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Home My WebLink AboutNOVEMBER 15, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.141"E40 MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 0� M.BENJAMIN DAVENPORT,At Large . ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne District 7 U e SHANNON DS KANE,Rose Hall District 3 ;' M . JOHN D.MOSS,At Large °,;' et�� AMELIA ROSS-HAMMOND,Kempsville-District 2 "eFaoa''d�.-0° 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 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 15 November 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING L CITY COUNCIL /SCHOOL BOARD WORKSHOP - Building 19- 3:00 PM A. FIVE-YEAR FINANCIAL FORECAST David Bradley, Director of Management Services Farrell Hanzaker, Chief Financial Officer for Schools II. CITY COUNCIL BRIEFING - Conference Room- 3:45 PM A. JOINT EXPEDITIONARY BASE LITTLE CREEK-FORT STORY UPDATE Captain Daniel Senesky, Commanding Officer III. CITY MANAGER'S BRIEFINGS A. NATIONAL MARINE SANCTUARY NOMINATION Lynn Clements, Director—Museums and Historic Homes Mark Swingle, Virginia Aquarium Director of Research and Conservation B. HURRICANE MATTHEW RECOVERY UPDATE David L. Hansen, City Manager C. LIGHT RAIL DISCUSSION David L. Hansen, City Manager IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:15 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: Pastor Stacy Potts Cornerstone Bible 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 1. INFORMAL and FORMAL SESSIONS November 1, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—World Pancreatic Cancer Day Jennifer Murphy, Volunteer I. PUBLIC COMMENT 1. On-Line Home Sharing Economy Ad Hoc Committee Recommendations (AIRBNB) J. ORDINANCES/RESOLUTIONS 1. Resolution to DECLARE City Property surrounding the proposed location of Price Street Apartments as a Revitalization Area to qualify for Virginia Housing Development Authority (VHDA) financing. 2. Resolution AUTHORIZING the City to CONTINUE its participation in the Criminal Justice Services' Certified Crime Prevention Community program. 3. Resolution AFFIRMING the City Council's support of the Virginia Aquarium and Marine Science Center Foundation, Inc.'s nomination of the Norfolk Canyon as a National Marine Sanctuary. 4. Resolution REQUESTING the General Assembly UTILIZE the City's recommendations in any Legislation considered during the 2017 Session of the General Assembly dealing with the On-Line Home Sharing Economy(AIRBNB). 5. Ordinances to: a. TRANSFER $65,000 from the General Fund Reserve For Contingencies to the City Manager to PROCURE services and study the impact of short-term lodging on the local economy b. APPROPRIATE $1,501,607 and TRANSFER$2,525,000 to support the Hurricane Matthew Recovery c. APPROPRIATE $16,754,643 to the School Reversion Fund: (1) $10,000,000 to the School Reserve Special Revenue fund to address the anticipated operating Budget shortfall in FY 2018 (2) $6,754,643 to the Schools Operating Budget in the amounts of: (a) $2,700,000 to provide the funding gap for FY17 employee compensation (b) $2,116,415 to purchase buses and other vehicles (c) $809,625 for a match for wireless network upgrade (d) $154,670 for replacement vehicles (e) $500,000 for the Technology Initiative; "Access for all Students" (f) $473,933 for electronic door access at schools d. APPROPRIATE $175,000 to provide an interest-free loan to the Ocean Park Volunteer Rescue Squad Inc. for the purchase of ambulances and related gear e. ACCEPT and APPROPRIATE a$12,852 Grant for Four-for-Life Emergency Medical Services training f. ACCEPT and APPROPRIATE a$289,817 Grant for the Commonwealth Attorney's Victim Witness Program and TRANSFER $151,918 to AUTHORIZE Grant-funded positions g. ACCEPT and APPROPRIATE $505,845 from the Virginia Department of Agriculture and Consumer Services to reimburse the City for a portion of the cost to ACQUIRE a Preservation Easement at 1620 Princess Anne Road (ARP) h. ACCEPT and APPROPRIATE $999,000 from the Virginia Department of Transportation (VDOT) Primary Extension Program to Public Works re road paving i. TRANSFER $282,000 and AUTHORIZE a Grant to the Lynnhaven River NOW for an Education and Community Outreach program K. PLANNING 1. ESTATE OF JAMES M. BOYCE BY SHARON SIMON (EXECUTRIX), for a Variance to Section 4.4 (b) of the Subdivision Regulations re single family dwellings at 4472 Lee Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. ANN RIGGS HENLEY / RICHARD RIGGS for a Variance to Section 4.4 (b) of the Subdivision Regulations re two lots at 3120 Colchester Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. OCEAN BREEZE HOLDING, LLC for a Modification of Condition No. 8 re outdoor recreation for musical events at 849 General Booth Boulevard DISTRICT 6—Beach RECOMMENDATION: APPROVAL 4. FRANKLIN JOHNSTON GROUP MANAGEMENT / DEVELOPMENT, LLC. / ABP VA, LLC for Conditional Change of Zoning from I-1 Light Industrial to Conditional A-36 Apartment District at 200 Price Street re the Pembroke SGA Plan DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. OCEAN BAY HOMES, INC./3744 SHORE ASSOCIATES,LLC for: a. Conditional Change of Zoning from B-2 Community Business to Conditional B-4 mixed use re the Shore Drive Overlay to consolidate parcels for residential use b. Conditional Use Permit re multiple-family dwelling at 3736/3744 Shore Drive c. Comprehensive Plan: Suburban Focus Area 1, Shore Drive Corridor, proposal for eight units DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. DONNA HOUSE / NORTHAMPTON EXECUTIVE CENTER, LLC for Conditional Use Permits re tattoo parlor at 1300 Diamond Springs Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH An Ordinance to AMEND Sections 1001 of the City Zoning Ordinance (CZO)pertaining to Fiber-Optic Transmission RECOMMENDATION: APPROVAL L. APPOINTMENTS BUILDING CODE OF APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM—CSA COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION—VBCDC M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** CITY COUNCIL WINTER RETREAT Economic Development Conference Room 4525 Main Street, Suite 700, Town Center February 13-14, 2017 8:30 AM to 4:30 PM 11/15/16 tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �1.11A•BE,q�, MAYOR WILLIAM D.SESSOMS,JR.,At-Large � VICE MAYOR LOUIS R.JONES,Bayside-District 4 O� •-.AI ` _ ,p M.BENJAMIN DAVENPORT,At Large >:, C „ ROBERT M.DYER,Centerville-District 1 BARBARA M.HENLEY,Princess Anne- District 7 4 SHANNON DS KANE,Rose Hall- District 3 f JOHN D.MOSS,At Large 4�4 _ AMELIA ROSS-HAMMOND,Kempsville-District 1 's of o„s' JOHN E.UHRIN,Beach District 6 00. «� ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-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.REM/AS 15 November 2016 E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL/ SCHOOL BOARD WORKSHOP - Building 19- 3:00 PM A. FIVE-YEAR FINANCIAL FORECAST David Bradley, Director of Management Services Farrell Hanzaker, Chief Financial Officer for Schools II. CITY COUNCIL BRIEFING - Conference Room- 3:45 PM A. JOINT EXPEDITIONARY BASE LITTLE CREEK-FORT STORY UPDATE Captain Daniel Senesky, Commanding Officer III. CITY MANAGER'S BRIEFING A. NATIONAL MARINE SANCTUARY NOMINATION Lynn Clements, Director—Museums and Historic Homes Mark Swingle, Virginia Aquarium Director of Research and Conservation IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:15 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: Pastor Stacy Potts Cornerstone Bible 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 1. INFORMAL and FORMAL SESSIONS November 1, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION—World Pancreatic Cancer Day Jennifer Murphy, Volunteer tIT% 5 .4)0, VVR NM1T�� k 1..rat ' martnn `otEREAS: In 2016,an estimated 53,070 people in the Vnited States wilt be diagnosed with pancreatic cancer,one of the deadliest cancers,and 41,780 will die from the disease; and W3PEMIS Pancreatic cancer surpassed breast cancer this year to become the third leading cause of cancer death in the VnitedStates,and-it is projected to become the second leading cause by 2020;and WXES 'Pancreatic cancer is the only major cancer with a five-year relative survival-rate in the single digits at just eight percent;and WOECUAS When symptoms of pancreatic cancer present themselves, it is generally in later stages, and 71 percent of pancreatic cancer patients die within the first year of their diagnosis;and WXE4S Approximately 1, 050 deaths will occur in Virginia in 2016;and WKE4 ,7S Pancreatic cancer is the seventh most common cause of cancer-related death in men anti women across the world, and `4'FI?E 7S There wilt 6e an estimated 418,451 new pancreatic cancer cases diagnosed worldwide in 2020;and ` RIEc✓7S The good health and well-being of the residents of Virginia each are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes and effective treatments. Now,27terefore, I, William'U.Sessoms,Jr, Mayor of the City of Virginia Peach, Virginia, do hereby Proclaim: Wovem6er 17, 2016 Wor&IPancreatic Cancer Day And urge the residents of our community, and communities across the country, to become familiar with . the symptoms of pancreatic cancer and to support early detection and research efforts. In Witness Whereof, I have hereunto set my hand and caused the OfficialSeal of the City of Virginia (Beach, Virginia, to be affixed this fifteenth day of November, Two ThousantSixteen. f #'2- a# • t ' :::::ifW44(4714; tAl/eljhtf#1 .— r William D.Sessoms,Jr. - �� Mayor I. PUBLIC COMMENT 1. On-Line Home Sharing Economy Ad Hoc Committee Recommendations (AIRBNB) J. ORDINANCES/RESOLUTIONS 1. Resolution to DECLARE City Property surrounding the proposed location of Price Street Apartments as a Revitalization Area to qualify for Virginia Housing Development Authority (VHDA) financing. 2. Resolution AUTHORIZING the City to CONTINUE its participation in the Criminal Justice Services' Certified Crime Prevention Community program. 3. Resolution AFFIRMING the City Council's support of the Virginia Aquarium and Marine Science Center Foundation, Inc.'s nomination of the Norfolk Canyon as a National Marine Sanctuary. 4. Resolution REQUESTING the General Assembly UTILIZE the City's recommendations in any Legislation considered during the 2017 Session of the General Assembly dealing with the On-Line Home Sharing Economy(AIRBNB). 