, but it hard to see what is going on just like Mr. Redmond does. People who are in commercial real estate, Mr. Ripley, etc.,there are a number of these that if you are really looking you will see but they are typically one here,one there, well hidden behind a building out of sight. It is not affecting people. So, it is hard making rules and regulations, but when you hear numbers like 20, and these are big containers,there is a better way. That is my only point. Item#14 Walmart#1668 Page 5 Jeff Hodgson: Mr. Redmond. Dave Redmond: So,can I just ask because Mike kind of hit on it. Are those containers visible from Mr. Sifen's property in the rear of that Walmart? Eddie Bourdon: If they were completely in the rear,they would be. Where she is indicating they will be placed,they wouldn't be, and we still prefer they not be there at all. That is our position, but at the same time, if it is clearly temporary, and it is only going to be in that northeast corner where she indicated, I don't think anybody is going to absolutely feel crazy. Mike Inman: Can we see the drawing that has the little circles on it with the proposed storage area? You have a problem with that? Eddie Bourdon: I have a huge problem. She said no to this. Mike Inman: What I was trying to get at was asking you about the screening between the back of the Walmart. Eddie Bourdon: They said they wouldn't do anything here. Mike Inman: They are not going to place anything there. Eddie Bourdon: I heard her say she modified.She only wanted to put them up in this area. Dee Oliver:Yes, but she can't go... Eddie Bourdon: If we split developing and say the only place she can place them is back of the front wall to half way down, 60 percent down, but for two years it is not going to be the end of the world. Dee Oliver: I might be wrong Eddie, but the way I understood it where you split the building it is reversed from her. Eddie Bourdon: In the back? Mike Inman: In the back. Dee Oliver: She is going back.She is going to back to the corner. Eddie Bourdon: I thought... Dee Oliver: To about two-thirds towards the front. Eddie Bourdon: No. We don't want anything back in the back. I'm sorry, I thought she said. Jeff Hodgson: Hold up. The stuff that backs up to your client's property, nothing in that round circle, but instead of starting at the front of the Walmart and running them towards the back,she is going to start in the back corner,and go forward. Item#14 Walmart#1668 Page 6 Eddie Bourdon: I misunderstood that. That is my mistake. We would not want anything back here in the back of the building,the back half of the building,the back third of the building. Dee Oliver: The rear corner about two-thirds towards the front. Eddie Bourdon: Correct. Again, I am not trying to argue against my position. Mike Inman: I have seen that. I have known that. I know that particular little strip. And you will be able to see them if you put them up towards the front and people that are coming into the Walmart or whatever,all of that should be moved up close to the front.You don't really want that. And there is screening back there. Eddie Bourdon: I'm sorry, I misunderstood what she said. My apologies. Mike Inman: She's got the screening, and I wanted to make a condition that Walmart maintain the screening to the extent it is on their property,that they maintain that screening there, and not disturb it, and not take it down. Jeff Hodgson:That last picture. I'm sorry Ms. Oliver,go ahead. Dee Oliver: Do you mind going back one more time to the circles because I just want to ask Eddie something,the one at the top of the screen. She is going to put the containers in the rear of the building,go to the rear about two-thirds to right about there. Are you opposed to that? Eddie Bourdon: Yes. Dee Oliver: Okay, regardless of what the screening is on the side because that doesn't impact you? Eddie Bourdon: Right. Mike Inman: I don't think you will be able to see that from your client's building. Eddie Bourdon: The back and back third, I think that is very possible. Jeff Hodgson:When I saw that, if you go to the photograph,that is a lot of tree canopy. Eddie Bourdon: The distance makes. You can't see what's there. You also can't see the angle coming across. I'm not arguing with you. I'm not suggesting that you're wrong. I just do not know. I've been out there. I haven't been out there in a couple of years as far as to look at the screening. You may be correct. Given my orders to oppose, I was trying to be magnamous, here nobody gets hurt and get a couple of years to figure it out but our preference should. This area in here,as you