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Home My WebLink AboutOCTOBER 4, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ♦N1+:B MAYOR WILLIAM D.SESSOMS,JR.,At-Large4.0.141A:13. ,. VICE MAYOR LOUIS R.JONES,Bayside-District 4 2 k4 ` gyp M.BENJAMIN DAVENPORT,At Large ~�C ROBERT M.DYER,Centerville-District I - S BARBARA M.HENLEY,Princess Anne-District 7 *: • * SHANNON DS KANE,Rose Hall-District 3 i ? /. JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 '°F °u. .o°ds JOHN E.UHRIN,Beach District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER- DAVID L.HANSEN PHONE:(757)385-4303 CITYAITORNEY- MARK D.STILES CITY COUNCIL AGENDA CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS 4 October 2016 E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 3:30 PM 1. Naval Air Station Oceana Update Captain Richard Meadows, Commanding Officer 2. Joint Expeditionary Base Little Creek—Fort Story Update Captain Dan Senesky, Commanding Officer II. CITY MANAGER'S BRIEFINGS 1. Light Rail 30% Design Cost Estimate Thomas Leahy, Deputy City Manager 2. Arena Discussion David Hansen, City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Retired Pastor Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL/FORMAL SESSION 20 September 2016 G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION In Recognition I. PUBLIC HEARINGS 1. TRANSFER of City Property to the Development Authority re Arena 2. INSTALLMENT PURCHASE AGREEMENT re acquisition of Agricultural Land Preservation (ARP) easement on Hungarian Road J. PUBLIC COMMENT 1. 2017 Legislative Package K. ORDINANCES/RESOLUTIONS 1. Resolutions re Arena Development: a. AUTHORIZE an Amendment to the Development Agreement b. RE-AUTHORIZE TRANSFER of land to the Development Authority 2. Resolution to CONFIRM the Virginia Beach Legislative Agenda to the 2017 General Assembly for support and sponsorship 3. Resolution to APPOINT Elizabeth Bradley DeJarnette to the position of Associate City Attorney 4. Ordinances to AUTHORIZE ACQUISTION of Agricultural Land Preservation (ARP) easements from My III Sons, LLC at Hungarian Road (District 4—Princess Anne): a. ISSUANCE of the City's contract obligations in the maximum principal amount of$461,611 b. ISSUANCE of the City's contract obligations in the maximum principal amount of$142,444 c. TRANSFER of funds to purchase United States Treasury STRIPS 5. Resolution SUPPORTING increased Crossing capacity across Hampton Roads harbor and ENDORSING Alternative B for the Supplemental Environmental Impact Statement(SEIS) 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property,known as Lake Joyce, and a 25-foot strip of City property around Lake Joyce at the rear of 4429 Blackbeard Road 7. Ordinances to: a. APPROPRIATE $706,385 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund for marketing activities to promote tourism, conventions and amateur sports competition b. TRANSFER$354,851 within the FY2016-17 Operating Budget of the Convention and Visitor's Bureau and AUTHORIZE full-time employees c. ACCEPT/APPROPRIATE $740,195 from the Virginia Department of Behavioral Health I Developmental Services within the Department of Human Services to ESTABLISH a permanent Supportive Housing Program d. APPROPRIATE $140,000 from the Fund Balance of the Commonwealth's Attorney's Federal and State Seized Assets Special Revenue Fund to purchase a replacement Case Management system; and TRANSFER$225,000 within their FY 2016-17 Operating Budget e. ACCEPT/APPROPRIATE a$12,375 Grant to replace dive equipment for Police Marine Patrol f. ACCEPT/APPROPRIATE a $1,418,582 Grant from the Federal Emergency Management Agency for the Virginia Task Force 2 Urban Search and Rescue Team(FEMA) L. PLANNING 1. ALDI (N.C.) LLC I THREE FIVE MINISTRIES, INC., Conditional Change of Zoning from R-15 Residential District to Conditional B-2 Community Business District for a grocery store at 929 First Colonial Road(Deferred August 16, 2016) DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 2. TELXIUS CABLE USA,INC./CITY OF VIRGINIA BEACH Conditional Use Permit re Fiber Optics Transmission, East of Corporate Landing Parkway and West of General Booth Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. THOMAS WILDER/JUAN SUAREZ/ARCH DIXON/JALALADIN MANSOURZADEH Conditional Use Permit re a Craft Brewery at 2505 Horse Pasture Road (Deferred September 6, 2016) DISTRICT 3 —ROSE HALL 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 PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers 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 SESSIONS ELECTION DAY TUESDAY, NOVEMBER 8, 2016 CANCELLED EVERYONE PLEASE EXERCISE YOUR PRIVILEGE TO VOTE 5 -YEAR FORECAST November 15 , 2016 Building No. 19 Joint City Council and School Board *************************** 10/4/16 tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D.SESSOMS,JR.,At-Large S� L VICE MAYOR LOUIS R.JONES,Bayside-District 4 4 v4 M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District I U."I •_ ` S BARBARA M.HENLEY,Princess Anne-District 7 * SHANNON DS KANE,Rose Hall District 3 l' JOHN D.MOSS,At Large +4• AMELIA ROSS-HAMMOND,Kempsville-District 2 *r e, ,;., • JOHN E.UHRIN,Beach-District 6 OUR .R< 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-LYNDONS.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC 4 October 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 3:30 PM 1. Naval Air Station Oceana Update Captain Richard Meadows, Commanding Officer 2. Joint Expeditionary Base Little Creek—Fort Story Update Captain Dan Senesky, Commanding Officer II. CITY MANAGER'S BRIEFINGS 1. Light Rail 30% Design Cost Estimate Thomas Leahy, Deputy City Manager 2. Arena Discussion David Hansen, City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Retired Pastor Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL/FORMAL SESSION 20 September 2016 G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION In Recognition I. PUBLIC HEARINGS 1. TRANSFER of City Property to the Development Authority re Arena 2. INSTALLMENT PURCHASE AGREEMENT re acquisition of Agricultural Land Preservation (ARP) easement on Hungarian Road J. PUBLIC COMMENT 1. 2017 Legislative Package ,,,,,,-,47,...-.4„,...):/,',0 .r 1N4A 8qC,,40 f ;.ZY ry a) 4�1 ,,.j 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, October 4, 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 19th 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 25,2016 0.1,A Fla ;4,1 ) NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia,will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreements for the acquisition of agricultural land preservation easements with respect to: (1) 83.76 acres of land located on Hungarian Road(GPINs:1388-47-6179 and 1388-57-1235),and(2)45.95 acres of land located on Hungarian Road (GPINs: 1388-44-8273 and 1388-54- 3236) in the City of Virginia Beach, Virginia,pursuant to Ordinance No.95- 2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources,(d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements,and(e)assist In shaping the character, direction and timing of community development. Such easements will be purchased pursuant to Installment Purchase Agreements for an estimated maximum purchase price of $461,611 and$142,444,respectively. The City's obligation to pay the purchase price under the Installment Purchase Agreements is a general obligation of the City,and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing,which may be continued or adjourned,will be held by the City Council on Tuesday,October 4, 2016,at 6:00 p.m.in the City Council Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter ay appear and be heard. Ruth Hodge ,MMC City Clerk BEACON: SEPTEMBER 18&25,2016 K. ORDINANCES/RESOLUTIONS 1. Resolutions re Arena Development: a. AUTHORIZE an Amendment to the Development Agreement b. RE-AUTHORIZE TRANSFER of land to the Development Authority 2. Resolution to CONFIRM the Virginia Beach Legislative Agenda to the 2017 General Assembly for support and sponsorship 3. Resolution to APPOINT Elizabeth Bradley DeJarnette to the position of Associate City Attorney 4. Ordinances to AUTHORIZE ACQUISTION of Agricultural Land Preservation(ARP) easements from My III Sons, LLC at Hungarian Road(District 4—Princess Anne): a. ISSUANCE of the City's contract obligations in the maximum principal amount of$461,611 b. ISSUANCE of the City's contract obligations in the maximum principal amount of$142,444 c. TRANSFER of funds to purchase United States Treasury STRIPS 5. Resolution SUPPORTING increased Crossing capacity across Hampton Roads harbor and ENDORSING Alternative B for the Supplemental Environmental Impact Statement(SEIS) 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property,known as Lake Joyce, and a 25-foot strip of City property around Lake Joyce at the rear of 4429 Blackbeard Road 7. Ordinances to: a. APPROPRIATE $706,385 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund for marketing activities to promote tourism, conventions and amateur sports competition b. TRANSFER$354,851 within the FY2016-17 Operating Budget of the Convention and Visitor's Bureau and AUTHORIZE full-time employees c. ACCEPT/APPROPRIATE $740,195 from the Virginia Department of Behavioral Health I Developmental Services within the Department of Human Services to ESTABLISH a permanent Supportive Housing Program d. APPROPRIATE $140,000 from the Fund Balance of the Commonwealth's Attorney's Federal and State Seized Assets Special Revenue Fund to purchase a replacement Case Management system; and TRANSFER $225,000 within their FY 2016-17 Operating Budget e. ACCEPT/APPROPRIATE a$12,375 Grant to replace dive equipment for Police Marine Patrol f. ACCEPT/APPROPRIATE a $1,418,582 Grant from the Federal Emergency Management Agency for the Virginia Task Force 2 Urban Search and Rescue Team(FEMA) I ff CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution (1) Approving the Amendment to the Arena Development Agreement and (2) Re-Authorizing the Transfer of the Arena Land to the City of Virginia Beach Development Authority MEETING DATE: October 4, 2016 ■ Background: The City Manager and City staff have engaged in extensive negotiations with representatives of United States Management, LLC, and its affiliates (collectively "USM"), regarding the development of an entertainment and sports arena on City-owned land adjacent to the Virginia Beach Convention Center (the "Arena"). On December 9, 2014, City Council adopted a resolution (the "December 2014 Resolution") approving a non-binding term sheet for the construction and operation of the Arena. The December 2014 Resolution directed staff to work with USM to develop definitive project documents for the development of the Arena and to return to City Council for consideration of those documents. To define the respective rights and obligations of the parties, the City and USM developed the following "Arena Documents": 1. Development Agreement. 2. Arena Lease. 3. Revenue Fund Agreement. 4. Cost Participation Agreement. 5. Loan Cure Rights Agreement. 6. Cooperation Agreement. 7. Appendix. On December 8, 2015, City Council adopted a resolution authorizing execution of the Arena Documents and authorizing transfer of approximately 5.8 acres of City- owned land across from the Virginia Beach Convention Center (the "Arena Land") to the City of Virginia Beach Development Authority (the "Authority"). The Arena Land will be the site of the Arena and leased to USM pursuant to the Arena Lease. On December 15, 2015, the Authority adopted a resolution accepting the transfer of the Arena Land and agreeing to enter into the Arena Lease with USM before transferring the Arena Land back to the City. USM and the City executed the Development Agreement on December 11, 2015. As set forth in the Development Agreement, the remaining Arena Documents are to be executed at USM's construction loan closing. The executed Development Agreement and all the other Arena Documents remain on the City's website for public inspection. USM had proposed to finance the development of the Arena with a combination of approximately $170 million in debt and $40 million equity (the "Financing Plan"). The equity was to come from USM associates and the debt was proposed to come from an international bank. Satisfaction of this Financing Plan was a condition to the City's obligations in the Development Agreement. In June of 2016, USM approached the City with a proposal to modify the Financing Plan. Instead of the previously contemplated debt and equity mix, USM proposed to borrow all the funds necessary for the construction of the Arena from bonds to be issued by the Authority (the "Bond Structure"). These bonds would be placed by a domestic placement agent and administered by a domestic bond trustee. On July 12, 2016, City Council adopted a resolution supporting the Bond Structure with several conditions (the "Resolution of Support"). Since the adoption of the Resolution of Support, USM and the City have negotiated terms for the City's endorsement of the Bond Structure. Based on those negotiations, USM has agreed to the following with respect to the Bond Structure: (i) limit the amount of bond debt to $200 Million attributable to the construction contract for the Arena plus costs of financing and required reserves and escrows, (ii) cap the total amount of bond debt at $240 Million, (iii) restrict USM's ability to take a development fee or pay their incurred costs (other than related to the issuance of the bonds)from the bond proceeds, (iv) require the contribution of at least $7.5 Million in equity towards the cost of construction of the Arena, and (v) require USM's sources and uses of funds to be generally consistent with the proposed sources and uses provided to the City on September 26, 2016. USM has also requested to extend its deadlines for performance under the Development Agreement by sixty (60) days. The changes to the Financing Plan require an amendment to the Development Agreement (the "Amendment"), which is attached to the Resolution as Exhibit B, and also necessitate the re-authorization of the transfer of the Arena Land from the City to the Authority. • Considerations: The development of an arena has been a goal of both City Council and many members of the public for several years. As set forth in the Arena Documents, USM would be responsible for construction, maintenance and operation of the Arena on the Arena Land to be leased to USM for a term of sixty (60) years. As set forth in the Development Agreement, the Arena Land would be transferred to the Authority at the time the conditions for execution of the Arena Lease have been satisfied by all parties. The Authority would be the party executing the Arena Lease and would immediately transfer the Arena Land back to the City, subject to the Arena Lease. The conveyance of the Arena Land to the Authority is expressly conditioned on the Authority adopting a resolution agreeing to accept title to the Arena Land, execute the Arena Lease and immediately transfer the Arena Land back to the City. The Authority is expected to consider the adoption of such a resolution at in the coming days, but not later than October 18, 2016. USM has requested certain changes to the Financing Plan. A Summary of Amended Terms is attached to the Resolution as Exhibit C. If approved, the proposed Bond Structure would be reflected in the Amendment. Information: A public hearing on the transfer of the Arena Land was held on September 20, 2016 and a second public hearing has been duly advertised in The Virginian-Pilot for October 4, 2016. ■ Alternatives: Approve the Amendment as presented, approve with modifications, or do not approve the Amendment. • Attachments: Resolution, Amendment, Summary of Amended Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting D, • • • e• • • •ency: City Manage ;ib City Manager. 1 RESOLUTION (1) APPROVING AN AMENDMENT TO 2 THE ARENA DEVELOPMENT AGREEMENT AND (2) 3 RE-AUTHORIZING THE TRANSFER OF THE ARENA 4 LAND TO THE CITY OF VIRGINIA BEACH 5 DEVELOPMENT AUTHORITY 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 8 and City staff have engaged in extensive negotiations with representatives of United 9 States Management, LLC, and its affiliates (collectively "USM"), regarding the 10 development of an arena on City-owned land adjacent to the Virginia Beach Convention 11 Center (the "Arena"); 12 13 WHEREAS, the General Assembly has authorized the City to "enter into 14 contracts for the construction, development, maintenance, or operation of, and regulate 15 the use and operation of facilities developed under the provisions of [Chapter 59.1 of 16 Title 15.2 of the Code of Virginia]," and an arena is explicitly defined as a "Facility" in § 17 15.2-5921 of the Code; 18 19 WHEREAS, on December 9, 2014, the City Council of the City of Virginia Beach 20 (the "City Council") approved a non-binding term sheet dated November 25, 2014 (the 21 "Arena Term Sheet"); 22 23 WHEREAS, subsequent to the approval of the Arena Term Sheet, the parties 24 negotiated the terms and conditions of the agreements necessary to document the 25 transaction contemplated by the Arena Term Sheet (collectively, the "Arena 26 Documents"); 27 28 WHEREAS, on December 8, 2015 the City Council approved a resolution (i) 29 authorizing the execution of the Arena Documents, and (ii) authorizing the transfer to 30 the City of Virginia Beach Development Authority (the "Authority") of approximately 5.8 31 acres of City-owned land across from the Virginia Beach Convention Center (the "Arena 32 Land") (the "2015 Approval Resolution"); 33 34 WHEREAS, the Arena Documents include a Development Agreement between 35 the City and USM setting forth the responsibilities of the parties prior to the 36 commencement of construction of the Arena; and the approved forms of all the other , 37 Arena Documents are attached to the Development Agreement as exhibits thereto; 38 39 WHEREAS, the Arena Documents also include a lease of real property to USM, 40 and, to accommodate the term required by USM, the City approved the transfer of the 41 Arena Land, as shown on Exhibit A attached hereto, to the Authority; 42 43 WHEREAS, the transfer of the Arena Land to the Authority is conditional on the 44 execution of the Arena Documents approved in the 2015 Approval Resolution; 45 WHEREAS, USM has approached the City with a request to amend the terms of 46 the Development Agreement to provide for a bond financing with a different mix of debt 47 and equity than previously contemplated; 48 49 WHEREAS, on July 12, 2016, City Council adopted a resolution supporting the 50 bond financing structure on the occurrence of certain conditions (the "Resolution of 51 Support"); 52 53 WHEREAS, the City and USM have negotiated an amendment to the 54 Development Agreement (the "Amendment") to reflect the conditions by which the City 55 will approve the bond financing, and to extend certain deadlines under the Development 56 Agreement; 57 58 WHEREAS, the Amendment is attached hereto as Exhibit B, and a summary of 59 the Amendment is attached hereto as Exhibit C; 60 61 WHEREAS, the transfer of the Arena Land to the Authority was conditioned on 62 the satisfaction of the terms in the Development Agreement so the Amendment 63 necessitates the re-approval of that transfer; and 64 65 WHEREAS, the City Council desires to (1) approve the Amendment and 66 authorize the City Manager to execute the Arena Documents, as amended, subject to 67 the conditions set forth below and (2) approve the transfer of the Arena Land to the 68 Authority subject to the conditions set forth below. 69 70 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 71 OF VIRGINIA BEACH, VIRGINIA: 72 73 1. That the City Council finds the forgoing actions and approvals related to 74 the Arena promote the trade, commerce, and industry of the City and its residents, give 75 publicity to the City's resources and advantages, and further the City's efforts to 76 reinvigorate a portion of the City designated by Council as a recovery zone in December 77 2009. 78 79 2. That the City Council approves the Amendment, attached hereto as 80 Exhibit B, and a summary of which is attached hereto as Exhibit C, subject only to 81 technical modifications that may be acceptable to the City Manager and in a form 82 deemed satisfactory by the City Attorney. 83 84 3. That the City Manager is hereby authorized to execute the Amendment 85 after the occurrence of the following condition (the "Amendment Condition"): the City of 86 Virginia Beach Development Authority has adopted a resolution (i) accepting the Arena 87 Land; (ii) authorizing the execution of the Deed of Lease attached to the Development 88 Agreement as one of the Arena Documents (the "Lease"); and (iii) approving the re- 89 conveyance of the Arena Land to the City, subject to the Lease, within thirty (30) days 90 following execution of the Lease by the Authority and USM. 91 4. That, provided the Development Agreement, as amended by the 92 Amendment, remains in full force and effect and no event of default exists thereunder 93 on behalf of USM, the City Manager is further authorized to execute the remaining 94 Arena Documents at such time as all City Conditions to the Construction Loan Closing 95 under the Development Agreement (collectively, the "Loan Closing Conditions") have 96 been satisfied. 97 98 5. That title to the property shown on Exhibit A as the Arena Land is hereby 99 authorized to be transferred to the City of Virginia Beach Development Authority at such 100 time as all City Conditions to the Construction Loan Closing under the Development 101 Agreement have been satisfied. The final legal description of the Arena Land will be 102 approved by the City Manager and City Attorney. 103 104 6. That, if the Development Agreement Condition has not been satisfied by 105 the "Outside Loan Commitment Date" as defined in the Amendment (January 7, 2017) 106 under Section 4.3.1 of the Development Agreement or the Loan Closing Conditions 107 have not been satisfied by the "Outside Loan Closing Date" (November 7, 2017) under 108 Section 5.4 of the Development Agreement, the City Manager's authorization to execute 109 the Arena Documents shall expire and this Resolution shall be of no further force or 110 effect. 111 112 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 113 of , 2016. Requires an affirmative vote of three-fourths of the members of City Council. 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EXHIBIT B AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT TO DEVELOPMENT AGREEMENT (the "Amendment") dated as of , 2016, by and between UNITED STATES MANAGEMENT, LLC, a Delaware limited liability company (the "Developer"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia(the "City"); WITNESSETH : WHEREAS, the Developer and the City entered into a Development Agreement dated December 11, 2015 (the "Development Agreement") in connection with the construction, financing, operation and maintenance of the Arena(as defined in the Development Agreement); WHEREAS, the Developer and the City have agreed to amend Section 4.3 of the Development Agreement in order to modify the proposed plan of finance for the Arena; and WHEREAS, Section 10.7 of the Development Agreement provides for the modification thereof by an instrument in writing signed by a duly authorized representative of each of the Developer and the City; NOW, THEREFORE, for and in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The term "Institutional Lender" as defined in the Development Agreement is hereby amended and restated in its entirety to read as follows: "Institutional Lender" means a savings bank, savings and loan association, commercial bank, trust company, credit union, insurance company, college, university, publicly traded real estate or mortgage investment trust, provider of commercial mortgage backed securities, or a pension fund having capital and surplus (or the economic equivalent) in excess of One Hundred Million Dollars ($100,000,000.00). The term "Institutional Lender" shall also include a corporate trustee for accredited investors, any such accredited investor and other lenders of substance which perform functions similar to any of the foregoing, and which have assets in excess of One Hundred Million Dollars ($100,000,000.00) at the time the Leasehold Mortgage loan is made who or which are generally regarded in the real estate finance field, at the time in question, as an institutional lender." 2. Section 4.3 of the Development Agreement is hereby amended and restated in its entirety to read as follows: "4.3 Loan Commitment. Developer will use commercially reasonable efforts to obtain and deliver to City an executed copy of a loan commitment from an Institutional Lender or substantially final drafts of the financing documents relating to the issuance of bonds by the City of Virginia Beach Development 1 Authority (the "Authority"), such financing documents to include an Indenture of Trust between an Institutional Lender and the Authority and a Loan Agreement between the Authority and the Developer, or its assignee, such bonds not constituting a debt of the Commonwealth of Virginia or any political subdivision thereof, including the City and the Authority (the "Construction Loan Commitment") to provide construction and permanent financing (in either event, the Institutional Lender shall be referred to herein as a "Construction Lender") to Developer (the "Construction Loan") adequate to construct the Arena Improvements and fulfill Developer's other obligations under the Transaction Agreements, subject to customary lender requirements and conditions. City will have the right to approve the Construction Loan Commitment and the documents ultimately evidencing and securing the Construction Loan (the "Construction Loan Documents") which approval right for purposes of this Section 4.3 shall be limited to the right to approve those terms and provisions of the Construction Loan Commitment and the Construction Loan Documents which concern (i) funding mechanisms and reasonable assurances that any overseas lender will fully fund the Construction Loan, (ii) protections and cure rights of City and the Construction Lender in the event of a Developer default under the Construction Loan and/or Transaction Agreements, (iii) City Credit Rating Concerns, (iv) verification that the plan of finance will fund no more than (1) one-hundred percent (100%) of the fixed price Construction Contract which will include an A&E Contract, but no more than $200 Million, (2) costs of the financing, (3) required reserves and escrows, without inclusion of any reimbursement to Developer for other costs incurred (other than prepaid issuance costs) or payment of any developer fee, and (v) verification that (1) not less than $7.5 Million has been contributed by or on behalf of the Developer to the plan of finance, (2) the maximum principal amount of the financing is not more than $240 Million, (3) the plan of finance is materially consistent with the sources and uses of funds provided to the City on September 26, 2016, (4) the Term of the Arena Revenue Fund Agreement shall not be longer than thirty-three (33) years, and (5) the maximum Payment Cap set forth on Schedule 2 to the Arena Revenue Fund Agreement remains unchanged. Such approval shall not be unreasonably withheld, conditioned, delayed or denied. The interest rate under the Construction Loan and the general provisions of the Construction Loan Documents not affecting the foregoing issues would not be subject to City review and approval. Furthermore, the Construction Loan Commitment and ultimately the Construction Loan Documents must include the agreement of the Construction Lender that, in the event of a Developer Event of Default, if Construction Lender does not exercise its right to cure the Developer Event of Default and proceed with construction, City shall have the right and option to either (i) payoff or purchase the Construction Lender's note(s) or other evidence of indebtedness for an amount not to exceed the Leasehold Mortgage Payoff Amount and to obtain the assignment of all of the Construction Lender's documents evidencing and/or securing the Construction Loan, or (ii) assume the Construction Loan at a balance not to exceed the Leasehold Mortgage Payoff Amount, all as more particularly provided in Section 8.3.3 of this Agreement. The date upon which closing for the 2 Construction Loan (the "Construction Loan Closing") occurs is referred to as the "Construction Loan Closing Date". In order to qualify as the Construction Loan Commitment, a commitment must be duly authorized by the issuer in substantially the form and level of detail typically utilized by prospective lenders in similar major commercial transactions, including requirements for closing and conditions thereof, and must set forth the proposed principal amount, interest rate, amortization terms, collateral or guaranty requirements, maturity date of the loan and expiration date of the commitment." 3. A new Section 10.19 is hereby added to the Development Agreement to read as follows: "10.19 Assignments and Consent to Assignments. The Developer's rights and obligations under this Agreement and each of the other Transaction Agreements may be assigned to Mid-Atlantic Arena, LLC ("Mid-Atlantic Arena"), a Delaware limited liability company established by the Developer to be the developer and owner of the Arena Project. Mid-Atlantic Arena is hereby authorized to collaterally assign this Agreement and each of the Transaction Agreements to the Construction Lender or Leasehold Mortgagee to the extent not expressly permitted herein and in each Transaction Agreement. The City hereby consents to such collateral assignments and hereby agrees to execute and deliver a consent to such collateral assignments with respect to this Agreement and each Transaction Agreement in form and substance reasonably acceptable to the City." 4. The last sentence of Section 9.1 is hereby amended to read "Notwithstanding anything to the contrary in this Agreement or any other Transaction Agreement, Developer shall have the right to collaterally assign all or any portion of its rights in this Agreement or any other Transaction Agreement to any Construction Lender or Leasehold Mortgagee. " 5. The "Outside Loan Commitment Date" set forth in Section 4.3.1 is hereby extended to January 7, 2017. The "Outside Loan Closing Date" set forth in Section 5.4 is hereby extended to November 7, 2017. The "Outside Construction Commencement Date" set forth in Section 6.5 is hereby extended to September 7, 2018. The "Outside Completion Date" set forth in Section 6.5(b) is hereby extended to November 30, 2019. 6. The Developer and the City hereby confirm and reaffirm their respective covenants and obligations under the Development Agreement and the Transaction Agreements (as defined in the Development Agreement). 7. All references in the Development Agreement and the Transaction Agreements shall be deemed to mean the Development Agreement and the Transaction Agreements as modified by this Amendment. Any provision of the Development Agreement and the Transaction Agreements, to the extent it is inconsistent with the modifications made by this Amendment, shall be deemed to be amended and restated to be consistent herewith in all respects. 3 8. The Development Agreement and the Transaction Agreements, as amended hereby, shall continue in full force and effect, and all terms and conditions thereof not modified or superseded by this Amendment are hereby restated, ratified and confirmed. The execution and delivery of this Amendment shall not be deemed to constitute, and shall not constitute, a novation of the Development Agreement and the Transaction Agreements or any agreement or instrument related thereto. 9. If any provision of this Amendment shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10. This Amendment may not be amended, changed, modified, altered or terminated without the written consent of the parties hereto. 11. This Amendment shall be governed by the applicable laws of the Commonwealth of Virginia. 12. This Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same document. [Signature Pages Follow] 4 WITNESS the following signatures: CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: Name: Title: Date: APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney UNITED STATES MANAGEMENT, LLC, a Delaware limited liability company By: Name: Title: Date: 14894350v5 5 EXHIBIT C ARENA DEVELOPMENT AGREEMENT SUMMARY OF AMENDED TERMS I. AMENDMENT TO FINANCING TERMS: Section 4.3 of the Development Agreement sets forth the City's approval rights over (i) the terms of USM's loan commitment and (ii) the terms of the loan documents. A. Development Agreement gives City Right to confirm and approve that: 1. Funding mechanisms are in place to insure an overseas lender will fully fund construction(UNCHANGED). 2. City has protections and cure rights in the event of a developer default under the loan or the Arena Documents (UNCHANGED) 3. City's Credit Rating Concerns' are satisfied(UNCHANGED) 4. General Consistency with the debt, equity and loan term structure outlined in USM's proposal and the approved Term Sheet(TO BE CHANGED). B. Approval right#4 is to be changed to give the City the right to ensure the financing contains the following elements: 1. The plan of finance will fund no more than 100%of the fixed price construction contract but not more than $200 Million,plus costs of financing,required reserves and escrows. 2. The bonds to be issued will not be used to pay USM a developer fee or to reimburse any of USM's costs incurred to date, other than costs associated with the issuance of the bonds. 3. Verification that at least $7.5 Million in equity has been contributed towards the Arena construction costs. 4. The maximum principal financed is not more than$240 Million. 