5. Ordinances to: a. TRANSFER$65,000 from the General Fund Reserve For Contingencies to the City Manager to PROCURE services and study the impact of short-term lodging on the local economy b. APPROPRIATE $1,501,607 and TRANSFER$2,525,000 to support the Hurricane Matthew Recovery c. APPROPRIATE $16,754,643 to the School Reversion Fund: (1) $10,000,000 to the School Reserve Special Revenue fund to address the anticipated operating Budget shortfall in FY 2018 (2) $6,754,643 to the Schools Operating Budget in the amounts of: (a) $2,700,000 to provide the funding gap for FY17 employee compensation (b) $2,116,415 to purchase buses and other vehicles (c) $809,625 for a match for wireless network upgrade (d) $154,670 for replacement vehicles (e) $500,000 for the Technology Initiative; "Access for all Students" (1) $473,933 for electronic door access at schools d. APPROPRIATE $175,000 to provide an interest-free loan to the Ocean Park Volunteer Rescue Squad Inc. for the purchase of ambulances and related gear e. ACCEPT and APPROPRIATE a$12,852 Grant for Four-for-Life Emergency Medical Services training f. ACCEPT and APPROPRIATE a$289,817 Grant for the Commonwealth Attorney's Victim Witness Program and TRANSFER $151,918 to AUTHORIZE Grant-funded positions g. ACCEPT and APPROPRIATE $505,845 from the Virginia Department of Agriculture and Consumer Services to reimburse the City for a portion of the cost to ACQUIRE a Preservation Easement at 1620 Princess Anne Road (ARP) h. ACCEPT and APPROPRIATE $999,000 from the Virginia Department of Transportation (VDOT) Primary Extension Program to Public Works re road paving i. TRANSFER $282,000 and AUTHORIZE a Grant to the Lynnhaven River NOW for an Education and Community Outreach program mak', e•, .„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Declaring Approximately 91 Acres Surrounding the Proposed Location of Price Street Apartments to be a Revitalization Area in Order for the Developer to Qualify for Virginia Housing Development Authority Financing MEETING DATE: November 15, 2016 • Background: The Virginia Housing Development Authority (VHDA) provides lower-cost financing for housing developments that provide mixed-income housing that serves varying populations within the same development. Prior to VHDA approving funding for a qualifying development, the municipality must designate the area of the development as "revitalization area". As a part of that designation, the municipality must make a finding that economic development in the designated area would benefit the municipality but the area lacks adequate housing stock. The municipality must also find that the proposed development would not provide necessary and adequate housing without assistance. The Franklin-Johnston Group ("Franklin-Johnston") has proposed to develop the Price Street Apartments, consisting of 264 apartments, located in the Pembroke Strategic Growth Area (the "Project"). Staff proposes designating approximately 91 acres surrounding the Project as a revitalization area (the "Revitalization Area"), as shown on Exhibit A attached to the Resolution. The Project should serve as a catalyst to additional economic development in the entire Revitalization Area. The Project has been reviewed by the SGA office and the Planning Department. In addition, if the Project goes forward, the Department of Housing and Neighborhood Preservation ("DHNP") may provide federal funds toward development costs in order to expand the affordability of some apartments. • Considerations: Council's designation of a "revitalization area" is a statutory prerequisite to the Project receiving funding from VHDA. The Project has been found to be consistent with the plan for the Pembroke SGA and determined by DHNP to fill a gap in the City's existing housing inventory. • Public Information: This item will be advertised as part of the regular Council agenda process. • Recommendations: Adopt the attached Resolution ■ Attachments: Resolution, Exhibit A (Map), Disclosure Statement Form Recommended Action: Approval 0Submitting Department/Agency: Dept. of Housing and Neighborhood Preservation City Manager: T/1► 1 A RESOLUTION DECLARING APPROXIMATELY 2 91 ACRES SURROUNDING THE PROPOSED 3 LOCATION OF PRICE STREET APARTMENTS 4 TO BE A REVITALIZATION AREA IN ORDER 5 FOR THE DEVELOPER TO QUALIFY FOR VHDA 6 FINANCING 7 8 WHEREAS, pursuant to §36-55.30:2(A) of the Code of Virginia, the City Council 9 of the City of Virginia Beach, Virginia, desires to designate an area located within the 10 Pembroke Strategic Growth Area, consisting of approximately 91 acres, as shown on 11 Exhibit A attached hereto (the "Area"), as a revitalization area; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. The Council makes the following determinations: 17 18 a. The industrial, commercial or other economic development of the Area will 19 benefit the City but the Area lacks the housing needed to induce 20 manufacturing, industrial, commercial, governmental, educational, 21 entertainment, community development, healthcare or nonprofit 22 enterprises or undertakings to locate or remain in the Area; and 23 24 b. Private enterprises and investment are not reasonably expected, without 25 assistance, to produce the construction or rehabilitation of decent, safe 26 and sanitary housing and supporting facilities that will meet the needs to 27 low and moderate income persons and families in the Area and will induce 28 other persons and families to live within the Area and thereby create a 29 desirable economic mix of residents in the Area. 30 31 2. Pursuant to §36-55.30:2(A) of the Code of Virginia, the Area is hereby 32 designated as a revitalization area. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 35 2016. APPROVED AS TO CONTENT: APPROVED AS LEGA_JsL SUFFICIENCY. Dept. of Housing and Neighborhood City Attorney Preservation CA 1383 plications\CityLawProd\cycom32\W pdocs\D004\P022\00324285.docx R-1 November 2, 2016 // '----- m ,„„,,-, ----„,___•--. , ///1 , I f 7 / I > , ' . i / I— " • * - R ..e 1 ' , .„ ,,,,,ae 1,„.L -1-. ' 1.' ', ,, ' / i ., / - 1 i i ,:,. ,, i , 0 -; i --..., III' ----'.1 : ' 4------ i \ -, --h r-+ 11111 / CD " , . ' •4 43 14 > n(3—'34141 \ \ i 'Al , „, ,,, iii /4, \ ,,. \ / . \ - _ _ HI ,,. . 4 0 . ,„... ., mu 1)- ._ ,.., / ; a i ' .i ,_ 0 , i III 1 * 1111 g. . ' (I) _ ____. , , Sa) •., .T.--- -A vi "L., i . .-- ...-- \ - :------ III 70 \ / / / ‘-‘ •=t: > \ cu 3 L.,-, — \ — r 7.4-4- N a) i j Li 1 ro D / ) 0 ,--P / VI 0 / i I _ _ -\/ '"---- ... Z . ....__ , 9F CD 7 CCI C 0 7 I L. , ,.r 0 r- m, , c <" / .- 7 > / A I ,' T ...., 73 0 /0 11 Ne' , •i \ I .. 1:PA L I , I i 1 0 LLor- n) ca — > 1/40 x o ) . )1(1 --1 . , r - > g 713 ..794 :,.r.--1 -1:. m 713. a) ,.- LV --; > I/ _i_i_.4 , _ CD FD a, 1, ( ! At• I ( t t try of Virginia Beach Iran KI n �ohQe4ix1 Frroup APPLICANT'S NAME M a nagemenf + 17evel o p mea, 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 e e 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 disclosures to),) prrru to any Page 1 of 7 Planron9 CLI, rr,isrun and Ciry Counul ineetirict that pertains to the ahplicattot ns�. ▪ APPLICANT NOTIFIED OF HEARING PA t • NO CHANGES AS OF DATE_ • REVISIONS SUBMITTED DA I E \Bow Virginia Beach 111 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Please see attached. If an LLC, list all member's names: Please see attached. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see attached. 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:ABP VA (Virginia Beach), LLC If an LLC, list the member's names:Blue Linx Holdings, Inc. (publicly traded company) Page 2 of 7 ti\d13,4 Virginia Beach Please see attached. 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) Please see attached. 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) CI © Accounting and/or preparer of your tax return © [ Architect/Landscape Architect/ Cox, Kliewer&Company, P.C. 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) ❑X Construction Contractors ® Engineers /Surveyors/Agents Hassell&Folkes, P.C. Financing (include current ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Troutman Sanders LLP Real Estate Brokers / CBRE Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 v 41 cap. 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 Applicati n. i L./2 ,,,, .k,,/,:_A- _ IV I eq,ix tilanKlita .27)ti-it ' APPLICA S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER CN/3/111 rg►nia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 111 Accounting and/or preparer of your tax return ElX❑ 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 Wells Fargo ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Nelson Mullins Real Estate Brokers / Transwestem/Colliers 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 (1\33,44 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 Applica 'on. 54/frAN Yhtice46 RO OWNER SIGNATURE PRINT NAME DATE Page 7 of 7 Conditional Re-Zoning Application of Franklin Johnston Group Management& Development, LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers, directors,members,trustees, partners, etc., below: 1. Applicant's Name: Franklin Johnston Group Management & Development, LLC 2. Manager of Franklin Johnston Group Management & Development, LLC: a. Wendell C. Franklin b. W. Taylor Franklin c. Thomas M. Johnston 3. Members of Franklin Johnston Group Management& Development, LLC: a. Beach One, LLC b. Stephen W. Cooper c. M. David Jester d. Johnston Family Group, LLC c. Cherie James f. Chris McKee (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. F & J Developers, LLC b. Shorehaven Developers, LLC c. Pickett Farms Developers, LLC d. GreenPlain Properties, LLC e. Aquia Apts., LLC f. Aquia GP, LLC g. Aquia Developers, LLC h. Kellingwood Apartments, LLC i. Franklin Johnston Associates, LLC j. Southern Pine One, LLC k. Quill Developers, LLC 1. South Riding Apts LP m. South Riding GP, LLC n. Arbor Lakes LP o. Arbor Lakes GP, LLC p. Belleharbour Apts. LP q. BelleHarbour GP, LLC r. Fountain Park Apts LP s. Fountain Park GP, LLC t. Summerland Heights III LP u. Summerland Heights III GP, LLC v. South Riding II LP w. South Riding II GP, LLC x. SLN 5100 LP y. SLN 5100 GP, LLC/Heritage Forrest II GP, LLC z. I Square Apartments LP aa. I Square Apts., LP bb. Edward Street LLC cc. Twin Branch LP dd. Twin Branch GP, LLC ee. Dunlop Farms LLC ff. Belleville Seniors Apts LP gg. Belleville Seniors GP, LLC hh. Pickett Farms Apts LP ii. Pickett Farms GP, LLC./Quill GP, LLC jj. River House Apts LLC kk. River House Apts., LLC 11. Sea Pines LP mm. Sea Pines GP, LLC nn. Shorehaven Apts LP oo. Shorehaven GP, LLC pp. Somerset Apts LP qq. Somerset GP, LLC rr. Heritage