can see, it is not as thick as it as portrayed looking down. Carolyn Smith: Mr. Bourdon,your client's property is to the left of the screen. You are looking north. Jeff Hodgson: Okay. Item#14 Walmart#1668 Page 7 Bob Thornton: So,your client now Eddie looks at the big concrete block wall blocking the tractor trailers and the 200 foot link to the back of the building. Eddie Bourdon: And across the street,which is his as well. He looks straight down here and straight at this. He sees everything that is back here from the office building across the street. And out on Sabre Street,which where this is looking from Sabre Street looking north. There isn't as much vegetation as there is over here. Bob Thornton: My guess is if we were to allow them to put containers along that line,they can't put them there until they get all the way at the end. You couldn't put a container in there and get traffic through it. Eddie Bourdon:That is what I heard the young lady say. Bob Thornton: It has to go around the corner because it won't fit. Carolyn Smith:They have withdrawn their request to place any containers along that portion of the property. Eddie Bourdon:That is what I understood her to say. Bob Thornton: Tell Mr. Sifen,we heard you loud and clear. Mike Inman: We appreciate it if you would honestly give us a list of places that you know where we can go and study containers. Eddie Bourdon: Just when you go on the van trip next month to Baxter Road. Take a look around. Jeff Hodgson: Thank you. Ms. Russell? Jacqueline Russell: Alright. I have a couple of things. One was the question was asked about the amount of containers that was going to be used at my facility versus some of the other stores. So, my store volume,which I am not going to get into the financials, does less volume than the other two facilities that were previously up here. I have a smaller facility. I'm about 159,000 square feet. Their building is over 200,000 square feet. So, I have just a smaller setup. So, having said that, last year I had 16 containers with various sizes ranging from 40 foot to 20 foot based on the area that I had to work with. So,Walmart's logistics is going towards the path of reducing those amount of trailers. So,with the two year application,we're going there. They have already reduced stuff as a company to cut back, utilizing the space that we have in the back and following our processes that we're basically teaching our associates to do. And that is the reason, like I guess,from 20 to 10. I do a lot less volume than the other two stores,so I have a lot less freight that comes into my facility versus the two other stores. With the conversation piece from his client,you cannot see those trailers from there. You cannot drive behind my building. You saw that snapshot where you saw the loading dock and the two trucks over there that is pretty much where it stops at. So, like where you see where it stops right there,that is it,and you still, and I don't even know how many feet or foot or building that is still left that basically backs up to grass.So,when I am driving around my building and I cannot drive around my building. I have to turn around and go to the other side in order to see the side lot. There is tons of vegetation over on that Item#14 Walmart#1668 Page 8 right side that you saw right there and on the back. And there is a lake behind there. So,there is not going to be any visible sightings he is going to see if I did place them along Sabre or behind,which I cannot do,than on Sabre Street. That is why they are not going to be placed there. Jeff Hodgson: Are there any questions for Ms. Russell? Mr. Ripley. Ronald Ripley: I just got a statement. I think the Walmart community needs to take it back and figure out a way over the next two years to reallocate your space or something to accommodate this. This issue is not going to get any easier for you. I think in the interest of working together and wanting commerce to continue to flow the way it should flow, I think this is what this is about. So, but I think just like anybody else,you have to figure it out. Don't come back here in two years and say I only need seven. I don't think that is the answer. I think the answer is how do you fit it in to your building? Rearrange things that you can accommodate it and then everybody is happy. Jacqueline Russell: So,you know, I've been with the company for about 15 years, and I've seen a lot of changes with my corporation. And the biggest change that I've have seen,the first Walmart I've actually worked at, I was an hourly associate, and I walked in and it was lay-a-way season, and