5. The plan of finance is generally consistent with the sources and uses of funds provided to the City on September 26, 2016. II. EXTENSION OF DEADLINES: USM's deadlines with respect to performance are all extended by 60 days to allow it time to finalize the proposed bond financing. The deadlines are: A. Obtain Loan Commitment. Current deadline November 8, 2016 -Extended to January 7,2017. B. Close on Loan: Current deadline up to ten months after Loan Commitment -Extended to November 7, 2017. C. Commence Construction on Arena. Current deadline ten months after Loan closing- Extended to September 7, 2018. D. Complete Construction on Arena. Current deadline October 1,2019 -Extended to November 30, 2019. 1 The City's Credit Rating Concerns give the City the ability to confirm that the documents do not contain representations or clauses that would imply that USM's debt is a general obligation of the City or would otherwise reasonably be construed as the City's debt.A full definition of"City's Credit Rating Concern"is in the Appendix to the Development Agreement. c; or Virginia Beach APPLICANT'S NAME United States Management, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE • FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). O APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: O REVISIONS SUBMITTED DATE: 1 /B cm•o, Virginia Beach Check 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: United States Management, LLC If an LLC, list all member's names: See Attached. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) USM is a member of The ESG Companies family of companies and has no other subsidiary relationships. 1 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. X 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:City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Cllgr 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. ,41=1.1. VraNWIRMISMOINNIMBI.C•611110EMPAMEMENEEIMISIMMI66. 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 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of See Attached. your tax return X Architect/ Landscape Architect/ See Attached. Land Planner Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) XConstruction Contractors See Attached. XEngineers / Surveyors/Agents See Attached. Financing (include current See Attached. X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services See Attached. Real Estate Brokers / None. 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 X 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 11/47B 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 meetin. .r meeting ii ,• .ny public body or committee in connection with this App cation. _1 - V "PALO A\ ' 1 ) , nl_SL)r (AL 6.2) /40 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return 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 / 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 6 of 7 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 OUSM United States Management September 26, 2016 Attachments United States Management, LLC(USM) Virginia Beach Arena Disclosure Statement Form 1. Applicant Disclosure A. USM Manager, LLC(100%) Key USM Officers: a. Edward S. Garcia, Chairman* b. Andrea M. Kilmer, President and CEO c. Michael F. Gelardi,Vice President d. Joseph E. Gelardi, Vice President e. Joshua D. Kellam,Vice President f. Valerie L. Wilkinson, CFO g. Brittany M.Jeffries,Assistant Secretary and Treasurer\ *Denotes controlling member 2. Services Disclosure The Virginia Beach Arena Project Team composition is listed below. An individual contract has been finalized with S.B. Ballard Construction Company.This list is by no means comprehensive, as USM intends to make reasonable efforts to utilize SWAM and minority businesses in support of City of Virginia Beach goals and any such contracts may not be negotiated until modifications to the final development agreement have been approved. A. Accounting Firm: E. Attorney/Legal Services Wall, Einhorn & Chernitzer, P.C. Greenberg Traurig, LLP Wilks,Alper& Harwood, P.C. B. Architect& Engineers: McGuireWoods Clark Nexsen Kaufman & Canoles AECOM C. Construction Firm: S.B. Ballard Construction Company D. Source of Financing: B.C.Ziegler, Investment Bank Page 1 of 1 United States Management, LLC • 3333-24 Virginia Beach Blvd. • Virginia Beach,Virginia 23452 f -- , rTa�`Nch , ,si s may CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Adopting the City's 2017 Legislative Agenda MEETING DATE: October 4, 2016 • Background: City Council traditionally adopts a Legislative Agenda to the General Assembly each year. The Agenda provides the Virginia Beach General Assembly delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. • Considerations: This Agenda was prepared based on input from Councilmembers, Department Directors, and City Council's boards and commissions. • Public Information: A discussion was held with City Council on September 6, 2016. City Council received public comment during its September 20, 2016 meeting, and a public hearing will be held on October 4, 2016 in Council Chambers. • Recommendation: It is recommended that City Council approve the attached resolution that adopts the 2017 Legislative Agenda and requests that members of the City's local delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth therein. • Attachments: Resolution and 2017 Legislative Agenda. Requested by City Council 1 A RESOLUTION ADOPTING THE CITY'S 2017 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2017 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2017 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2017 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 32 day of , 2016. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I !i rA Robert Matthias Roderick R. Ingram City Manager's Office City Attorney's Office CA13642 R-1 September 21, 2016 le bi'VOI, I+e 2�'6 V(17-c�r�� _ Sty f� �f � i,rf:Tir' 'n�aB 1 /moi —fitoeito - - ,-.., .ioCON ,E ,.... ,... liti li, iiii . „,„„,,,,,., . .. . . I k A... '''...VII 4, . ----- -- - - ' -144„,-- ....., ., , . ir 1....ivj •. �' ..-. i .y'/f� k �- I J L - '� r `'r �, Int ` ■ ' ' (fit _ n ��(( 1, .q ." i �,� , . t ..4,,,,,67.:,,,,„..„,,,,,tlsi. n1/` !.. G IlT yfll�f c I�. _ _ s ,� ; ' 011 . -�� Z n SIU TI �'-.�''� .I .'` I' N. nOfond c 4\l'''..,, . e 1 1e VF IFIJiII 1 .A 'I,,� ,} SE�UI , . r1 , �: a-� 2015., •'+ ;� Z9A(bAc�s 6�0� " ' `a fhe Rt21�. •i4 �G: I'" �'_. n,.Sf1rkiT ` .1Wil ,H, (,,,,)71t....f ):::lv,-'1,:'11‘:;' ', 1v / i A P • 6• rioai.l - . ° Alef�qw-ANA ` lf-' .( i COMN01,1I AT , : ,r -r'. ¢o ff p�y��,�SttY 1AII i� 't-- a ' a wwg III .. _. 1 ®,-,. \�\. '+r .: :4,„,,,.._ ,., • irrrmat • • '1 Y - 1 •'e• „fir L� C t � f 1011190 BPfbCia'.wl+•NAR.a'. • !"1 1 _. g J'� I••`, I,EGISLATIVE AGENDA GENERAL ASSEMBLY 2017 SESSION October 4, 2016 TABLE OF CONTENTS CITY OF VIRGINIA BEACH-CITY COUNCIL iv CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION iv SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSIT!•NS vii 1. POST LABOR DAY OPENING FOR SCHOOLS 2 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 3 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL VIA VIRGINIA BEACH HUMAN RIGHTS CO MISSION 3. MORATORIUM ON URANIUM MINING 4 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 4. MEDICAID EXPANSION POSITION 8 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 5. INCREASED FUNDING FOR MENTAL HEALTHCARE 11 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES 12 6. AMEND THE VIRGINIA CODE SECTION 442.170 TO INCREASE THE CIVI CASE FILING FEE ASSESSED IN 1988,FROM$4.00 TO$5.00 13 SPONSORED BY CITY COUNCIL MEMBER,AMELIA N. ROSS-HAMMOND 7. VOTING RIGHTS 14 SPONSORED BY CITY COUNCIL MEMBER,AMELIA N. ROSS-HAMMOND&HUMAN RIGHTS C I MMISSION 8. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS ITIATIVE 15 SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY 9. OYSTER LEASES FOR NAVIGATION PROJECTS 16 SPONSORED BY CITY COUNCIL MEMBERS,JAMES L. WOOD AND JOHN E. UHRIN 10. REMOVE PREQUALIFICATION REQUIREMENT FOR BOND WAIVER PR I GRAM 18 SPONSORED BY CITY COUNCIL MEMBERS, BOB DYER 11. ONLINE RENTAL PLATFORMS/AIRBNB AND OTHERS 19 SPONSORED BY VIRGINIA BEACH CITY COUNCIL TABLE OF CONTENTS 12. COASTAL PRIMARY SAND AND BEACHES ACT: AUTHORIZING VIRGINIA BEACH WETLANDS BOARD TO ISSUE SAND MANAGEMENT GENERAL PERMIT 20 SPONSORED BY CITY COUNCIL MEMBERS, BARBARA HENLEY 13. ROAD MAINTENANCE FUNDING FORMULA REVISION(ROAD DIETS) 23 SPONSORED BY CITY COUNCIL MEMBERS, ROSEMARY WILSON 14. MENHADEN FISHING REGULATION 24 SPONSORED BY CITY COUNCIL MEMBERS, MAYOR WILLIAM D. SESSOMS,JR., LOUIS R.JONES,JAMES L.WOOD, JOHN E.UHRIN, &BENJAMIN DAVENPORT 15. A GOVERNER'S CABINET LEVEL STATE RESILIENCY OFFICER FOR RECURRENT FLOODING 25 SPONSORED BY CITY COUNCIL MEMBERS,JAMES L. WOOD 16. ANIMAL CRUELTY 26 SPONSORED BY CITY COUNCIL MEMBERS,JAMES L. WOOD 17. GAP REFINANCING REPEAL 27 SPONSORED BY CITY COUNCIL MEMBERS,JOHN D. MOSS 18. CERTIFICATE OF PUBLIC NEED 28 SPONSORED BY CITY COUNCIL MEMBERS, BOB DYER iv CITY OF VIRGINIA BEACH- CITY COUNCIL Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones - Bayside Shannon DS Kane— Rose Hall Benjamin Davenport—At Large Amelia N. Ross-Hammond - Kempsville Bob Dyer- Centerville Barbara M. Henley - Princess Anne John D. Moss - At Large John E. Uhrin - Beach Rosemary Wilson- At Large James L. Wood - Lynnhaven CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGTION Senator Lynwood W. Lewis, Jr. — Senate District 6 Senator Frank W. Wagner— Senate District 7 Senator William R. DeSteph, Jr. —Senate District 8 Senator John A. Cosgrove, Jr. —Senate District 14 Delegate Ronald A. Villanueva—House District 21 Delegate Barry D. Knight—House District 81 Delegate Jason R. Miyares—House District 82 Delegate Christopher P. Stolle—House District 83 Delegate Glenn R. Davis—House District 84 Delegate Scott W. Taylor—House District 85 Delegate Joseph C. Lindsey —House District 90 Delegate Robert S. Bloxom—House District 100 SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY P OSITIONS 1. POST LABOR DAY OPENING FOR SCHOOLS SPONSORED BY THE VIRGINI BEACH CITY COUNCIL Background Information: The total spending from the tourism industry in Virginia Beach for 2015 was $1.4 billion, stimulating 12,924 jobs. Starting schools in Virginia Beach and other localities in the Co imonwealth prior to Labor Day would have significant financial consequences on the tourism indus . in the long term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks, which is prime family vacation time that cannot be replaced. If the V rginia Beach school system begins before Labor Day and other localities follow our lead, it will have a egative effect on the economic impact of the tourism industry cutting short the critical summer season hich will hurt small businesses, hardworking families and their employees. To a lesser extent, this will also have an impact on this industry by affecting the labor pool available prior to Labor Day. Request: The General Assembly is requested to maintain the existing legislation concern ng post Labor Day opening of schools. This allows all schools to open after Labor Day except those ;iven exemptions by the State Board of Education. . � 1 I .3 r 2. EXPANSION OF THE VIRGINIA HUMAN RIGHTS AC SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL MEMBER BOB DYER& VIRGINIA BEACH HUMA RIGHTS COMMISSION Background Information: The Virginia Human Rights Act (Va. Code § 2.2-3900 et seq.) currently prohibits discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City requests that the General Assembly amend the Virginia Human Rights Act to prohibit discrimination based on sexual orientation and gender identity. ,f(4t 4 3. MORATORIUM ON URANIUM MINING SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has been found in Pittsylvania County. This deposit is upstream of the John H. Ke Reservoir, which provides 93% of the inflow to Lake Gaston, which provides water directly to irginia Beach, and indirectly to most of Southside Hampton Roads. A study prepared by the National Academy of Sciences (NAS) indicates that uranium tailings disposal cells represent 1 ong-term risks for contamination, that limited data exist to confirm the long-term effectiveness of thos- disposal cells, and that extreme natural events combined with human errors have the potential to le.d to the release of contaminants. The NAS study concludes that Virginia has no experience with uran urn mining, that the federal government has little or no experience with wet climates and extreme prec pitation events, and that there are gaps in legal and regulatory coverage for uranium mining and 'teep hurdles to be overcome before mining could be established in Virginia within a regulatory framework that is protective of health, safety, and the environment. The City contracted with nationally prominent experts to prepare a study of the downstream water quality impacts that would occur from a hypothetical, catastrophic breach of an al ove-grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an a:sumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and fed:ral regulatory levels for up to two months during wet years and six to sixteen months during dry years The only practical response during this time would be to shut down the Lake Gaston project. Dependi g upon the weather, this could have significant consequences to all of Southside Hampton Roar s, but particularly, Chesapeake,Norfolk, and Virginia Beach. The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Ro.ds Planning District Commission have all passed resolutions opposing uranium mining in Virginia and lifting the legislative moratorium on uranium mining. Request: The General Assembly of Virginia is requested to maintain the existing moratori on uranium mining in Virginia. Also, the Commonwealth is requested to vigorously oppose federal co actions to overturn the Uranium Mining Moratorium. (See attached resolution by City Council) q-4) I 5 ***Please find attached a resolution adopted by City Council on Septemb•r 1, 2015*** 1 6 Resolution Page 1 1 A RESOLUTION REQUESTING THE 2 ATTORNEY GENERAL TO OPPOSE 3 VIRGINIA URANIUM'S LAWSUIT SEEKING 4 TO. INVALIDATE THE COMMONWEALTH'S 5 LONGSTANDING MORATORIUM ON 6 URANIUM MINING IN VIRGINIA 7 8 WHEREAS, the Virginia General Assembly enacted a Moratorium o Uranium 9 Mining in the early 1980's; and 10 11 WHEREAS, this Moratorium was established based on sI ientifically 12 demonstrated environmental concerns relating to Uranium Mining; and 13 14 . WHEREAS, Virginia Uranium, Inc. and its affiliated companies o n mineral 15 rights to a potentially large uranium deposit in the Roanoke River Basin; and 16 17 WHEREAS, Virginia Uranium has repeatedly attempted through th- General 18 Assembly to have the Moratorium lifted; and 19 20 WHEREAS, The General Assembly has maintained the Moratorium o Uranium 21 Mining; and 22 23 WHEREAS, Uranium Mining was opposed by multiple jurisdic ions and 24 organizations, such as the Roanoke River Basin Association, Hampton Road- Planning 25 District Commission, and the cities of Virginia Beach, Norfolk, and Chesapea e, among 26 many others, several of which obtain their drinking water from Lake Gaston, hich is in 27 the Roanoke River Basin and downstream from the Virginia Uranium site; an. 28 29 WHEREAS, Virginia Uranium recently filed suit in Federal Court to ch Ilenge the 30 legality of the Moratorium; and 31 32 WHEREAS, Virginia Uranium claims that the moratorium on mining w:s enacted 33 solely because of concerns arising from the disposal of uranium mining by-products and 34 that reguration of the disposal of uranium mining by-products has been pre -mpted by 35 Federal law and that, therefore, the moratorium on uranium mining is invalid; :nd 36 37 WHEREAS, Virginia Uranium requests the court to order the applicat •ns for the 38 licenses and permits needed to commence mining operations to be accepted and 39 processed in the same manner as they would if those permits and licenses •ertained to 40 any other mineral that may be legally mined; and 41 42 WHEREAS, Virginia Uranium's assertions are inimical to sound p blic policy 43 and contrary to settled principles of law, inasmuch as the several state, including 44 Virginia, clearly retain the authority to regulate uranium mining within their respective 45 borders; l Resolution Page 2 46 NOW, THEREFORE, BE IT RESOLVED BY THE VIRGINIA B CH CITY 47 COUNCIL: 48 49 That for the foregoing reasons, on behalf of the Citizens of Virginia :each, it is 50 respectfully requested that the Attorney General, on behalf of the Governor and other 51 officials of the Commonwealth who have been named as defendants, vigorou ly oppose 52 Virginia Uranium's lawsuit seeking to invalidate the Commonwealth's lo gstanding 53 moratorium on uranium mining in Virginia. 54 55 Adopted by the City Council of the City of Virginia Beach on the st day of 56 September, 2015. APPROVED AS TO LEGAL SUFFICIENCY: . City Attorney's Office CA13427 R-1 August 26, 2015 toix 8 4. MEDICAID EXPANSION POSITION SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL ***Please find attached a resolution adopted by City Council*** Resolution Page 1 1 A RESOLUTION REQUESTING THAT THE GENERAL 2 ASSEMBLY AND GOVERNOR ACCEPT AND IMPLEMENT 3 THE FULL EXPANSION OF MEDICAID AS PROVIDED BY 4 THE AFFORDABLE CARE ACT 5 6 WHEREAS, the Patient Protection and Affordable Care Act ("Affordable 41 are 7 Act") is a.2010 federal law which, among other things, expands the availability of h:alth 8 care through an expansion of Medicaid; 9 10 WHEREAS, as a result of the United States Supreme Court's decision in a •-se 11 in which it upheld the constitutionality of the Affordable Care Act, states now have the 12 option to chose whether to accept and implement the Act's Medicaid expansion; 13 14 WHEREAS, the Affordable Care Act's Medicaid expansion establishes a ew 15 income eligibility criterion of 133% of the federal poverty level and provides 1110% 16 federal funding for the expansion in the first three years, after which time the f-•eral 17 funding will be reduced to no less than 90%of the cost; 18 19 WHEREAS, the projected cost to Virginia is dwarfed by the billions of f-•eral 20 dollars which will flow into the state, and Medicaid expansion will not only pro ide 21 citizens with greater access to health care but will also support the state's health •-re 22 industry, employment,and Virginia's overall economy; 23 24 WHEREAS, although 47,775 Virginia Beach residents currently receive Medi aid 25 benefits, 51,730 additional adult City residents who are under the age of 65 re ain 26 uninsured; 27 28 WHEREAS, an estimated additional 14,650 Virginia Beach residents wil be 29 eligible for Medicaid expansion under the federal law, including a significant num•-r of 30 single persons and couples with incomes between $15,415 and $20,879, as we I as 31 certain families(depending on family size)with incomes up to$53,668; 32 33 WHEREAS, a significant number of uninsured Virginia Beach residents who 34 suffer from mental health or substance abuse disorders will be eligible for health -re 35 coverage through Medicaid expansion; and 36 37 WHEREAS, the expansion of Medicaid will increase local employment in m-•ical 38 services and other supportive health care industries(especially technology); 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CI OF 41 VIRGINIA BEACH,VIRGINIA: 42 1 10 Resolution Page 2 43 That the City Council requests that the Governor and the General Assembly take 44 the steps necessary to accept and implement in the Commonwealth of Virginia th full 45 Medicaid expansion as provided by the Affordable Care Act. Adopted by the City Council of the City of Virginia Beach, Virginia, on this th day of December , 2012. APPROVED AS TO CONTENT: APPROVED AS TO L:GAL SUFFICIENCY: _Ad W-411111 City '' _'11•-ince City Attorney's Offic CA12482 R-2 December 5, 2012 5. INCREASED FUNDING FOR MENTAL HEALTHCARE SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: People with serious mental illness, as well as their loved ones, and people with addiction disorders and their families face a crisis when it comes to accessing services they need. Decades of neglect to the mental health system, plus an increased need from people who are uninsured, underinsured, or facing economic hardship, have exacerbated the problem. According to the Virginia Department of Behavioral Health and Development Services, almost 4,500 Virginians are waiting to receive community-based services for mental health alone, and almost 1,500 of those have waited for services longer than four months. The well-being of families and our community is seriously threatened by the failure of those in need to receive timely and effective mental healthcare... Request: The City requests that the General Assembly provide significant increases to funding for mental healthcare services beyond that provided in 2016. The City supports the Virginia Association of Community Services Board(VACSB) budget priorities for 2017-2018 and requests funding to include, but not limited to the following: • Workforce development with a focus on recruiting and are retaining licensed or license-eligible staff by offering tuition reimbursement and clinical supervision financial incentives-- $3,991,000 • The VACSB Emergency Services and Substance Abuse Councils are seeking expansion of medical detoxification to improve our crisis response system for individuals with substance use dependence and ensure that resources are available for safe detoxification during a crisis episode -- $16,000,000. • Reintegration services for high-risk youth and adults to expand capacity for the purchase of community-based services and treatment to address youth and adults who are high-risk for re- hospitalization or re-offense due the severity of their behavioral health challenges -- $7,000,000 • Additional Waiver Slots: The VACSB Developmental Services Council is supporting The ARC's Waiver Waiting List Reduction Package to reduce the ID/DD Waiver waiting list by 50%. Waiver slots build capacities that will enable individuals who need developmental services and supports, including those with multiple disabilities,to live a life that is fully integrated in the community. o Fund 200 Developmental Disability Waiver slots as part of the DOJ settlement agreement in FY16 o Fund 800 Individual and Family Support Waiver slots in both FY 2017 &FY 2018 *Each ID waiver slot costs approximately$45,000 a year SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES I 13 6. AMEND THE VIRGINIA CODE SECTION §42.170 TO INCREASE THE CIVIL CASE FILING FEE ASSESSED IN 1988, FROM $4.00 TO $5.00 SPONSORED BY CITY COUNCIL MEMBER,AMELIA N. ROSS-HAMMOND Background Information: The Wahab Public Law Library (WPLL) is under the governance of the Department of Public Libraries, however, all operational funding, including that for personnel, is not derived from the City's General Fund, but from civil cases filed in the Virginia Beach Circuit and General District Courts. The Circuit Court Clerk takes 5% out of each $4.00 filing fee as a commission, as provided for in §17.1-289 of the Code of Virginia, with WPLL receiving a total of$3.80 per each$4.00 filing fee. WPLL ensures free access to a significant collection of current and accurate resources, specifically for the purpose of providing legal information. It is open to anyone in need of legal information for research and the practice of law in the community. WPLL has been a part of the Virginia Beach Public Library since 1971. The library is, as the name states, a Public Law Library. Our customers include citizens; employees in city and state agencies such as the City Attorney, Public Defender, Commonwealth's Attorney, Circuit Court; members of the legal profession; and students who are researching legal topics or studying legal writing and research as part of their certification or degree coursework. WPLL has evolved over the years from a small room near the Circuit Court Building in the early 1970's to the current location in the Court Support Building of the Judicial Center. The 5,000 square foot facility houses a collection of nearly 14,000 print volumes, and microform. The WPLL public computer lab features free Internet access for the public, legal research databases Lexis and Westlaw, and a microform reader printer. The WPLL staff consists of two full-time and two part-time employees. The Wahab Public Law Library (WPLL) is under the governance of the Department of Public Libraries, however, all operational funding, including that for personnel, is derived not Request: The City requests the General Assembly to increase the filing fee to $5. With a $1 increase, all funding will go to support the Law Library. Operation and maintenance of the Wahab Public Law Library cannot be sustained on the revenue it currently receives. Since 1995, WPLL relied upon financial assistance from both the General Fund and its revenue fund balance. The budget was reduced by nearly half in FY 2008, including a reduction in hours for the general public. In FY 2009, the WPLL budget was reduced again to balance expenditures with court revenue only and eliminate the need to obtain support from the General Fund. The lack of funding has resulted in inadequate staffing levels to cover all service points and a reduction in hours of operation to the general public. Insufficient operating costs to cover the purchase of legal resources have compounded. With the additional cost of a rent increase in FY16 from $12 per squ.re foot to $19.28 per square foot to be paid over a three-year period, the fund balance continues to diminish. By FY 2018, the fund balance will be below the required 10%balance that must be maintained per Management Services. 1, I 4 µy',r 7. VOTING RIGHTS SPONSORED BY CITY COUNCIL MEMBER,AMELIA N.ROSS-HAMMOND &THE HUMAN RIGHTS COMMISSION Background Information: The right to vote is a fundamental right of every citizen of our Commonwealth and nation and it is the foundation of our democracy. Barriers to the ballot box harm our state and our nation and are inconsistent with the ideals and principles upon which our great nation and our Commonwealth were founded. Increased voter participation, on the other hand, strengthens our democracy and results in leaders who are responsive to the diverse needs of all of our citizens. Request: The City requests that the General Assembly support legislation that removes barriers to voter participation and improves the ability of all Virginia citizens to exercise their fundamental right to vote. In particular, it is requested that the Right to Absentee Voting be offered to any person qualified to vote in person without providing a reason. Currently,there are specific excuses for voting early that limit turnout. 115 8. SOLUTION TO COASTAL FLOODING REGIONAL GREENHOUSE GAS INITIATIVE SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY Background Information: The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea Level Rise is real, and much of Virginia Beach is low and drains poorly. Storms that were small nuisances just 10-15 years ago, now caused major destruction of roadways and damage homes. The City Council has embarked on a strategy of studying the various watersheds within the City, which will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other localities in the region are doing similar efforts. This is a regional effort, which will take actions by the state, federal, and local government. It will also be a very expensive endeavor. The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and New York north, allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay below a cap that is set through the region, and these allowances are sold at quarterly auctions. The proceeds are then returned to the state for reinvestment. It's projected that roughly $200M in auction revenues through 2030 could be provided to Virginia. This could also help address the administration "Clean Power Plan". Request: The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva of Virginia Beach and Chesapeake in the 2016 Session. This would allow Virginia to join with the Northeast RGGI. This would allow us to manage cuts in carbon emission, while at the same time providing revenue to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25% of the U.S. population. They have had $1.3B in net positive economic impact, have cut pollution three times faster than non-RGGI states, and have had lower bills for power than other areas. V:41.1 X16 9. USE OF OYSTER LEASES FOR NAVIGATION PROJECT SPONSORED BY CITY COUNCIL MEMBERS,JAMES L WOOD&JOHN E. UHRIN Background Information: The City has numerous rivers and tributaries that require maintenance dredging. T is includes both the main channels of the Eastern and Western branches of the Lynnhaven River an. multiple navigation channels serving the multitude of neighborhoods of the fully developed watershed. Not only do these waterways provide access for homeowners to utilize their waterfront property, out these navigation channels support recreational boating for residents and visitors to the City in addit on to serving water- dependent local businesses and watermen. Virtually all of the coves of the Lynnh.ven were developed with navigation channels. With the support of General Assembly legislation, Special Service Districts (SSDs) are being created to formulate neighborhood navigation dredging projects to reclaim those navigation cha els that have filled with silt, mud and sediment foreign to the Lynnhaven's past. Restoring navigabl- channels for these waterfront neighborhoods is a critical goal for the City, and the Navigation SSD pro. am provides a venue to accomplish this. The silt, mud and sediment that have inundated this body o water contribute to degradation of the water quality of the Lynnhaven, which is condemned or restricted to oyster production in many areas. As a result of contamination, most oyster leases are unprodu•-tive or have costly restrictions and compliance measures before a harvest can be brought to market. Restoring navigation channels is a part of the City's effort to cleaning up the Lyn aven River, but the widely popular SSD neighborhood navigation dredging program has been placed at risk due to 2014 legislation barring localities from exercising eminent domain to acquire portions of oyster leases of state- owned bottomlands, even if the purpose is navigational dredging. Due to guar,intees made by the Commonwealth to the holders of oyster leases, consent from the oyster lease holde is required for any dredging permit issued by the Virginia Marine Resources Commission. The egal result of this requirement is that a single oyster lease holder with a nonproductive, vacant oyster .ed in a condemned creek retains veto power over a navigation dredging project affecting hundreds of waterfront property owners and recreational boaters. The oyster leases cost $1.50 per acre/per year for . 