Hampton LP ss. Chippenham Apts LP tt. Chippenham GP, LLC uu. Southwind Apts LP vv. Southwind GP, LLC ww. Spring Water, LLC xx. Summerland Heights LP yy. Summerland Heights GP, LLC zz. Tanglewood Lake Apts LLC aaa. Whispering Oaks Apts LP bbb. Whispering Oaks GP, LLC ccc. Woodberry Forest Apts LLC CONDITIONAL RE-ZONING APPLICATION OF FRANKLIN JOHNSTON GROUP MANAGEMENT& DEVELOPMENT,LLC LIST OF PROPERTY OWNER AFFILIATES AND SUBSIDIARIES Jurisdiction of Name of Real Estate Holding Company Organization 1. ABP AL (MIDFIELD)LLC Delaware 2. ABP AR(LITTLE ROCK)LLC Delaware 3. ABP CA(CITY OF INDUSTRY)LLC Delaware 4. ABP CA(NATIONAL CITY)LLC Delaware 5. ABP CO H (DENVER)LLC Delaware 6. ABP FL (LAKE CITY)LLC Delaware 7. ABP FL (MIAMI)LLC Delaware 8. ABP FL(PENSACOLA) LLC Delaware 9. ABP FL (TAMPA)LLC Delaware 10. ABP FL (YULEE) LLC Delaware 11. ABP GA(LAWRENCEVILLE) LLC Delaware 12. ABP IA(DES MOINES) LLC Delaware 13. ABP IL (UNIVERSITY PARK) LLC Delaware 14. ABP IN(ELKHART) LLC Delaware 15. ABP KY(INDEPENDENCE) LLC Delaware 16. ABP LA(SHREVEPORT) LLC Delaware 17. ABP LA(NEW ORLEANS)LLC Delaware 18. ABP MA(BELLINGHAM)LLC Delaware 19. ABP MD (BALTIMORE) LLC Delaware 20. ABP ME(PORTLAND)LLC Delaware 21. ABP MI(DETROIT) LLC Delaware 22. ABP MI(GRAND RAPIDS)LLC Delaware 23. ABP MN (MAPLE GROVE)LLC Delaware 24. ABP MO(BRIDGETON) LLC Delaware 25. ABP MO (KANSAS CITY)LLC Delaware 26. ABP MO (SPRINGFIELD) LLC Delaware 27. ABP MS (PEARL)LLC Delaware 28. ABP NC(BUTNER) LLC Delaware 29. ABP NC (CHARLOTTE)LLC Delaware 30. ABP NJ(DENVILLE) LLC Delaware 31. ABP NY(YAPHANK)LLC Delaware 32. ABP OH(TALMADGE) LLC Delaware 33. ABP OK(TULSA) LLC Delaware _34. ABP PA(ALLENTOWN)LLC Delaware 35. ABP PA (STANTON) LLC Delaware 36. ABP SC (CHARLESTON)LLC Delaware 37. ABP TN(ERWIN)LLC Delaware 28024489v1 • 38. ABP TN(MEMPHIS)LLC Delaware 39. ABP TN(MADISON)LLC Delaware 40. ABP TX(EL PASO) LLC Delaware 41. ABP TX(FORT WORTH)LLC Delaware 42. ABP TX(HARLINGEN)LLC Delaware 43. ABP TX(HOUSTON)LLC Delaware 44. ABP TX(LUBBOCK)LLC Delaware 45. ABP TX(SAN ANTONIO)LLC Delaware 46. ABP VA(RICHMOND) LLC Delaware 47. ABP VA(VIRGINIA BEACH)LLC Delaware 48. ABP VT(SHELBURNE)LLC Delaware 49. ABP WI (WAUSAU)LLC Delaware 28024489v1 ABP VA (VIRGINIA BEACH) LLC MANAGING MEMBER'S CERTIFICATE The undersigned hereby certifies that it is the Managing Member of ABP VA(VIRGINIA BEACH) LLC, a Delaware limited liability company (the "Company"), and hereby further certifies for and on behalf of the Company as follows: 1. Attached hereto as Exhibit A is a true,correct and complete copy of the resolutions duly adopted by the Managing Manager of the Company approving the execution of that certain Purchase Agreement dated as of April 5,2016 by and between the Company and Franklin Johnston Group Management&Development, LLC,as amended(the"Purchase and Sale Agreement"),and all other documents to be executed by the Company pursuant to the Purchase and Sale Agreement and the transactions contemplated thereby and in connection therewith (collectively, the "Transaction Documents"). Said Resolutions have not been in any way amended, annulled, rescinded or revoked and,as of the date hereof,are in full force and effect; and there exist no other resolutions of the Managing Manager of the Company relating to the matters set forth in said Resolutions. 2. The person below is, as of the date hereof, a duly elected, qualified and acting officer of the Company, holding the office set forth opposite his name, and his genuine signature is set forth opposite his name. / Shyam K. Reddy Senior Vice President - 3. Shyam K. Reddy, the duly elected and acting Senior Vice President of the Company, has been duly authorized to execute and deliver on behalf of the Company, with single signature authority, the Transaction Documents and any other documents necessary for the transactions contemplated thereunder. IN WITNESS WHEREOF, this Certificate is executed this October - , 2016. BLUE X HOLDINGS INC. Shyam . Reddy, Secretary Exhibit A Resolutions ABP VA (VIRGINIA BEACH) LLC LIMITED LIABILITY COMPANY RESOLUTIONS The undersigned, being the Managing Member of ABP VA (Virginia Beach) LLC, a Delaware limited liability company (the "Company"), hereby approves and adopts the following resolutions and consents: RESOLVED,that the Company sell property located at 200 Price Street in Virginia Beach, Virginia pursuant to that certain Purchase Agreement dated as of April 5, 2016, as amended (the "Agreement"). RESOLVED, that the Company is hereby authorized and directed, by and through its officer, Shyam K. Reddy, the duly elected and acting Senior Vice President of the Company(the "Officer"), to consummate the transactions contemplated by the Agreement. RESOLVED, that the Company hereby confirms the authority of the Officer to do the following: (i) take any action required under the Agreement to consummate the transactions contemplated thereby; and (ii) execute and deliver on behalf of the Company any and all documents or instruments necessary or required in connection with the Agreement and the transactions contemplated thereby. FURTHER, that any and all action heretofore or hereafter taken by the Company or by the Officer within the terms of the foregoing resolutions be, and they hereby are, ratified and confirmed as the act and deed of the Company. This resolution is effective as of October 7-, 2016. BLUELINX HOLDINGS INC., as Managing - ber of ABP VA (Virginia Beach) LLC By: r Name: S rim K. Reddy Title: Secretary BOG , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City of Virginia Beach to Continue Its Participation in the Department of Criminal Justice Services' Certified Crime Prevention Community Program MEETING DATE: November 15, 2016 • Background: On November 26, 2013, City Council approved a resolution authorizing the City's re-certification for participation in the Virginia Department of Criminal Justice Services' ("DCJS") Certified Crime Prevention Community Program ("Program"). The Program encourages localities to develop and implement collaborative community safety plans. It also provides communities with an ongoing process to reassess and update their plans to address emerging community safety issues. The City initially obtained certification following adoption of a resolution in 2000. DCJS requires the City Council to pass a resolution authorizing the City to re-certify for continued participation in the Program. • Considerations: Re-certification will reinforce the City's commitment to providing a safe community and will demonstrate that the City continues to meet rigorous standards related to community safety. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Recommended Action: Approval Submitting De•artm-nt/Agency: Police Department 5 -5 atal 1✓,( T- ,(1--- City r te" Cit Manager. �41p °k" e rA 7)0) 0-'1 i �c c<✓fcl/�I 1 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO CONTINUE ITS PARTICIPATION IN THE 3 DEPARTMENT OF CRIMINAL JUSTICE SERVICES' 4 CERTIFIED CRIME PREVENTION COMMUNITY 5 PROGRAM 6 WHEREAS, the Virginia Beach City Council supports maintaining the safety and 7 security of its citizens and the community at large to promote crime prevention; 8 9 WHEREAS, the City Council is prepared to continue its support toward 10 appropriate efforts within the community to continue promoting crime prevention and 11 community safety; 12 13 WHEREAS, the Department of Criminal Justice Services ("DCJS") offers 14 communities a "Certified Crime Prevention Community Program" ("Program"), which is 15 specifically designed to recognize Virginia communities committed to crime prevention 16 and community safety while providing a framework for those communities to institute 17 crime prevention at the local level which must be recertified every three years; 18 19 WHEREAS, before a locality can submit an application for participation in the 20 Program, the local governing body must adopt a resolution authorizing such 21 participation; and 22 23 WHEREAS, participation in the Program also requires a participating locality to 24 designate a local community crime prevention, or community safety, council or coalition. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That City Council hereby authorizes the City of Virginia Beach ("City") to 30 participate in the Department of Criminal Justice Services' Certified Crime Prevention 31 Community Program, and authorizes the Police Department to take actions necessary 32 to meet the DCJS requirements for the City to be recertified as a Certified Crime 33 Prevention Community; and 34 35 2. That City Council hereby designates the Virginia Beach Crime Prevention 36 Steering Committee as the City's representative for the purpose of participating in the 37 Program. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C "" 144- t't _6 I fiA0.4 Police Department City j.rney's Office 7 CA13677 R-1 November 15, 2016 U^� iu "°'. sS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Affirming the City Council's Support of the Virginia Aquarium & Marine Science Center Foundation, Inc.'s Nomination of the Norfolk Canyon as a National Marine Sanctuary MEETING DATE: November 15, 2016 • Background: The National Oceanic and Atmospheric Administration ("NOAA") has invited communities across the nation to nominate their most treasured places in marine waters for consideration as a National Marine Sanctuary. National Marine Sanctuaries are protected waters that include habitats such as rocky reefs, deep-sea canyons and underwater archaeological sites. Similar to national parks on land, National Marine Sanctuaries provide a safe habitat for species close to extinction or protect historically significant shipwrecks. The Virginia Aquarium & Marine Science Center Foundation, Inc. ("Foundation") is a private non-stock corporation with a tax exempt status under section 501(c)(3) of the Internal Revenue Code. The Foundation has functioned for many years for the purpose of supporting the Virginia Aquarium & Marine Science Center ("Aquarium") and its programs, acquiring real estate necessary for the purposes of the Aquarium, assisting in the acquisition and construction of exhibits, providing financial support for the Aquarium, and increasing public knowledge of Virginia's unique marine environment. The Foundation has requested that the City support the Foundation's nomination of the Norfolk Canyon as a National Marine Sanctuary. The Norfolk Canyon is located approximately 69 nautical miles off the mouth of the Chesapeake Bay and the ocean coast of Virginia Beach and is the southernmost of the submarine canyons located between Cape Hatteras to Maine. The Norfolk Canyon contains deep sea corals and other marine life, as well as a mixture of major ocean currents that join with nutrient-rich deep waters to feed plankton, squid and fish that, in turn, feed larger marine animals such as billfish, marine mammals, sea turtles and pelagic birds. It has a rocky bottom which includes ancient deep-sea corals and bottom-dwelling communities, as well as a cold seep habitat where methane gas fuels specialized marine life that provides food and shelter in the absence of sunlight. The Norfolk Canyon marine sanctuary would also contain remains of World War I German naval vessels. • Considerations: This resolution will be placed in an application packet assembled by the Foundation with many other letters of support from the community. If NOAA determines that the Norfolk Canyon meets the basic requirements for a National Marine Sanctuary, NOAA will work with the community and examine the nomination closer to make a final determination as to whether the nomination is accepted. The designation of the Norfolk Canyon as a National Marine Sanctuary by NOAA will further the conservation, protection and enhancement of the Norfolk Canyon's biodiversity, ecological integrity and cultural legacy. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Recommended Action: Approval lt Submitting Dep• -on • :- - y: Department of Aquarium and Museums Q City Manager: 1 A RESOLUTION AFFIRMING THE CITY COUNCIL'S 2 SUPPORT OF THE VIRGINIA AQUARIUM & MARINE 3 SCIENCE CENTER FOUNDATION, INC.'S NOMINATION 4 OF THE NORFOLK CANYON AS A NATIONAL MARINE 5 SANCTUARY 6 7 WHEREAS, the National Oceanic and Atmospheric Administration ("NOAA") has 8 invited communities across the nation to nominate their most treasured places in marine 9 waters for consideration as a National Marine Sanctuary; and 10 11 WHEREAS, National Marine Sanctuaries are protected waters that include 12 habitats such as rocky reefs, deep-sea canyons and underwater archaeological sites; 13 and 14 15 WHEREAS, similar to national parks on land, National Marine Sanctuaries 16 provide a safe habitat for species close to extinction or protect historically significant 17 shipwrecks; and 18 19 WHEREAS, the Virginia Aquarium & Marine Science Center Foundation, Inc. 20 ("Foundation") is a private non-stock corporation with a tax exempt status under section 21 501(c)(3) of the Internal Revenue Code; and 22 23 WHEREAS, the Foundation has functioned for many years for the purpose of 24 supporting the Virginia Aquarium & Marine Science Center ("Aquarium") and its 25 programs, acquiring real estate necessary for the purposes of the Aquarium, assisting in 26 the acquisition and construction of exhibits, providing financial support for the Aquarium, 27 and increasing public knowledge of Virginia's unique marine environment; and 28 29 WHEREAS, the Foundation has requested that the City support the Foundation's 30 nomination of the Norfolk Canyon as a National Marine Sanctuary; and 31 32 WHEREAS, the Norfolk Canyon is located approximately 69 nautical miles off the 33 mouth of the Chesapeake Bay and the ocean coast of Virginia Beach and is the 34 southernmost of the submarine canyons located between Cape Hatteras to Maine; and 35 36 WHEREAS, the Norfolk Canyon contains deep sea corals and other marine life, 37 as well as a mixture of major ocean currents that join with nutrient-rich deep waters to 38 feed plankton, squid and fish that, in turn, feed larger marine animals such as billfish, 39 marine mammals, sea turtles and pelagic birds; and 40 41 WHEREAS, the Norfolk Canyon has a rocky bottom which includes ancient 42 deep-sea corals and bottom-dwelling communities, as well as a cold seep habitat where 43 methane gas fuels specialized marine life that provides food and shelter in the absence 44 of sunlight; and 45 46 WHEREAS, the Norfolk Canyon marine sanctuary would also contain remains of 47 World War I German naval vessels; and 48 49 WHEREAS, the designation of the Norfolk Canyon as a National Marine 50 Sanctuary by NOAA will further the conservation, protection and enhancement of the 51 Norfolk Canyon's biodiversity, ecological integrity and cultural legacy. 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA, THAT: 55 56 The City of Virginia Beach supports the Virginia Aquarium & Marine Science 57 Center Foundation's nomination of the Norfolk Canyon as a National Marine Sanctuary. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • Lynn lements Aimee K. Sullivan Department of Aquarium & Museums City Attorney's Office CA13643 R-3 November 2, 2016 R CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the General Assembly to Utilize the City's Recommendation in Any Legislation Considered during the 2017 Session of the General Assembly Dealing with the On-Line Home Sharing Economy MEETING DATE: November 15, 2016 • Background: The On-Line Home Sharing Economy which is made up of Airbnb, HomeAway, and multiple other on-line platforms allows reservations to be made in homes for short term rentals. The growth in this On-line Home Sharing "economy" has grown exponentially in the last five years. As part of its 2016 Legislative Agenda, the Council included a request for the General Assembly to adopt legislation addressing health, safety, welfare, and tax equity issues related to the Home Sharing Economy. The 2016 legislation adopted by the General Assembly was put in study and requires re-enactment in the 2017 Session. To address the various concerns of the community regarding the Home Sharing Economy, the City Council established the On-Line Home Sharing Economy Ad Hoc Committee (the "Ad Hoc Committee"), which has met over the last several months and has taken public comment. The Ad Hoc committee made recommendations to the City Council at its presentation in the Council's informal session on November 1, 2016. • Considerations: The attached resolution adopts the recommendations of the Ad Hoc Committee. Part of the recommendations are directed at legislation that would help address the health, safety, welfare, and tax equity issues related to the Home Sharing Economy, and the resolution requests the Virginia Beach General Assembly Delegation take up these recommendations in the 2017 Session. • Public Information: Public information will be provided through the normal Council agenda process. The November 1, 2016, presentation was provided to the Council and rebroadcast by VBTV. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Ad Hoc Committee Recommendations; Exhibit A: "Summary of Committee Findings to Date: Recommendations relating to legislation in the General Assembly" Recommended Action: Approval Submitting De• - , mentIAgency: City Manager's Offic City Manager: kill 1Z`CIlikt4 .'4C' r) wry" ,x,,, pS,'g'. 0P 004 NA-01° gON X0iu OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 FAX(757)427-5628 BUILDING1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9001 October 28, 2016 The Honorable William D. Sessoms, Jr.,Mayor Members of City Council Subject: On-line Home Sharing Economy Ad Hoc Committee Recommendations Dear Mayor and Council Members: As chairman of your On-line Home Sharing Economy Ad Hoc Committee, I am pleased to provide you with the committee's report. We convened a total of five times including three occasions for public comment. The City staff also provided us with excellent support in the form of a Virtual Town Hall,which received almost 300 responses. Our group was intensely focused on producing a quality product for Council's use. We had almost 100% attendance at all of our meetings, which standing alone in my view speaks volumes about the commitment of the members. Attached you will find recommendations we suggest you adopt as part of your Legislative Agenda Package for presentation to the 2017 Session of the General Assembly, and local ordinance changes. I suggest that these be offered to the Housing Study Commission of the Virginia General Assembly when it convenes in December. The workgroup of the Housing Study Commission will be meeting in early November prior to the Council reviewing our work; nonetheless little or no harm will be caused by this delay in that the real audience for your final recommendations is the General Assembly. As mentioned, the recommendations are split into two Sections: Local Ordinance Changes and Statewide Enabling/Regulation. Quite a bit of thought went into these proposals which we believe present a balanced and fair approach to the phenomenon of On-line Rentals. The committee's primary goals were the preservation of health, welfare, and safety of visitors to and residents of Virginia Beach, the collection of appropriate taxes (primarily to the City from residents who engage in the business of renting their homes) and lastly (although most importantly) the peaceful possession and quiet enjoyment of rented and neighboring homes. The Honorable William D. Sessoms,Jr.,Mayor Members of City Council October 28, 2016 Page 2 As one committee member astutely observed early in the process "the paste is out of the tube on the issue of On-line Rentals". There is no opportunity to prohibit On-line Rentals, nor do we think that such is an appropriate avenue for the City to pursue. We heard numerous times that persons renting their homes or leasing a room in their homes (which is a violation of current City ordinances) use that revenue as a way to financially stay afloat in the turbulent economic times we have experienced in the past and no doubt will face in the future. Thus, we do not believe that outlawing On-line Rentals is a proper remedy. Nonetheless, we strongly believe that renting a room or your entire home is a business which should be regulated as are hotels, motels and bed and breakfast establishments. "Leveling the playing field" between existing brick and mortar businesses and this new virtual on-line rental phenomenon was a phrase repeatedly heard throughout our discussions. This concept underscores our concern about health, welfare, and safety. We also do not know if homeowners leasing their properties have adequate insurance to protect themselves and those who rent from them, or if even basic health, welfare, and safety precautions such as smoke detectors, etc. are in place. These specific concerns form the bedrock of our recommendations. I look forward to presenting these proposals to you on November 1, and