there was probably 50 trailers outside, a different county.This was York County. And seeing the growth that we have done as a corporation by eliminating the use of external storage, it has been a positive impact in our stores. We are headed that way.Yes,do we get flooded with the seasonal merchandise for our customers and making sure that we provide the best price for our customer on holiday season?Sure we do. And like a previous manager said earlier, it takes about two weeks sometimes to get that merchandise into our building. So, we sometimes have to have that extra external storage. Are we going to the area where we're not going to have that external placement any more in the future? Yes, we are. We are not just there yet. So,we're working on that. We've done so much with online grocery pickup.We've done Walmart pay. You go into the store. You pay with your phone. So,we're being innovative. We're going in that direction, and with those innovations comes the process to figure out a way to have less inventory in the building and provide for that customer at the same time. But, at this time,we are asking for permission to have that external storage until we get to the point where we need to be at. Jeff Hodgson:Are there any other questions? Mr. Horsley. Don Horsley: I think what you're saying is what we're looking for between now and the next two years. Maybe you can help us as a locality to be able to deal with this situation because we know you're heading in the right direction and that is what we're looking for because if we give you all this,the next time there will be another group to come in and want to do the same thing. We got to address it,and I'm sorry maybe because of three of you came in today and it was a red flag today but it is not that we're against business. We're very pro-business. But we just need to protect the integrity of our City and our citizens in our City;so,we hope you're understanding that you're all are going to help us to get to that. Jacqueline Russell: We do understand. It is definitely a cost factor when it comes down to it at the end of the month. So,we're working on it. We've made huge improvements and then as a consumer you don't see the logistic side of that operational piece, but I can tell you that we're working on it. It will get better. Don Horsley: We look forward to that. Item#14 Walmart#1668 Page 9 Jeff Hodgson: Thank you very much. No other speakers. We'll clos the public and open it up for discussion. Is there a motion? Karen Kwasny: I think we got kind of stuck on there. The visual aspects of this last one, and I think the applicant is probably the most articulate about what the real issue is,which is reducing the number of containers on the site.Where they are now matters for these applications that we've agreed to today but on site no matter where they are, and I'm continuing to encourage them that no matter what we've given them a maximum that they do their best to come under that throughout the time frame we've given them to have those on site. So,we may have said 20, but it seems to me from the last speaker that they are actually have in motion an initiative to reduce those over time,and so, maybe we won't see the maximum on the site. So I would encourage each one of the managers, perhaps to do their best not to have the maximum on site,to bring the number down as often as possible and it is encouraging to know that Walmart actually is working to reduce their use of those type of storage facilities,so no matter where they are, reduction is key. Jeff Hodgson: Mr. Redmond. Dave Redmond: Mr. Bourdon, I also note that I think it would probably help City Council if you would relate your concerns with regard, and not just to this location but that the idea of these trailers in general perhaps prior to their meeting,so they have some time to chew on it and get to understand it as well. Thank you. Jeff Hodgson: Is there anybody else? Would anybody like to make a motion? Bob Thornton: I move that we approve it. Add to the conditions that we will limit the number of containers to 10, it will have the same time line,September 15 to January 15, and we would bring it back for review in 24 months. Jeff Hodgson: A motion made by Commissioner Thornton. Carolyn Smith: Do you want a review or you want the Use Permit to be for two years. Bob Thornton: It will be for two years. I stand corrected. Carolyn Smith: Thank you. Ron Ripley: Did you specify where the containers should be located? Bob Thornton: No. Do you all want to add that as a condition? It would be that we would add as a condition that it will be along