10-year lease, and although there is a requirement that leases be worked for oyster production, there are ,_enerous exceptions for rivers like the Lynnhaven, where such production would not likely yield oy ters. The proposed legislation is to promote a balance that allows the municipality and its property o ers to maintain the navigation channels while providing fair treatment to active producing oyster lease hole ers. , r Request: The General Assembly is requested to amend the code of Virginia §28.2-618 § 28.2-618. Commonwealth guarantees rights of renter subject to right of fishin The Commonwealth shall guarantee to any person who has complied with ground assignment requirements the absolute right to continue to use and occupy the ground for the to of the lease, subject to: 1. Section 28.2-613; 2. Riparian rights; 3. The right of fishing in waters above the bottoms, provided (i) that no person e -ercising the right of fishing shall use any device which is fixed to the bottom, or which, in any way, inter Beres with the renter's rights or damages the bottoms, or the oysters planted thereon, and (ii) that crab pots . ad gill nets which are not staked to the bottom shall not be considered devices which are fixed to the botto unless the crab pots and gill nets are used over planted oyster beds in waters of less than four feet at mtan low water on the seaside of Northampton and Accomack Counties; 4. Established fishing stands, but only if the fishing stand license fee is timely recei ed from the existing licensee of the fishing stand and no new applicant shall have priority over the oyster lease. However, a fishing stand location assigned prior to the lease of the oyster ground is a vested inter-st, a chattel real, and an inheritable right which may be transferred or assigned whenever the current licen•ee complies with all existing laws; and 5. In navigable waters that are located in the Lynnhaven River and its creeks and tri utaries, the right of navigation, including dredging projects to improve, deepen or restore existing na 'igation channels in areas approved by the Virginia Marine Resources Commission, so long as the person dredging designs the project to minimize affecting active, producing beds and, to the extent any such bed cannot be avoided, the dredger relocates the oyster material that would be disturbed at its sole cost or he Virginia Marine Resources Commission includes in its permit a condition that the person dredging wi.l pay the holder for any losses of oysters in production in an amount to be determined by agreement of the oyster holders or, if no agreement can be reached, by a court of competent jurisdiction as of the date he oysters are first disturbed. This change would allow the City to compensate for loss of use while allowing muc needed projects to go forward. (24(1) 10. REMOVE PREQUALIFICATION REQUIREMENT FOR BOND WAIVE PROGRAM SPONSORED BY CITY CO CIL MEMBER,BOB DYER Background Information: The City of Virginia Beach has undertaken many efforts to further equal opportunity and non- discrimination in City procurement. In 1995, the City Council created the r gion's first Minority Business Council (the "MBC"). The City and the MBC have worked over the ye. s to further programs and efforts to reduce barriers in City procurement to include: • The City Council establishing a goal of 10%minority participation in City Co Ztracts; • De-bundling of City contracts to better enable small, woman-owned, and minority-owned ("SWaM") businesses to compete; • Utilization of a comprehensive database of SWaM businesses and the types of goods or services that each business provides; • Enactment of a Small Business Enhancement Program requiring contractors to utilize at least 50% SWaM businesses in subcontracting plans; • Implementation of a City Administrative Directive to require solicitations of SWaM, including minority-owned and woman-owned, vendors for City contract of less th. $50,000. • Entry into a Memorandum of Understanding with the Virginia Departme t of Small Business abd Supplier Diversity (through its predecessor, Department of Minority B siness Enterprise) to develop a productive and mutually beneficial working relationship; • City Council adoption of a bond waiver program to the extent authorized by the General Assembly on Feb 7, 2006, which includes a prequalification process. The City of Virginia Beach has found that the prequalification process is time c nsuming for small business and as a result the bond waiver program has not been as successful as intend-d. Since inception, this program has only been used eight times by: 3 small businesses, 4 woman-own:d businesses, and 1 minority owned business. Request: The City of Virginia Beach urges the General Assembly to adopt legislatio to remove the prequalification process for waiving the bid bond for non-transportation projects bet een $100,000 and $500,000. \-:,711/ 1 1 11. ONLINE RENTAL PLATFORMS/AIRBNB AND OTHERS SPONSORED BY VIRGINIA BEACH CITY COUNCIL, Background Information: City Council adopted a Resolution in January 2016 requesting the General Asse ibly to give localities authority to regulate online platforms such as Airbnb. This is a growing issue for Vir:inia localities, in that property owners list their homes on the internet through these online platforms foi rental. The City has little authority to regulate these enterprises, which compete with the convention;1 hotel and bed and breakfast business. Conflicts also occur at the neighborhood level as the legal right If quiet enjoyment by adjoining property owners is impeded, and parking, health safety and welfare issues continue to grow. Additionally, the City and State are unable to collect the State Sales Tax and Local ransiency Occupancy Tax from these properties as currently required by law. This means that these prope ies are being illegally rented out (either whole house, or room), and compete directly against conventional hotels that must comply with health safety and welfare regulations, and collect and remit taxes due ..irectly to the locality and state. Every hotel is required by law to create a folio on every guest that shows he number of nights, money spent, etc., which is auditable by the state. No such audit train exists for the on ine rental platforms. The General Assembly referred this issue during the 2016 Session of General Ass ombly to the Virginia Housing Commission. A special workgroup, the Short-Term Lodging Workgroup, as been working on this issue, and is expected to produce recommendations by December 1St Request: The City of Virginia Beach requests the General Assembly to adopt legislation during 'he 2017 Session of General Assembly that requires these online rental platforms operate with the same requirements as the Traditional Lodging Industry does such as: • Collection of the taxes due and remittance directly to the state and local gover ents, • Regulation by localities for issues such as health, safety, and welfare incl ding adequacy of parking, • Control on where these properties are allowed to be located, • Requirement of platforms to delist non-compliant properties. Furthermore, some penalties for violating the above requirements, and also causing harm to quality of life in existing to neighborhoods that have the expectation of quiet enjoyment of thei properties should be included in the legislation. (Ti I 20 12. COASTAL PRIMARY SAND AND BEACHES ACT: UTHORIZING VIRGINIA BEACH WETLANDS BOARD TO ISSUE SAND MANAGEMENT GENERAL PERMIT SPONSORED BY CITY COUNCIL MEM 3ERS,BARBARA HENLEY Background Information: Sandbridge Beach is a nourished beach consisting of residentially zoned propert in Virginia Beach. Although portions of the beach are privately owned, they are subject to recreat'on and construction easements authorizing public use and sand replenishment. Many of the properties ave bulkheads along the western easement lines. Beach restoration projects have addressed erosion but over time, sand has migrated inland from the beach and in many cases overtopped the bulkheads, caus'ng interference with fences, gates, swimming pools, decks and other structures. This migrating sand creat-s safety hazards and interferes with the enjoyment and use of the owners' property. Under the current provisions of the Coastal Primary Sand Dune and Beaches Act, property owners cannot move sand that is oceanward of their bulkhead (or if no bulkhead, oceanward of th- nearest impervious surface) and cannot place and spread any sand removed from their property upo the beach without obtaining a permit from the Virginia Beach Wetlands Board ("the Board"). There are numerous properties along Sandbridge Beach that are affected by the accumulation of migrating sand. It i. cumbersome, costly and inefficient for each property owner to obtain an individual permit for the manage ent of this nuisance sand. A general permit process would benefit the public, the property owners and th:, City while allowing appropriate protection of the beach. Request: The City requests that the General Assembly amend the Coastal Primary Sand Dun: and Beaches Act, Section 28.2-1408.2 to add provisions authorizing the Board to issue a gene al permit for the management of nuisance sand ("Sand Management General Permit") in the ►andbridge Beach Subdivision and to provide a reasonable, timely and cost effective process for pro.-rty owners in the Sandbridge Beach Subdivision to become covered under the Sand Management Gene al Permit. A draft of the proposed amendment is attached. Va. Code Ann. § 28.2-1408.2 § 28.2-1408.2. Exemptions A. Notwithstanding the requirements of§ 28.2-1408 or any other provision of this Code, the Virginia Beach Wetlands Board (Board) shall make an ongoing determination in the Sandbridge Beach Subdivision to determine which structures or properties are in clear and imminent danger from erosion and storm damage due to severe wave action or storm surge. The owners of such structures or properties shall not be prohibited from erecting and maintaining protective bulkheads or other equivalent structural improvements of the type, size and configuration as approved by the Board. As used in this section, the"Sandbridge Beach Subdivision" means the area that is bounded on the north by Dam Neck Naval Base, on the west by Sandpiper Road, and on the south by Little Island Park. The Board shall not impose arbitrary or unreasonable conditions upon its approval of any such bulkhead or other structural improvement. The Board shall maintain a continuing responsibility to ensure that each bulkhead or structural improvement constructed under the authority of this section is maintained in a condition that is safe, structurally sound, and otherwise in conformity with the conditions imposed by the Board. Upon submission of an application to the Board pursuant to this section, as a requirement for approval, the applicant must consent in writing to any subsequent construction approved by the Board whereby an adjacent property owner desires to tie in a bulkhead at no additional cost with the bulkhead proposed by the applicant. Such consent shall constitute a waiver of property line defenses relating to the bulkhead line. B. The Board may develop and adopt, after holding a public hearing, a General Permit for Sand Management for properties in the Sandbridge Beach Subdivision along with appropriate Placement Profiles. The Board shall cause notice of the hearing to be published at least once a week for two (2) consecutive weeks prior to such hearing in a newspaper having general circulation in the City of Virginia Beach. Any Sand Management General Permit and Placement Profiles adopted by the Board shall set forth sand management practices that encourage owners of real property in the Sandbridge Beach Subdivision to undertake responsible, cost-effective sand management practices that protect and enhance the value and use of their property and that preserve and protect coastal primary sand dunes and public beaches and prevent their despoliation and destruction. The Sand Management General Permit and Placement Profiles shall specify all permissible sand management practices including, but not limited to, the manner in which sand removed from said properties shall be transported to and placed upon an appropriate sand placement and spreading zone as may be designated in the Placement Profiles promulgated by the Board, and the requirement that such sand shall be in the condition of clean beach sand prior to such transport and placement. The Board may from time to time revise the Sand Management General Permit and Placement Profiles as appropriate, in accordance with this subsection. Following adoption, the owner of real property in the Sandbridge Beach Subdivision, or the designee of such owner, may obtain coverage under the applicable Sand Management General Permit and Placement Profile by submitting a registration statement to the Board on a form to be promulgated by the Board requiring the following information: (i) Owner's name; (ii) Owner's address; (iii) Owner's telephone number and email address; (iv)Address of property or properties; (v) Designee's name: (vi) Designee's address; (vii) Designee's telephone number and email address; (viii) Identification of applicable Placement Profile for the property or properties; (ix) Signature of applicant or designee; and (x) Date of application. The Board may impose a reasonable fee in connection with processing the registration statement. I 22 The Board shall within thirty (30) days of receipt of a registration statement notify the applicant in writing whether the registration statement is approved or disapproved. The Board's written notice of approval or disapproval may be delivered to the applicant via email at the email address stated in the registration statement or it may be delivered via U.G. Mail at the address stated in the registration statement, or both. If the Board fails to notify the applicant in writing within thirty (30) days of receipt of a registration statement, then the registration statement it is deemed approved. If the registration statement is disapproved, the Board shall provide in its notification to the applicant a complete statement of the reason(s)for the disapproval. Notwithstanding the requirements of§ 28.2-1408 or any other provision of this Code, if the registration statement is approved, then the applicant is authorized to manage sand in accordance with the applicable Sand Management General Permit for a periodofthree (3) yeanafromnthedataof the application. The approval or disapproval of a registration statement submitted by an applicant is a decision of a wetlands board that is reviewable pursuant to §28.2-1411 of the Code. • 13. ROAD MAINTENANCE FUNDING FORMULA REVISION (ROAD DIE 5) SPONSORED BY CITY COUNCIL ME BER,ROSEMARY WILSON Background Information: The General Assembly created the roadway maintenance funding formula in the 1970s. VDOT uses this formula to determine how much money to pass thru to localities that maintain their o roads: "For the purpose of calculating allocations and making payments under this section, the Department shall divide affected highways into two categories, which shall be distinct from but based on functional classifications established by the Federal Highway Administration: (1) principal an. minor arterial roads and (2) collector roads and local streets. Payments made to affected localities shall be based on the number of moving-lane-miles of highways or portions thereof available to peak-hour traffic i that locality." (Code of Virginia §33.2-319, emphasis added) Absent an explicit definition for "moving-lane-miles", VDOT has interpreted the germ as lanes of any width that are open for thru motor vehicle use, thus excluding turn lanes, on-street par ing, and bike lanes. "Road diets" reconfigure the lanes of an existing road to improve the safety and e iciency of the road, often without changing the curb lines or edges. Road diets usually reduce the num s er of lanes but add other features such as center turn lanes and bike lanes. The prototypical road diet con erts a 4-lane road to have 2 thru lanes, a center turn lane, and 2 bike lanes. Such a conversion woulreduce a locality's inventory of"moving-lane-miles" and thus also the funds received for maintenance, but there would still be just as much asphalt to maintain. In 2015, HB1402 was introduced to adjust the formula so that localities conducting oad diets would not suffer reduced maintenance payments. The final form of HB1402 as adopted was li ited to the City of Richmond for 2015 only, but it also required VDOT to prepare a report on how to incl de bike lanes. In 2016, SB669 was introduced in response to the VDOT report, with the same goal ol preserving funding for localities that conduct road diets. SB669 applied only to bike lane conversions co ducted after July 1, 2014; limited localities to 50 moving lane miles or 3% of the locality's total; d required that a Professional Engineer (PE) assess the conversion for adequate capacity and compli. ce with the "Urban Bikeway Design Guide" of the National Association of City Transportation Officials i ACTO). Request: The General Assembly is requested to revise the roadway maintenance funding form la to accommodate the conversion of moving-lane-miles to bike lanes without reducing the maintenance ding provided to localities after the conversion,perhaps along the lines of SB669 (2016). 1 '24 14. MENHADEN FISHING REGULATION SPONSORED BY CITY COUNCIL MEMBERS,MAYOR WILLIAM D. SESSOMS,JR., .LOUIS R.JONES,JAMES L. WOOD JOHN E. UHRIN&BENJAMIN DAVENPORT Background Information: A small fish- Menhaden- is often referred to as "the most important fish in the sea". Because it is close to the bottom of the food chain, the populations of many species rely on the Menhaden as a source of food. These include important commercial fisheries and tourism such as: blue crab, rock fish, speckled trout, mackerel, flounder, tuna, and shark. Over fishing of Menhaden affects those populations, and hurts many people's income that rely on the sale of seafood to make a living. Tourism also suffers if the top of the food chain species go elsewhere in search of food. The importance of Menhaden is not solely founded on the population of other species. Menhaden also provide a service in filtering the Bay, second only in importance to the oyster. As they filter the Bay they return much needed oxygen to the waters for life to flourish. The Chesapeake Bay and the near shore Atlantic Ocean waters of Virginia Beach are commonly referred to as the "Menhaden Nursery". Maturation of the Menhaden primarily happens in the Bay which provides the Atlantic Coast with these important fish. Keeping the Menhaden population flourishing is not only healthy for the bay and for the entire Atlantic coast, but for the businesses that are such a part of the economic engines known as tourism and commercial fishing. Menhaden fishing is currently regulated by the General Assembly. Although the General Assembly's knowledge of many issues is both wide and deep, regulation of fisheries is best left to those more knowledgeable of the science. Menhaden is also a multi-state resource that needs to be looked at as a whole, rather than the needs of few. The General Assembly has removed itself from the regulation of most other fish & game species, and the regulation of Menhaden needs to be placed with the Virginia Marine Resources Commission where the technology and science exist to best manage it. Also, the current regulation of Menhaden does not require those fishing for this species to operate at a reasonable distance from shore either on the Bay or the Ocean. Breakage in nets leads to regular pollution of the Bay and Atlantic Ocean beaches with deposits of dead fish. Request: The City of Virginia Beach requests the General Assembly to adopt Legislation introduced during the 2016 legislative session similar to HB-150 introduced by Delegate Barry Knight, and SB-98 introduced by Senator John Cosgrove. This would require the Virginia Marine Resource Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. It would also require any moratorium on the fishery to be subject to legislative review. Additionally, as was proposed in HB-151 by Delegate Knight, in the 2016 legislative session, fishing for Menhaden with purse nets in the Chesapeake Bay would be prohibited within one mile and within three miles of the shore lines of Virginia Beach extending from the North Carolina border. This common sense legislation would allow this very important resource to be managed for the overall health of the Bay, the Atlantic Ocean, and Virginia's economy based on science and facts. • I 2 5 15. A GOVERNOR'S CABINET LEVEL STATE RESILIENCY OFFICER FOR RECURRENT FLOODING SPONSORED BY CITY COUNCIL MEMBER,JAMES L.WOOD Background Information: Hampton Roads is identified as one of the most flood prone areas in the nation. This is due to the combination of sea-level rise, subsidence of land, and construction in tidal areas over the last 400 years. That development has reduced natural drainage areas and the ability to absorb flooding along with a host of other reasons. To address these issues the General Assembly created the Joint Sub-Committee on Coastal Flooding. This is chaired by Delegate Chris Stolle of Virginia Beach. They have met multiple times over the last several years, and have identified a number of issues that need to be addressed by the General Assembly. One recommendation that was suggested, but not adopted, was that a State Resiliency Officer position be created. Currently, Secretary of Public Safety, Brian Moran is acting as the Commonwealth's Resiliency Officer by agreement with the Governor's office. Unfortunately, the issue of recurrent flooding is in need of constant attention due to its threat to the economy of Virginia, particularly in Hampton Roads, and the wellbeing of all of our citizens. Recurrent flooding for instance is a threat to major military installations in Hampton Roads, which was identified by the Hampton Roads Planning District Commission. The City of Norfolk is recognized as one of the most flood plain areas in the nation, second only to New Orleans, Louisiana. The ports of Virginia could become more susceptible to recurrent flooding, and their beneficial impact to the Commonwealth could be reduced if this issue is not addressed. Also there is an impact on almost every citizen in tidal Virginia because of the increase in nuisance flooding. Rain events that were unnoticed now create impassable streets and destroy property. Furthermore many insurance companies are reluctant to write homeowners policies because of increased risk/claims. Currently, the state lacks a single point of contact charged with identifying and addressing recurrent flooding issues and proposing methods to counter them. Request: The City of Virginia Beach requests the General Assembly to create a stand-alone cabinet level secretariat State Resiliency Officer, and program. This program should be identified as the lead in order to give direction, and ensure accountability to possibly one of the most important issues facing all of tidal Virginia. Furthermore, the Resiliency Secretariat should be closely aligned with the Secure Commonwealth Panel, and be sufficiently supported with staff and resources from other state agencies. The current operation of having this as a subordinate duty for the Secretary of Public Safety will likely prove to be ineffective in the long term for bringing resources to bear on this important issue. Recurrent flooding affects all of Coastal Virginia, and Hampton Roads especially. Even in times of scarce resources, as the Commonwealth is currently facing, this clear threat to the wellbeing of the Commonwealth's citizens and our businesses should be addressed effectively and resourced as needed • I 26 16. ANIMAL CRUELTY SPONSORED BY CITY COUNCIL MEMBER,JAMES L. WOOD Background Information: State law sets the penalties for cruelty to animals. Currently, Virginia Code § 2.2-6570 provides that an abuser can only be charged with felony animal abuse if(1) the animal dies as a result of torture or severe abuse; or (2) the abuser previously had been convicted within the last five years of cruelty to animals. Accordingly, if a Virginia court concludes that a defendant tortured or severely abused an animal, but the animal survived the abuse, the court cannot sentence the defendant to more than one year in jail unless the abuser had been convicted of the same offense within the past five years. If the defendant instead could be found guilty of a Class 6 felony, the court would have the discretion to sentence the abuser to up to five years imprisonment. Amending the law to allow a felony charge would enable our courts to better address severe instances of animal abuse. Request: The City Council requests that the General Assembly amend Virginia Code § 3.2-6570 to allow persons who severely abuse companion animals to be charged with a Class 6 felony, regardless of whether the animal survives or whether the defendant had been previously convicted of the same crime within the past five years. 1 27 17. GAP FINANCING REPEAL SPONSORED BY CITY COUNCIL MEMBER,JOHN D.MOSS Background Information: Virginia Code §58.1-3851.1 was adopted by the General Assembly in 2011. his statute allows a qualifying tourism project to receive revenues from state and local taxes generated o the project premises to support "gap financing," as that term is defined in the statute. The developer of such a project has to match the amount contributed by the state taxes, and the developer match is referred o as an "access fee." The state taxes, local taxes, and access fee are quarterly remitted to the City, irected to the local development authority, and paid to a private financial institution. Such paymen s continue until the qualified gap financing is paid in full. In 2015, the General Assembly modified §5; .1-3851.1 to allow a project with 70 percent of project funding, through debt and equity, to qualify for gap financing. The 2015 General Assembly also added §58.1-3851.2, which authorizes additional state d local taxes and developer access fee to be directed to gap financing for a"tourism project of regional significance." Rationale for Request: • Subsidies, no matter how noble there purpose, inject the inefficient applic.tion of capital. Rare would the denial that unfettered capitalism imposes social outcomes that a m.jority of our republic demands be mitigated. • The former being acknowledge, subsidies be they in the form of direct publii investment, indirect tax expenditures, and/or tax and fee rebates enabled by "GAP" financing or " ourism district" give new development a competitive advantage over existing businesses and real gns existing revenue streams from current businesses to the new subsidized development. • The opportunity cost of the displacement effect of taxpayer subsidized development, if recognized, is under assessed and underappreciated. • A level economic playing field in our free enterprise generates the most prosperity and the most innovation. • It is in the best long term interest of the Commonwealth to return to a free ma ket approach to local government. The current legislation while well intended is bad policy. Request: The City Council requests the General Assembly repeal §§58.1-3851.1 & 58.1-3851... (T.\ I 2 8 18. CERTIFICATE OF PUBLIC NEED SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: The Certificate of Public Need (COPN) has been used for many years to manage expensive healthcare delivery facilities in the Commonwealth. This means that when hospitals wish to expand adding new beds or equipment they must go to a state body to receive permission to do so. The Certificate of Public Need is seen as a way to reduce duplication of expensive services and facilities, and also to make sure that facilities constructed are not just those that profit the hospitals and other individuals the most. The COPN is seen as a way to reduce healthcare costs and make services available as widely as possible. However, many in the medical services delivery field see the COPN as an unwarranted intrusion into the free market. During the 2016 session of the General Assembly, multiple bills were introduced to either outright repeal or other adjustments/modifications to the existing law. Delegate Chris Stolle, of Virginia Beach, who is not only a medical doctor but a Hospital Administrator, introduced House Bill-1083. HB-1083 would have modified the COPN while maintaining the bedrock of the process. Delegate Stolle's bill was defeated; however, other legislation is being studied over the period between the 2016 session and the 2017 session. There will most assuredly be legislation introduced in the 2017 session that again ranges from outright repeal to modifications as needed. Request: The City of Virginia Beach requests the General Assembly retain COPN in its current form with process reforms similar to those recommended by Delegate Chris Stolle (HB 1083) in the 2016 session. This legislation addresses concerns surrounding the COPN process while maintaining the integrity of the program. Additionally, any legislation to deregulate COPN must be coupled with polices to promote access to care, ensure provision of essential health services, fund graduate medical education, and maintain the fiscal stability of Virginia's community. ;:8,r,-'!.'-''''''"2--..-',,, ; iid-4h.g6 , CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Appointing Elizabeth Bradley DeJarnette to the Position of Associate City Attorney MEETING DATE: October 4, 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: This Resolution appoints Elizabeth Bradley DeJarnette as an Associate City Attorney, effective October 7, 2016. She will serve as the City's Public Safety Attorney. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting De. . + • - • gency: City Attorney < ,L,;,�, � 'i`t"rti____ City Manager: 1 A RESOLUTION APPOINTING ELIZABETH BRADLEY 2 DEJARNETTE TO THE POSITION OF ASSOCIATE CITY 3 ATTORNEY 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That pursuant to § 2-166 of the City Code, Elizabeth Bradley DeJarnette is hereby 9 appointed to the position of Associate City Attorney, effective October 7, 2016. 10 11 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12 , 2016. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA13641 R-2 September 23, 2016 4E CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from My III Sons, LLC (83.76+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $461,611, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS MEETING DATE: October 4, 2016 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon seven (7) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. • Considerations: The subject property consists of two (2) parcels of land having approximately 83.76 acres outside of marshland or swampland. It is owned by My III Sons, L.L.C., a Virginia limited liability company. Under current development regulations, there is a total development potential of nine (9) single-family dwelling building sites, and one (1) has been reserved for future development. The parcels, which are shown on the attached Location Map, are located on Hungarian Road (GPINs: 1388-47-6179 and 1388-57-1235) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $461,611. This price is the equivalent of approximately $5,500 per acre. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.20% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.20% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Disclosure Statement Form Location Map Recommended Action: Adoption Submitting De• • :nt/Ag cy: Agriculture Department City Manager: 4. ,SPA 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM MY III SONS, LLC (83.76+/- ACRES), 2) THE 4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 5 IN THE MAXIMUM PRINCIPAL AMOUNT OF$461,611, AND 6 3)TRANSFER OF FUNDS TO PURCHASE U.S. TREASURY 7 STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $461,611; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS,the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.20% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however,that such 38 rate of interest shall not exceed 4.20% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $249,270 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 73 , 2016. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 0 1 � Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: FUNDS: ( 0.• #2.a It dht Direc oro finance City Attorney's Office CA13632 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\Wpdocs\D011\P015\00049813.DOC R-1 September 22, 2016 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2016-145 SUMMARY OF TERMS SELLER: My III Sons, LLC, a Virginia limited liability company PROPERTY LOCATION: Hungarian Road (GPINs: 1388-47-6179 and 1388-57-1235) PURCHASE PRICE: $461,611 EASEMENT AREA: 83.76 acres, more or less DEVELOPMENT POTENTIAL: 9 single-family dwelling sites (1 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.20%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.20%without approval of City Council. TERMS: Interest only,twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one (1) year following execution and delivery of the IPA. • NIA Virginia Beach APPLICANT'S NAME sGv‘s`u 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 4 The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning_Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: 00o /41e....._ 0 REVISIONS SUBMITTED DATE: 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:l- - If an LLC, list all member's nates: , i<L l �` EVA/ ;N4 If a CORPORATION, list the the names of all officers, difectors, 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. ❑ 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 vivo- Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 vow Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) dAccounting and/or preparer of your tax return Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than p, the Aoolicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) [] di Construction Contractors DIN Engineers / Surveyors/Agents Financing (include current [z( mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E Ei Legal Services Real Estate Brokers / a 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 Eran 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 \13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic '• . 1 ' figga� , Kir /t ' APPLICANT'S SI ATis)._ I PRINT NA E DATE PROP' • 0 ER'S SIGNATU PRINT NAME DATE Page 5 of 5 JIIIININNIIIiiiiisam 1 is I ,. r�_... _ — P1 '1, >, 'R O ,y z \\_____ W I 00 v 1 Ql v LoI G") \ "Cl z 11 w liI CO CO 1 UI V I IL, Li N W il C!1 ill'(• I ci -----7 II i __ _ �— _'._.. [ 0".:f):i'41.,' . i .1', '-'1: -.1' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from My III Sons, LLC (45.95+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $142,444, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS MEETING DATE: October 4, 2016 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon seven (7) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. • Considerations: The subject property consists of two (2) parcels of land having approximately 45.95 acres outside of marshland or swampland. It is owned by My III Sons, L.L.C., a Virginia limited liability company. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, and two (2) have been reserved for future development. The parcels, which are shown on the attached Location Map, are located on Hungarian Road (GPINs: 1388-44-8273 and 1388-54-3236) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $142,444. This price is the equivalent of approximately $3,100 per acre. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.20% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.20% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Disclosure Statement Form Location Map Recommended Action: Adoption Submitting D= - ' •ency: Agriculture Department .ateCity Manager:It �=� 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM MY III SONS, LLC (45.95+/- ACRES), 2) THE 4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 5 IN THE MAXIMUM PRINCIPAL AMOUNT OF $142,444,AND 6 3)TRANSFER OF FUNDS TO PURCHASE U.S.TREASURY 7 STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $142,444; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS,the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.20% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.20% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $76,920 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 73 , 2016. APPROVED AS TO CONTENT: APPROVED AS TO CONT .ti)0/t _ ;'_AO„Q Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: • NDS: I .� �` L_ �. / ICy rector of Finance City Attorney's Office CA13633 \\vbgov.com\DFS 1\Applications\City LawProd\cycom32\W pdocs\D011\P015\00049813.DCC R-1 September 22, 2016 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2016-146 SUMMARY OF TERMS SELLER: My III Sons, LLC, a Virginia limited liability company PROPERTY LOCATION: Hungarian Road (GPINs: 1388-44-8273 and 1388-54-3236) PURCHASE PRICE: $142,444 EASEMENT AREA: 45.95 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (2 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.20%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.20%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one (1)year following execution and delivery of the IPA. Virginia Beach APPLICANT'S NAME . SGAAs`t---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 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR 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). APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: 00o /,,epk._❑ REVISIONS SUBMITTED DATE: Yer 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.