am confident that a number of Ad Hoc Committee members will also be present. Further, I understand that Council will consider making a formal recommendation to the General Assembly based on our recommendations at your November 15th meeting, which I will also attend. Finally, I'd like to thank the City Staff for its excellent work in supporting our effort. The City Attorney, the Commissioner of Revenue, the Planning Department (particularly Kevin Kemp, Interim Zoning Administrator) and Bob Matthias and his staff particularly Candace Jenkins, have provided invaluable assistance. We could not have asked for more comprehensive, professional support than we received from the outstanding City Employees with whom we worked. On behalf<:f the Committee, I want to thank you for allowing us to serve the City of Virginia Beach. We believe that we have provided a quality product for the City's consideration. Please feel free to contact me if I need to provide any further information. Respectfully, Robert Matthias on behalf of Chairman Jack Drescher Attachment cc: David L. Hansen, City Manager Robert Matthias,Assistant to the City Manager On-line Home Sharing Economy Ad Hoc Committee Phil Kellam, Commissioner of Revenue Mark Stiles, City Attorney Beverly K. Wilson, Deputy City Attorney Barry Frankenfield,Planning KevinKemp, Planning Summary of Committee Findings to Date Recommendations relating to legislation in the General Assembly: A. Committee believes that online rentals in residential communities already exist, are widespread, and cannot be effectively eliminated (the toothpaste is out of the tube); however, the regulation of this activity should be subject to local ordinances rather than statewide control. B. Committee believes that all local taxes should be remitted directly to the locality rather than the state and that the local tax official should have the ability to audit. C. Committee believes that a requirement for appropriate insurance coverage is critical. Many homeowners may not realize that they do not have coverage for rental of their homes under their homeowners' policies. D. Committee believes that the General Assembly should grant authority to localities to promulgate health and safety requirements to address parity with other transient occupancy providers and to ensure that rental dwellings are reasonably safe. Recommendations relating to City Ordinances: 1. Committee believes that the City Zoning Ordinance should be amended to bring conformity between land use and taxation regimens. This would begin with defining short term and daily rentals. A draft of proposed revisions approved by the Committee are as follows: a. Daily Rental means any rental for a period of less than 7 days. There may be no more than one (1) rental contract per seven day period on any residentially zoned dwelling within the City. b. Short Term Rental means any rental for a period between seven (7) days and 29 days. There may be no more than one (1) rental contract per seven day period on any residentially zoned dwelling within the City. 2. Daily& Short Term Rentals: Understanding that Daily and Short Term Rentals are an essential part of our commerce in Virginia Beach, but also appreciating the importance of preserving the character of our residential neighborhoods, Council should carefully revisit our current residential zoning classifications to determine where daily and short term rentals may be permitted. 3. Rental Registration and Permits: All residential properties offered for daily or short term rentals must register with the Commissioner of Revenue (COR) and obtain a rental permit from the appropriate City Department. 4. Committee considered but rejected any use of a conditional use permit process to limit short term and daily rentals in residential districts. 5. Committee considered but rejected drawing a distinction between rentals of owner occupied properties and non-owner occupied properties. 6. Committee recommends that all daily and short terms rentals in residential districts, shall be registered through the Commissioner of Revenue and shall be required to obtain a permit to be issued by an appropriate City department subject to specified conditions, the violation of which could result in the suspension or termination of the permit. 7. A key aspect of the permit would be a requirement that the owner or a designated agent be identified and available to respond in person to the property in a reasonable period of time at all times during the rental period. 8. Committee believes that an effective registration/permit requirement is the key to ensuring that all taxes are paid and that daily/short-term rental hosts are on a level playing field with other providers of transient lodging. 9. Committee believes that the City must more effectively enforce existing laws and that by doing so any adverse impacts associated with daily and short term rentals may be significantly lessened. This may require the dedication of additional city resources, which may in turn be derived from the permit fee and from the taxes generated by the rentals. 10. Committee believes that the City should consider health and safety requirements to address parity with other transient occupancy providers and to ensure that rental dwellings are reasonably safe. 11. Committee recommends that Council allocate necessary funding to procure through appropriate process the services of a provider which would identify on-line hosts and afford such additional related and necessary services as determined by the Commissioner of Revenue. 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO UTILIZE THE CITY'S 3 RECOMMENDATION IN ANY LEGISLATION 4 CONSIDERED DURING THE 2017 SESSION OF 5 THE GENERAL ASSEMBLY DEALING WITH THE 6 ON-LINE HOME SHARING ECONOMY 7 8 WHEREAS, the On-line Home Sharing Economy which is made up of Airbnb, 9 HomeAway, and multiple other on-line platforms allows reservations to be made in 10 homes for short term rentals; 11 12 WHEREAS, the growth in this On-line Home Sharing "economy" has grown 13 exponentially in the last five years; 14 15 WHEREAS, this economy is virtually unregulated in the City of Virginia Beach, 16 and generally across the Commonwealth; 17 18 WHEREAS, the City of Virginia Beach is committed to expanding business 19 opportunities for our residents, however, there have been many unanticipated negative 20 consequences of the Home Sharing Economy; 21 22 WHEREAS, in Virginia Beach in late April an individual was killed at a party held 23 at a Home Sharing Economy residence; 24 25 WHEREAS, the Health, Welfare, Safety, and Quiet Enjoyment of the City's 26 residents and visitors is one of the primary duties of the City of Virginia Beach; 27 28 WHEREAS, unregulated business activities of renting homes in residential 29 neighborhoods can be very disruptive to the residents and homeowners of such 30 neighborhoods; 31 32 WHEREAS, the existing hotels and bed and breakfasts in the City are required 33 to pay state and local taxes, and pass elementary safety inspections; 34 35 WHEREAS, many of the homes rented through the On-line Sharing Platforms 36 are not paying legally required taxes; 37 38 WHEREAS, to address this issue, the City Council established an On-Line 39 Home Sharing Economy Ad Hoc Committee, which has met over the last several 40 months; and 41 42 WHEREAS, this Committee has made recommendations to the City Council 43 through its presentation at a meeting on November 1, 2016. 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA, THAT: 47 48 1. The Council accepts the recommendations of the On-line Home Sharing Economy 49 Ad Hoc Committee. 50 51 2. The General Assembly Delegation of Virginia Beach is requested to utilize the 52 recommendations of the On-line Home Sharing Economy Ad Hoc Committee, 53 attached hereto as Exhibit A, with respect to state any legislation to address the 54 issue during the 2017 Session of the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / / �• 4 I I City Manager's 0 ice Ott). 's Office CA13679 R-3 November 8, 2016 EXHIBIT A Summary of Committee Findings to Date Recommendations relating to legislation in the General Assembly: A. Committee believes that online rentals in residential communities already exist, are widespread, and cannot be effectively eliminated (the toothpaste is out of the tube); however, the regulation of this activity should be subject to local ordinances rather than statewide control. B. Committee believes that all local taxes should be remitted directly to the locality rather than the state and that the local tax official should have the ability to audit. C. Committee believes that a requirement for appropriate insurance coverage is critical. Many homeowners may not realize that they do not have coverage for rental of their homes under their homeowners' policies. D. Committee believes that the General Assembly should grant authority to localities to promulgate health and safety requirements to address parity with other transient occupancy providers and to ensure that rental dwellings are reasonably safe. r GNIA.BE1Cl q c7J tC # ( Z '',',1::— u p IV, C 1A»..�.r' iii CITY OF VIRGINIA BEACH \. AGENDA ITEM I ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies to the City Manager's Office to Procure Services to Identify Short Term Lodging and to Study the Impacts of Short Term Lodging on the Local Economy MEETING DATE: November 15, 2016 ■ Background: Understanding how best to address peer-to-peer rentals of homes is an issue of concern for many localities across the country. On August 16, 2016, City Council adopted an ordinance requiring all lodging places subject to the transient occupancy tax to register with the Commissioner of the Revenue (COR) for purposes of collecting, reporting, and remitting such tax. In order to best implement Council's policy, the City has identified the need for services that will allow the COR to engage property owners in a timelier manner and in a way that is less labor intensive. The current process requires the COR to identify how many online rentals there are in the City, their exact location, and the owner of the property. The use of a specialized services will make this information readily available while also offering additional information on rental activity trends and monitoring. Additionally, the COR would like to study short term lodging in the sharing economy and hcw it is effecting and transforming established travel and leisure businesses. Desired outcomes of the study would be to obtain a better understanding of the following: • Overview of the local travel and leisure industry; • Overview of the financial base of the Sharing Economy players and their current market impact on Coastal Virginia versus nationwide trends; • The short-term and long-term impacts on Coastal Virginia; • Local laws that are likely to be affected and how local and state government can ensure fair competition and a positive impact; and • How localities can leverage these players in their quest to make Coastal Virginia a leading East Coast destination. • Consideration: The City Manager's Office is requesting a transfer Df $65,000 from the General Fund Reserve for Contingencies to purchase services that allow the City to identify short term lodging and to fund a coastal impact study. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Attachment: Ordinance Recommended A cti• • : Approval Submitting D:pa . Agency: City Manager's Office City Manager. 04.'x 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE 3 CITY MANAGER'S OFFICE TO PROCURE SERVICES TO 4 IDENTIFY SHORT TERM LODGING AND TO STUDY THE 5 IMPACTS OF SHORT TERM LODGING ON THE LOCAL 6 ECONOMY 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $65,000 is hereby transferred from the General Fund Reserve for 12 Contingencies to the City Manager's Office to purchase services that allow the 13 Commissioner of the Revenue's Office to identify short term lodging and to fund a coastal 14 impact study of short term lodging. 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: PPErritt Kevin Chatellier Dan. 'armeyer Budget and Management Services City Attorney's Office CA13681 R-1 November 2, 2016 i. y— 'eft { �y 4 ✓ 1 ,`'s" ,oo CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Appropriate $1,501,607 and to Transfer $2,525,000 to Support the Hurricane Matthew Recovery Effort MEETING DATE: November 15, 2016 • Background: On Sunday October 8th, the City of Virginia Beach was negatively impacted by Hurricane Mathew. This storm system's high winds and heavy rainfalls left thousands of people without power and flooded several areas throughout the City. As a result of the storm and the recovery efforts, a total of 22 City vehicles have been totaled and are in need of replacement. The estimated cost of purchasing and equipping 22 replacement vehicles is $1,258,858. The FY 2016-17 Operating Budget includes $5.1 million for the replacement of City vehicles. To date, all of these appropriations have been committed. In addition to the 22 totaled vehicles, three EMS ambulances were totaled as a result of the Storm. These ambulances were owned by the volunteer rescue squads (two by Kempsville Volunteer Rescue Squad and one by Davis Corner Rescue Squad). The vehicles totaled were paid in full and no balance was owed to the City. Usually, the City provides an interest free loan to the rescue squad to pay for the ambulances. Action to replace these vehicles will be brought to City Council once the Volunteer Squads have developed a funding plan for their replacement. Replacement of these vehicles is not a part of this request. Public Works total cost associated with Hurricane Matthew is estimated to be $12,726,607. Of that total, $1,477,209 is related to waste collection and landfill, and $11,467,749 is Public Works General Fund operations. The Council provided an additional $8.4 million to Public Works on October 18, 2016. Accordingly, the remaining unfunded cost associated with Public Works is $4,326,607. • Consideration: In order to fund the $4,326,607 and better align appropriations to cover service needs, the following actions are requested: 1) For the Waste Management Fund, transfer $1,000,000 from the Waste Management Reserve for Contingencies and appropriate $477,209 from the Waste Management Fund Balance. These amounts will cover the cost related to storm clean up as well as repair cost for the landfill. As insurance recovery revenue and/or FEMA revenue becomes available those funds will reimburse the Waste Management Fund. 2) For the purchase of replacement vehicles and to cover the cost associated with clean-up efforts by Public Works, transfer $700,000 from the General Fund Reserve for Contingencies, $600,000 from the Energy Fuel Reserve, $225,000 from the Replacement of Totaled Vehicle Reserve and appropriate $1,024,398 from the General Fund Fund Balance. If approved, the FY 16 General Fund Fund Balance estimate will be 9.92% of FY 2016-17 revenues and within the 8%-12% policy. The General Fund Reserve for Contingencies would have a balance remaining of$150,237. The use of the fuel reserve is proposed because it may not be required this fiscal year. If fuel costs rise, the Council may be asked to provide additional funding. The remaining balance of $300,000 will be absorbed through the existing Public Works Operating Budget from amounts that may not be required for salaries and fringes as a result of vacancies and turnover. This is a similar approach being used by other department's absorbing additional cost resulting from Hurricane Matthew. All of these costs will be requested for reimbursement through FEMA. • Public Information: Public information will be provided through the normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting De• + ment/Agency: City Manager City Manager:1k 1 AN ORDINANCE TO APPROPRIATE $1,501,607 AND TO 2 TRANSFER UP TO $2,525,000 TO SUPPORT THE 3 HURRICANE MATTHEW RECOVERY EFFORT 4 5 WHEREAS, the City of Virginia Beach needs the ability to efficiently and effectively 6 cleanup the City in the wake of Hurricane Mathew; and 7 8 WHEREAS, as a result of the storm the Department of Public Work's has incurred 9 cost that without additional resources programmed services will be negatively impacted; 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 1) $477,209 is hereby appropriated from the Waste Management Specific Fund 15 Reserve to the Waste Management Fund's FY 2016-17 Operating Budget. 16 17 2) $1,000,000 is hereby transferred from the Waste Management Reserve for 18 Contingencies to operating accounts within the Waste Management Fund's FY 19 2016-17 Operating Budget. 20 21 3) Transfers are hereby authorized from the following sources to Public Works FY 22 2016-17 General Fund operating budget: 23 24 a. $700,000 from the General Fund Reserve for Contingencies 25 b. $600,000 from the Energy Fuel Reserve 26 c. $225,000 from the Replacement of Totaled Vehicle Reserve 27 28 4) $1,024,398 is hereby appropriated from the fund balance of the General Fund 29 to the Department of Public Works FY 2016-17 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APP • ED AS TO LEGAL SUFFICIENCY: OLTAO David Bradley :.na Ha meyer Budget and Management Services City Attorney's Office CA13885 R-1 November 9, 2016 Rrx�yL?6FA�- cyy CITY OF VIRGINIA BEACH AGENDA ITEM .01 ITEM: An Ordinance to Appropriate FY 2015-16 School Reversion Funds MEETING DATE: November 15, 2016 • Background: On September 20, 2016, the School Board was presented a summary of the un-audited financial statement for FY 2015-16 in which $15,583,197 lapsed and reverted to the City's General Fund; additionally, actual school formula revenues exceeded budgeted amounts by $1,171,446, generating a net balance of $16,754,643 available for reversion. In the past, City Council has appropriated such funds to the School System. Under City Council policy, the Schools can only apply these funds to one-time rather than continuing obligations. Additionally, in 2003 at the request of the School Board, the City Council approved an ordinance, which established in the City's accounting structure the "Special Revenue Fund - School Reserve" or the 098 Fund. At that time, the City Council was provided a School Board Policy, 3-28, describing the purposes of the 098 Fund (the "Policy"). The Policy was updated by the School Board in 2014, and as amended, contemplates use for "(1) unexpected shortfalls in state or federal revenues; (2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget; (3) unusual and critical need to fund the subsequent fiscal year's operating budget shortfall; or (4) other fiscal emergencies." The Policy provides a limitation of "up to two (2) percent of the previous year's School Operating Budget may be placed into this fund". A copy of the Policy is attached to this item. At its November 1st meeting, the School Board adopted a resolution requesting that reversion funds totaling $16,754,643 be re-appropriated for the following: o $2,700,000 to School Operating Fund to cover the 1.34% employee raise, effective December 1, 2016; o $4,054,643 to the School Operating Fund to purchase replacement buses, fleet replacement vehicles, upgrade the wireless network, the "All Access Technology" initiative, and electronic door access at schools; and o $10,000,000 to the School Reserve Special Revenue Fund to address the anticipated operating budget shortfall in FY 2018. • Considerations: This request is similar to previous requests of the School Board with two caveats. First, the proposed contribution to the School Reserve Special Revenue Fund, if approved, would exceed the 2% set forth in the Policy. As of June 30th 2016, the School Reserve Special Revenue Fund had an un-audited balance of $12,299,308 of which $5,000,000 was appropriated as part of the FY 2016-17 Operating Budget for Schools. This leaves a balance of $7,299,308 in the 098 Fund. However, the Schools are requesting appropriating $10,000,000 in reversion funds, increasing the balance to $17,299,308. This represents 2.027% of the School's FY 16 budget, slightly exceeding the 2% limit set by the Policy. Second, the employee pay raise item is not a one-time expense. However, the request by the School Board is consistent with the request recently approved by the City Council regarding the Constitutional Officers on October 18, 2016. The state's funding of a pay increase for Standard of Quality positions was conditioned upon meeting certain revenue targets. The failure to meet such targets results in a gap of $3.8 million of unrealized state revenue. Of this amount, the City Council, at its October 18 meeting, affirmed the allocation of revenue sharing funds to Schools included in the FY17 Adopted Budget, which provided $1.1 million of the funding gap. The remaining $2.7 million is the subject of the School Board reversion request and the attached ordinance. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance; School Board Resolution (Adopted November 1, 2016); School Board Policy 3-28. Recommended Action: Approval Submitting De• - - - . •ency: Budget and Management Services t41 City Manager: ° School Board of the City of Virginia Beach Daniel D.Edwardsms��tz—xemnmi|l�chav -.-,'i��'�� VIRGINIA��C�Y PUBLIC SCHOOLS — � CHARTING THE COURSE �um oeve .4nde,so".At-Large,Vice Chair ' Sharon R.Felton,District 6—Beach School Administration Building#6,Municipal Center Dorothy M.HaIti,At-Large 2512 George Mason Dr. Joel A.McDonald,District 3—Rose Hall P.0.Box 6038 m,oinioeeac�vw 23456 »ah�vx.McLeod,m'm�e Kimberlyx Melnyk,oi�ri�7 Princess Anne (757)263-1000 A. — Carolyn T.Rye,District 5—Lynnhaven MISSION STATEMENT Elizabeth E.Taylor,At-Large The Virginia Beach City Public Schools,in partnership with the entire community,will Leonard C.Tengco,District 1—Centerville empower every student to become a life-long learner who is a responsible,productive Carolyn D.Weems,District 4—Bayside and engaged citizen within the global community, Aaron C.Spence,Ed.D.,Superintendent _ � _a_ — RESOLUTION REGARDING FY 2015/16 REVERSION AND REVENUE ACTUAL OVER BUDGETED FUNDS WHEREAS,on September 20, 2016,the School Board was presented with a summary of the unaudited financial statement for FY 2015/16(year-ending June 30,2016)showing the reversion amount to the City's General Fund;and WHEREAS,the estimated funds available for re-appropriation is$15,583,197;and WHEREAS,the City is currently indicating an FY 2015/16 revenue actual over budget of the revenues included in the Revenue Sharing Formula of which the Schools portion is$1,171,446;and WHEREAS,the net reversion funds available for re-appropriation is$16`754'643;and WHEREAS,the Administration recommends the following for the available funds in the amount of$16,754,643: • $2,700,000 to the Operating Fund 115(spread across all categories)to cover the 1.34%employee raises effective 12/1/16 • $2,116,415 to the Operating Fund 115-Transportation Category to purchase 21 replacement school buses,3 additional Special Education buses,and 4 other vehicles • $809'626 to the Operating Fund I16-Technology Category as a required E-Rate local match for wireless network upgrade in remaining schools. This will generate$1,214,439 in E-Rate funds • $154,670 to the Operating Fund 115-Operations& Maintenance Category for replacement vehicles • $500,000 to the Operating Fund 115—Instructional Category for the technology initiative Access for All Students • $473,933 to the Operating Fund 115—Operations and Maintenance Category for electronic door access at schools • $10,000,000 to be re-appropriated to the School Reserve Special Revenue Fund to cover expected revenue shortfalls in the FY 2017/18 Fund 115 School Operating Budget;and NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2015/16 Reversion and Revenue Actual Over Budget funds as presented by the Administration;and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FY 2015/16 Reversion and Revenue Actual Over Budget funds shown above;and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board,and the Clerk of the Board is airected to deliver a copy of this resolution to the Mayor,each member of City Council, the City Manager,and the City Clerk. Adopted by the School Board of the City of Virginia Beach this l"day nf , ovember 2016 ^ � 1 1 Daniel D Edwards fool .. , Chairman SEAL —_ _ Aaron C.SpenceSuperintendent Attest: P- �ut�=*., Dianne P.Alexander,Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive I mzBox wpon | mrginia Beach.von»/Virginia » wvvvw*.vbschmols.cwrm Virginia Beach City Public Schools -Policies and Regulations Page 1 of 1 Select Language Y 25'2 Ge515ge Mason_ ,.,e•c 0 505 5038 55r5nia Bea..1 91 z 25455,0038 .57 262 WOO 257 262 1240IDE) Policies and Regulations School Board of the City of Virginia Beach Policy 3-28 BUSINESS AND N0NINSTRUCTI0NAL OPERATIONS Reserve Fund A. Generally In order to be in a better position to respond to: 1)unexpected shortfalls in state or federal funding;2)emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget;3) unusual and critical need to fund the subsequent fiscal year's operating budget shortfall;or 4)other fiscal emergencies,the School Board shall set aside a reserve for contingencies(hereinafter"Reserve Fund"or"Fund")up to two(2)percent of the previous year's School Operating Budget,may be placed into this Fund.The purpose of this Policy is to specify what funds shall be placed in the Reserve Fund,and to set forth the School Board's requirement for any expenditures to be made from the Reserve Fund. B. Policy 1. Any expenditure of funds in the Reserve Fund shall require a resolution adopted by a majority vote of the School Board.Such resolution shall state the purpose(s)of the expenditure,and the total amount to be expended. 2. Pursuant to applicable provisions of state law,the Reserve Fund must be appropriated by City Council annually as part of the school operating budget,and any funds that the School Board desires to be added to the Reserve Fund during the fiscal year must also be appropriated by City Council. Legal Reference: Code of Virginia§22.1-94,as amended.Appropriations by county,city or town governing body for public schools. Code of Virginia§22.1-115,as amended.System of accounting;statements of funds available;classification of expenditures. Virginia Board of Education Regulation 8 VAC 20-210-10,as amended.Classification of expenditures. Adopted by School Board:May 6, 1997 Amended by School Board:May 6,2003 Amended by School Board:September 16,2014 http://www.vbschools.com/policies/3-2g p.asp 11/3/2016 1 AN ORDINANCE TO APPROPRIATE FY 2015- 2 15 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on November 1, 2016, the School Board adopted a resolution 5 requesting the City Council appropriate funds that lapsed and reverted at the end of FY 6 2015-16 and funds that exceeded anticipated revenue estimates for FY 2015-15; 7 8 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That $16,754,643 is hereby appropriated in the FY 2016-17 Operating Budget 12 from the fund balance of the General Fund in the amounts and for the purposes set 13 forth below: 14 15 1. $10,000,000 to the School Reserve Special Revenue Fund (098) to address 16 the anticipated budget shortfall in FY 2017-18 and other unanticipated 17 emergencies; and 18 19 2. $6,754,643 to the Schools Operating Budget in the amounts set forth below: 20 • $2,700,000 to provide the funding gap to pay for FY17 employee pay 21 raises; 22 • $2,116,415 to purchase buses and vehicles; 23 • $809,625 for a match for wireless network upgrade; 24 • $154,670 for replacement vehicles; 25 • $500,000 for the technology initiative "Access for all Students"; and 26 • $473,933 for electronic door access at schools. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1±1) 1)) David Bradley 1 1D-gii,I4'armeyer Budget and Management Services City Attorney's Office CA13683 R-1 November 3, 2016 r 1dq i, J �L --rtr` t4f 1i CITY OF VIRGINIA BEACH AGENDA ITEM „J ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Ocean Park Volunteer Rescue Squad Inc. for the Purchase of Two Ambulances and Related Gear MEETING DATE: November 15, 2016 • Background: The ten volunteer rescue squads in the City provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. Also, the City has historically provided short-term, no-interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. This agenda item reflects a request from the Ocean Park Volunteer Fire and Rescue Unit, Inc. (OPVRS) (letter is attached) to the City for a 10-year interest-free loan for 2 ambulances and related equipment and supplies. One ambulance will be used as a replacement for one that has broken down and is not cost-effective to repair, and a second ambulance will serve as an addition to OPVRS's fleet. The size of the Volunteer Rescue Squads' overall ambulance fleet will not change because Chesapeake Beach Volunteer Rescue Squad previously reduced its ambulance fleet by one. • Considerations: The total loan requested is $175,000, which is comprised of the cost of the ambulances at $35,500 each totaling $71,000 plus the cost to paint and stripe the ambulances and equip with required equipment/gear and supplies totaling $104,000. The loan will be payable in ten equal annual payments of $17,500.00 each with the first payment due on December 1, 2017. By comparison, just one new ambulance of the same type currently costs about $258,000. City Garage staff members have inspected and signed-off on the road- worthiness and condition of the two ambulances covered by this loan. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Alternatives: The alternative to this request is to pursue a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay putting the replacement ambulances into commission. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Loan Agreement; Promissory Note; Letter from OPVRS requesting the loan. Recommended Action: Approval Submitting Dep- • k e• . : •ency: Department of Emergency Medical Services *----- City —City Manager: IN 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE OCEAN PARK 3 VOLUNTEER RESCUE SQUAD, INC. FOR THE 4 PURCHASE OF AMBULANCES AND RELATED GEAR 5 6 WHEREAS, the Ocean Park Volunteer Fire and Rescue Unit, Inc., ("Ocean Park 7 Rescue Squad") has requested an interest free loan of $175,000 to purchase two 8 ambulances and related gear with an estimated total cost of$175,000. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $175,000 is hereby appropriated from the fund balance of the 14 General Fund for an interest-free loan to the Ocean Park Rescue Squad 15 for the purchase of ambulances and related gear; and 16 17 2. That this loan is to be repaid by Ocean Park Rescue Squad over ten (10) 18 years, pursuant to the terms of the attached agreement and promissory 19 note. 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: i . ow -'�� A Kevin Cha ellier .