the north boundary of the building. I wouldn't limit it to front to back,or back to front. There was a two bubble drawing. We removed the western bubble and keep the northern bubble. I know that is not very technical. Jeff Hodgson: Mr. Inman. Mike Inman: I agree with everything that Mr.Thornton said but I would ask that we if you would Item#14 Walmart#1668 Page 10 consider adding to the motion that Walmart will properly maintain the screening that is currently there along the north boundary. Jeff Hodgson: Would you like to add that motion? Bob Thornton: Sure. Jeff Hodgson: A motion made by Commissioner Thornton. Is there a second? Dee Oliver: I'll second it. Jeff Hodgson: A second by Commissioner Oliver. Did you get all those changes Mr.Weeden? AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Walmart 1688 with the condition no more than 10 containers,time frame from September 15 to January 15, Use Permit up to two years,containers are placed along the northern portion of the building, and Walmart shall maintain the screening. Jeff Hodgson: Very nice. Is there any further business? If not,on behalf of my fellow Commissioners, I would like to thank everyone for attending today's hearing, and I would like to thank Mr. Frankenfield and his department for their outstanding work. Barry Frankenfield:Thank you very much. Jeff Hodgson: The meeting is adjourned. / 1N a it ' yf4 � ,„ _.,-, ..,,:„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 4.1 AND TO ADD SECTION 1.115 OF THE SITE PLAN ORDINANCE, PERTAINING TO THE LOWEST FLOOR AND PLAN NOTES IN REGARD TO THE FLOODPLAIN. MEETING DATE: September 20, 2016 • Background: When the Floodplain Ordinance was enacted in late 2013, the provisions of the Site Plan Ordinance were not amended to align with the provisions of the Floodplain Ordinance regarding what is permissible on the lowest floor of a structure and site plan notes documenting two feet of required freeboard. This amendment will conform the Site Plan Ordinance to the Floodplain Ordinance in allowing garages, and other enclosures used for parking, storage and access, to be constructed below the two feet of freeboard with the proper venting and materials. The amendment to the Site Plan notes will also reflect the two feet of required freeboard and its determination from the Flood Insurance Rate Maps. • Considerations: This Ordinance will align the Site Plan Ordinance with the Floodplain Ordinance, and is a necessary housekeeping item. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. Staff was not made aware of any opposition to this request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statement Minutes of Planning Commission Meeting Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department (fastitAW___) Ili City Manager: i qr/t; Applicant City of Virginia Beach Agenda Item Public Hearing August 10, 2016 Lowest Floor and Plan Notes in Regard to the Floodplain 3. 5 c„,, Virginia Beach Request An Ordinance to Amend Section 4.1 and to Add Section 1.115 of the Site Plan Ordinance, pertaining to the Lowest Floor and Plan Notes in regard to the Floodplain. Summary of Request When the Floodplain Ordinance,Appendix K, was enacted in late 2013,the provisions of the Site Plan Ordinance, Appendix C, were not aligned with the provisions of the Floodplain Ordinance regarding what was permissible on the lowest floor of a structure and site plan notes documenting the two (2)feet of required freeboard. This amendment will conform the Site Plan Ordinance to the Floodplain Ordinance in allowing garages, and other enclosures used for parking, storage and access to be constructed below the two (2)feet of freeboard with the proper venting and materials. The amendments to the Site Plan notes will also reflect the two (2)feet of freeboard required and its determination from the Flood Insurance Rate Maps (FIRM). Recommendation Staff recommends approval to bring the Site Plan and the Floodplain Ordinances into conformity. The ordinance for City Council's consideration is found below. City of Virginia Beach Agenda Item 15 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 4.1 2 AND TO ADD SECTION 1.115 OF THE SITE 3 PLAN ORDINANCE, PERTAINING TO THE 4 LOWEST FLOOR AND PLAN NOTES IN 5 REGARD TO THE FLOODPLAIN 6 7 Section Added: Site Plan Ordinance § 1.115 8 Section Amended: Site Plan Ordinance § 4.1 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 16 That Section 4.1 is hereby amended and Section 1.115 is hereby added to the 17 Site Plan Ordinance reordained, to read as follows: 18 19 Sec. 1. Definitions. 20 21 . . . . 