�J (A) List the Applicant's name:l_-L ' ' If an LLC, list all member's nates: .49,e4g/ Kry4j/- L' 4 ' m Ei/Je/ If a CORPORATION, list the the names of all officers, dlfectors, 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. ❑ 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 11\13 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 ---•- 1 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 oc of Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than El ;i the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 0' purchaser of the subject property (identify purchaser(s) and purchaser's service providers) El EX Construction Contractors [i Engineers /Surveyors/Agents Financing (include current Ef mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I:2( Legal Services Real Estate Brokers / U 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 3:.tic,ffM Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic, "I . ,*� � ,� / APPLICANT'S SI ATIE PRINT NAI(E .0 DATE . , /Mit A";4 i v-23 /� PROPS. • 0 ER'SSIGNATU• PRINT NAkE DATE A Page 5 of 5 \ f , \ \--1- ______-------- _____ , I _________ ----------- r _____-_. _ ------ ------------ 1 11 4 Y----- , _......, 6.) _ ,....2 .......__ -.. 1 1 \ z 1 1—. 0 UJ I el 00 i 1 00 3> 00 NJ 1 1 I 0 I Z ....j : UJ , I g )::21 Ti ) Z 1--) UJ 00 00 1 I NJ 1 UJ I CT) -1:11* ---a5 .------- --- . I I II, I I III III I. .......................*•** I I i `t � s) "l`` 1 CITY OF ,..„.„2„. VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting Increased Crossing Capacity Across Hampton Roads Harbor and Endorsing SEIS Alternative B MEETING DATE: October 4, 2016 • Background: The Virginia Department of Transportation, in concert with the Federal Highway Administration has published a Draft Supplemental Environmental Impact Statement ("SEIS") on providing additional transportation capacity to connect Southside Hampton Roads to areas north and west. Four alternatives were examined, along with a no-build alternative. Staff has reviewed these alternatives and has commented in the SEIS process. • Considerations: Alternative B adds capacity to the Hampton Roads Bridge Tunnel corridor and provides a new east-west connection from 1-564 to Route 164, connecting to 1-664, which can comply with the fiscally constrained Long Range Plan. Alternatives C and D are non-permittable based on comments by the Army Corps of Engineers and the Navy. The no-build alternative and Alternative A fail to address the purpose and need of the SEIS. • Public Information: A discussion was held with City Council on September 27, 2016. Public comment will be received at the October 4, 2016 meeting in Council Chambers. • Recommendations: It is recommended that City Council approve the attached resolution that supports the construction of Alternative B as detailed in the HRCS-SEIS. This includes the expansion of the Hampton Roads Bridge-Tunnel by 2 lanes and a new crossing of the Elizabeth River from Norfolk to Craney Island. • Attachments: Resolution. Recommended Action: Approval Submitting D-pa - • • -ncy: City Manager's Office i' Weifr- \City Manager: a - lb 1 A RESOLUTION SUPPORTING INCREASED CROSSING 2 CAPACITY ACROSS HAMPTON ROADS HARBOR AND 3 ENDORSING SEIS ALTERNATIVE B 4 WHEREAS, the Virginia Department of Transportation completed an 5 Environmental Impact Statement, culminating in a Record of Decision being issued by 6 the Federal Highway Administration (FHWA) in 2001, for a series of transportation 7 improvements called the Hampton Roads Crossing Study (HRCS); and 8 WHEREAS, at that time, the preferred alternative was Option 9, which would 9 have created a new east-west crossing from Interstate 564 to Interstate 664 with a 10 north-south spur to Craney Island and improvements to Interstate 664, including a new 11 Bowers Hill Interchange; and 12 WHEREAS, because construction had not begun on any of the approved 13 improvements of the preferred alternative, a new Supplemental Environmental Impact 14 Statement (SEIS) process was required; and 15 WHEREAS, the Virginia Department of Transportation, has completed a Draft 16 SETS for the Hampton Roads Crossing (HRCS-SEIS); and 17 WHEREAS, the Draft SEIS was published in July 2016 and a 45-day comment 18 period requiring public comment, ending in September 2016, was coordinated; and 19 WHEREAS, the Draft SEIS includes four alternatives, which are generally as 20 follows: 21 • Alternative A includes provision of two additional lanes in the 1-64 corridor 22 between 1-664 and 1-564, including the Hampton Roads Bridge Tunnel 23 costing $3.3 Billion; 24 • Alternative B includes Alternative A and a four-lane east-west bridge 25 connection from 1-564 to Craney Island and then south to Route 164 26 serving Craney Island costing $6.6 Billion, 27 • Alternative C, includes improvements to 1-664 from 1-64 to the proposed I- 28 564/1-664 connection to eight travel lanes plus two transit-only lanes, the 29 connection between 1-564 and 1-664 and improvements to Route 164 with 30 four travel lanes plus two transit-only lanes, widening of 1-664 south of 31 Mid Hampton Roads from four lanes to six lanes but no improvements to 32 the Hampton Roads Bridge Tunnel, costing $12.58 Billion 33 • Alternative D, includes all components of Alternatives B and C, absent the 34 mass transit-only lanes of Alternative C, costing $11.98 Billion; and 35 WHEREAS, the economic well-being of Hamptons Roads' economy is contingent 36 upon the timely movement of people, goods and services and the projected 37 development in western Hampton Roads and redevelopment in eastern Hampton 38 Roads which require additional crossings of Hampton Roads; and 39 WHEREAS, the Council of the City of Virginia Beach does not believe that the 40 No-Build Alternative nor Alternative A addresses the purpose and need of the SEIS and 41 should be removed from consideration; 42 WHEREAS, Alternatives C and D are deemed to be non-permittable based on 43 formal comments by the United States Army Corps of Engineers and the United States 44 Navy, and so should be removed from consideration; and 45 WHEREAS, the Council of the City of Virginia Beach finds that Alternative B adds 46 capacity to the Hampton Roads Bridge Tunnel corridor and provides a new east-west 47 connection from 1-564 to Route 164, connecting to 1-664 which can comply with the 48 fiscally constrained Long Range Transportation Plan. 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH: 51 That the City Council supports the proposed Alternative B to be built in 52 incremental, independent utility phases, as prioritized in the fiscally constrained 53 Hampton Roads 2040 Long Range Transportation Plan and advanced by project 54 readiness and using all means necessary to obtain a Record of Decision and a 55 Construction Permit from the U.S. Army Corps of Engineers so that it may be 56 constructed as soon as fiscally possible. Adopted by the Council of the City of Virginia Beach on the of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: k 11/111iivi:/. :de4t.ed Ro•e atthias Roderick R. Ingram City Manager's Office City Attorney's Office CA13649 R-1 September 27, 2016 [ Vt411.'"'A.114 4, p :31 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 4429 Blackbeard Road MEETING DATE: October 4, 2016 • Background: The Joanne Madeline Renn Living Trust (the "Renn Trust") has requested permission to maintain an existing concrete boat ramp, pier, bulkhead and shed and to construct and maintain 85 LF riprap, 74 LF timber bulkhead and 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 4429 Blackbeard Road. During review of this encroachment application, a shed was identified in the rear- yard setback. The shed has been reported to Zoning Enforcement for resolution. • 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, which is where the Renn Trust has requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicant's property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15-foot-wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Agreement, Ordinance and Map. Recommended Action: Approval of the ordinance. ilk lib Submitting Department/Agen • Public Works/Real Estate 1 ..rj City Manager: Dave Hanse 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 JOYCE AND THE 25' STRIP OF 8 CITY PROPERTY AROUND LAKE 9 JOYCE LOCATED AT THE REAR 10 OF 4429 BLACKBEARD ROAD 11 12 WHEREAS, the Joanne Madeline Renn Living Trust (the "Renn Trust") has 13 requested permission to maintain an existing concrete boat ramp, pier, bulkhead and shed 14 and to construct and maintain 85 LF riprap, 74 LF timber bulkhead and proposed 15 landscape buffers into the existing City property known as Lake Joyce and the 25' strip of 16 City property around Lake Joyce, (the "City Property") located at the rear of 4429 17 Blackbeard Road. 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Renn Trust has requested 28 permission to maintain an existing concrete boat ramp, pier, bulkhead and shed and to 29 construct and maintain 85 LF riprap, 74 LF timber bulkhead and proposed landscape 30 buffers into the City Property as shown on the map entitled: "Exhibit'A', Encroachment for 31 Joanne Renn," prepared by Professional Consultants, LLC, dated June 13, 2016 and 32 revised August 24, 2016, a copy of which is on file in the Department of Public Works and 33 to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and the Renn Trust (the "Agreement"), which is 38 attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as the Renn Trust and the City Manager or his authorized designee execute the 44 Agreement. 1 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2016. CA-13620 R-1 PREPARED: 9/12/16 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SPU LIC WORK , REAL ESTE DAN R: /R EY R 9111 ft SENIOR CITY ATTORNEY 2 LAKE JOYCE 4- 4' N/F CITY OF VIRGINN BEACH \, EX. CONC. RAMP ENCROACHES GPM: 1570 80 2438 EX. BULKHEADS ENCROACH MAX. 33.5' INTO CVB PROPERTY e��.,_ 38.2' INTO CVB PROPERTY ,\ �,F• iav Y r diL '' PROPOSED 74 LF. BULKHEAD s ,--- \ /=,1.i :fVe—- l M.B.31 PG.53 i �-SECTION OF EX .o%�. o�� WTUR�` 4.11;•,,i1::-.:15--,-= � . . -,--�_; EX. PIER (TO REMAIN) CONCRETERAMP TO BE BOAT da -��. . �� W y \\ H v (ENCROACHES 43.5' REPAIRED i�z/�// (� �.� . W INTO CVB PROPERTY) IN LOCATION) '.�.•j ,� 4, •fp.....e. W •� C Cm of vcraA BEACN- GPM:1570 80 2438 - TURF 4, .\ �� \- \'� 24' MAGNOUA i - ,` \\W . FX 6<k O\-KN�O/ ERO2' - N \W yFgO EX. ‘3° TURF �Q i TURF N \ . SG� EX. SHED ENCROACHES N N OHW REACHES EX. 0.67' INTO CVB PROPERTY \ 540 SF NN CONC. AND BULKHEAD 1,445 SF TURF (PROPOSED LANDSCAPE i'U.O.N. BUFFER) �� (PROPOSED LANDSCAPE EX. SH'D \ N 0 WN NNi 7GI CONC. BOAT RAMP N 7N 7 N 7 77 0 W \N i TURFLOT 19 N OP N/F MARILYN MITCHELL RLT N 160 SF 4433 BLACKBEARD ROAD (PROPOSED LANDSCAPE Z GPIN: 1479 79 5283 TURFW BUFFER) Z. n C) CO LOT 17 I i. 0 N/F EDWIN SPENCER TRUST '° p 4425 BLACKBEARD ROAD 4 GPIN: 1479 79 4067 0 2—STORY 0 4 BR. & FR. EROSION & SEDIMENT PROPOSED RIP RAP WILL #4429 TURF (7, CONTROL LEGEND ENCROACH MAX. 45.2' TEMPORARY TREE INTO CVB PROPERTY I I '' o PROTECTION PROPOSED BULKHEAD WILL I TP STANDARD & SPEC. 3.38 ENCROACH MAX. 37.7' 1. I I PROPOSED 2,145 SF LANDSCAPE INTO CVB PROPERTY BUFFER INCLUDES PLANTINGS OF: b ° oCANOPY TREES: (5 4'PST H OF UN)DERSDCYPRESS ORYTREES: 0 (10) NATCHEZ CREPE MYRTLES �� (15) SHRUBS TO BE PLANTED AMONG LOT 18 BLACKBEARD ROAD THE TREES AND THROUGHOUT THE o RICHARD T. BARTLETT D (M.B. 31, PG. 53) BUFFER AREA THAT WILL Lic. No. 18335 GPIN: 1479 79 4197 . ARCHITECTURALLY BLEND WITH THE AUGUST 24, 2016 1 a. SPECIES OF TREES PLANTED <-3 <(/ MISC. GROUND COVER, 0"<""<' \� &RNAMENTAL PERENNIIALGRASSES PLANTS Ss10 N A L ,� A.77.41' R-200' SPECIES MAY VARY DEPENDING PIN(F) AVAILABILITY AT TIME OF PIN (F) BUFFER REQ'D: 143'x15'=2,145 SF 0 30' , 60' illiiiiii ' BLACKBEARD ROAD (50') BUFFER PROVIDED: 2,145 SF REV 8/24/2016 1, = 30' F EXHIBIT "A" - ENCROACHMENT ZONING: R-10 JOANNE RENN ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE (757)773-8084 DAL RICKOPCC-LLC.COM JUNE 13, 2016 SHEET 1 OF 1 Part 2 — Signatures (continued) ADJACENT PROPERTY OWNER'S ACKNOWLEDGEMENT FORM I (we), Shirley Spencer , own land next to (across (Print adjaceit/nearby property owner's name) the water from/on the same cove as) the land of Joanne Renn (Print applicant's name(s)) I have reviewed the applicant's project drawings dated 8i9/2016 (Date) to submitted for all necessary Federal, state and local permits. I HAVE NO COMMENT' ABOUT THE PROJECT. I DO NOTOBJECT ✓ TO THE PROJECT. I OBJECT , TO THE PROJECT. The applcant has agreed to contact me for additional comments if the proposal changes,rior to construction of the project. (Before igning this farm be sure you have checked the appropriate option above). /lige y \rj_ / APO# 1 Adjacetintarby proberty owner's signature(s) Date Note: If you object to the proposal, the reason(s) you oppose the project must be submitted in writing to VMRC. An objection will not necessarily result in denial of the project; however,valid complaints will be given full consideration during the permit review process. December 2008 Revision i i S x4,4 r _I, ;.1,.. / 14 t , /7 1 C C • I -' = ' i CU , CC , .• c Or CO U , — 0- , t CL 41:t 4... 0 "0 CU ro M 0 a ce , ...-.. cu ce '0 ' I ...- 4... CO . . „,.. c cu cu .0 E I .c ru IL) (13 CO 0 alIm • .41"k ' .•••* Z. u Cs1 C Cr „ 4 ,4 ,-1/4 _ 1' C A. C 4 A) t w. C 41? co ►,.. .J }= w ,---.' 11 '%' f Yr *1-4-„,:l., T0 73 at , S S .t*- �Y'.y S SF fR W 1 M a § - M~ '� '.•. • • ;}, C cu 3• ie f, 1 - •• - z . ,, +'LzCO CO O L 01 i ii � ' ,t....-. V N C , ., W Cr ,. ,,, 4 ,7/, , . r. a �o a, I►. a W Z p' �� zi �pv �� ZH mQ� ��40 ,< 4 �,t.�' Owpwmn o 4g C, �� Q S LL Z V_ N kc) // .eO ir 4' O Q O a o 0 � �` ,440‘ , / "4b , ,fre, 4 • z N o1, l V J (26, ` �1 w s Ob b'9�') 4 * 4 g C li •• C CO 6U ^0- ^ 0 Q 4-a W as Cr Ce q YYIi// co C W W 1 ^�^ V N i (13 N U •V r 8 fa m s : a n �� v;Iii ° 3 L• dl d V v N Q W Tr Virginia Beach APPLICANT'S NAME Joanne Madeline Renn Living Trust (Joanne Renn) DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials Who may vote on the application as to whether they have a conflict of interest under Virginia law. • 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 t)e€tom s to the appiicat:lan='sI. APPLICANT NOTIFIED OF HEARING DAIL: ig NO CHANGES AS OF DATE. (//2.1/20(6 p REVISIONS SUBMI I I ED DATE: r r hk a � Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, 'firm, business, or other unincorporated organization. M Check here if the APPLICANT IS a corporation'partn7-7Z-,),,-7- h p firm, business, or other unincorporated organization. (A) List the Applicant's name:Joanne Madeline Renn Living`Vi - -r , list all member's names: Joanne Renn 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 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 41411111i1A3 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 APPLICANT ..,.... Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n n Accounting and/or preparer of Bill Winder your tax return nri Architect / Landscape Architect / I f Land Planner Contract Purchaser (if other than n �� the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed J n purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Zn Construction Contractors F'Rep 1-1e,1-E-' 8uIkheacJW j nn Engineers / Surveyors/ Agents Rick Bartlett, P.E., PCC, LLC Financing (include current ❑ El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) F-1 El Legal Services Real Estate Brokers / n n Agents/Realtors for current and I I 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 Inl 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 Virginia Bach..- CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is 1` complete,true, and accurate. that, upon receipt of notification that the application has been i understandI am responsible for updating the information scheduled for public hearing, ssion, Council, ovided herein two weeks prior to the Planning committee in connection with Bhis� meeting, or meeting Pr of any public body or . Illation. Joanne Renri3� ///CY id i DATE ' 122433231121 VIII Page Sof? 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 the JOANNE MADELINE RENN LIVING TRUST (the "Renn Trust), ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 18, Section 1, Block 1, Baylake Pines" as shown on that certain plat entitled: "Subdivision of No. 1, Princess Anne County, Bay Lake Pines" dated February 1954 and prepared by Frank Tarrall & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53 and being further designated, known, and described as 4429 Blackbeard Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing concrete boat ramp, pier, bulkhead and shed and to construct and maintain 85 LF riprap, 74 LF timber bulkhead and 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 4429 Blackbeard Road, all of which will be the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 (CITY PROPERTY- Lake Joyce/25'Strip of Land) GPIN 1479-79-4197 (4429 Blackbeard Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as Lake Joyce (the "Encroachment Area"); and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT FOR JOANNE RENN" prepared by Professional Consultants, LLC, dated June 13, 2016 and revised August 24, 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 this Encroachment Agreement does not provide permission to the Grantee to maintain a shed or other accessory structure on City property or within the rear-yard setback provided by the City Zoning Code. Also, the Grantee must procure any permits or variances required by law for the Temporary Encroachments and any other feature shown on the Exhibit to this Agreement. 3 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 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 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 shall establish and maintain the "Buffer" of a size and species of the Grantee's choice, as long as the trees are native trees, to be planted fifteen (15) feet landward of the bulkhead near the west property line. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon 4 satisfactory completion of the Buffer as determined by the City, the bond shall be released. 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, 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 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. 5 IN WITNESS WHEREOF, the Renn Trust, the said Grantee, has caused this Agreement to be executed by its Trustee, Joanne Madeline Renn. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 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: 7 JOANNE MADELINE RENN LIVING TRUST % By 2L- Jnne Gtwu.c. & ol-cMadeline Renn, Trustee STATE OF q��,� CITY/COUNTY OF 22A/ Nikettk , to-wit: The foregoing instrument was acknowledged before me this 7 o day of �. ►� , 2016 by Joanne Madeline Renn, Trustee of the Joanne Madeline Renn Living Trust. C ' C—k (SEAL) Notary Public Elaine Aird NotaryRegistration Number: NOTARY PUBLIC g 3G `7Om I Commonwealth of Virginia • Reg. #367008 My Commission Expires: �/3 I//� 4 My Commission Expires Oct 31,2017 1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFT • CY AND FORM II, • "OIL SIGNATURE 21 DANA R. . AR ' EY SENIOR CITY ATTORNEY DEPARTMENT 8 LAKE JOYCE g 4. N/F CM OF VIRGINIA BEACH \, EX. CONC. RAMP ENCROACHES GPIN: 1570 80 2438 EX. BULKHEADS ENCROACH MAX. / 33.5' INTO CVB PROPERTY AU :_ 38.2' INTO CVB PROPERTY +R v, • ••edPielesai ' PROPOSED 74 LF. BULKHEAD 4, 1�a .i�i�i a0��- �\ U.S.31 PC.53 •.-OT-.�.-tip SECTION OF EX. = -God%`-` ''TURA' _ '�".�-' W w--, EX. PIER (TO REMAIN) CONCRETE BOAT 40 � �� W/-W (ENCROACHES 43.5' RAMP TO BE ::'•- REPAIRED -..r.--,if.i'' W -. - -P W \`< W .�-. INTO CVB PROPERTY) (NO CHANGE 4#41. / W W° J * . W , IN LOCATION) 0:;07 C OW OF VIRGINIA BEACH ��• W AO c 0� GPIN:1570 80 243e NRF % W W\ N �'\- �� 24" MAGNOLIA ,,—1 ►_— - - * W Ek J W �� \ [ eU, N gV`K TURF FR / TURF \ \W 0 EX i / SC�F� EX. SHED ENCROACHES \� N -OHW REACHES EX. 0.67' INTO CVB PROPERTY 540 SF \N i' CONC. AND BULKHEAD \ 1,445 SF (PROPOSED LANDSCAPE ' i'U.O.N. TURF (PROPOBUFFER LANDSCAPE EX. SH'D NN BUFFER) C) iN v ' CONC. BOAT RAMP N \N � O �N i N TURF ! LOT 19 N 47` N/F MARILYN MITCHELL RLT N 160 SF 4433 BLACKBEARD ROAD (PROPOSED LANDSCAPE Z GPIN: 1479 79 5283 BUFFER) �^l� TURF t(' Z t 5 LOT 17 p1 L T N/F EDWIN SPENCER TRUST 1' 4425 BLACKBEARD ROAD `' O GPIN: 1479 79 4067 0 2-STORY 0 BR. & FR. EROSION & SEDIMENT PROPOSED RIP RAP WILL #4429 TURF0 y CONTROL LEGEND ENCROACH MAX. 45.2' TEMPORARY TREE INTO CVB PROPERTY I I " o PROTECTION PROPOSED BULKHEAD WILL TP STANDARD & SPEC. 3.38 ENCROACH MAX. 37.7' I I PROPOSED 2,145 SF LANDSCAPE INTO CVB PROPERTY 2Pr, 4 BUFFER INCLUDES PLANTINGS OF: b ., ____:: ' CANOPY TREES: \\�PCT H OF (5) BALD CYPRESS A,I.-117,trivik w �j, UNDERSTORY TREES: (10) NATCHEZ CREPE MYRTLES LOT 18 BLACKBEARD ROAD (15) SHRUBS TO BE PLANTED AMONG o RICHARD T. 6ARTLETT > (M.B. 31, PG. 53) THE BUFFEREES AREA TTHAT WILL THE Lic. No. 18335 . GPIN: 1479 79 4197 ARCHITECTURALLY BLEND WITH THE a SPECIES OF TREES PLANTED AUGUST 24, 2016 ,c " ' w MISC. GROUND COVER, O � <, ORNAMENTAL GRASSES ��S �\ a & PERENNIAL PLANTS S10 N A LF R=200' SPECIES MAY VARY DEPENDING ON A=77 41 PIN(F) AVAILABILITY AT TIME OF PLANTING PIN(F) BUFFER REO'D: 143'x15'=2,145 SF 0 30' ' 60' ' BLACKBEARD ROAD (50') BUFFER PROVIDED: 2,145 SF illi ..1REV 8/24/2016 EXHIBIT "A" — ENCROACHMENT 1" = 30' FOR ZONING: R-10 JOANNE RENN ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757)773-8084 EMAIL: RICKOPCC-LLC.CON JUNE 13, 2016 SHEET 1 OF 1 1,11 �V v CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Appropriate $706,385 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund for Marketing Activities (2) An Ordinance to Transfer Funds within the FY 2016-17 Operating Budget of the Convention and Visitor's Bureau and to Authorize Seven New FTEs MEETING DATE: October 4, 2016 • Background: In August 1995, City Council established the Tourism Advertising Program (TAP) Special Revenue Fund with the intent to use the TAP Fund for the City's travel and tourism advertising programs. This fund collects revenues dedicated from one cent of the percentage-based portion of the transient lodging tax, one-half cent of the restaurant meal tax, and a flat lodging tax of one dollar per night. At the close of FY 2015-16, the TAP Fund is anticipated to have an un-appropriated fund balance of $806,385. The fund balance results from previously appropriated funds that lapsed at the end of the fiscal period and accumulated interest. Additionally, revenues from the previous fiscal year that exceeded estimates are available for appropriation by Council. Historically, this amount has been appropriated by City Council in the subsequent fiscal year. Of the anticipated fund balance, $706,385 is being requested for appropriation. Historically, the City Council has continued its support by appropriating these revenues to the TAP Fund in the Operating Budget for the City's advertising and marketing programs to promote and increase tourism, conventions and amateur sports competition visitation to the City. These programs include the operation and maintenance of the Visitor Information Centers and additional regional and national advertising for the City with increased emphasis on marketing through the City's website, www.visitvirginiabeach.com, and a variety of electronic media. In April 2016, Brad van Dommelen was appointed as the new Director of the Convention and Visitor's Bureau. On September 20th, Mr. van Dommelen briefed the City Council on his observations regarding the Department after his first six months on the job and made two specific proposals in order to improve departmental operations and increase fiscal efficiency. The first proposal is to redirect a portion of the funds currently allocated to the department's advertising agency to more effectively utilize and increase oversight of advertising resources in the TAP fund. The implementation of this proposal requires the addition of five new FTE's, three of which will be performing duties previously handled by the advertising agency and two of which will replace current contracted positions. In addition to the positions, funding will also be required for computers for three of these positions along with a new integrated software platform. The second proposal is to add two additional FTE's (from within the Tourism Investment Program Special Revenue Fund (the TIP Fund)) in the Resort Management Office to monitor adherence to permitted activities for special events occurring in the Resort Area. • Considerations: Two ordinances are attached to this agenda item. The first ordinance seeks to appropriate available TAP Fund fund balance for the following marketing purposes: 1. Increase investment in existing and new advertising and marketing programs (specifically targeting additional domestic leisure advertising) to more effectively promote Virginia Beach as a year-round destination in existing and new opportunity markets ($656,385); 2. Invest in marketing sponsorship opportunities associated with U.S. Travel Assoications IPW 2017 event in Washington DC (June 3-7, 2017). The event is the travel industry's premier international marketplace and the largest generator of travel to the U.S. and brings more than 1,300 international and domestic travel buyers together with supplier destinations like Virginia Beach. The proximity of this event to our City brings a very unique opportunity to showcase our destination ($50,000). If these funds are appropriated, the TAP Fund will have a fund balance of $100,000 to allow for an emergency reserve. The second ordinance provides for a re-allocation of resources within the CVB. This request is for the creation of seven new FTEs. Of the seven, five are funded by the TAP fund (one Convention and Tourism Market Administrator, one Administrative Assistant, one Multimedia Communications Specialist II, one Administrative Specialist II, and one Media and Communications Coordinator I). The creation of these positions will allow the CVB to bring several key functions currently performed as part of the CVB's existing agency programs in house, reducing existing targeted agency expenditures by an estimated $55,852/month. The difference in the costs associated with the creation of these positions (including the required operating expenses associated with them) and the reduced targeted agency expenditures will be redirected towards increasing our advertising efforts to further promote Virginia Beach as a year-round destination. Two new full-time Event Coordinator positions are also requested in the TIP Fund. Due to the seasonal nature of many of the large special events occurring in the Resort Area, the CVB requests that the two new positions in the TIP fund be authorized as of April 1, 2017. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve the attached ordinances. ■ Attachments: Ordinances (2) Recommended Actio l • pproval /\ ;1 Submitting De• . t ent/A•ency: Convention and Visitors Bureau ✓ / City Manager: 1 AN ORDINANCE TO APPROPRIATE $706,385 FROM 2 THE FUND BALANCE OF THE TOURISM ADVERTISING 3 PROGRAM SPECIAL REVENUE FUND FOR 4 MARKETING ACTIVITIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $706,385 is hereby appropriated, with specific fund reserves increased 10 accordingly, from the fund balance of the Tourism Advertising Program Special 11 Revenue Fund To the Convention and Visitor's Bureau's FY 2016-17 Operating Budget 12 for various marketing projects to promote the City as a year-round destination and for 13 marking sponsorship opportunities associated with U.S. Travel Association's IPW 2017 14 event 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: B 77er&-eto'% David Bradley Roderick Ingram Budget and Management Se ices City Attorney's Office CA13645 R-2 September 23, 2016 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 FY 2016-17 OPERATING BUDGET OF THE 3 CONVENTION AND VISITOR'S BUREAU AND TO 4 AUTHORIZE SEVEN NEW FTES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1. Five FTEs are hereby established in the Convention and Visitor's Bureau FY 10 2016-17 Operating Budget, and the funding for such FTEs shall be provided by a 11 transfer of $306,683 from the Tourism Advertising Special Revenue Fund; 12 13 2. Two FTEs are hereby established in the Convention and Visitor's Bureau FY 14 2016-17 Operating Budget, and the funding for such FTEs shall be provided by a 15 transfer of $48,168 from the Tourism Investment Program Special Revenue Fund; and 16 17 3. Section 1, above, shall be effective immediately; and 18 19 4. Section 2, above, shall be effective April 1, 2017. 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: r David Bradley Roderick Ingram Budget and Management Services City Attorney's Office CA13647 R-1 September 23, 2016 nN BE0Cyrte,‹ , , t ; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds from the Virginia Department of Behavioral Health and Developmental Services within the Department of Human Services to Establish a Permanent Supportive Housing Program MEETING DATE: October 4, 2016 • Background: The Department of Human Services (DHS) has been awarded $740,195 in FY 2016-17 and $714,300 in future fiscal years ongoing state funding from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to implement a Permanent Supportive Housing (PSH) program. This funding is part of the DBHDS Annual Performance Contract and is restricted to use by the Community Services Board (CSB) for the PSH program. The state funding will provide housing assistance to 52 individuals with a Serious Mental Illness diagnosis who are chronically homeless and meet the income requirements. Individuals will meet the homelessness criteria if they are chronically homeless, at risk of becoming chronically homeless, or are unstably housed and are frequent users of hospital or criminal justice system interventions. The PSH program is a collaborative project with the Department of Housing and Neighborhood Preservation (DHNP) and will provide affordable supportive housing opportunities for very low income adults with serious mental illness. The program goals are: • Promote wellness through integration of care • Prevent and end homelessness • Avoid hospital admissions • Facilitate discharges from institutional facilities • Community integration The PSH program service model is comprised of evidence-based recovery-oriented service delivery models and is rooted in the following key principles: • Choice of housing • Separation of housing and services • Decent, safe, and affordable housing • Access to housing • Flexible, voluntary services ■ Considerations: There is no additional General Fund support required for this program. Per the terms of the award, one new full-time and one new part-time MH/MR Clinician II positions will provide supportive services to assist with acquiring and maintaining housing, and serve as liaisons between landlords, DHNP, and an individual's treatment team. Funding is also provided to support 33% of an existing DNHP Housing Specialist, who will perform rental calculations, mange landlord payments, and perform rental property inspections. The remainder of the award covers rent payments and utility allowances for individuals participating in the program, and office support costs for the clinicians. The first year funding also includes the purchase of one vehicle to accommodate home visits by the clinicians and office set-up expenses for new positions, along with a reserve to assist individuals participating in the program with current and future year costs related to securing, furnishing, and maintaining safe and stable housing. If this funding is accepted and appropriated by City Council, DHS anticipates accepting individuals into the program beginning in October 2016. Over the next 12-to-15 months, the program will house approximately new 4 individuals per month until the program capacity of 52 is reached. As required by the State in the Annual Performance Contract with the CSB, state funding for the PSH Program that is not spent by June 30, 2017 is to be reserved in a separate account, such as in a special reserve in the Fund Balance of the General Fund or carried forward into FY 2017-18 for re-appropriation and use in this program in FY 2017-18 and future years. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting D: • - it -nt/A•ency: Department of Human Services , tif//--- City Manager: ii :f L 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES 4 WITHIN THE DEPARTMENT OF HUMAN SERVICES TO 5 ESTABLISH A PERMANENT SUPPORTIVE HOUSING 6 PROGRAM 7 8 WHEREAS, the Virginia Department of Behavioral Health Services (DBHDS) has 9 awarded the Virginia Beach Human Services Department an additional $740,195 in 10 ongoing state funding as part of the annual DBHDS Performance Contract to establish a 11 Permanent Supportive Housing Program for very low income adults with serious mental 12 illness, and is not requiring a local funding match. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 (1) $740,195 is hereby accepted from the DBHDS and appropriated,with estimated 18 state revenues increased accordingly, to the FY 2016-17 Operating Budget of 19 the Department of Human Services to implement a Permanent Supportive 20 Housing program including start-up costs; and 21 22 (2) One additional full-time equivalent Clinician position and one part-time Clinician 23 position totaling 1.5 FTEs are authorized in the FY 2016-17 Operating Budget of 24 the Department of Human Services to serve in the new Permanent Supportive 25 Housing program, and the FTEs authorized herein shall be contingent upon the 26 continued state funding. 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 Nana- armeyer Budget and Management Services City Attorney's Office CA13638 R-3 September 27, 2016 vs`'�Ankt>> ray .