22 23 1.11. Landscape design. The planned treatment of land, structures and flora 24 complementing building construction or land development. 25 26 1.115 Lowest floor. The lowest floor of the lowest enclosed area (including basement). 27 An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, 28 building access, or storage in an area other than a basement area is not 29 considered a building's lowest floor, provided that such enclosure is not built so 30 as to render the structure in violation of the applicable non-elevation design 31 requirements of 44CFR § 60.3. 32 33 1.12. Parcel. A piece, parcel, lot, tract or site or other dimension of land. 34 35 . . . . 36 37 COMMENT 38 39 The addition of"lowest floor"will bring the Site Plan Ordinance into conformity with the 40 Floodplain Ordinance requirements allowing garages and other enclosures used for parking, 41 building access or storage to be constructed below the two (2) foot freeboard requirement with 42 proper venting and materials City of Virginia Beach Agenda Item 15 Page 2 Ordinance 43 44 Sec. 4. Information required on site development plan. 45 46 4.1. A site plan, prepared, stamped and endorsed by a registered engineer, surveyor 47 or other persons duly licensed by the Commonwealth of Virginia to practice as such, 48 shall be submitted with every application for approval. A sufficient number of copies of 49 the site plan shall be submitted, as the planning director shall require and shall contain 50 the following information: 51 52 53 54 B. Existing and required site features and improvements: 55 56 . . . 57 58 4. The topographic survey, showing the elevation of streets, alleys, buildings, 59 structures, water courses and their names. The topography shall be shown by 60 adequate spot elevations. The finished grade for the entire site shall be shown 61 and the proposed lowest floor elevation of all buildings 62 _. .- - - - - --- - --• - - - -- - - -- - - - -- - - e - : 63 shall be a minimum of one (1) foot two (2) feet above the 64 elevation of (a) the flood water of record of [or] (b) the intermediate flood level 65 as determined by the U.S. Army Corps of Engineers or (c) the flood level as 66 - •••--_ •- .___ _ . .. _ - _ shown on the Flood Insurance 67 Rate Maps, whichever is greater. All elevations shall be referenced to North 68 American Vertical Datum (NAVD) of 1988. All horizontal dimensions shown on 69 the site development plan shall be in feet and decimals of a foot. All bearings in 70 degrees, minutes and seconds. Additionally, on all residential site plans single- 71 family, two-family, duplex and townhouses, the following information must be 72 provided: 73 74 a. The following statements and information shall appear on the site plan: 75 76 (1) "The lot grading on this plan is in accordance with the latest subdivision 77 construction plan submitted to and approved by the director of planning 78 or his designee on (indicate date of approval)." 79 (2) "The lowest floor elevation shown is one-feet two feet above the base 80 flood elevation as adopted by the City of Virginia Beach." (Excoption 81 - - - - -= -- -- - - - - -- - -- - --- -- -82 83 (3) The elevation of the curb (if existing or proposed) in front of each lot 84 shall be indicated. 85 (4) Elevations of the top of bank and toe of slope and limits of fill necessary 86 to construct the dwelling unit, including access, shall be indicated. 2 City of Virginia Beach Agenda Item 15 Page 3 Ordinance 87 (5) "The proposed residential dwelling structure is not located in a special 88 flood hazard area as determined from Di the National Flood Hazard 89 Insurance Program Flood Insurance Rate Map (FIRM) Community- 90 Panel No. ;#rule; dated ." for any residential lot located 91 wholly or partially within the floodplains subject to special restrictions of 92 section 4.10 of the Floodplain Ordinance (Appendix K) and recorded 93 after the effective date of this ordinance ([October 23, 2001]). 94 (6) "ALL OR A PORTION OF THIS SITE IS LOCATED IN A SPECIAL 95 FLOOD HAZARD AREA, AS DETERMINED FROM BY THE 96 NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE 97 RATE MAP (FIRM) COMMUNITY-PANEL NO. DATED 98 / / ," for any land located in 99 the Special Flood Hazard Area, as shown on the most recently City 100 Council adopted Flood Insurance Rate Map (FIRM) prepared by the 101 United States Federal Emergency Management Agency. 102 103 104 COMMENT 105 106 The amendments to the site plan notes bring them into compliance with the Floodplain 107 Ordinance requirements, which use the FIRMs to determine flood zone and base flood elevation, 108 require two (2) feet of freeboard for all new structures and substantial improvements to existing 109 structures and allow garages and other enclosures used for parking,building access or storage to be 110 constructed below the two(2)foot freeboard requirement with proper venting and materials. 111 112 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: ,ofej P . in' Iepartment City Attorney's Office CA13128 R-4 July 18,2016 3 City of Virginia Beach Agenda Item 15 Page 4 Item#15 City of Virginia Beach An Ordinance to Amend Section 4.1 and to Add Section 1.115 of the Site Plan Ordinance, pertaining to the Lowest Floor and Plan Notes in regard to the Floodplain August 10, 2016 CONSENT An Ordinance to Amend Section 4.1 and to Add Section 1.115 of the Site Plan Ordinance, pertaining to the Lowest Floor and Plan Notes in regard to the Floodplain. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 15. AYE 15 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 15 for consent. Kevin Kemp appeared before the Commission. 1 AN ORDINANCE TO AMEND SECTION 4.1 2 AND TO ADD SECTION 1.115 OF THE SITE 3 PLAN ORDINANCE, PERTAINING TO THE 4 LOWEST FLOOR AND PLAN NOTES IN 5 REGARD TO THE FLOODPLAIN 6 7 Section Added: Site Plan Ordinance § 1.115 8 Section Amended: Site Plan Ordinance § 4.1 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 16 That Section 4.1 is hereby amended and Section 1.115 is hereby added to the 17 Site Plan Ordinance reordained, to read as follows: 18 19 Sec. 1. Definitions. 20 21 . . . . 22 23 1.11. Landscape design. The planned treatment of land, structures and flora 24 complementing building construction or land development. 25 26 1.115 Lowest floor. The lowest floor of the lowest enclosed area (including basement). 27 An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, 28 building access, or storage in an area other than a basement area is not 29 considered a building's lowest floor, provided that such enclosure is not built so 30 as to render the structure in violation of the applicable non-elevation design 31 requirements of 44CFR § 60.3. 32 33 1.12. Parcel. A piece, parcel, lot, tract or site or other dimension of land. 34 35 . . . . 36 37 COMMENT 38 39 The addition of"lowest floor" will bring the Site Plan Ordinance into conformity with the 40 Floodplain Ordinance requirements allowing garages and other enclosures used for parking, 41 building access or storage to be constructed below the two (2) foot freeboard requirement with 42 proper venting and materials 43 44 Sec. 4. Information required on site development plan. 45 46 4.1. A site plan, prepared, stamped and endorsed by a registered engineer, surveyor 47 or other persons duly licensed by the Commonwealth of Virginia to practice as such, 48 shall be submitted with every application for approval. A sufficient number of copies of 49 the site plan shall be submitted, as the planning director shall require and shall contain 50 the following information: 51 52 . . . . 53 54 B. Existing and required site features and improvements: 55 56 . . . . 57 58 4. The topographic survey, showing the elevation of streets, alleys, buildings, 59 structures, water courses and their names. The topography shall be shown by 60 adequate spot elevations. The finished grade for the entire site shall be shown 61 and the proposed lowest floor elevation of all buildings (except for detached 62 63 year flood elevation) shall be a minimum of one (1) foot two (2) feet above the 64 elevation of (a) the flood water of record of [or] (b) the intermediate flood level 65 as determined by the U.S. Army Corps of Engineers or (c) the flood level as 66 determined by the department of public works shown on the Flood Insurance 67 Rate Maps, whichever is greater. All elevations shall be referenced to North 68 American Vertical Datum (NAVD) of 1988. All horizontal dimensions shown on 69 the site development plan shall be in feet and decimals of a foot. All bearings in 70 degrees, minutes and seconds. Additionally, on all residential site plans single- 71 family, two-family, duplex and townhouses, the following information must be 72 provided: 73 74 a. The following statements and information shall appear on the site plan: 75 76 (1) "The lot grading on this plan is in accordance with the latest subdivision 77 construction plan submitted to and approved by the director of planning 78 or his designee on (indicate date of approval)." 79 (2) "The lowest floor elevation shown is one foot two feet above the base 80 flood elevation as adopted by the City of Virginia Beach." (Exception 81 detached residential garages and storage areas shall be located at or 82 above the base flood elevation.) 