� r t ar `ice-. CITY OF VIRGINIA BEACH \. AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fund Balance of the Commonwealth Attorney's Federal and State Seized Assets Special Revenue Fund and to Transfer Funds within the FY 2016-17 Operating Budget of the Office of the Commonwealth Attorney to Purchase a Replacement Case Management System MEETING DATE: October 4, 2016 ■ Background: The Office of the Commonwealth Attorney (CWA) needs to replace its existing case management application. The existing case management system is SunGard Integrated Justice Suite/Prosecutor, which was developed 6.5 years ago and has been operational for 3 years. The SunGard application lacks the functionality required by the CWA to efficiently manage the prosecutorial caseload as well as perform data queries and analysis of prosecutorial caseload data contained in the database. CWA has identified 500+ requirements that are needed in the replacement system, many of which are not met by the SunGard system. The CWA has been working with the Department of Information Technology (IT) over the last year to develop the list of requirements and proposal for the replacement case management system. One such requirement is that the replacement system should be able to accommodate the CWA's process to transition to a paperless operation in future years. The CWA is working with the City's IT Department in securing this work product. a Considerations: The estimated cost of the replacement case management system is $365,000. The CWA requests Council approval to transfer $225,000 within the CWA's FY 2016-17 Operating Budget and appropriate $140,000 from the fund balance of the CWA's Federal and State Seized Assets Special Revenue Fund to cover this cost. As of September 13, 2016, the CWA's Federal and State Seized Assets Special Revenue Fund has a fund balance of $753,640. Operating and maintenance costs already budgeted for the existing SunGard system would be used to cover the same for the replacement system. ■ Public Information: Information will be disseminated through the regular Council agenda notification process. ■ Recommendations: Adopt the attached the ordinance. ■ Attachment: Ordinance _ , '1 lj Recommended Action: Approval Submitting D•pa e • s ency: Office of the Commonwealth's Attorney City Manager �J� 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 FUND BALANCE OF THE COMMONWEALTH ATTORNEY'S 3 FEDERAL AND STATE SEIZED ASSETS SPECIAL 4 REVENUE FUND AND TO TRANSFER FUNDS WITHIN THE 5 FY 2016-17 OPERATING BUDGET OF THE OFFICE OF THE 6 COMMONWEALTH ATTORNEY TO PURCHASE A 7 REPLACEMENT CASE MANAGEMENT SYSTEM 8 9 WHEREAS, the existing case management system in the Office of the 10 Commonwealth Attorney requires replacement as it lacks the functionality required to 11 efficiently manage the prosecutorial caseload as well as perform data queries and analysis 12 of prosecutorial caseload data contained in the database. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 (1) $140,000 from the fund balance of the Commonwealth Attorney's Federal and State 18 Seized Assets Special Revenue Fund is hereby appropriated, with estimated 19 revenue increased accordingly, to partially fund the replacement of the case 20 management system; and 21 (2) $225,000 is hereby transferred with the FY 2016-17 Operating Budget of the 22 Commonwealth Attorney to fund the balance of the cost to replace the case 23 management system. 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: C vV V 3 David Bradley Roderick Ingram Budget and Management Services City Attorney's Office CA13637 R-1 September 20, 2016 <.Ci A z; Iya N y, isya*<`"nom/ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Replacement of Dive Equipment for Police Marine Patrol Officers MEETING DATE: October 4, 2016 • Background: The U.S. Department of Homeland Security's Federal Emergency Management Agency has awarded the Virginia Beach Police Department (VBPD) $12,375 in federal grant funds under the FY 2016 Port Security Grant Program. The purpose of the grant is to strengthen the nation's critical infrastructure against risks associated with potential terrorist attacks. To be eligible for funding, agencies must be members of an Area Maritime Security Committee and be required to provide port security services. The VBPD is the primary responder in the region and is the only local agency to patrol the waters of both the Atlantic Ocean and the Chesapeake Bay in the Hampton Roads region. This grant will provide various pieces of public safety dive equipment — specifically, air tanks, regulators, wetsuits, underwater diver communication systems, and associated equipment — to support public safety diving operations for all members of the VBPD Dive Team. The VBPD Marine Patrol and Dive Team is a full-time, year round specialty unit within the VBPD Special Operations Command. • Considerations: The total award for this grant is $12,375. No match is required for this funding. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval . i1/44 94_0____ Submitting D. •• - , - i • =ency: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE REPLACEMENT OF DIVE EQUIPMENT 3 FOR POLICE MARINE PATROL OFFICERS 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 1. $12,375 is hereby accepted from the Department of Homeland Security and 7 appropriated, with estimated federal revenues increased accordingly, to the FY 8 2016-17 Operating Budget of the Police Department to purchase public safety dive 9 equipment to support public safety diving operations; 10 11 2. The equipment purchased with these grant funds is not guaranteed to be replaced 12 by the City of Virginia Beach. 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: :7U David BradleyRoderick Ingram Management Services City Attorney's Office CA13639 R-1 September 2.1, 2016 N ,,,0%�a:. �qCh�. -'7 CITY OF VIRGINIA BEACH AGENDA ITEM ./ ITEM: An Ordinance to Accept and Appropriate Grant Funds from Federal Emergency Management Agency for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: October 4, 2016 • Background: The Federal Emergency Management Agency (FEMA), the emergency preparedness branch of the Department of Homeland Security, has approved the continuation of funding for Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. • Considerations: FEMA has awarded $1,418,582 to VA-TF2 for support of ongoing expenses for a 36 month period from September 1, 2016 through August 31, 2019. The grant does not require a local match. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This annual preparedness grant continues funding for 2.25 FTEs previously approved by City Council in the current FEMA cooperative agreement grant including 1 full-time position (Admin Technician) and 2 part-time positions (Training Manager and Logistics Manager — Total of 1.25 FTE). The grant provides funding for the continuation of facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA—TF2 at required performance levels. O Public Information: Public information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De, •- • m- • __ . A .ency: Fire Department''" j J/ 0 City Manager: i 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM FEDERAL EMERGENCY 3 MANAGEMNT AGENCY FOR THE CONTINUED 4 OPERATION OF THE VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $1,418,582 is hereby accepted from the U.S. Department of Homeland Security, 11 Federal Emergency Management Agency, and appropriated, with federal 12 revenues increased accordingly, to the FY 2016-17 Operating Budget of the Fire 13 Department for the FY2016-17/2017-18 Cooperative Agreement Grant that 14 continues operation of the Virginia Task Force 2 Urban Search and Rescue 15 Team; and 16 17 2. That 2.25 FTE of current grant-funded positions are hereby approved for duration 18 of the grant expenditure period and conditioned upon continued grant funding. 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 members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY c c David Bradley Roderick Ingram Management Services City Attorney's Office CA13640 R-1 September 21, 2016 L. PLANNING 1. ALDI (N.C.) LLC I THREE FIVE MINISTRIES, INC., Conditional Change of Zoning from R-15 Residential District to Conditional B-2 Community Business District for a grocery store at 929 First Colonial Road (Deferred August 16, 2016) DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 2. TELXIUS CABLE USA,INC./CITY OF VIRGINIA BEACH Conditional Use Permit re Fiber Optics Transmission, East of Corporate Landing Parkway and West of General Booth Boulevard DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. THOMAS WILDER/JUAN SUAREZ/ARCH DIXON/JALALADIN MANSOURZADEH Conditional Use Permit re a Craft Brewery at 2505 Horse Pasture Road (Deferred September 6, 2016) DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL ro NOTICE OF PUBUC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, October 4, 2016 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 7-PRINCESS ANNE TELXIUS CABLE USA,INC./CITY OF VIRGINIA BEACH Conditional Llse Permit(Fiber Optics Transmission Facility) East of Corporate Landing Parkway, West of General Booth Boulevard (Part of GPIN 2415228593) DISTRICT 3-ROSE HALL THOMAS WILDER / JUAN SUAREZ, ARCH DIXON & JALALADIN MANSOURZADEH Conditional Use Permit (Craft Brewery) 2505 Horse Pasture Road, Suites 102, 103 & 104 (GPIN 1495857045) DISTRICT 5-LYNNHAVEN ALDI (N.C.) LLC / THREE FIVE MINISTRIES, INC. Conditional c'hanee of Zonine from R-15 Residential District to Conditional B-2 Community Business District 929 First Colonial Road (GPIN 2408605805) All interested parties are in ed to attend. Ruth Hodges er,MMC City Clerk Copies of the proposed ordinances, resolutions, and amendments are on file and may be examined in the Department of Planning or online at httn://www.vbeov.com/oc. 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 18&25, 2016 ii., rlc,1t, Bart rp • ) <4. • 1't NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, October 4, 2016 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 7-PRINCESS ANNE TELXIUS CABLE USA,INC./CITY OF VIRGINIA BEACH Conditional Use Permit(Fiber Optics Transmission Facility) East of Corporate Landing Parkway, West of General Booth Boulevard (Part of GPIN 2415228593) DISTRICT 3-ROSE HALL THOMAS WILDER / JUAN SUAREZ, ARCH DIXON & JALALADIN MANSOURZADEH Conditional Use Permit (Craft Brewery) 2505 Horse Pasture Road, Suites 102, 103 & 104 (GPIN 1495857045) DISTRICT 5-LYNNHAVEN ALDI (N.C.) LLC / THREE FIVE MINISTRIES, INC. Conditional Change of Zoning from R-15 Residential District to • Conditional B-2 Community Business District 929 First Colonial Road (GPIN 2408605805) All interested parties are in ed to attend. Ruth Hodges r er,MMC City Clerk Copies of the proposed ordinances, resolutions, and amendments are on file and may be examined in the Department of Planning or online at http:!/www.vbgov.com/pc. 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 3854303. BEACON:SEPTEMBER 18&25, 2016 75 Item—VI-K2 PLANNING ITEM#66244 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon application of ALDI (N.C.) LLC/ THREE FIVE MINISTRIES, INC. Conditional Change of Zoning from R-15 Residential District to Conditional B-2 Community Business District at 929 First Colonial Road re redevelopment to a grocery store DISTRICT 5—LYNNHA VEN Voting: 9-0 Council Members Voting Aye. M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining. Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones Council Members Absent: None August 16, 2016 5- \ t r. ) - illik ) t e 1 4 _ - .... 80. ...,--,,,,,,,..ww1v;, .i. 0 v .r., !..ii'l/fitit 5i-_111,4 . li i, ,_ Re- \ 1; ''.e. \ li oitt.,..., --_-,., 6- lk° ' is - t a 'II X% t ':f x•• • ql--------1_..,,,-- S\.., \--: -tit iliVi ..., \-. . CN,), ;r f 5 1 off, \\4 o ,-. _ la,,,L.,,,,, ,_, ----- ip- ---l& lik\----v '''-\.' A _, .„...,_ _01'43:° i::;::--------- ce\ 7. 7-----).--- IN ,14ite, lqz1%:144)k . ., 1. es1 „T5 r_p_i\-A \---1\ i ...‘" \\,9 zi-i\ cli a, -„ . 0 -P o / 0 1:\ ,----2",3 m =, .....„,„.. s / ., . ,,,\ ,,, ,,. < / ._.,.. P» Nka: ‘‘NI, 7/*'› ‘/ e'l. ' f 0 -Nil* . ,r,,,i, r 7 ... c li k---""- --) rk.,fr l;;r Li,..... fil .,,,\:11ro . - (,, ,...,....\:.,...., ______ 1- byEi . I 004 \--,-- ‘. \ C\ 9 .1c3 _ °411111!..1 ' ,.- 0 rli'' . ' ., ,\ \Srg (13 0, -----\ '('-,_'- _ ,, I . . L . 100 " ...,,,,,,, 1 k __,___,.,\ ‘._. \ -,,_.., 11- '- \\11,1:0040, , \ ...ii_i, rx \ i-51.--\ . ____,...e0._.,, „'r? ,, rti \^'r 4 . ::\ 1 _. iit: '-� i CITY OF VIRGINIA BEACH rg,:,-,V:8%, AGENDA ITEM ITEM: ALDI (N.C.) LLC [Applicant] THREE FIVE MINISTRIES, INC. [Property Owner] Conditional Change of Zoning (R-15 Residential District to Conditional B-2 Community Business District) 929 First Colonial Road (GPIN 2408605805). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: October 4, 2016 • Background: The application was deferred from the August 16, 2016 City Council hearing to allow the applicant additional time to address concerns expressed by surrounding residents primarily related to the high volume of traffic along First Colonial Road. The subject site is currently zoned R-15 Residential and developed with a church, constructed in 1950. The applicant requests to rezone the property to Conditional B-2 Community Business District to allow for the redevelopment of the site with a grocery retail establishment, specifically Aldi. The submitted site plan shows the 18,000 square foot building located towards the rear of the site, with the parking area located between the building and First Colonial Road. A substantial landscape buffer will be installed between the building and the adjacent residential properties. Landscaping, including a three-foot in height berm planted with large street trees and shrubs, will be installed along First Colonial Road. Access to the site will be from the existing curb cut which accesses First Colonial Road at a signalized intersection. • Considerations: The site is located within the greater than 75 dB noise zone. Rezoning the site to Conditional B-2 for redevelopment with a grocery retail establishment will remove a residential zoning and an existing assembly use that are both identified as incompatible uses within the Compatible Use Table in Article 18 of the City Zoning Ordinance(Special Regulations in Air Installation Compatible Use Zones). The site is also located within the First Colonial Medical Corridor. The Comprehensive Plan recommends that priority should be given to redevelopment proposals that complement the area's medical and health activities. Staff evaluated this request and believes that due to the property's location in the southern-most portion of the corridor and its close proximity to other retail uses, that this request is appropriate. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. ALDI (N.C.) LLC Page 2of2 • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-2 with one abstention, as proffered. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- ,ency: Planning Departmen City Manager. 111111`►f Applicant Aldi (N.C.) LLC city Agenda Item Property OwnerCouncil Three Five Ministries, Inc. gili Public Hearing June 8,District 2016L (Deferredynnhaven on May 11, 2016) D2 of City Election Virginia Beach Request I Conditional Rezoning (R-15 Residential to °,Ne _ ,N eV 65.70 dB DK Conditional B-2 Community Business) c Re�a,�°rrk 0 �''tO a i Cutler RoadG o f Dove 0.03,x Pante d �� St Marshall Drive , . 2. ,d6c, s„. .a Staff Planner 70.75 dB DNL c A ;` o4 • y - fav ''.0 .. - a Jr Kevin Kemp . c'> A = a , ° 7. 8 % • •i. m Location g 929 First Colonial Road t�g�; v^` f �t"°e GPIN .. t`^----Dove 2408605805 Alle Wdhnare Road soil>75 dB DNL Dearba° Y Site SizeAIIeY �""s W >n Y CouM1 ousel�2 ay ble la > 3.32 acres d = �„ p n �' °' ,�tP°� a s nabs Dr,. < f ^ c see" Z AICUZ Si Westminster Lane - rS7L tape o A 70-75 dB DNL Karen Lane n o taskin0.O'd 1 Greater than 75 dB DNL APZ2 p D°nlaaP'e AP21 Existing Land Use and Zoning District Church/ R-15 Residential Surrounding Land Uses and Zoning Districts , -- 4, t" North • r Medical Offices/0-2 Office "' South Medical Offices/O-2 Office -. tti%.0\\D`t.IL East r- ll y so First Colonial Road 1 Bank O 2 Office .0k-ick-%••c coo --- • 4 Wes t Single-family dwellings/ R-10 Residential l "`` 0, First Com, f/ w 11 O ry • Aldi (N.C.) LLC Agenda Item D2 Page 1 Background and Summary of Proposal • This request for a Conditional Change of Zoning was deferred at the May 11, 2016 Planning Commission meeting.The applicant requested additional time to address concerns that were raised by property owners in the vicinity of the site, predominately with regard to traffic congestion along First Colonial Road. • The subject site is currently zoned R-15 Residential and is developed with a church building that includes a chapel, offices, and a gymnasium. City records indicate that the church building was constructed in 1950.The metal gymnasium building was added to the site in 1986.The initial Conditional Use Permit for the church was approved in 1962.A second Conditional Use Permit for religious use was approved in 1983. • The applicant requests to change the zoning on the site from R-15 Residential District to Conditional B-2 Community Business District for the purpose of redeveloping the site with a grocery retail establishment. • Site Design o Access to the site will be via an existing signalized entrance along First Colonial Road. o The submitted site layout depicts an 18,850 square-foot building (19,564 square feet including the canopy), located towards the rear of the site. o The proposed parking area will be situated between the building and First Colonial Road,approximately 90 feet from the right-of-way.The 107 planned parking spaces meet the requirements of Section 203 of the Zoning Ordinance related to on-site parking. o The conceptual Landscape Plan depicts a berm,three feet in height,to be installed along the First Colonial Road frontage.The berm will be planted with large street trees and screening shrubs. o The existing vegetation on the rear of the site will remain, and supplemental vegetative screening will be installed containing a mix of large evergreen trees, deciduous understory trees, and small evergreen shrubs. o In accordance with the City of Virginia Beach Landscaping Guide, interior parking lot islands will be installed as required throughout the parking lot. o The proposed stormwater management facility is depicted behind the new grocery building. o A freestanding, monument sign is proposed at the entrance to the site and will meet all requirements of the Zoning Ordinance. o The loading area will be located on the side of the building,facing First Colonial Road.A dumpster will be located in the loading area and will be screened by a privacy fence with a minimum height of six feet. • Building Design o The submitted building elevations depict a predominately brick facade with EIFS accents near the entrance, a row of horizontal windows on the front facade, and a cornice design feature along the roofline. o The entrance to the building is identified by a change in the roofline, EIFS accent panels, storefront windows and a canopy.A cornice design feature runs along the roofline. o Projected brick columns and decorative horizontal brick accents break up the otherwise expansive brick side walls. o The building signs are shown centered on the EIFS panels over the entrance and on the side of the entry tower feature.These signs will meet the requirements of the Zoning Ordinance. Aldi (N.C.) LLC Agenda Item D2 Page 2 Vi071 R-15 \‘‘ 0-2 ,\'�it 1,_ dB DNL3 0-2 -.' 4 Zoning History 11 # Request ,•',' 0-2' 1 REZ(R-15 to 0-2) Denied 01/22/1991 iit ' �/ '; 2 CUP(Religious Use)Approved 08/01/1983 R- \ \. CUP(Religious Use)Approved 05/10/1962 dB DL ek \\ 3 REZ(R-4 to 0-2)Approved 02/07/1983 R-15 i .., JR.10 4•.,, lik \ \..,.. ills,4111 13-2 ' ' IL 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 Focus Area 5- First Colonial Medical Corridor. Sentara Virginia Beach General Hospital anchors a major medical complex along First Colonial Road from Mill Dam Road south to Republic Road.The area includes medical offices, rehabilitation centers,senior housing and a good mix of non-medical uses such as banks,general offices, places of worship and other neighborhood based services.The Plan recommends that priority be given to infill or redevelopment proposals that complement the area's medical and healthcare activities. (pp. 3-20) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed.There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts ,street. ..Name First Colonial Road 41,090 ADT 1 27,300 ADT 1(LOS 4"D") Existing Land Use z-160 ADT 31,700 ADT'(LOS°"E") Proposed Land Use 3—2,004 ADT 1 Average Daily Trips 2as defined by 3.3 acres of 3 as defined by 19,500 square-foot 4 LOS=Level of Service property zoned R-15. grocery store Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site is located on the west side of First Colonial Road at Southall Drive and the access point to this site is the fourth leg of the signalized intersection. First Colonial Road is well over capacity as shown in the above traffic volumes information. First Colonial Road is an ultimate six-lane major arterial, 150 feet right-of-way on the MTP. There are no proposed projects for this section of First Colonial Road. Aldi (N.C.) LLC Agenda Item D2 Page 3 Public Utility Impacts Water The site currently connects to City water.There is an existing 16-inch City water main along First Colonial Road. Sewer The site currently connects to City sewer.There is a 12-inch City gravity main along First Colonial Road. Evaluation and Recommendation This request to change the zoning on the subject site for the purpose of redeveloping the property with a grocery retail establishment is not consistent with the Comprehensive Plan's Land Use Guidelines for the First Colonial Medical Corridor. However, Staff believes that due to the property's location in the southern-most portion of the corridor and its close proximity to other retail uses,that this request is appropriate. The site is located within the greater than 75 dB noise zone.Applications in this area are evaluated for compatibility with the uses outlined in the Compatible Use Table in Article 18 of the City Zoning Ordinance (Special Regulations in Air Installation Compatible Use Zones). Review of that table reveals that the proposed commercial zoning and the retail use are compatible with the provisions of Article 18. This request will remove from the highest noise zone, both an incompatible residential zoning and an incompatible existing assembly use from the site. The initial submittal depicted the addition of an outparcel that was to be created at a later date.This outparcel contained 4,950 square-feet of additional retail space.As retail use is recognized as one of the highest traffic generators, and due to the current high volume of traffic along the First Colonial Road corridor,Staff requested that the outparcel be removed from the proposal. In an effort to address ingress/egress safety concerns related to the increase in projected vehicular trips that the grocery store will likely generate,the applicant has entered into an agreement with the adjacent property owner to the north to modify their vehicular ingress/egress point.This will improve access for the applicant's property to an existing right-turn lane,on a road that is already over capacity. Fortunately, egress from the site is already controlled and will continue to be controlled with a traffic signal. In addition,Staff has worked with the applicant to revise the internal layout for the parking lot, incorporating stacking lanes for traffic leaving the site at the existing signal.The site has been designed so that no rear vehicular access is required for potentially disruptive activities such as tractor-trailer deliveries and trash removal. Specifics of the traffic patterns and proposed improvements will be reviewed in more detail during the final site plan review process. According to the applicant's representative,this proposal has been presented to the adjacent commercial and residential property owners and reported to Staff that there is no known opposition to the request.The applicant has proffered a substantially wide, planted buffer behind the proposed building and along the rear parking spaces to sufficiently screen the adjacent residential properties from the future activities on this site.Additionally,the building has been situated nearly 135-feet from the rear property line to minimize the potential for adverse impacts on the existing residential neighborhood. For the reasons stated above, Staff recommends approval of this request as proffered below. Aldi (N.C.) LLC Agenda Item D2 Page 4 Proffers 1. When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "ALDI INC. HILLTOP CHURCH", dated February 23, 2016, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The architectural style and quality of materials used for the grocery store to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled "Exterior Elevations". Prepared by MS Consultants, Inc. (the "Exterior Elevations") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The following uses will be prohibited on the Property: newspaper printing and publishing;job and commercial printing; repair and sales for radio and television; small wireless facilities;wholesaling and distribution operations; automobile museums; automobile repair garages and small engine repair facilities; automobile service stations; bars and nightclubs; body piercing establishments; borrow pit; bulk storage yards and building contractor yards; fiber optics transmission facilities; mini-warehouses; mobile home sales; passenger transportation terminals;tattoo parlors; drive-through facilities; and liquor stores. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Aldi (N.C.) LLC Agenda Item D2 Page 5 Conceptual Site Layout 0 a t f I ?• regilrv. t E 9Cill a 1, 1 m t u w g ( k 1I�$ ° i 1'' a i Ii 1 1 l a'x s E pp 0- /I -.______I______ )-_—__Y i P 4 6 L ii 11 -------------------- 77:OF cus/ w n11-47!-:5?—! :"1::::::::::: -._+a �ric - - ��{ -- - _ -----_ so3 I Ll lll1.1111111 II k_____t____ ._. , -, (- 'e r Ml i'l �'ll°li � l- ( ----- I i 44 1 •nrr14111110 r I r 1..„ 1 i ill ________ _____ i \-------- , / NI 4.. .. 4 • • \ - I \ \ — _ D • / ' ``\ \ 1 i • •i Y!I .....(..... 1 __. ... ......'.--.....1.- Aldi (N.C.) LLC Agenda Item D2 Page 6 Conceptual Landscape Plan Exga , aF - V< F o- • IR IRII 1- ____j -io I T7NO100 lb'tad E ii �� =-�� x-J"` , ifi� 1O`"*rcvr x� d e • i O ' iF •O a ' • e0 �l e 4m ;0► l'i - I i 1____d____ 00 0 �► •-1 1A'leIIII r 0 I 1 Ii !Hi II K a ii o.9 Op tO O `ti I Jig IP / I I I Ns -_--- y Aldi (N.C.) LLC Agenda Item D2 Page 7 Conceptual Landscape Plan � _ • ,o Ob Oa 1VINolooisaidau _ ? > z m rF h N 0 ~ Z w F Z w 1-; B i -C I-. -.t..... 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LLC Agenda Item D2 Page 9 Site Photos ,._ .. .. .. - --, ....., ... . a.4,% , ,,p_-A-.. • . 0 ,,,..;;; ......- .• . , , • -,.7 •. -- ,,,,• ?.4!;..-: IC' -• . 1," 4!",•. •'•":1,.`" "" ."' t:. ,,,,t• . ,C.,, -f.,-,.1 ' 7,:' _-e;41.‘1:•:.:-..'"':,a.r:-.. . ft,„ :. .. -..,:,.. ..,..1.", . • • . 11111111116 . 11,, I ' '-, • .. , _, ° I, '-- .' . • , ,..Air..' . ...,, —AS" -."._..: .,,i7x„„i„,,,,avite. e.,4„,„,... alirM111111111M.... Ray.r ''4111.1..itro !/'°.'*. ':-.;} -•: - * 1 ' axr-A4-..... - w.,,,-*,* ** t .., * - wF:,-.,f-k7..„:,„'q'::---L,;tif:z,.q,tL.- Aldi (N.C.) LLC Agenda Item D2 Page 10 Site Photos \' is rf v It F n IN l h i ' � A F 1, r . . ., . ., , , , . L _ ..., , - ,. ....,: , ... ,. , . .k .' - t._ ... ..,, „ ,- .._.. Aldi (N.C.) 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LLC Agenda Item D2 Page 12 Disclosure Statement APPLICANT'S NAME Aldi (N.C.), LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board i 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 • Aldi (N.C.) LLC Agenda Item D2 Page 13 Disclosure Statement Virginia Beach Check 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:Aldi(N.C.)LLC If an LLC, list all member's names: Scott N.Kornegay, Sole Member and Manager 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) AIdi,Inc. 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. 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:Three Five Ministries, Inc. If an LLC, list the member's names: Page 2 of 7 Aldi (N.C.) LLC Agenda Item D2 Page 14 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Troy Smith (President); George Clarke(Advisor); Robert Foley(Advisor); Marcia Humphrey(Secretary); Scott S. Smith(Advisor) (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 Aldi (N.C.) LLC Agenda Item D2 Page 15 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of I/VI your tax return X n Architect/Landscape Architect/ MS Consultants,Inc. 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) uConstruction Contractors 444" troidedJ' HEngineers/Surveyors/Agents Kimley-Horn and Associates,Inc. Financing (include current vg mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) >1I Legal Services Troutman Sanders LLP Real Estate Brokers/ TA, �jor;drtte G-�� (� n Agents/Realtors for current and anticipated future sales of the CV/E- subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Aldi (N.C.) LLC Agenda Item D2 Page 16 Disclosure Statement ivB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is ,complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 'Application. APPLICANT'S SIGNATURE (�� PRINT NAME DATE Page 5 of 7 Aldi (N.C.) LLC Agenda Item D2 Page 17 Disclosure Statement OWNER virginiaBeach YES NO SERVICE PROVIDER tun additional sheets If needed) ❑ ® Accounting and/or preparer of your tax return O NI Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than • ® the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed C LEI purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O E Construction Contractors IJ Eg Engineers/Surveyors/Agents I__► Financing(include current C ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services Wolcott Rivers Gates Real Estate Brokers/ p 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 Aldi (N.C.) LLC Agenda Item D2 Page 18 Disclosure Statement v Hieh 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. THREE A MMIIN;STRIES, INC. -- By. Troy Smith, President 3 114 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Aldi (N.C.) LLC Agenda Item D2 Page 19 Item#D2 Aldi (N.C.), L.L.C. Conditional Change of Zoning 929 First Colonial Road District 5 Lynnhaven June 8, 2016 REGULAR Jan Rucinski:The last item on the agenda today is D2, an application of Aldi (N.C.), L.LC .for a Conditional Change of Zoning from R-15 Residential to Conditional B-2 Community Business District on property located at 929 First Colonial Road, Lynnhaven district. R.J. Nutter: Thank you very much. Mr.Chairman and members of the Commission, my name is R.J. Nutter. I am an attorney representing the applicant. Thank you. I guess it is a pain that Eddie had to follow me,and everybody knows I have a long winded way about myself, so I guess this is payback. At any rate, I represent the applicant,Aldi, Inc. Aldi is a new company. It has been in the United States now for some time, but it is entering the Virginia and Hampton Roads markets throughout every Hampton Roads city. They are new to us, not just the fact that they are a new company, but,their concept of groceries is dramatically different than anything we've ever witnessed. In fact, it is directly opposite of everything we witnessed with the last 20 years. We've witnessed Food Lions starting out at 35,000 square feet, Farm Fresh is at 40,000 and Harris Teeter is at 60,000 square feet, Kroger is depending which one you pick, anywhere from 55,000—120,000 square feet. And on top of that,you throw Wal- mart Supercenters and in Wegmans,which are about 150,000 square feet and you use the trend where groceries have gone. So when a grocery store comes to you and comes to a neighborhood and says we're only 18,000 square feet,one half the size of the smallest store that first came to this area, and of that,we are only 11,000 square feet of actual retail sales area that is a very different animal and requires a lot of explanation. That is why we have to take the time we've had with the residents around us to explain how all the works and to let them know all about it. In addition to the size differential, it has to do with the fact they are designed not to be a destination, but a convenience store for people who are already going to a market in their area. There is no way they can compete with a 60,000 square foot Teeter because they are only 11,000 square feet retail space. So,they are for people who are already going shopping at the Kroger, Harris Teeter or Wal-mart,and want to have their line of products out a less expensive price, and are frankly,very in tune with their environment,and how they do business. That is a lot of their customer base. As a result,their customer radius is about two miles. And,as a result of that,they are going to have stores planned in Virginia beach on Shore Drive,further down towards the Oceanfront,on Virginia Beach Boulevard in the Thalia area, and I may have missed a few. They are opening up in Kempsysille, and there will be several more after that. In short, people are not going to drive to a destination location where somebody might drive from Kempsville to go to the store. They are not going to be driving from a very long distance.They will be going in route, and the reason for that is because,quite frankly,they are not trying to compete with them. They can't. They have a different model. The net result of that is the traffic that they generate doesn't fit in all of the books. The other thing about them is the traffic they generate is largely traffic that is already on the road to go to that area around Hilltop. In fact, I live in Great Neck,and I will tell you that if you live in that market,you're going to go to Hilltop for your shopping, or for clothes,for any number of items including groceries. And,when you do,you're going to have the opportunity to pass this store,They Item#D2 Aldi (N.C.), L.L.C. Page 2 found,for instance,that a larger percentage of the people who come to their stores. are already on the road going to another location. There are estimates that over 70 percent of the people who come to their stores, are actually already going down the road to go to someplace else.So,that's a big factor in how, if you look at the book, it will tell you 35 percent. That is based on a traditional grocery store,a much larger sales area,a lot farther to drive area with people going greater distances.So,you can't rely on all the books in this case.We've tried to look at a store in Richmond Virginia on Perham Road. As many of you know, Richmond on Perham Road. A very high traveled road.We picked it because the store has the same trader,a two mile trader. It has a high traffic count per day than first Colonial Road. This is the right store to pick to see how many people come into the store on a daily basis over a weekly time and what are the peak hours for them. What we found was anywhere from 400 to 600 people come to those stores on a daily basis. The other interesting thing is the peak hour is actually at 3:45 and 5:30. It just bleeds over to the next half hour.So,you have very different travel patterns. As you know, they don't open until 9:00 am, so they don't have virtually any am peak hour period traveling period. That is just a small part of the equation of this company and that is what I want you to understand. The biggest part of this just like any application,you know is not based on one issue. It is based on a variety of factors. Here are the factors that I want you to take serious consideration of in addition to what I told you about the traffic situation. First of all,what is the impact on adjacent properties? We always start there. First I will show you, we have 0-2 right next to us on the south,0-2 on the north. We got residential behind us.We have 02 across the street,we have a bank located there, a commercial bank and Bank of America with the largest number of drive-thrus I've ever seen in my entire life.So,to say this is a commercial quarter is a bit a mystery. But to suggest that this be residential redeveloped, is obviously not realistic. A church has already got a Used Permit there, and that church by the way, is about 26,000 square feet and you look at that site and you think boy it's a pretty rare site, a lot of open space. These stores at this location is going to occupy 18,900 square feet,8,000 square foot less of building on this site,than exist today and everyone feels like that is very,very and pleasant site. So, let's talk about the narrative. Not only do we have land uses which are highly compatible with this, and in fact this zoning will eliminate, as your staff points out,two navy issues. It eliminates the R15 zoning that is here, because this is in a 75 plus noise zone. And it eliminates the congregational use,which is also prohibited in the 75 noise zone. So, we're eliminating tow Navy issues here. If you look at from a policy perspective from the Navy,we are in good shape. Now, let me tell you where we started and we met by the way. Long before this application was even advertised, we met with the residents behind us. I am happy to tell you that one of them went out of her way on my promise that she will be out of here by 2:00-2:30, so poor thing. She has taken her time. God bless her. So,we met the residents there,there are six homes along here. Our first thought was that we've got to meet with them and tell them about the Aldi Store. We got to answer all of their questions. We did what they asked us to do,and their input, directly resulted in this site plan. Let me go back to site plan. I will tell you what we did. First of all,we met with them and told them the whole story and we said we are prepared to put a significant buffer in the back. This buffer, by the way, is at its closest point is 130 feet. It is 160 feet at this furthest point. So,this is a buffer like no other. Second,we got a lot of trouble with kids coming back in here and we're very concerned about that. Can you put in heavy landscaping along here, so;we said yes. We will send you our landscaping plan before we submit it to the City,so if you want to revise it, please let us know so we can do that. And we got two comments that we add landscaping on here because there is school is right up here and there is a townhouse development up right here. There are a lot of kids that traverse in this area as they go out to Hilltop in that area. Then they walk on the right-of-way, they just go back here which is all green. So,we put in landscaping to stop that. All of that was done. We also agreed of course,as you can see there are no roads, no drive aisle, there is no nothing behind the Item#D2 Aldi (N.C.), L.L.C. Page 3 store. In fact, the truck access is here on the other side, next to office. It is located almost inside the building behind a wall and the big bulk of the building. The bay itself is also recessed, and significantly. The trash compactor area is located in that area. All the other things they asked were where is your loading dock area?Where about the machine that move equipment inside the store?Where is that stored? All of that is stored inside the store. So,you are going to be one of the quietist uses we've got out here. If you look and stop right there,we have a situation where we apply with the land use program here, we have met with all the neighbors concerned. We have a better benefit from the Navy perspective. We have given you a great amount of open space. There is a huge amount of buffer here in the front; much more because we agreed to eliminate an out parcel in the front. We took all that out and put in all the landscaping there and all the landscaping in the back. Then when we met with the residents across the street,they had a lot of concerns about traffic. In addition to that, can you add, because we want to be able to get there,a walkway and a bike loading area for us. It lines up directly with the crosswalks that exist today on First Colonial Road. So, all of that was put in at their request, and the president of the Civic League called me and we spoke later that week. He said the civic League is not going to take a position on this case.You've done what we asked you to do,you kindly addressed the issue on First Colonial Road, so,you will have some people come and speak because they are concerned about traffic.Our civic league will not take a position on this case. And that was music to our ears, if you could imagine.That will give you some indication we had our meeting with them where there was over 40-50 people at that meeting. Councilman Wood attended that meeting with us as. Following that meeting,give us two weeks to try to address some of other questions you raised on First Colonial and we will get back to you,and we did. We met with,the Deputy City Manager involved, and we got Jim Wood's help on that if I might add, but we got serious high level attention placed on this intersection. What could be done to make it better?To help not just us, but the more importantly the people across the street. So,they recognize that. I will tell you,that you don't have a lot of people here today, and didn't have them at 12:00,any more than you had them at 4:15. It is some evidence of the face that most people understood that we've done everything that we could do. We have an application of a new company bringing new jobs, and a new capital investment into the area. We go a company that is located at a spot where everybody is fine. Your staff has recommended approval, and your staff recommending approval comes with consideration that traffic engineering weighed in on this application, because we've been making improvements to that light. We're all for making additional improvements there in terms of timing, adding a left turn lane,which we said that if that doesn't help, please don't do it. If it does, we're willing to pay for it. So,you get an applicant that is more than met the standards by which of any application has seen that has come down here to you, and seeks for your recommending of approval. But if you can see,we've also engaged into a large amount of public outreach. I know you've given me some time after the little red light. I appreciate that. I did want to get in outreach applies with all of these programs, and to let you know what we've done, so I will stop. We have several speakers in support. I have some engineers if you have some questions. Two from Kimley- Horn, one on the traffic side. I have Josh Wall,with Aldi Foods. He is from Richmond. He came down today for the hearing. I have Les Watson who represents the church, and how much the church, has participated in this process with us. More importantly, I have Alex, and Alex is just wonderful who stayed all of this time Perecko,to speak in favor,who lives behind it. Finally, I will pass this out. It is a letter of support.There is one from Alex on behalf of her neighbors in the back, additionally met with the property owner on either side of us, on the north and south, and the owners on the north that signed the letter in support of the application. I'll pass those out for you as well. And I'll stop for a second. And let someone else talk, unless you have any questions? Item#02 Aldi (N.C.), L.L.C. Page 4 Jeff Hodgson: Does anyone have any questions for Mr. Nutter? I have one quick one.You said the church was 26,000 square feet? R.J. Nutter: Total side of the buildings including the gymnasium. Jeff Hodgson: Thank you. Jan Rucinski: Is there any order? R.J. Nutter: I think Mr.Watson wanted to speak briefly for the church, and how much they have gone through, and worked with us and the neighbors. They wanted to make sure the neighbors were addressed correctly as well,as you might imagine. Jan Rucinski: Okay,our first speaker in support is Les Watson. Please state your name for the record. Les Watson: Mr. Chairman, and members of the Commission, my name is a Les Watson. I am a local attorney. I represent the owners of the land,which is the subject of this application. We,of course, support the application. But beyond that, I want to tell you how impressed we are by what we perceive is an incredible level of commitment on the part of Aldi to respond to the concerns of people who live adjacent to this property and near this property. We've been to several meetings, which Aldi has called with the neighbors,and we have watched them respond with compassion and concern to the issues raised by the residents. And I think you will even find that residents who abut the property in the rear may even be here to support the application. That is all that I wanted to tell you. We are very impressed by the way which the way they conducted themselves through the course of this application, and we fully support, and we think this a superb use for this property. Jeff Hodgson: Any questions of Mr.Watson? Thank you sir. R.J. Nutter:Jan, do you mind calling Alex? I promised her.Thank you very much. Jan Rucinski: Our next speaker in support is Alex Perecko. I hope I pronounced that correctly. If you can,just state your name for the record please. Alex Perecko: I am Alex Perecko. I am the owner of the property behind to the right. Basically,they have been very responsive. They had a meeting at the church. Several of my neighbors showed up. We were concerned with lighting. They addressed every concern. We didn't want lights in our backyard at night since the store was going to be open after dark,they told us that the lights they used point down. They time to turn on and cut off.The pedestrian traffic like R.J. mentioned was a huge concern. But they literally emailed their response, and it was in two days. Look at this plan from the landscaper. How does this look? Does it look like cutting it down, and even so far as saying we'll use thorny prickle bushes if it doesn't stop the pedestrian traffic.So very responsive and I actually went up to off of these and faced timed me, so I can see what it is going to look like,and I think it will be a great addition to the neighborhood. I'm hoping I'll be able to get over the thorny bushes, if need be. I'm in full support of it. They have been very cooperative and helpful, and eased everyone's concerns that was ever brought to our attention. Item#D2 Aldi (N.C.), L.L.C. Page 5 Jeff Hodgson: Are there any questions for Ms. Perecko? I was wondering if you were going to use thorny bushes or poison Ivy? Alex Perecko: Whatever works. Jeff Hodgson:Thanks for spending your whole afternoon with us. Alex Perecko: Thank you very much. Interesting process. Jan Rucinski:The next speaker is support is Mark Boyd. Sir, if you can, please state your name for the record. Mark Boyd: Sure, Mark Boyd with Kimley-Horn. Jan Rucinski: Let us know why you support the project. Mark Boyd: I'm in support of the project. I've been working. I'm the civil engineer for Aldi the last three years. I found it to be a very great client to work with.They are always concerned and accommodating of all requests,and citizen outreach is one of their big deals. We always look at that up front,and try to coordinate with everyone as much as we can. I think they've done everything they can on the site to provide a good use and especially if you tried to mitigate any concerns that some of the citizens have. Jeff Hodgson: Are there any questions for Mr. Boyd? Thank you sir. Jan Rucinski: Our next speaker is, Bill Baggett. Bill Baggett: Excuse me if I am a little nervous. It is my first time. Jeff Hodgson: That's okay. We're nervous too. Jan Rucinski: If you will just state your name for the record. Bill Baggett: William Baggett. I don't know which way to go. Because the improvement I fully support, as long as it is an improvement. But if it is moving parallel or stepping back, my thought would be and the former employers all said the same thing, as long as you're moving forward. My biggest concern is the traffic. For example,any of us going to Virginia Beach General Hospital travel First Colonial Road. It doesn't matter what time of day or night you go, except for maybe 2 or 3 in the morning,you're going to hit traffic. I can't think of how many times I've had to watch fire trucks,emergency personnel, rescue, EMS, police vehicle going from the hospital and took off come back, had to drive down the wrong side of the road just to get to Hilltop. Everything is dumped into Hilltop. Of course you have Hilltop north. Just like the other church,they have four lanes. We have trouble with traffic. I'm hoping it doesn't develop into a similar situation of Independence Boulevard and Virginia Beach Boulevard. My other concern, like I said, I can sit in my family house and I can listen to the sirens and tell you what's going by. I can tell you which direction and how bad the traffic is. But again, you factor in anything else, but it is like the Aldi's representative said, it's a small door. You're already there. You are going to stop and out, similar to a 7-11 grocery store. Again, if we can think about it as best as possible, and do our best foot forward Item#D2 Aldi (N.C.), L.L.C. Page 6 first,then we won't have to come back and reevaluate two or three years from now. First colonial Road is going to has to be expanded, and in order to expand it,you have to take. So,why not let's take a little farther down the line and once it is done, same project. That makes everybody happy. I thank you for your time. It has been a long afternoon. Mr. Inman, I remember you from Novack Shell. I spent 20 years. I get around. So,thank you everybody. I hope you all have a nice evening. Jeff Hodgson: Are there any questions? Thank you sir. Jan Rucinski: Our next speaker is Valerie Porowski. I did that right? Valerie Porowski:Yes you did. Jan Rucinski: Oh my gracious. Jeff Hodgson: good afternoon. Valerie Porowski: Good afternoon everybody. I can't believe the patience you people have, because I would have lost it a long time ago. I am Valerie Porowski, and I live at Tottenham Lane,which is off of First Colonial Road and we are in the townhouses that are at the traffic light that's across from the section that Aldi wants to move in to. So,we have a problem with traffic going in and out of our area. That's the same place where Bill is also. And, I have written down what I like to say, so I hope you don't mind me reading it? It would be easier for me. I am a resident of Southall corner off of First Colonial Road since 1999. I always wondered why there is so much traffic on First Colonial. It took me a while to realize that it is one of two roads that cars coming from the north from Shore Drive area,can get to the shopping areas or the beach front. They come down Great Neck Road to First Colonial to go to the many shopping centers in the beach front or they stay on Shore Drive, and add many miles to the trip. They go by the state Park at First Story, and down to Atlantic; instead,they go down Great Neck to First Colonial, and then to their destinations. Going from Tottenham Lane,where I live and attempting to take a left on First Colonial is a nightmare at times. There is a traffic light at one of the entrances and exits,the other has no light. If I want to take a right,there is a problem. I can use either egress to take a right but when I want to take a left on to First Colonial Road,at the intersection where there is a light, I cannot get onto First Colonial because things are jammed up many times because the bottleneck starts at the left entrance for the Hilltop shops on First Colonial. So, sometimes we have traffic all the way from the hospital down through First Colonial Road, all the way down to the Hilltop shops. Traffic studies have shown that usage on Frist Colonial Road is more than 140 percent of recommend usage. It was not built to accommodate this many cars with a hospital on First Colonial Road, emergency vehicles using First Colonial,there is no space for cars to get out of the way of these vehicles. And now how they change the lights so they can go through it, it takes a while to get the lights back on cycle. Also living on Tottenham Lane, many drivers think they can beat some of the traffic by cutting down my lane to get to the south Hall and First Colonial intersection. Many times they speed down the road, and don't bother to stop at the stop sign when they get to Southall. I've got many of them to slow down, and got angry responses. In reading the Planning Staff report, "Planning recommends that priority be given to infill and redevelop proposals that complement healthcare activities. " It also states retail brings high traffic and the current traffic volume here is way over capacity now. I'm not against Aldi's but I am against more traffic, which First Colonial Road cannot handle.Of course,therefore, I am greatly against the rezoning of this property at 929 First Colonial Road. Where will the zoning stop? It may just continue up Item#D2 Aldi (N.C.), L.L.C. Page 7 First colonial Road towards the hospital and then to Great neck Road. Please don't change the zoning. We don't need any more grocery stores in the area.We have more than enough. Thank you in advance for anything you can do to alleviate our traffic problems. And thank you for your time for listening to me! Jeff Hodgson: Are there any questions for Ms. Porowski? Thank you ma'am. Valerie Porowski: You're welcome. Jan Rucinski: Our next speaker in opposition is Douglas Murdock.Would you please state your name for the record? Douglas Murdock:Yes. My name is Douglas Murdock and I am speaking on behalf of my mother,who is Beth Murdock. She lives at Tottenham Lane. She has lived there since 1990. And I am also a resident of Virginia Beach. So, I am speaking on her behalf. Edward Weeden: Can you get closer to the mic? Douglas Murdock: Yes. Okay. And first I would like to say that I'm sorry to see the church being torn down. It is icon there. It is a smart business and eventually it is going to go under like bigger churches, let's say. So,first of all, I like to say that I read the applicant report, and there were a few discrepancies. Namely when they were talking about First Colonial Road. We are to the end of the applicant, and very little was said about us because we are not abutting the property. We are adjacent. I believe we're adjacent because we are east of it. But we don't abut the property, so you hear mostly about what's going on behind Athen's Property north and south. Our neighborhood is Southall Court,and is Southall Court Road where the light is. On the other side of the road is Tottenham.There is an entrance way out and in out of there, but there is no light. You can't put a light there because you can't put one there is is too close to Westwood traffic light. So,therefore,they ended up putting a light out there by the 1990s. When you take a left,yes a peak times,you can't hardly get on. You really have to fight to get in there, because the blockage is going from Wolfsnare Road all the way down to Southall Road. And,you kind of got to wait for to ease out to loosen up so you can work your way in there. Now,with that being said, the applicant didn't state there was a major hospital there. He just stated there are homes there. That is also a main corridor for the fire and rescue squad. Like I said,the cycle goes in and out all the time and that is just the extra turn as well.That is all that I have to say. Thank you. Jeff Hodgson: Thank you sir. Are there any questions? Thank you sir. Jan Rucinski: That is the last speaker. Mr. Nutter if you would like to rebut? R.J. Nutter:Thank you very much. And I will be very brief like I told you. As I told you,we took every one of these very seriously and that is why we deferred this last month to look at that, and the reason why I have their engineers here, in case there were any questions about it. But what we found is that the traffic generation from this store is to be diminius compared to many of the other uses that could be there. The other thing that we found,actually speaks to what Dr. Kwasny said,that sometimes when there is an application that directs the City's attention, to solve these problems. I will tell you in many years of appearing before you and Council, I can't tell you that I've seen any much any more attention Item#D2 Aldi (N.C.), L.L.C. Page 8 paid to the right of Southall and First Colonial than I have than I have in the last 30 days. The City is serious. They looked at a number of opportunity to make that better,and they feel that all they can add to that can help solve those problems. No matter what we do, we're going to have a traffic impact there.And, I'll give you a little story about the value of this property. One night Jim Wood told us, "look if you want to talk about a problem, let me talk to you about a church?" The Wave church up the road or Spring Branch Church up on the road on great Neck Road, so because this is a low attendance today doesn't meant that it couldn't be a mega attendance tomorrow with the same exact zoning with no input whatsoever from the City. The other thing is,and this is an actual fact, when Aldi came to this property, it was actually under contract with Remke. Remke wanted to put two retail uses on it.And, it wanted Aldi to be one of those two uses. I told Aldi that would not work.That this had to be a low intensity type use,so they bought out the contract from Remke to prevent that type activity from occurring. Not many people could do that. Quite frankly,they were committed to this site,this location. They feel strongly about it, but I will tell you those are the kind of uses you're going to see coming to this site. And this is why this application is so insignificant. It is among the smallest retail uses that you can have. It will provide the largest amount of open space of any property within the entire region including the hospital property I might add.They eliminated the out parcel and frankly,they didn't because the problem on First Colonial Road. They can't solve the problem on First Colonial Road.The city has to solve the problem, and you can't shut down development along that roadway because of the traffic issue. There is a street down every single one of your districts and there is a traffic count where there is excess traffic on, and that if that is the measure,we can all go home early because that will be the measurable what we do. This application comes to you with staff recommendation for approval. It is an application that has reached out to the neighbors that the neighbors supported on all sides of it,and reached out to the civic league across the way. The point that the civic league takes no position, because of the action has all been taken both on the site plan and as well as with the City trying help to solve traffic problem. We can't change the graphics of what's there. We can help solve it. That is why the civic league really voted to take no position. They felt like we've done all we could, and nobody could do more. So, I'm happy and proud to represent them. They've done a great job. I would tell you that because of the high percentage of cross over traffic,there will be some increase in traffic over by the way,just what this church provides. If you put a similar use on it, the traffic will actually go down,so if you put an office use on it,the increase traffic beyond and that would be destination traffic. New people come in because there are new doctors. There are new lawyers.There are new politicians.That is where Mr. Forbes office is. All of that will be coming to that location. Rather than driving by on the way to their other locations. So, we urge your support. We're happy and proud to have staffs recommendation of approval, and we urge you to support your staff as well. Jeff Hodgson: Thank you. That was it? Jan Rucinskl:That was it. Jeff Hodgson: We're going to close the public and open it up for discussion. Not everyone speak at once. Mike Inman: Okay. Jeff Hodgson: Mr. Inman. Item#D2 Aldi (N.C.), L.L.C. Page 9 Mike Inman: It seems to me they have reached out to all the effected by groups and responded to calls and requests for meeting,and worked things out, in a successful way,for the most part. Now,you look at, and I'm really convinced by the fact that there is going to be some use there of that property and there is going to be a commercial use. Is this perhaps the lowest impact that we can have? Because I do believe that it makes sense to me that people are already traveling in that area to another destination to multiple allies on the list to stop by. So, sole destination in terms of generation of traffic by this particular use, it may not appear to be to some and, so minimal use in terms of the amount of structure that is put on the size of the site. So, I know we have an issue there with First Colonial Road, no question about it. I experience it like the people here in the audience, and on the Commission, it needs attention, and this is going to get some attention. I think this is going to help bring some attention. All of the discussion that has been had to the traffic light situation, and the attention of expansion, I suppose of First Colonial. I would support the application. Jeff Hodgson: Ms. Oliver. Dee Oliver: And I think you've all done a good job as far as buffers and the neighbors behind with this application. I don't have any problem with it. But I do have a problem with is the amount of traffic and that it is our medical corridor that protects those areas of the city. They keep them such that they are a medical corridor for a lot of reasons. It makes sense to have medical offices next to the hospital. We have a fire department on Old Donation. It is a main thoroughfare road from Mill Dam and Great Neck and First Colonial Road. The traffic there is so bad,and even though with the turn lanes added for Southall,and all of that. They've done a great job. When you're there by the time it backs up at Southall, it backs up at Wolfsnare. It backs up with Republic. It backs up at First Colonial. It is a nightmare and you're trying to get rescue squad down there, and God forbid if it is one of us in the back of that truck,or the fire department has to get through and they can switch the lights because my daughter runs rescue. There is no doubt about it. But then it just backs up even more after the fact. It used to be it was just rescue going to the hospital. They are having so many problems rescue leaving the hospital and trying to get back out into the City. It doesn't make sense that would cause more congestion, and even though it is minimal, I totally agree, but it is 400 to 600 cars more. Traffic is already stated the fact that we are so far over in capacity for that road. I don't even understand how we did that. And,then we are going to add more to it, and the peak hours within the school zone and people leaving the offices,so; at 3:45 to 5:00 everybody,the doctors are leaving,the shift changes and at the hospital. The schools are letting out. You have Cape Henry and Cox using that road. We have First Colonial using that road. We got the elementary school,which started causing problems from the beginning. And you have Hilltop. I know for a fact that when I'm on that road, I'll look at it and it is easier for me to loop through up to Great Neck, cut back through London Bridge and go back down to get around that. It is less time and I'm covering more area. I don't' know the solution. I don't think this is going to help. I think it is going to make it worse, and I think at one point as a public safety and that is where our closest hospital is and one of our main fire department,we should take that into consideration when we are looking at this corridor. And, for that, I can't support it. I'm sorry. Jeff Hodgson: Anybody else? Mr. Redmond? David Redmond: A couple of things. The responsibility of this goes back for decades. This road would have been widened decades ago in my view,so here is not fixing that. With regard to the use, I think this is a substantial site improvement, landscaping is going to be an awful lot better. The site is frankly Item#D2 Aldi (N.C.), L.L.C. Page 10 oversized for the use. You wouldn't be able to have that big buffer in the front and that big buffer in the rear if it weren't. So I think 18,000 foot building, which is essentially the size of a Petsmart,to give you an equivalent, is not at all an outrageously sized use on property of that size.The way this particular market works is that people don't do their weekly shopping there. It is typically a 2, 3,4 items, and my guess is the vast majority of traffic that is coming to that store is going to be coming off First Colonial Road because it is on First Colonial Road.That is why they want to be there to capture all of that. There are much larger and much more comprehensive supermarkets within a one mile radius that would capture a lot larger sale of a trip.This is a much more convenience oriented supermarket.Smaller produce, smaller fish, smaller meats, smaller dry good,can goods. Somebody is going to go in and get a can of salmon,toilet paper,and bottled water, costing$12 bucks or whatever. But it is typically is not $150 grocery bill for a family of 4 for the week, so I am confident that the vast majority of the traffic is already there. It is not going to add much. Frankly,there are uses that could be far worse. From all the things we would like to see buffering, landscaping, setbacks,walking path, all of those things were done. But I've never seen in a supermarket that didn't have a lot load in the rear. There is an awful lot of thought and care, I think,that went into that site plan to make it as accommodating as possible. So, I think it has a lot to offer. I don't see,quite frankly, anything with regard to the application that would cause me not to support it. So, as Mr. Inman, I intend to support the application. Thank you Mr. Chairman. Jeff Hodgson: Is there anybody else? Mr. Ripley? Ronald Ripley: One of the things that Dave mentioned,that I was going to mention as well, is the intensity of use here is really very mild. It is 5,400 square feet an acre. If you did an office building,you would do at least 20,000 square feet an acre, I think, and here you probably have about 60,000-70,000 square feet in there that could employ 300-400 people in there depending on whatever. So, it looked like tome a very low intense development, so,just picking up from what you said. That was my comment. Jeff Hodgson: Mr. Horsley. Donald Horsley: I agree with that, and the intensity of the use is low, but what really drove my attention this morning when they had the picture up there. We got a lot of vacant land left on First Colonial Road that is not developed.So, I'm hoping that somebody higher up than we are is going to see that we need to do something about traffic on First Colonial Road because you can see these large parcels that are undeveloped, and we got some redevelopment that is going to occur down there too,just like this piece of property. But I think we need to send a message that we need to start thinking about what to do about the traffic on First Colonial Road, but I am going to support the application. Jeff Hodgson: Mr.Wall Jack Wall: I think it is kind of an odd use. It seems like we would want to preserve our medical office. It is predominately medical office area for protecting that. Being a medical corridor, and an office area with minimal business, a community business, but at the same time it seems like it is a low intensity use and I don't' think it is really going to make the traffic that much worse. Jeff Hodgson: Ms. Rucinski. Item#D2 Aldi (N.C.), L.L.C. Page 11 Jan Rucinski: I think what's happening with that medical thing that there has been so much new development that Princess Anne out by the new hospital that people are leaving that corridor and moving out. I noticed the last time that I was by there. There are a lot of vacancies. I was surprised because I have a couple of doctors over there that is there no longer. So, I think maybe that corridor may be in a transition. Jeff Hodgson: Mr. Redmond. Dave Redmond: Mr. Chairman, I move approval of the application. Mike Inman: Second. Jeff Hodgson: A motion made by Commissioner Redmond to approve the application and seconded by Commissioner Inman. Bob Thornton: Ed, I'm not voting on this. My company represents the applicant. Karen Kwasny: I completely over this parcel, because Mr. Nutter used to call my name to testify for the rationale here, and I don't'want to sound like I'm sliding back on that particular thought that I felt there. But because I see so much available here, I'm more concerned about this is one of those things were I'm concerned about precedence,and whether or not we put something in and then we start the ball rolling. I don't think traffic, I'm not saying stormwater management is easy to handle or gets the priority, but I think traffic is probably underneath that in terms of the priority list. It is down below that even further. And, I don't think it gets addressed and because it requires funding from outside sources, not from the developer. I think to start the ball rolling and precedence for this area that could be very negative in its impact following this, so, I cannot support it because of that. I feel it does create further traffic. It creates further problem and may create more of one if we have more of that type of thing coming in. Thanks for letting comment. Jeff Hodgson: Is there anybody else before we vote? AYE 8 NAY 2 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY NAY OLIVER NAY REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABS WALL AYE WEINER AYE Item#D2 Aldi (N.C.), L.L.C. Page 12 Ed Weeden: By a vote of 8-2-1,with one abstention,the application of Aldi, (N.C.), L.L.C. has been approved. Jeff Hodgson: I would like to thank everybody for attending today. I know it has been a long day. Meeting adjourned. 