83 (3) The elevation of the curb (if existing or proposed) in front of each lot 84 shall be indicated. 85 (4) Elevations of the top of bank and toe of slope and limits of fill necessary 86 to construct the dwelling unit, including access, shall be indicated. 2 87 (5) "The proposed residential dwelling structure is not located in a special 88 flood hazard area as determined from y the National Flood Hazard 89 Insurance Program Flood Insurance Rate Map (FIRM) Community- 90 Panel No. ;#rule; dated ." for any residential lot located 91 wholly or partially within the floodplains subject to special restrictions of 92 section 4.10 of the Floodplain Ordinance (Appendix K) and recorded 93 after the effective date of this ordinance ([October 23, 2001]). 94 (6) "ALL OR A PORTION OF THIS SITE IS LOCATED IN A SPECIAL 95 FLOOD HAZARD AREA, AS DETERMINED FROM BY THE 96 NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE 97 RATE MAP (FIRM) COMMUNITY-PANEL NO. DATED 98 / / ," for any land located in 99 the Special Flood Hazard Area, as shown on the most recently City 100 Council adopted Flood Insurance Rate Map (FIRM) prepared by the 101 United States Federal Emergency Management Agency. 102 103 104 COMMENT 105 106 The amendments to the site plan notes bring them into compliance with the Floodplain 107 Ordinance requirements, which use the FIRMs to determine flood zone and base flood elevation, 108 require two (2) feet of freeboard for all new structures and substantial improvements to existing 109 structures and allow garages and other enclosures used for parking,building access or storage to be 110 constructed below the two(2)foot freeboard requirement with proper venting and materials. 111 112 . . . . 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: 414r/ e- a4t0 Department City Attorney's Office CA13128 R-4 July 18, 2016 3 L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** CITY COUNCIL GOAL SETTING RETREAT 8:30 AM - 4:30 PM WEDNESDAY, SEPTEMBER 21,2016 4525 MAIN STREET, SUITE 700 TOWN CENTER CITY COUNCIL SESSIONS ELECTION DAY TUESDAY, NOVEMBER 8, 2016 CANCELLED EVERYONE PLEASE EXERCISE YOUR PRIVILEGE TO VOTE 09/20/16 tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 09/06/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H L W O Y LN A O O O R S 0 R EEENSNM 100 T R Y S E S DSNND 1 CITY COUNCIL'S BRIEFING A. MEDICAID EXPANSION Tom Prevette— Director,Advocacy and Community Relations/Bon Secours Virginia Health B. CERTIFICATE OF PUBLIC NEED Julie Dime—Vice President of Government Advocacy Virginia Hospital/Healthcare Assistant 11. CITY MANAGER'S BRIEFINGS A. A. LEGISLATIVE PACKAGE Robert Matthias— Assistant to the City Manager B. ECONOMIC DEVELOPMENT Douglas Smith— INCENTIVE PROGRAMS Deputy City Manager C. ARENA UPDATE Douglas Smith— Deputy City Manager IIUIVN/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y VUVII. SESSIONS A-E F MINUTES AUGUST 16,2016 APPROVED 10-0 Y AY Y Y Y Y Y Y Y Y G FORMAL SESSION AGENDA H PUBLIC HEARINGS I. Lease of City Property at 2425 Nimmo No Speakers Parkway, Virginia Beach Bar Association. 2. Allocation of Byrne Memorial Justice No Speakers Grants to: a. Sheriff's Office$40,000 b. Police Department$43,542 c. Community Corrections and Pretrial $13,704 ADD ON Ordinance to TRANSFER$339,365.25 ADDED 10-0 Y A Y Y Y Y Y Y Y Y Y to Police Federal/State Seized Assets Special Revenue Fund and$186,667.32 to the operating budget of the Commonwealth Attorney 1.1 Ordinance AUTHORIZING a lease with ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Virginia Beach Bar Association at 2425 CONSENT Nimmo Parkway 1.2 Resolution AUTHORIZING/ ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y DIRECTING a Memorandum of CONSENT Agreement re Hampton Roads Regional Groundwater Mitigation Program CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 09/06/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU 1 P DNOK MMS H L W O YLN A O O O R S 0 R EEENSNM I 00 T R Y S E SDSNND 1.3 Resolution to AUTHORIZE Fast Track ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y EMS LLC in Virginia Beach/issue CONSENT annual permit re ambulance services 1.4 Resolution INCREASING the membership ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y of the Online Home Sharing Economy Ad CONSENT Hoc Committee 1.5 Community Services Board Resolutions: ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y a. RATIFY Amendments to the CSB CONSENT Bylaws b. AUTHORIZE a contract ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y between Virginia Beach CSB/ CONSENT Commonwealth of Virginia re Behavioral Health/ Developmental Services 1.6 Ordinance to AUTHORIZE ADOPTED,BY 9-0 Y AY YYYYBA YY Y encroachments into City's ROW, CONSENT known as Pacific Avenue and 21' n Street N D 1.7 Ordinance REALIGNING revenues/ ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y APPROPRIATIONS re Human CONSENT Services 1.8 Ordinance to ACCEPT/ APPROPRIATE: a. $142,365 from Virginia ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y Behavioral Health/Development CONSENT Services within Human Services for Early Intervention Infant Program b. Grant from Edward Byrne Justice ADOPTED,BY 10—0 Y A Y Y Y Y Y Y Y Y Y for Law Enforcement: CONSENT (1)Sheriff's Office$40,000 (2)Police $43,542 (3)Community Corrections Pretrial $13,704 c.$86,400 Grant from U.S. ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Homeland Security for Fire CONSENT 1.9 Ordinance to AMEND Capital Project re ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Energy Performance Contracts Phase II CONSENT (Schools)/CHANGE means of finance 1.10 Ordinance to TRANSFER$339,365.25 ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y ADD to Police Federal/State Seized Assets CONSENT ON Special Revenue Fund and$186,667.32 to the operating budget of the Commonwealth Attorney J.1 ATLANTIC PALISADES APPROVED/ 9-1 Y AY Y Y N Y Y Y Y Y CONDOMINIUM ASSOCIATION, CONDITIONED, INC;ARCSTONE,LLC; BY CONSENT SKYMARK,LLC;BLUESTONE HOLDINGS,LLC;/SUNSTAR ATLANTIC,LLC Subdivision Variance at 21st Street and Baltic Avenue DISTRICT 6—BEACH J.2 KYNDLE CAY,LLC/KYNDLE CAY, APPROVED/ 9-0 Y AY Y Y N Y s Y Y Y LLC/HIGHLAND PARISH CONDITIONED, COMMUNITY ASSOCIATION, BY CONSENT n INC.Subdivision Variance at 2283 t Salem Road DISTRICT 7— PRINCESS ANNE D • CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 09/06/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H L W O Y L N A O O O R S 0 R E E ENS NM 1 00 T R Y S E S D SNND J.3 TURNING POINT CHURCH APPROVED/ 10-0 Y AY Y Y Y Y Y Y Y Y Modification of Conditions to a CUP CONDITIONED, to ADD street frontage landscaping at BY CONSENT 2641 Princess Anne Road DISTRICT 7—PRINCESS ANNE J.4 B and J LTD.OF VIRGINIA APPROVED,AS 9-0 Y AY YYNY B YY Y Conditional COZ from B-1 to R-5R at PROFFERED,BY Ocean View Avenue/Fentress Ave re CONSENT A A single family dwelling DISTRICT 4— BAYSIDE E E D J.5 BIRDNECK STORAGE 2,LLC DEFERRED 9-1 Y AY Y Y N Y Y Y Y Y Conditional COZ from R-10 to INDEFINITELY Conditional I-1 at 1044/1052/1054 Bells Road DISTRICT 6—BEACH J.6 DIRECT INDEPENDENCE GROUP, APPROVED/ 9-0 Y AY YYNY B YY Y LLC Conditional COZ from 0-2 PROFFERRED,BY to Conditional B-2 at 449/457/465 CONSENT A Independence Boulevard DISTRICT 2 KEMPSVILLE E D J.7 CHERI Y.HUGHES/IRENE A. APPROVED/ 10-0 Y AY Y Y Y Y Y Y Y Y GALIOTOS TRUSTEE, CONDITIONED, ANTHONY S.GALIOTOS BY CONSENT REVOCABLE TRUST CUP re Tattoo Parlor with a beauty salon at 2955 Virginia Beach Boulevard DISTRICT 6—BEACH J.8 THOMAS WILDER/JUAN SUAREZ/ DEFERRED 10-0 Y AY Y Y Y Y Y Y Y Y ARCH DIXON/JALALADIN INDEFINITELY, MANSOURZADEH CUP to expand BY CONSENT Craft Brewery at 2505 Horse Pasture Road DISTRICT 3—ROSE HALL J.9 JENNIFER G.HARRIS/WAHOO APPROVED, 10-0 Y AY Y Y Y Y Y Y Y Y LAND,LLC CUP re Specialty Shop BY CONSENT in the Historical District at 2397 Liberty Way DISTRICT 7— PRINCESS ANNE K APPOINTMENTS RESCHEDULED 10-0 Y A Y Y Y Y Y Y Y Y Y AGRICULTURAL ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION COMMUNITY POLICY and Pamela K.Hamrick 10-0 Y A Y Y Y Y Y Y Y Y Y MANAGEMENT TEAM(CSA— Appointed AT RISK) unexpired plus 2-yr term ending 3/31/19 DOMESTIC VIOLENCE FATALITY Appointed—No Term 10-0 Y A Y Y Y Y Y Y Y Y Y REVIEW TEAM Laura Tsai-Chief Magistrate Pat Harris—VBPD Detective Corey J.Burdin— Victim/Witness CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 09/06/2016 PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DN OK MMS H L W O Y LN A O O O R S 0 R EE EN S NM 100 T R Y S E S D SNND HEALTH SERVICES ADVISORY Dr.Timothy Pike 10-0 Y A Y Y Y Y Y Y Y Y Y BOARD Appointed unexpired term thru 3/31/19 OPEN SPACE ADVISORY Thomas Johnson 10-0 Y A Y Y Y Y Y Y Y Y Y COMMITTEE Appointed 3-yr term 6/1/16—5/31/19 ONLINE HOME SHARING ECONOMY Appointed—No Term 10-0 Y A Y Y Y Y Y Y Y Y Y AD HOC COMMITTEE Kevin Duffan—At Large Ira Agricola— Hampton Roads Chamber of Commerce CITY COUNCIL LIAISONS a. PRICE STREET DEVELOPMENT Appointed- 10-0 Y A Y Y Y Y Y Y Y Y Y Vice Mayor, Louis Jones Council Lady, Amelia Ross- Hammond b. CAVALIER DEVELOPMENT Appointed— 7-1 Y A Y Y YNY B B Y Y Vice Mayor, s s Louis Jones T T A A Councilman, I I James L.Wood E• E D D UM/N ADJOURNMENT 6:33 PM PUBLIC COMMENT 2 Speakers 6:34-6:40 PM