3C,' 1A•BE4c ' r - Is°? CITY OF VIRGINIA BEACH it 'w•,.�° INTER-OFFICE CORRESPONDENCE 2 P,,,7,*„:-,, ,,,,,Q,,::,„ RPt,ONS In Reply Refer To Our File No. DF-9554 DATE: September 23, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson 4 ,, ` DEPT: City Attorney RE: Conditional Zoning Application; Aldi (N.C) LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 4, 2016. I have reviewed the subject proffer agreement, dated February 29, 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 Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this a_ day of kbro , 2016, by and between ALDI (N.C.) LLC, a North Carolina limited liability coipany ("Aldi", to be indexed as grantor); THREE FIVE MINISTRIES, INC., a Virginia non-stock corporation (the "Church", to be indexed as grantor); (Aldi and the Church hereinafter referred to collectively as the "Grantors") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, the Church is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 2408-60-5805-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Aldi is the contract purchaser of the Property; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-15 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN No.2408-60-5805-0000 28005943v2 WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "ALDI INC. HILLTOP CHURCH", dated February 23, 2016, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The architectural style and quality of materials used for the grocery store to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled "Exterior Elevations", and prepared by MS Consultants, Inc. (the "Exterior Elevations") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The following uses will be prohibited on the Property: newspaper printing and publishing;job and commercial printing; repair and sales for radio and television; small wireless facilities; wholesaling and distribution operations; automobile museums; automobile repair garages and small engine repair facilities; automobile service stations; bars or nightclubs; body piercing establishments; borrow pit; bulk storage yards and building contractor yards; fiber 28005943v2 2 optics trans mission facilities; mini-warehouses; mobile home sales; passenger transportation ternninals; tattoo parlors; drive-through facilities; and liquor stores. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 28005943v2 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: ALDI (N.C.) LLC, a North Carolina limited liability company: By: Title STATE/C^*A*AlIATTI7�A T TTJ O A 0 CITY/COUNTY OF VVV ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 0,{49day of n ca r , 2016, by Jea# Or/7e - , on behalf of Aldi (N.C.) LLC. Hes& i either personally known to and of has produced as identification. Witness my hand and official stamp or seal this aq ay of 4�e,rtal 2016. • Notary Publil (SEAL) My Commission Expires: of-, c;76/ CHELLE R CODDINGTON Registration Number: aD(._ BD`3`FDac2 NOTARY PUBLIC IREDELL COUNTY STATE OF NORTH CAROLINA 28005943v1 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: THREE FIVE MINISTRIES, INC., a Virginia non-stock corporation -- -------- -- By: I rz--• v. Title r ZES-r E t-7 STATE/COMMONWEALTH OF V 1.rck n;o., CITY/COUNTY OF i•%;n,`Na, iien tM ,to-wit: The foregoing instrument was sworn to and acknowledged before me thisab)' day of NIS 1 , 2016, b 'V i_ S..Sro 3h Q ' .- on behalf of Three Five Ministries, Inc. He/she is either personally known o m: or has produced .N1esA \Nekas identification. Witness my hand and official stamp or seal this day of ' i \\ ,2016. OkL.N14. S. ' itlei% Notary Public (SEAL) My Commission Expires 'J\ a(,0As ara i ver __ --� ! 5 Notary Public Reg#285983 Registration Number: a(6,53 S Commonwealth o�V' ;ria ti My Commission Expires '-- ctb S �- ..,,....mss 28005943v2 5 EXHIBIT A Legal Description of the Property ALL THAT certain lot, piece or parcel or land situate in the City of Virginia Beach (formerly Princess Anne County), Virginia, and being bounded and described as follows: Beginning at a point on the west side of Mill Dam road (State Route 615), which said point is 513.02 feet of the northwest corner of the intersection of Wolfsnare Road and Mill Dam Road and from said point running South 76° 09' West 579.67 feet to a pin; thence running North 26° 58' 33" West 72.87 feet to a pin; thence running North 2° 40' 56" West 106.99 feet to a pin; thence running North 18° 49' 53" East 100.82 feet to a pin; thence running North 76° 54' East 542.63 feet to an old pipe in the west side of Mill Dam Road; thence running South 9° 00' East 254.60 feet to the point of beginning, and containing 3.46 acres. TOGETHER with concurrent easement for ingress and egress dated June 6, 1979 and recorded November 21, 1979 in Deed Book 1964, Page 716 and shown on Map Book 137, page 35 in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia and described as follows: ALL THAT certain piece or parcel of land situate in the City of Virginia Beach, Virginia, bounded and described as follows: BEGINNING at a point on the West side of First Colonial Road a distance of 21.07 feet south of the northeast corner of the Property of First Colonial Medical and Professional Buildings, and from said point running South 76° 09' West a distance 210.55 feet to a point; thence running North 13° 51' East a distance of 31 feet to a point; thence running South 13° 51' East a distance of 31 feet to a point; thence running North 76° 09' East a distance of 234.85 feet to a point on the West side of First Colonial Road; thence running North 09° West a distance of 20.07 feet along the West side of First Colonial Road to the point of beginning. TOGETHER with a cross sewer easement agreement dated May 16, 1983 and recorded July 15, 1983 in Deed Book 2269, page 1574. LESS AND EXCEPT that certain parcel of land conveyed to Commonwealth of Virginia by deed dated August 7, 1984 and recorded August 13, 1984 in Deed Book 2354, page 354 in the aforesaid Clerk's Office. IT BEING the same property conveyed to Robert Jones and Len Pallett, Trustees of the Church at Virginia Beach by deed from Robert Jones and Len Pallett, Trustees of First Colonial Baptist Church, dated December 3rd, 2002 and duly recorded January 10th, 2003 in the aforesaid Clerk's Office as instrument number 20030110000050370. 28005943v2 6 1,-.„.,„ c....... \\:11.11 I - .1. 7 \.1' -, - - .$ ...• : i ent— ir 1111111101 --. 1 L to , .... 7 C? 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[Applicant] CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY [Property Owner] Conditional Use Permit (Fiber Optics Transmission Facility) East of Corporate Landing Parkway, west of General Booth Boulevard (GPIN Part of 2415228593). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: October 4, 2016 • Background: The applicant requests a Conditional Use Permit to place a Fiber Optics Transmission Facility on a 3.5-acre parcel zoned conditional I-1 Light Industrial within the Corporate Landing Business Park. The facility will house the first transoceanic cable in the Mid-Atlantic region of the United States. Two cables are currently planned for the facility connecting it to Spain and Brazil. The proposed structure is 27 feet in height with exterior building materials of precast concrete walls, red brick veneer and a metal roof with aluminum fascia. The site will be accessed from Corporate Landing Parkway via a joint ingress/egress easement. A potential second access point is possible from a future roadway to the northeast. Up to seven employees will be onsite during any one working shift. • Considerations: As the site is located within the Corporate Landing Business Park, the proposal will be subject to the recorded proffers and the Corporate Landing Design Criteria. All such development is reviewed for consistency with these guidelines by the Virginia Beach Development Authority. The site is a compatible use within the greater than 75 dB DNL noise zone. The facility is also compatible with the Comprehensive Plan's recommendations for SEGA 3 — South Oceana in regards to economic development opportunities for this area. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. With the exception of any modifications required by any of these conditions, the recorded proffers associated with the site or requests of the Virginia Telxius Cable USA, Inc. Page 2 of 3 Beach Development Authority, the site shall be developed and maintained in substantial conformance with the submitted site layout entitled, "TELEFONICA—TELECOM BUILDING CONCEPTUAL SITE PLAN,"dated August 23, 2016 and prepared by Timmons group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. With the exception of any modifications required by any of these conditions, the recorded proffers associated with the site or requests of the Virginia Beach Development Authority, the design, and exterior building materials shall be in substantial conformance with the submitted building elevations entitled, "TELECOM BUILDING SUBMARINE CABLE LANDING STATION SHEET No. A-31 and No. A-32," dated July, 2016 and prepared by Quest Construction Engineering. Said elevations have been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. Prior to final site plan approval, a Landscape Plan reflective of the plant material depicted on the submitted landscape plan entitled, "TELEFONICA — TELECOM BUILDING CONCEPTUAL PLANTING PLAN," dated September 8, 2016 and prepared by Timmons Group, shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. The Site Layout, Building Elevations and Landscape plans referenced in conditions 1, 2 and 3 above shall be submitted and approved by the Virginia Beach Development Authority for consistency with the Corporate Landing Design Criteria prior to final site plan approval. 5. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 6. Prior to final site plan approval, an ingress/egress easement shall be depicted and recorded on the final plat. 7. A schedule listing the times that the proposed generator onsite is operated for routine maintenance shall be submitted and approved by the Virginia Beach Development Authority. 8. No trucks shall park, idle or be stored in front of the building. 9. When not being used, the "Free-Standing Scissor Lift" shall remain recessed. 10. If and when the site is accessed from the proposed 60 foot right-of-way referred to as Craft Lane and depicted on the site layout, the truck turn area Telxius Cable USA, Inc. Page 3 of 3 shall be closed and replaced with either turf grass or other plantings approved by the Development Services Center Landscape Architect. 11. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign," but rather be either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. Said sign shall be approved by the Zoning Division of the Department of Planning and Community Development and the Virginia Beach Development Authority for consistency with the Corporate Landing Design Criteria. 12. No other equipment besides that already listed on the site layout referenced in Condition 1 shall be stored outside. 13. The condensers shall be screened from view from any rights-of-way with an eight-foot brick wall to match the color scheme of the building. The condensers shall be screened from view from the property to the east by the installation of Category I screening, the length of the condensers parallel to the eastern property line, or with other plant material deemed acceptable to the Development Services Center's Landscape Architect. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. iiiSubmitting Dep. , e- I ' • :ncy: Planning Department City Manager: .� illkiApplicant Telxius Cable USA, Inc. Agenda Item lB Property Owner City of Virginia Beach Development Authority Public Hearing September. 14, 2016 City Council Election District Princess Anne 1 0 Virginia Beach Request Dam Neck Road t o? o Conditional Use Permit (Fiber Optics Transmission Facility) I m8 r Park v2 y c i Perimece S c' ¢ c m ",66 v Staff Planner e(,0 Jimmy McNamara >75dBDNL r c� eA � Location 3° wu / East of Corporate Landing Parkway, west of `°""!di7,-'''' ito„ 49 General Booth Boulevard %4, r-" GPIN st', P Part of 2415228593 ---� Cwnn Need�Ne Site Size 70-75 dB DNL 3.5 acres a°¢ �e. AICUZ Pe Existing a° CU(ver(yre a 70-75 dB DNL&Greater than 75 dB DNL Existing Land Use and Zoning District Cultivated field/Conditional I-1 Light Industrial Surrounding Land Uses and Zoning Districts c(Fy) North i c $ 7 ' ' Cultivated field/Conditional I-1 Light Industrial ; ,-'". "—t/ " # .:A- 0 1 South '.:,: • v I ih # 'f'�`T � - '!k.Corporate Landing Parkway ``. a Cultivated field/Conditional B-2 Community �" f( ;r .. Business East t ,- syr . i Brewery/Conditional 1-1 Light Industrial �s. w, West rye_ ,, , Corporate Landing Parkway ..\.P" # ( ." .,::..... 74'1: Cultivated field/Conditional I-1 Light Industrial °x s :*- -*' � ::°11414/4P., 4 Telxius Cable USA, Inc. Agenda Item 10 Page 1 Background and Summary of Proposal • The subject site is zoned Conditional I-1 Light Industrial and is part of the Corporate Landing Business Park. This property is subject to recorded proffers that specify permitted uses, architectural design and site layout elements. • All sites within Corporate Landing are subject to the Corporate Landing Design Criteria which address setbacks; parking areas; loading areas; building orientation; design and materials; landscaping requirements; and signage. Accordingly,simultaneously with the final site plan review,the building's elevations and the site layout must be reviewed and approved by the Virginia Beach Development Authority for consistency with the aforementioned criteria. • The applicant requests a Conditional Use Permit on this 3.5-acre parcel to construct an approximately 20,700 square-foot Fiber Optics Transmission Facility on a 3.5-acre parcel. A Conditional Use Permit is required for a Fiber Optics Transmission Facility within the I-1 Light Industrial District. • This proposed facility will house the first transoceanic fiber cable station in the Mid-Atlantic region. Telefonica, Microsoft and Facebook have all partnered in this operation. The first cable will link Virginia Beach and the rest of the United States to Spain, while a second cable is proposed to link the United States with Brazil. • The site will be accessed via a joint ingress/egress easement, 36 feet in width,from Corporate Landing Parkway. A potential second access point from a future roadway to the northeast is possible once that road is constructed. • A large truck turn-around is depicted on the layout plan to accommodate the maneuvers of large vehicles,as the proposed shared access will provide a single means of ingress and egress for the site.The turn-around area is proposed to be screened from view with a mix of tree and shrubs. • The proposed elevation depicts a 27-foot tall building with exterior building materials of precast concrete walls, red brick veneer and a metal roof with aluminum fascia. • The main entrance to the building will be located along the western façade. The loading area with a single eight- foot high roll-up door,the fuel tanks,the dumpster,the generators, and two large areas(each approximately 1,300 square feet)for the condensers that will keep the equipment inside the building cool are all depicted on the eastern side of the building. This side of the building faces the Green Flash Brewery currently under construction. • The condensers will be screened from view from the right-of-way with an eight-foot brick wall.The dumpster screen is proposed as a seven-foot brick veneer wall with metal swing doors. A generator transformer and associated diesel tank are proposed to be screened from view with plant material. • Two approximately 4,000 square-foot future building expansions are depicted on both the north and south sides of the building. Any future expansions will require a modification of this Conditional Use Permit. • Within the facility,there will be two colocation/teleconferencing rooms,two battery rooms,a control room,a reception area, a meeting room,office space, a kitchenette and storage space. Telxius Cable USA, Inc. Agenda Item 10 Page 2 • Up to seven employees will be onsite during any one shift. The 14 parking spaces depicted on the layout are sufficient to satisfy the requirements of Section 203 of the Zoning Ordinance for onsite parking spaces. • Seven existing large canopy trees will remain along Corporate Landing Parkway. Required foundation, parking lot interior and street frontage plantings are depicted on the submitted Landscape Plan. Supplemental plantings throughout the site are also proposed. All landscape and screening requirements will be reviewed in more detail during the final site plan review process. Telxius Cable USA, Inc. Agenda Item 10 Page 3 Zoning History '�44 = # Request ` PD-H1 VISI aE�;�p`� 1 MOD(Proffers)Approved 06/25/1996 I=1 40 o ii lio_1 i= ®f ;, MOD(Proffers)Approved 11/09/1993 vv,,�. �� — ` '� MOD(Proffers)Approved 09/17/1991 ®�II" Jr, CRZ(AG-2 to Conditional 11)Approved 08/14/1989 ihii, >75 d8 DN\\\ :"..1. !,. ` 2 MOD(Proffers)Approved 03/17/2015 f MOD(Proffers)Approved 06/25/1996 /7' >� B MOD(Proffers)Approved 11/09/1993 �, o �,. / /„ MOD(Proffers)Approved 09/17/1991 11• ' ,/, 1'2 t CRZ(AG-2 to Conditional I-1)Approved 08/14/1989 := 3 MOD(Conditions)Approved 10/28/2003 ��4 �" /R- D, CRZ(AG-2 to Conditional B-2)Approved 10/28/2003 .1.1w 4,44,0„ CUP(Car Wash)Approved 10/28/2003 �� " MOD(Conditions)Approved 09/13/1994 4 -fil CUP(Car Wash)Approved 04/27/1993 r1% CRZ(AG-2 to Conditional B-2)04/27/1993 4 CRZ(AG-2 to Conditional B-1A)Denied 11/28/2000 CUP(Mini-warehouses) Denied 11/28/2000 Application Tye 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 property as the South Oceana—Special Economic Growth Area (SEGA) 3. The Plan identifies this SEGA as a special area with significant economic value and growth potential, (page 2-87). All development within this area must align with the City's AICUZ provisions and the Oceana Land Use Conformity program. Measures to mitigate negative impacts on adjoining stable residential areas must be part of any development proposal in this area. Mitigation measures should include adequate screening, and light and noise attenuation in building and site design. Natural and Cultural Resources Impacts This subject site is located in the Southern Rivers watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts street lame Present Volume Presentap y - Generate `rbc Corporate Landing Parkway 8,600 ADT' 13,100 ADT 1(LOS°"C") Existing Land Use 2—266 ADT 22,800 ADT'(LOS°"E") Proposed Land Use 3-25 ADT 'Average Daily Trips 2 as defined by 3.5 acres of 3 as defined by a telecommunication 4 LOS=Level of Service I-1 Industrial property facility with seven employees Telxius Cable USA, Inc. Agenda Item 10 Page 4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Corporate Landing Parkway in the vicinity of this application is considered a four-lane divided local street. The existing infrastructure currently resides in a 100-foot right-of-way. The MTP proposes a four-lane facility within a 100-foot right- of-way, so the roadway is currently built out. There are no roadway CIP projects slated for this section of road. Public Utility Impacts Water The site must connect to City water. There is an existing 12-inch City water main along Corporate Landing Parkway. Sewer The site must connect to City sanitary sewer. There is an existing eight to 12-inch City water main and a 12-inch City sanitary sewer force main along Corporate Landing Parkway. Evaluation and Recommendation This request for a Conditional Use Permit for a Fiber-Optic Transmission Facility is consistent with the Comprehensive Plan's recommendations for SEGA 3—South Oceana, and is consistent with the provisions of the Land Use Compatibility Table in Article 18,AICUZ, of the Zoning Ordinance for a site located within the greater than 75 dB DNL noise zone. This property is located in the "Research and Development" section of the Corporate Landing Master Land Use Plan and, as such, the proposed communications facilities is identified as a permitted activity within this section of Corporate Landing Industrial Park. Per the Zoning Ordinance, a Conditional Use Permit is required for a Fiber Optics Transmission Facility within the I-1 Light Industrial District. A cross-access easement will be recorded between this parcel and the adjacent parcel to the north as a shared entrance between these two sites is proposed. Staff recommends that if, in the future, a second access is established to a future roadway for this site,that the proposed truck turn-around area be removed and replaced with plant material. In order to ensure a continued high level of aesthetics as one travels along Corporate Landing Parkway,Staff recommends a condition that in the meantime, no truck parking be permitted between the front façade of the building and Corporate Landing Parkway. Until such time that the second access is installed, the turn-around will be screened with plant material. According to the applicant,the proposed generator transformer on the site will routinely run for maintenance reasons. Due to its location in close proximity to the adjacent brewery, Staff recommends a condition that the applicant submit a maintenance schedule of the generator to the Virginia Beach Development Authority for review and approval. Technology-based businesses, such as the proposed Fiber-Optics Transmission Facility, have the potential to transform the economy of Virginia Beach. The first cable associated with this facility will link the United States with Spain. Shortly after, a second cable will be installed that will link the United States with Brazil. The Economic Development Authority has worked with industry leaders, such as the applicant and their partners,to cluster similar industries within the Corporate Landing Business Park. It is the City's desire that similar facilities choose Virginia Beach and the Corporate Landing Business Park for their operations. Staff finds the proposed use appropriate for the subject site and does not anticipate any negative impact to the adjacent properties. Based on the considerations above,Staff recommends approval of the request subject to the conditions below. Telxius Cable USA, Inc. Agenda Item 10 Page 5 Recommended Conditions 1. With the exception of any modifications required by any of these conditions,the recorded proffers associated with the site or requests of the Virginia Beach Development Authority,the site shall be developed and maintained in substantial conformance with the submitted site layout entitled, "TELEFONICA—TELECOM BUILDING CONCEPTUAL SITE PLAN," dated August 23, 2016 and prepared by Timmons group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. With the exception of any modifications required by any of these conditions,the recorded proffers associated with the site or requests of the Virginia Beach Development Authority,the design, and exterior building materials shall be in substantial conformance with the submitted building elevations entitled, "TELECOM BUILDING SUBMARINE CABLE LANDING STATION SHEET No. A-31 and No.A-32," dated July, 2016 and prepared by Quest Construction Engineering. Said elevations have been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. Prior to final site plan approval, a Landscape Plan reflective of the plant material depicted on the submitted landscape plan entitled, "TELEFONICA—TELECOM BUILDING CONCEPTUAL PLANTING PLAN," dated September 8, 2016 and prepared by Timmons Group, shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. The Site Layout, Building Elevations and Landscape plans referenced in conditions 1, 2 and 3 above shall be submitted and approved by the Virginia Beach Development Authority for consistency with the Corporate Landing Design Criteria prior to final site plan approval. 5. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 6. Prior to final site plan approval, an ingress/egress easement shall be depicted and recorded on the final plat. 7. A schedule listing the times that the proposed generator onsite is operated for routine maintenance shall be submitted and approved by the Virginia Beach Development Authority. 8. No trucks shall park, idle or be stored in front of the building. 9. When not being used,the "Free-Standing Scissor Lift" shall remain recessed. 10. If and when the site is accessed from the proposed 60 foot right-of-way referred to as Craft Lane and depicted on the site layout,the truck turn area shall be closed and replaced with either turf grass or other plantings approved by the Development Services Center Landscape Architect. 11. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign," but rather be either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. Said sign shall be approved by the Zoning Division of the Department of Planning and Community Development and the Virginia Beach Development Authority for consistency with the Corporate Landing Design Criteria. 12. No other equipment besides that already listed on the site layout referenced in Condition 1 shall be stored outside. Telxius Cable USA, Inc. Agenda Item 10 Page 6 13. The condensers shall be screened from view from any rights-of-way with an eight-foot brick wall to match the color scheme of the building. The condensers shall be screened from view from the property to the east by the installation of Category I screening,the length of the condensers parallel to the eastern property line,or with other plant material deemed acceptable to the Development Services Center's Landscape Architect. 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. Telxius Cable USA, Inc. Agenda Item 10 Page 7 Proposed Site Layout • • '4::::,%i...,.. .-44 ,......;..., iiiiii is,...; , 3f /,;,�� moi/ "1�"..'t� I - os ~7 i�37WJS Z• .y'::^4,,ee,4tr r3 .i /// JJ • X14 j –"`---J NOISNIt'dX3 I r OP aifllfld I I . EZ$iI I I UM, FSI cD 1 1 MI T natal I. LL� I I .. I p 1 m I I1 I _ _ 1 I i4 ' —t} �} Y cJ� t I 1 y' tl .r'°"--'-•, 6 O o 1 LL m © antral QBI ,1-53111 I 1 Ti I:1 .,,,«i I I c 4 ' NOISNVdX3 t'I m 3anln� 6 13 u, A' c1 c . i f ' ` m .. tai g tai t.! a I _{ ra . I I {, N4e13S DC-13 Ai NIS � — : I I Telxius Cable USA, Inc. Agenda Item 10 Page 8 Proposed Elevations I --1 1! . . •.1 ct i , e. '... — _ . . - ...... , 4 I i1-- I 1 1 1 : 1 „ :,• ,, 1„1 .. ;f4 = ;4,, 4'... .„ T_ i it'ill q114n lit .1-11- . III •esosescasiar woo ,C •_-,' I"I • • • ..,, 11 0 11 1 1 11 1.1:1 1 _ : ' -• 1 , 1: 1' $ • - - isi II , 1 I ' 2 2 - Ili I l I --r- Ikligill rill IZIIMIA21112Z.V1111$2 . ' -1 1 , _... I-co au F I i 1 i III :g / CI 1•11 1 Z ti :15 ' 1 1111 11 7 4 E 0 '1' 1 t : • -+ — • . - Z: 11 4. Z:, i g i 2 i . ft ( ',... , 0 .. Telxius Cable USA, Inc. Agenda Item 10 Page 9 Proposed Elevations 0•... t ',t. ct. i• i i! ', . 8 — h •4. _, cv --- , .2 m-6, I g 2 '::: • , P. 1.4 iH.: 14 11 al` lii IP fibi V HltifOliet... !-_-_=. iligiWqii111 lil Or .130008000013811 IE . h 7C_1 1 . - 011-r{-1- 1 : 0 it ! litttt: r. . h . ' fl .. . . I 1. •.,.,.:-.., I 1 I il I LI 11-111 ^ ' : 1 1 1, ,. 1 ..,. .. , I . ii, -- . 1.., ,.... ) i ...,f,.., iS • i • Fel 'a z 2 1 Z o < : I' g d. 0.. • I i ! ..4 • „ , .,...I 0 " , . i Telxius Cable USA, Inc. Agenda Item 10 Page 10 .....---011111Immilmomm, Proposed Floor Plan ! . 1 _ _ — l, ..., . v . . i Ati ..,,. .., __. , ....,.. . - .' 11:! ..k : ,. . _ _,_ ________.,_ ____.,_. _,.___ _,..._,__ .„, • . ; • , ; §i ... et- i .. -------=--- ------7==--- 0 4• ...I.'' 00001i , . 95094 i. . i i 1! ' F i • i it' I ,1•40°'; 1 n . l' ;1 1 • 1 . -,,-7- t - i['_• ' - .-'" ' • ' -'.-. IT: - , 1 I ' ' '-.' .1 it- ' . • , ..., 1 _ , 6 : e,..,et,..i•I ; 1 : ; . 1 . I I • P3,1 011V • . I ......a . . .. .i:I. • / Telxius Cable USA, Inc. Agenda Item 10 Page 11 Proposed Landscape Plan ___. ------____ •-_, 1-j:--.____::::::_.-7 H55 } •`' ► 6. 6 ` � � ``\ , / BAR All r + 311I13S s�e F x �� " i s 7 i N �N/: Site Photos • o- , i R _ r, Y sed '..��... € i'4.4-.!': '* .j d`,.y 7 t-2,'';',.....'4,, t '« hit. lr: " r$.`+,' r.'a • • ' : .fes: Telxius Cable USA, Inc. Agenda Item 10 Page 13 Disclosure Statement APPLICANT'S NAMVM E Telxius cable USA,Inc. 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: I Acquisition of Property Disposition of City ( Modification of 1 by City _ Property ; Conditions or Proffers i Alternative Economic Development Nonconforming Use Compliance,Special I Investment Program ' Exce.tion for I ( _ _EDLP) _ _Changes Board of Zoning I Encroachment Request Rezoning 1 A.•eats I 1 Certificate of Floodplain Variance Appropriateness -- — I Street Closure 1(Historic Review Board) Franchise Agreement Chesapeake Bay + j Preservation Area 1 I Lease of City Property Subdivision Variance Board I L — _________ — Conditional Use Permit I License Agreement 1Wetlands Board i She disclosures coi;tain.d in this ,ortri i'-‘re. necessary to i.lfortn public officials who may vo e on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 +:C i( R Telxius Cable USA, Inc. Agenda Item 10 Page 14 Disclosure Statement Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Telxius Cable USA, Inc. 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) Guillermo Canete,Director,President;Florencia De Freitas,Secretary (6) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Applicant: (Attach list if necessary) The parent corporation of the applicant is Telefonica S.A.(NYSE:TEF). See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroperty owner is diffen from Applicant. X 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:City of Va.Beach Dev.Authority If an LLC, list the member's names: See Attached List Page 2 of 7 Telxius Cable USA, Inc. Agenda Item 10 Page 15 Disclosure Statement ,1 Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "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 ousiness entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity.(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Telxius Cable USA, Inc. Agenda Item 10 Page 16 Disclosure Statement rk' APPLICANT Virginia Beach PROVIDER fuse additional sheets it I YES NO I I SERVICE needed) —. ._n Accounting and/or preparer of your tax return I X I I Architect/Landscape Architect/ — ` Land Planner Quest Construction Engineering Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Microsoft Corporation(MSFT) X purchaser of the subject property racebook,Inc.(FB) (identify purchaser(s)and purchaser's service providers) X Construction Contractors ! Unknown X � Engineers/Surveyors/Agents Kimsey-Horn and Associates,Inc. Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Ins u Legal Services Pender&Coward,P.C. Real Estate Brokers/ Thalhimer fXI — Agents/Realtors for current and f — anticipated future sales of the i 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 M� an interest in the subject land or any proposed development I/VI Lo ntingent 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 Telxius Cable USA, Inc. Agenda Item 10 Page 17 Disclosure Statement 3r. l h'[;inia Beach CERTIFICATION: II 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 meetin• •r meeting of any public body or committee in connection with this APPIic; 'on. g I/ Guillermo Canete 6/6/2016 APPLI - T'S SIGNATOR PRINT NAME DATE Page 5 of 7 Telxius Cable USA, Inc. Agenda Item 10 Page 18 Disclosure Statement AFS EY., OWNER Virginia Beach YES ! NO ! I SERVICE PROVIDER(use additional sheets if L.._.... , I-------- --- -- -- needed) I Ix I Accounting and/or preparer of your tax return — Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than I I X the Applicant)-identify purchaser and purchaser's service providers I Any other pending or proposed -_ 1 XI ( purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors X I Engineers/Surveyors/Agents ----- Financing(include currentWpb f - mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I X Legal Services Real Estate Brokers/ 11 ® Agents/Realtors for current and anticipated future sales of the sub-ect .ro.ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have nan 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 Telxius Cable USA, Inc. Agenda Item 10 Page 19 Disclosure Statement Virginia Beach CERTIFICATION: ! hj I certify that all of the information contained in this Disclosure Statement Form is 1i complete,true,and accurate. ni 1 understand that, upon receipt of notification that the application has beerH, scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA j; meeting, or meeting of any public body or committee in connection with this:, A =hcdtion. � • - 'i / � /,»:i �i �' Com: --- — r PROPERTY CAGNE4'S SIGNATURE I PRINT NAME ' DATE I' Page 7 of 7 Telxius Cable USA, Inc. Agenda Item 10 Page 20 Disclosure Statement City of Virginia Beach Development Authority Members David LBernd Jrexp-ec Ter,' 1.0.0 .2015 Sentfi a Inceperdence 300 independence 3h,C., to 10,3 :`irgiria Evict.':.A 23455 Linwood O_8r.nch are 29.01.'2014 0S'31'2015 Ca,e inn sone Beach 1.000 r.tlsrt c; s Virsir is Beach.V.4 223451 Bryan D_CodfeeMeasured cera 09'01'2015 03'3'1'2219 Ccld Kev:PHR 932_saki"Rd ia Beach,',"::,23451 Midori H.Levinson(Assistant Sec ehryi) veers 29'01.'2014 03'31'2013 Michael..Levinson L.Associates 303 34:h Street,Suite 6 Virginia Beach.VA 23451 Stephen.1.McNulty sere 09.01:2014 OS'31'2215 Tc::-neBerk .2101 Fanta/A.enue,S.ite 200 Virginia Beach:VA 23451 Jerrold L Miller harp red Ter.' 06.07.'2016 088.'312016 The"'*til ler 3roup 1.242 ti.'nUmrvie.Road 4 yeere 09.'01,:2016 W31'2020 Virginia Beech.V..23454 Shea/ring May(Secretary) _ere 09:'01.'2013 03'31'201.' Ke le '/s`lllieme Rea Id(Coastal'"rgn-e 1.100`:'c r:c•Perk'..ay,Site 202 Cneespeske,'d Peter K.Mueller 4yeare 09:01.'2012 08.'31'2016 STIHL, rd 534'di&gDrive 'v''irgicie Seach.b,:23452 CharlesM_Saile 4',eers 29:01.2012 08:31'2216 ADS, nc. 521_ynn!,ever Psfkv.s}' 'Virginia Beth:KVA 23452 JosephEStrage 4'geer 09,01.2015 08.'31.'2019 Tide.;ate-Sa:.•'':'ac 1.425 Lake James Drive Virginia Eeach.,V.L 23464 Dorothy L Wood(Cheer) 'tear_ 09'01'2014 OS'31'2015 JC 3309 Thalia Drive r irgiria Eeact,V.4 23452 Telxius Cable USA, Inc. Agenda Item 10 Page 21 Item#10 Telxius Cable USA, Inc. Conditional Use Permit East of Corporate Landing Parkway,West of General Booth Boulevard District 7 Princess Anne September 14, 2016 CONSENT An application of Telxius Cable USA, Inc.for a Conditional Use Permit(Fiber Optics Transmission Facility) on property located East of Corporate Landing Parkway and West of General Booth Boulevard, District 7 Princess Anne. GPIN: Part of 2415-22-8593-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the recorded proffers associated with the site or requests of the Virginia Beach Development Authority,the site shall be developed and maintained in substantial conformance with the submitted site layout entitled, "TELEFONICA—TELECOM BUILDING CONCEPTUAL SITE PLAN," dated August 23, 2016 and prepared by Timmons group. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. With the exception of any modifications required by any of these conditions,the recorded proffers associated with the site or requests of the Virginia Beach Development Authority,the design, and exterior building materials shall be in substantial conformance with the submitted building elevations entitled, "TELECOM BUILDING SUBMARINE CABLE LANDING STATION SHEET No.A-31 and No.A-32," dated July, 2016 and prepared by Quest Construction Engineering. Said elevations have been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. Prior to final site plan approval, a Landscape Plan reflective of the plant material depicted on the submitted landscape plan entitled, "TELEFONICA—TELECOM BUILDING CONCEPTUAL PLANTING PLAN," dated September 8, 2016 and prepared by Timmons Group, shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. The Site Layout, Building Elevations and Landscape plans referenced in conditions 1, 2 and 3 above shall be submitted and approved by the Virginia Beach Development Authority for consistency with the Corporate Landing Design Criteria prior to final site plan approval. 5. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 6. Prior to final site plan approval,an ingress/egress easement shall be depicted and recorded on the final plat. Item#10 Telxius Cable USA, Inc. Page 2 7. A schedule listing the times that the proposed generator onsite is operated for routine maintenance shall be submitted and approved by the Virginia Beach Development Authority. 8. No trucks shall park, idle or be stored in front of the building. 9. When not being used,the "Free-Standing Scissor Lift" shall remain recessed. 10. If and when the site is accessed from the proposed 60 foot right-of-way referred to as Craft Lane and depicted on the site layout,the truck turn area shall be closed and replaced with either turf grass or other plantings approved by the Development Services Center Landscape Architect. 11. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign," but rather be either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. Said sign shall be approved by the Zoning Division of the Department of Planning and Community Development and the Virginia Beach Development Authority for consistency with the Corporate Landing Design Criteria. 12. No other equipment besides that already listed on the site layout referenced in Condition 1 shall be stored outside. 13. The condensers shall be screened from view from any rights-of-way with an eight-foot brick wall to match the color scheme of the building. The condensers shall be screened from view from the property to the east by the installation of Category I screening,the length of the condensers parallel to the eastern property line,or with other plant material deemed acceptable to the Development Services Center's Landscape Architect. A motion was made by Commissioner Thornton and seconded by Commissioner Oliver to approve item 10. AYE 6 NAY 0 ABS 1 ABSENT 4 HODGSON AYE HORSLEY ABSENT INMAN ABSENT KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABS WALL ABSENT WEINER AYE By a vote of 6-0-1,the Commission approved item 10 for consent. Item#10 Telxius Cable USA, Inc. Page 3 Mark R. Baumgartner appeared before the Commission on behalf of the applicant. r „... y%)) r f.° u 1� 7 z -; Si NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, October 4, 2016 at 6:00 p.m., at which time the following applications will be heard: DISTRICT 7-PRINCESS ANNE TELXIUS CABLE USA,INC./CITY OF VIRGINIA BEACH Conditional Use Permit(Fiber Optics Transmission Facility) East of Corporate Landing Parkway, West of General Booth Boulevard (Part of GPIN 2415228593) DISTRICT 3-ROSE HALL THOMAS WILDER / JUAN SUAREZ, ARCH DIXON & JALALADIN MANSOURZADEH Conditional Use Permit (Craft Brewery) 2505 Horse Pasture Road, Suites 102, 103 & 104 (GPIN 1495857045) DISTRICT 5-LYNNHAVEN ALDI (N.C.) LLC / THREE FIVE MINISTRIES, INC. Conditional Change of Zoning from R-15 Residential District to Conditional B-2 Community Business District 929 First Colonial Road (GPIN 2408605805) All interested parties are in ed to attend. Ruth Hodges r er,MMC City Clerk Copies of the proposed ordinances, resolutions, and amendments are on file and may be examined in the Department of Planning or online at hf�://www.vbgov.com/rc. 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 18&25, 2016 74 Item—VII-J.8 PLANNING ITEM#66306 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY, BY CONSENT, Ordinance upon application of THOMAS WILDER / JUAN SUAREZ/ARCH DIXON/JALALADINMANSOURZADEH Conditional Use Permit to expand Craft Brewery at 2505 Horse Pasture Road DISTRICT 3—ROSE HALL Voting.• 10-0 Council Members Voting Aye: M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Robert M. Dyer September 6, 2016 Hi 1 11 ii i / . I NM 0N• r r 1I r / If , ,1 ,,, rat / I 1 / r /� if f _ 7 r) �_ -J yl f f i f + ff ))i j� L i ti //(// . .. ,„ .„ „ , - { f f _„,,,,,,,„. ...._.. , ,_______ / t 111\6\6. r a \r11\1114111%.' r I/ ib / i o fly ; N ..i'.:::1 /l' .,1' 8/ i'll '/ Ce 1 X / / / it. t it) 1 i 1I gi 1 Zi ...I ' i D i f 0,KL N. r 1 i 1 1 I /i i Q 1 / J aos °'' 4 g'1 I�Lw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS WILDER [Applicant] JUAN SUAREZ, ARCH DIXON & JALALADIN MANSOURZADEH [Property Owners] Conditional Use Permit (Craft Brewery) 2505 Horse Pasture Road (GPIN 1495857045). COUNCIL DISTRICT— ROSE HALL MEETING DATE: October 4, 2016 • Background: This application was previously deferred from the September 6, 2016 City Council hearing as issues regarding the Navy's restrictive easement were identified. The applicant has operated the Young Veteran's Brewing Company on the subject site since 2013. The applicant intends to expand the business to approximately 6,000 square feet. The Zoning Ordinance was amended in October 2014 to add Craft Breweries as a Conditional Use within the I-1 Light Industrial District. As a result, a Conditional Use Permit is now required for the expansion. The expansion will include a tasting room, office space, manufacturing space, storage space etc. • Considerations: The request is consistent with the Comprehensive Plan's land use goals for South Oceana — SEGA 3, and is a compatible use in the 70-75 dB DNL noise zone according to Article 18, AICUZ, of the Zoning Ordinance. On October 15, 2016, the applicant met with the Navy in regards to compatibility concerns with the restrictive easement that exists on the subject property. Since that time, the applicant and the Navy have developed a plan to bring the proposed Craft Brewery into compliance with the easement. As a result of this compliance inquiry, Staff has recommended several changes including a revision to the site layout to remove the proposed outdoor seating, the prohibition of food trucks, and the elimination of live performences onsite. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. Thomas Wilder Page 2 of 3 • 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. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 6. Live music i•. - - e •• -: e - • - - - _ . • -- -- - - - e e e the actual ingress and egress of patrons and employees. shall be prohibited on the site. 7. No food trucks shall be permitted to operate on the premises. Unless a _ 9:-. A . ki. - obtained. 8. link fence. Regardless of the site layout submitted by the applicant with this request, there shall be no outdoor seating areas permitted on the site. 9. All signage onsite shall meet the requirements of the City Zoning Ordinance. 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. A separate sign permit from the Planning Department shall be required for the installation of any signage. �. a •- - . -- •e - e . . -e e - e e. • e e Cervices (moo. . e ..:.. - ••: . - •e : . - _ -.. . - - -• e Architect. 44-10. A complete plumbing fixture count, by type, and the proposed additional process water demand shall be submitted to the Department of Public Thomas Wilder Page 3 of 3 Utilities to ensure that the existing water meter is capable of meeting an increased peak water demand. 42,11. Regardless of the floor plan submitted by the applicant with this request and consistent with the Navy Restrictive Easement, auxiliary function retail sales in association with the brewery shall not exceed ten (10) percent of the gross building area of the space occupied by the brewery. 43,12. The "Copper Art Workshop" area identified on the floor plan submitted by the applicant with this request, shall be used only for the manufacturing of goods and shall be closed to the general public. ■ Attachments: 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 Department City Manager: eft Applicant Thomas Wilder Agenda Item Property Owner Juan Suarez, Arch Dixon & Jalaladin Mansourzadeh City of Public Hearing August 10, 2016 Virginia Beach City Council Election District Rose Hall Request `/o :f Conditional Use Permit (Craft Brewery) t COVE Staff Planner AFZI K�OJ^te Jimmy McNamara Aviator Drive >75 dB DNL Performance court Location 2505 Horse Pasture Road 4D ndon4 , GPIN 1495857045 Dam Neck Road APZ2 Site Size 1.85 acres AICUZ 70-75 dB DNL �G 70-75 dB DNL a 3: Existing Land Use and Zoning District Industrial warehouse/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North Horse Pasture Road ��+ #' ::, Undeveloped, industrial warehouse/ 1-1 Light Industrial H South p t Rod, s Dam Neck Road Wooded land/R-20 Residential a : , . East Horse Pasture Road Industrial warehouse/ I-1 Light Industrial • r • West Undeveloped/ 1-1 Light Industrial Dea,17 Hec,`R°ad Thomas Wilder Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant has operated the Young Veteran's Brewing Company on the subject site since 2013. The operation currently occupies one suite (104), with approximately 2,000 square feet within an existing industrial warehouse building. The Zoning Administrator has determined that the retail area permitted as an accessory use on the site is limited to 10%of the gross floor area of the business. • The applicant desires to expand the business to include two additional suites (102, 103) for a total of approximately 6,000 square feet. Suite 107 will also be occupied by Young Veterans Brewing Company for office space, and is not included in this Conditional Use Permit request. • The Brewery began operating on the site as a Beverage Manufacturing establishment. On October 7, 2014,the Zoning Ordinance was amended to add Craft Breweries as a Conditional Use within the I-1 Light Industrial District. As a result, a Conditional Use Permit is now required for the expansion. • The expansion will include a 750 square-foot tasting room, a 400 square-foot cooler, office space, manufacturing space, storage space, an outdoor seating area and a 352 square-foot copper art shop. No changes are proposed to the exterior of the existing building. • Proposed hours of operation are 3:00 p.m. to 8:00 p.m., Sunday through Thursday; 3:00 p.m. to 11:00 p.m. on Friday; and 12:00 p.m.to 11:00 p.m. on Saturday. • Beverages will be available for on-site consumption within the tasting room, which will only serve beers produced by Young Veterans Brewing Company. As defined in the Zoning Ordinance, Craft Breweries may not produce beer or other fermented beverages in excess of 15,000 barrels per year. • The existing number of parking spaces on the site meet the requirements of Section 203 of the Zoning Ordinance. i. >J7sdBo / HNL N pasture 8-2 ure Road \___1' "15 Zoning History �-1� # Request 1 CRZ(AG-1&AG-2 to Conditional 1-1)Approved R-2o 05/14/2002 �•"� L r_.... Dam Neck Roan AG-1 R-20 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 Thomas Wilder Agenda Item 1 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the area where this property is located as the South Oceana—Special Economic Growth Area (SEGA) 3. The Plan identifies this SEGA as a special area with significant economic value and growth potential, (page 3-32, Policy Document). All development within this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. Measures to mitigate negative impacts on adjoining stable residential areas must be part of any development proposal in this area. Mitigation measures should include adequate screening, and light and noise attenuation in building and site design. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed with an office warehouse and associated parking,there do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Velum. Present Capacity GeneratedTraffic 9,900 ADT'(LOS 4"D„) Horse Pasture Road 253 ADT 1 „ Existing Land Use 2—235 ADT 11,100 ADT 1 (LOS 4"E”) Proposed Land Use 3—No Change Dam Neck Road 38,359 ADT 1 34,900 ADT'(LOS°"D") Anticipated 37,100 ADT 1(LOS 4"E") 'Average Daily Trips 'as defined by Drinking 3as defined by Drinking Establishment 4 LOS=Level of Service Establishment Public Utility Impacts Water The site is currently connected to City water. The existing 1.5-inch meter(City ID#95067436) may be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to City sanitary sewer service. Evaluation and Recommendation The applicant's request to expand the existing brewery is consistent with the Comprehensive Plan's land use goals for South Oceana—SEGA 3, and 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. The Virginia Uniform Statewide Building Code requires noise attenuation measures be incorporated into all structures within the high noise zones. In Staffs opinion, that this use is appropriate for the location, and does not anticipate any negative impacts to adjacent property owners. Based on the considerations above, Staff recommends approval of the request subject to the conditions below. Thomas Wilder Agenda Item 1 Page 3 Recommended Conditions 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 6. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 7. No food trucks shall be permitted to operate on the premises unless a separate Conditional Use Permit for Open-Air Market is obtained. 8. The outdoor seating area shall not be enclosed by either a solid or chain-link fence. 9. All signage onsite shall meet the requirements of the City Zoning Ordinance. 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. A separate sign permit from the Planning Department shall be required for the installation of any signage. 10. Prior to the removal or conversion of any required interior parking lot landscaping for the purpose of creating an outdoor seating area, a representative of the Craft Brewery shall submit a plan to the Development Services Center demonstrating interior planting requirements are met and shall obtain written approval from Development Services Center Landscape Architect. 11. A complete plumbing fixture count, by type, and the proposed additional process water demand shall be submitted to the Department of Public Utilities to ensure that the existing water meter is capable of meeting an increased peak water demand. 12. Auxiliary function retail sales in association with the brewery shall not exceed ten (10) percent of the gross building area of the space occupied by the brewery. 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. Thomas Wilder Agenda Item 1 Page 4 Proposed Site Layout I, i , . Ingress/Egress \ / / \\,. / ..,__. --- ______ _____ -- i ,N. ..._____ Parking i 1 if :I , , ( ) ' . - I , Brewery Ingress/Egress C-----' i c i C Parking 7 / , , z , ,...._._ Thomas Wilder Agenda Item 1 Page 5 Proposed Interior Floorplan Young Veterans Brewing Co. Taproom and Brewery Floor Plan 80 Ft Total SF: 6,000 PAULI RACK PALLL 1 RACK PAUL 1 RACK PALLET RACK ..-.' 6 108"X 42" 108"X 42" 108"1•42---108—X-42"-----.1 U.J < -ME = Tr Z LiJ 0 _ii 3 N rs4 J&S BuildersOffice -J CO .t 0 a. ,_ I 0 Z I-- 0 < D 9_, ,,tx 6ft 1 RLEZER i AB Remove Wall 30 ft X 18 ft 6FT X 6FT i 8FT X 6FT 8FT X 6FT ' , MU ROOM 'ci, SITX9Et Employee Kitchen Restroom LU E Z Or x 0 NJ 0 CC a.) Tasting Room < - - 40 B a.'., F5 z co < Total 780 SF .... < D LJ 0 (t) COOLER ._.J 400 SF 401383 Term ni Remove Wall 20ft X 18ft Ca : i ..,- 20 BBL . . str 36so. 76 ,iav Copper Art Workshop 241T Drain 1 1 LL1 " " " " '•' " ,iii-‘41 32ft X lift 20 BBL , .. 1 7813L Mk 288. 0 N c:r I 0 0 ,-- -0 flolier Room 1 I .2 IIII 11111 11111 IIIL- ____ 1 < D 111111.4111111111 RESTROOM 2 RESTROOM' Boiler MI lig Mil MI RESTROOM 3 ril. ,511. asek meows. ;,.., ti• MS&MP Thomas Wilder Agenda Item 1 Page 6 Site Photos — Youx.,I'fliAlliiI1V,I CF t .0 . 1211111111.1111ME ' V.r 44,,,, •j , , . '4".:.,1:- • ,,,11,,• 1°•,..I- i / 4•0,,,,— ----, I --- , I Iii r• - , 41111111PMIIIMIIP- 1..°P''''.. 141 40 A....". .., ,.. _ — — . . -,•--• " __„„...--,--''''< 1 ; ...A.,.---=,—...'-'' '..b :4•'i„. I. il i r : . .. ..1„...,..„,.......„, r, , r , ... . ,,,„ ,.. _ , .. , ... ..... ik, , A.' IF u. tilt i t I:11 ., Ift .11 r ' ------ ------ — " , .- _ .. .,. F. !,.. --....... — _ . . 1';' ,. . . . .. ,'........ , . ' . ' ' .. •'''''- if"' ''. - Thomas Wilder Agenda Item 1 Page 7 Disclosure Statement (fry." Virginia Beach APPLICANT'S NAME Tjm1 t-��- DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Appeals Zoning 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 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 EOR CIT Y USF OM Y/SII oi[r oc.urrs must bo updatrd n o(2)v‘icK, 2,of tr 'ry Page 1 of 7 Fl�m,ii c.Corm' _ic t nd C Iy Counul nteetinu that peItan.!,to the al,l,hc uor ts;. 0 AFT(IC NOIFIED OF NEARING ;,TF NO CHANGFS AS OF IV l I ❑ R1t'S ONS SURMITTEG p,, F Thomas Wilder Agenda Item 1 Page 8 Disclosure Statement \113 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:_ 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 footnotesI 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. LI Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. // q (A) List the Property Owner's name:1N_i_'+�` [ ' G&�� y _14t4,41.- �(F►>txuri.. "f+ If an LLC, list the member's names:_C i Lit ..4 /64,46iN_ErLC '��n: 11tt(tllfl.kl L.l-.0 (( Page 2 of 7 Thomas Wilder Agenda Item 1 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. 4 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Thomas Wilder Agenda Item 1 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO _ SERVICE PROVIDER(use additional sheets if needed) �`� ❑ Accounting and/or preparer of } L= -y C,, your tax return / ❑ Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than (j the Applicant)- identify purchaser JJ�� 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 tA gi,3tp LL X<Z) ❑ Engineers/Surveyors/Agents Ata/W-1 G0„4{ Financing (include current ❑ in mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ i an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Thomas Wilder Agenda Item 1 Page 11 Disclosure Statement Ir rzyA 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. APPLI SIGNA r' PRINT NAME DATE Page 5 of 7 Thomas Wilder Agenda Item 1 Page 12 Disclosure Statement 1.0 OWNER Virginia Beach YES NO tSERVICE 1 PROVIDER fuse additional sheets if i 1 ! needed) J ID ® Accounting and/or preparer of f_ your tax return _ ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® I the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property j El ® (identify purchaser(s)and I purchaser's service providers) 0 150 Construction Contractors O ® ; Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition I or construction of the property) I ❑ ® Legal Services Real Estate Brokers/ O ® 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 I Does an official or employee of the City of Virginia Beach have El ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Thomas Wilder Agenda Item 1 Page 13 Disclosure Statement ., Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meet ng, or meeting of any p blic body or committee in connection with this A' .li ation. jk � Juan%I Suarez 2712016^ PROPI Rr'OWNER SIC TORE ' PRINT NAME DATE Page 7 of 7 Thomas Wilder Agenda Item 1 Page 14 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if ate,Fl .. ❑ Accounting and/or preparer of ' f' your tax return :MG H 0 Architect/Landscape Architect/ OPP �1 Land Planner Contract Purchaser(jf other than ❑ V[ 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) ►l ❑ Construction Contractors UQ &t.411736 l4erS i 0 Engineers/Surveyors/Agents 11 tie �hem Financing(include current O Mortgage holders and lenders 7- selected or being considered to provide financing for acquisition or construction of the property) 017 Legal Services Real Estate Brokers/ O Tiffk Agents/Realtors for current and anticipated future sales of the subject property • p 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 Thomas Wilder Agenda Item 1 Page 15 Disclosure Statement 0 .111/4/B., 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,'•,r meeting of any public body or committee in connection with this Apeldi --- PRO • OWNER'S SIGNATURE�✓�1li rz it c�1--)1X-)1-.) V o 7 l r PRINT NAME OA'TE /� Page 7 of 7 Thomas Wilder Agenda Item 1 Page 16 Disclosure Statement OWNER Virginia Beach i {YES] I NO ' 1 SERVICE1 1 PROVIDER(use additional sheets if i t needed) _ 1 ‘-- --1 O is Accounting and/or preparer of your tax return O Ej Architect/Landscape Architect/ Land Planner ' I Contract Purchaser(if other than 0 E the Applicant)-identify purchaser and purchaser's service providers ' I "Any other pending or proposed El in purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) El 0 Construction Contractors ------- — [2] Ca Engineers/Surveyors/Agents Financing(include current 1 O m 1 mortgage holders and lenders I selected or being considered to provide financing for acquisition or construction of the property) . El 3 . Legal Services Real Estate Brokers/ O n Agents/Realtors for current and anticipated future sales of the i subject propp-ty 3 1 1 4 —...---....... SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1, Does an official or employee of the City of Virginia Beach have El0an interest in the subject land or any proposed development I contingent on the subject public action? ___ If yes, what is the name of the official or employee and what is the nature of the interest? ---. Page 6 of 7 Thomas Wilder Agenda Item 1 Page 17 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 A. .lication. j1'ROP 'TY OWNER'S SIGNATU.� PRINT NAME DATE Page 7 of 7 Thomas Wilder Agenda Item 1 Page 18 Item #1 Thomas Wilder Conditional Use Permit 2505 Horse Pasture Road,Suite 102, 103, & 104 District 3 Rose Hall August 10, 2016 CONSENT An application of Thomas Wilder for a Conditional Use Permit(Craft Brewery)on property located at 2505 Horse Pasture Road,Suite 102, 103 & 104, District 3 Rose Hall. GPIN: 1495-85-7045-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 3. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 4. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 6. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances,except during the actual ingress and egress of patrons and employees. 7. No food trucks shall be permitted to operate on the premises unless a separate Conditional Use Permit for Open-Air Market is obtained. 8. The outdoor seating area shall not be enclosed by either a solid or chain-link fence. 9. All signage onsite shall meet the requirements of the City Zoning Ordinance. 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. A separate sign permit from the Planning Department shall be required for the installation of any signage. 10. Prior to the removal or conversion of any required interior parking lot landscaping for the purpose of creating an outdoor seating area, a representative of the Craft Brewery shall submit a plan to the Item #1 Thomas Wilder Page 2 Development Services Center demonstrating interior planting requirements are met and shall obtain written approval from Development Services Center Landscape Architect. 11. A complete plumbing fixture count, by type, and the proposed additional process water demand shall be submitted to the Department of Public Utilities to ensure that the existing water meter is capable of meeting an increased peak water demand. 12. Auxiliary function retail sales in association with the brewery shall not exceed ten (10) percent of the gross building area of the space occupied by the brewery. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approve item 1 for consent. Neil McCanon appeared before the Commission on behalf of the applicant. 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 *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** 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 SESSIONS ELECTION DAY TUESDAY, NOVEMBER 8, 2016 CANCELLED EVERYONE PLEASE EXERCISE YOUR PRIVILEGE TO VOTE *************************** 5 -YEAR FORECAST November 15 , 2016 Building No. 19 Joint City Council and School Board *************************** 10/4/16 tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 09/20/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOKMMS H L W O Y LN A O O O R S 0 R EE EN S NM I 00 T R Y S E SDSNND CITY COUNCIL'S BRIEFINGS 1. DEVELOPMENT AUTHORITY, Dorothy Wood,Chair ANNUAL REPORT 2. CERTIFIED LOCAL GOVERNMENT Mark Reed,Planning DESIGNATION 3. HISTORIC PRESERVATION Bernice Pope,Chair COMMISSION UPDATE [I. CITY MANAGER'S BRIEFINGS 1. CONVENTION AND VISITORS Brad Van Dommelen- BUREAU UPDATE Director, Convention and Visitors Bureau 2. EMERGENCY OPERATIONS PLAN Erin Sutton, UPDATE Emergency Management 3. ARENA UPDATE Douglas Smith— Deputy City Manager HUNN/ CERTIFICATION OF CLOSED CERTIFIED 11—0 Y Y Y Y Y Y Y Y Y Y Y VI/A-E SESSIONS F MINUTES SEPTEMBER 6,2016 APPROVED 11-0 Y YY Y Y Y Y Y Y Y Y G FORMAL SESSION AGENDA H MAYOR'S PRESENTATION 1. RESOLUTION Louis J.Schager, Commanding Officer,Naval Air Station Oceana PUBLIC HEARINGS 1. TRANSFER of City Property to the 2 Speakers Development Authority re Arena 2. DETERMINATION of EXCESS City Property at Ego Drive No Speakers PUBLIC COMMENT 1. 2017 Legislative Package 1 Speaker Resolution to ENCOURAGE the Virginia ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ADD ON Marine Resources Commission to ADOPT regulations for aquaculture structures K I Ordinance to AMEND City Code re ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Precious Metal Permits CONSENT K.2 Resolution AUTHORIZING the 2016 ADOPTED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Plan of Financing with the Development Authority K.3 Ordinance re COMPENSATION of the ADOPTED,BY 10-1 Y Y Y Y Y N Y Y Y Y Y City Auditor CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 09/20/2016 PAGE: 2 A - V H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MM S H L W O Y LN A O O O R S 0 R EE EN SNM I 00 T R Y S E S DSNND K.4 Resolution APPOINTING B.Kay ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Wilson to Deputy City Attorney K.5 Resolution formally RE-ADOPTING the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Virginia Beach Emergency Operations CONSENT Plan K.6 Ordinance to ESTABLISH three new ADOPTED,BY 11-0 Y Y Y Y Y Y YY Y Y Y roadway projects,to ACCEPT/ CONSENT APPROPRIATE$2,026,077 from Virginia Transportation's Transportation Alternatives Program, TRANSFER$910,266 K.7 Ordinance DECLARING EXCESS City ADOPTED,BY 10-0 Y Y Y Y Y Y Y B Y Y Y Property at Ego Drive/ CONSENT AUTHORIZING City Manager to sell n the property to Bishard Homes,LLC D K.8 Ordinance to AUTHORIZE temporary encroachments: a. Portion of City R-O-W,known ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y as 79th Street CONSENT b. Portion of City property,known ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y as Lake Joyce/25-foot strip CONSENT around Lake Joyce K.9 Ordinance to CARRY FORWARD from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y FY 2015-16/APPROPRIATE CONSENT $865,901 into FY 2016-17 for purposes previously approved: GENERAL FUND Planning $10,078 Cultural Affairs/Arts/ 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/ Operations $65,850 Housing/Neighborhood Preservation/Code Enforcement $36,427 Law Library $227,746 Police/DEA Uniform Patrol Grants $16,180 Police/DEA K-9 $26,600 Police/DEA Special Investigative Unit $22,629 Parks/Recreation/Landscaping Special Zone Management Princess Anne $27,000 K.10. Ordinances to APPROPRIATE: a-f. a. $204,434 from fees/ADD three ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y FTE's to Human Services for CONSENT Developmental Disability case management services CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 09/20/2016 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 EEENSNM 100 T R Y S E S DS NND K.10 Ordinances to APPROPRIATE: a-f b. $40,000 for the Virginia Task Force ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (cont) Two Urban Search/Rescue Team CONSENT in response to Louisiana flooding c. $5,000 Grant from DMV to Public ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Works CONSENT d. $319,950 in Federal revenue/ ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $35,550 in State revenue from the CONSENT VDOT's Transportation's Highway Safety Improvement Program to "Traffic Safety Improvements IV" e. $21,300 Grant to Fire for its Marine ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Team CONSENT f. FY 2016/17 DMV Grant to Police: ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y I. Seat Belt Enforcement APPROPRIATE:$52,000; MATCH:$26,000 2. DUI Enforcement ADOPTED,BY 11-0 Y YY Y Y Y Y Y Y Y Y APPROPRIATE:$62,466; CONSENT MATCH:$31,233 K.11 Resolution to ENCOURAGE the Virginia ADOPTED,BY 10-0 Y YY s Y Y Y Y Y Y Y ADD ON Marine Resources Commission to CONSENT ADOPT regulations for aquaculture A structures N D L.1 SHORE VENTURES ASSOCIATES, APPROVED/ 11-0 Y YY Y Y Y Y Y Y Y Y LLC. Subdivision Variance re single CONDITIONED, family dwellings at 457 Kirkwood BY CONSENT Lane DISTRICT 5—LYNNHAVEN L.2 DAVID N.REDA,TRUSTEE OF APPROVED/ 11-0 Y YY Y Y Y Y Y Y Y Y FIRST VIRGINIA LAND TRUST, CONDITIONED, Street Closure of Road Number#4/a BY CONSENT portion of a 20-foot private road, adjacent to 1275 Baker Road. DISTRICT 4—BAYSIDE L.3 PEMBROKE SQUARE APPROVED/ 11-0 Y YY Y Y Y Y Y Y Y Y ASSOCIATES,LLC. Modification of CONDITIONED, Conditions re indoor recreation at 4554 BY CONSENT Virginia Beach Boulevard DISTRICT 4 -BAYSIDE L.4 B.H.VINELAND Conditional COZ APPROVED/ 11-0 Y YY Y Y Y Y Y Y Y Y from AG-2 to Conditional R-5D at PROFFERED,BY 1046/1050 Old Dam Neck Road/1037 CONSENT Dam Neck Road.DISTRICT 7— PRINCESS ANNE L.5 BRYANA GUCKIN CUP re home APPROVED/ 11-0 Y YY Y Y Y Y Y Y Y Y occupation for Internet sales at 1225 CONDITIONED, Orkney Drive DISTRICT 2— BY CONSENT KEMPSVILLE L.6 RALPH J.NAHRA/RALPH J.AND APPROVED/ 10-0 Y YY Y s Y Y Y Y Y Y DEBBIE M.NAHRA, CUP's re CONDITIONED, motor vehicle sales,rentals and auto BY CONSENT A repair at 1017 Aragona Boulevard DISTRICT 4—BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 09/20/2016 PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H LW O Y L N A O O O R S 0 R E E ENSNM 100 T R Y S E S DS NND L.7a-c WAL-MART STORES,INC.,/LAKE GEM II,LLC/WAL-MART REAL ESTATE BUSINESS ETC.CUP's re bulk storage: a. 1149 and 1169 Nimmo Parkway APPROVED/ 8-3 Y YY N YNY Y Y Y N DISTRICT 7—PRINCESS ANNE CONDITIONED, BY CONSENT b.2021 Lynnhaven Parkway APPROVED/ 8-3 Y YY N Y N Y Y Y Y N DISTRICT 3—ROSE HALL CONDITIONED, BY CONSENT c. 657 Phoenix Drive DISTRICT 6— APPROVED/ 8-3 Y YY N Y N Y Y Y Y N BEACH CONDITIONED, BY CONSENT L.8 CITY Ordinance to AMEND Section 4.1 APPROVED,BY 11-0 Y YY Y Y Y Y Y Y Y Y and ADD Section 1.115 of the Site Plan CONSENT Ordinance,re the"Lowest Floor and Plan Notes"re the Floodplain M APPOINTMENTS RESCHEDULED 11 -0 Y Y Y Y Y Y Y Y Y Y Y AGRICULTURAL ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION HISTORIC REVIEW BOARD HUMAN RIGHTS COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N/O/P ADJOURNMENT 6:35 PM