- - - arm-yer Budget and Management Services City A ttorney's Office CA13674 R-1 October 26, 2016 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: OCEAN PARK VOLUNTEER FIRE AND RESCUE UNIT INC. SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE I PROVIDER (use additional sheets if needed) X Accounting and/or preparer of your tax return Financial Services (include X lending/banking institutions and current mortgage holders as applicable) El X Legal Services MEM ❑ X Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it , changes prior to the Council action upon this Application. fir it) Gerald L. Kerr IV 09NOV1 6 AP (CANT'S SIGN URE y PRINT NAME DATE *As P4 L �� AftaE�'v° 3769 E. Stratford Rd. Virginia Beach, VA 23455 October 12,2016 Chief Edward Brazle Virginia Beach Department of Emergency Medical Services 477 Viking Drive, Suite 130 Virginia Beach,VA 23452 Dear Sir: Ocean Park Volunteer Rescue Squad (OPVRS) is formally requesting a City of Virginia Beach loan in the amount of$175,000 to complete the purchase of an ambulance to replace Unit 146437. (VIN 1FVACVDD45HU29774)which is a 2004 Type I Ambulance on a Medium Duty Freightliner FL-60 chassis. Additionally,these funds will be used to add and fully outfit a fourth ambulance for the OPVRS fleet. This will be accomplished with the acquisition of a pair of 2008 Wheeled Coach used ambulances which were formerly in service with the Richmond Airport Fire Department. These funds will cover the purchase cost of both of these ambulances and all of the equipment required to outfit and place into service a fourth ambulance including LifePak monitor, computer systems, PowerPro stretcher and PowerLoad lift systems. We anticipate that the ambulances have seven years of useful service left in them while the remaining equipment has a functional life of ten years. At this time, OPVRS is current on one outstanding loan with the City of Virginia.There is $41,152.80 remaining on that loan. Our hope is that you will consider this request favorably. It would be our intention to repay the loan in full within ten years in 10 equal annual base payments of$17,500.00 plus any interest or handling fees the City may require. Respectfully, • J t Gerald L. Kerr President Ocean Park Volunteer Rescue Squad Agreement between the City of Virginia Beach and Ocean Park Volunteer Fire and Rescue Unit, Inc. THIS AGREEMENT is made and entered into this day of , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and OCEAN PARK VOLUNTEER FIRE AND RESCUE UNIT INC., a Virginia nonstock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNES SETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of vehicles and related gear, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of vehicles and related gear. B. Provide standardized equipment required for operations within the City, including, but not limited to,mobile communications devices,pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicles. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicles through the CITY's Public Works Department Automotive Services Division, so long as the vehicles remain CITY-insured vehicles. The Public Works Department Automotive Services Division shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicles according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicles are sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicles, 1 unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY- owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Public Works Department Automotive Services Division for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicles in accordance with the manufacturer's recommended maintenance schedules and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicles shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicles and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicles, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicles' fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. OCEAN PARK VOLUNTEER CITY OF VIRGINIA BEACH FIRE AND RESCUE UNIT INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $175,000 Virginia Beach, Virginia 2016 FOR VALUE RECEIVED, Ocean Park Volunteer Fire and Rescue Unit, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($175,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before December 1, 2017 - $17,500.00 On or before December 1, 2018 - $17,500.00 On or before December 1, 2019 - $17,500.00 On or before December 1, 2020 - $17,500.00 On or before December 1, 2021 - $17,500.00 On or before December 1, 2022 - $17,500.00 On or before December 1, 2023 - $17,500.00 On or before December 1, 2024 - $17,500.00 On or before December 1, 2025 - $17,500.00 On or before December 1, 2026 - $17,500.00 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). OCEAN PARK VOLUNTEER FIRE AND RESCUE UNIT INC. (SEAL) Title: Date: Iif. , ra'ane -', f -J Y / CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Four-for-Life Training Grant Funds to the FY 2016-17 Operating Budget of the Department of Emergency Medical Services MEETING DATE: November 15, 2016 • Background: The General Assembly established the Four-for-Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As required by Virginia Code § 46.2-694, the Four-for-Life program collects an additional four dollars and twenty-five cents from each state vehicle registration purchased annually. According to the State Code, 30% of the $4.00 portion of the vehicle registration fee is distributed to the State Department of Health to support various emergency medical programs and services. The total for training related revenue remitted to each EMS agency varies depending on the number of training courses offered statewide each year. These funds are made available to eligible EMS training programs through a competitive grant program which is facilitated through the Virginia Department of Health, Office of Emergency Medical Services. The grant funding allocation is based on a fee schedule according to what level, and what type of EMS training classes the recipient teaches during a given grant period. The Virginia Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Medical Services (EMS) an EMS training grant of $12,852. • Considerations: The grant funds derived from the state Four-for-Life program are strictly governed by state law and may be used to purchase additional or enhanced EMS equipment and/or may be used to fund training needs. The funds may not be used to off- set or supplant current services. This is a 100% funded grant with no local match required. This specific grant will provide funds for a portion of three EMS training classes serving an estimated 150 students. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De.a e Agency: Department of Emergency Medical Services City Manager: ‘°0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FOUR- 2 FOR-LIFE TRAINING GRANT FUNDS TO THE FY 2016-17 3 OPERATING BUDGET OF THE DEPARTMENT OF 4 EMERGENCY MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $12,852 is hereby accepted from the Virginia Department of Health, Office of 10 Emergency Medical Services Four-for-Life Training Program, and appropriated, with 11 estimated state revenues increased accordingly, to the FY 2016-17 Operating Budget of 12 the Department of Emergency Medical Services to fund a portion of the costs of three EMS 13 training classes. 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: Ke in Chatellier n armeyer Budget and Management Services City Attorney's Office CA13675 R-1 November 3, 2016 ,.---0',,11.,,, i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Additional Grant Funds for the Victim Witness Program in the Office of the Commonwealth's Attorney, to Transfer Funds, and to Authorize 3.4 Grant-Funded Positions MEETING DATE: November 15, 2016 ■ Background: Since 1990, the Office of the Commonwealth's Attorney (CWA) has received a Victim Witness Assistance Grant from the Virginia Department of Criminal Justice Services (DCJS) for the Virginia Beach Victim Witness Program. The mission of the Program is to provide information and assistance to victims and witnesses of crime in accordance with the Virginia Crime Victims and Witnesses Rights Act. This grant provides funding for part of the salary/benefits for 6.5 FTEs including 3 full time caseworkers, 1 part-time caseworker and 3 full-time support staff positions. The State awards this grant for two fiscal years, and it is included as part of the City's annual budget process. The amount included in the CWA's FY 2016-17 Operating Budget is $273,771. Although the DCJS grant does not require a local match, the City has provided funding annually to cover operating support costs and unfunded personnel/fringe benefit costs. The City's contribution for these costs in the FY 2016-17 Operating Budget is $64,746. Total program cost in the grant is $338,517. In addition, the City has funded additional costs of roughly $151,918 in the CWA's General Fund Operating Budget for two Victim Witness Caseworkers and program operating costs. Due to increased federal funding, the grant program has changed in FY 2016-17 from being primarily state funded to being mainly federally funded. As additional federal funds became available, the CWA requested expansion of the program. For FY 2016- 17, the State has awarded grant funds totaling $561,588 ($421,191 federal and $140,397 state funds). The additional services and staffing (1 full-time and 3 part-time totaling 3.40 FTE's) will include: Addition of 0.95 FTE's: expansion of an existing 20-hour part-time Victim Witness (VW) Caseworker I to 29 hours per week and addition of a second 29-hour per week Victim Witness Caseworker I. The additional staff will allow the department to split the court docket in half for domestic violence cases to 10 cases per caseworker per day Monday through Thursday. This will allow sufficient time to assist victims and witnesses of domestic violence prior to court and assisting them in obtaining other community services (counseling, shelter, legal filings, and etc.). Addition of 2.45 FTE's: one full-time VW Caseworker I and two part-time VW Caseworker l's to further expand our services/assistance to victims of crime. Currently caseworkers support multiple teams of prosecution requiring they only focus their time and resources on the victims with the greatest need. The Page 2 of 2 additional positions will allow each prosecution team its own caseworker increasing the ability to handle more in-depth advocacy from the initiation of a charge to its finality. ■ Considerations: Because the amount of DCJS grant funding changed, adjustments are required to the CWA's FY 2016-17 Operating Budget totaling $287,817. Federal pass-through funding supporting the DCJS grant should be increased from $0 to $421,191, and state funding should decrease from $273,771 to $140,397, for a net increase of$287,817. FY 2016-17 FY 2016-17 Adopted Adjusted Operating Operating Funding Source Budget Budget $ Change State $273,771 $140,397 ($133,374) Federal $0 $421,191 $421,191 Total Grant $273,771 $561,588 $287,817 City $264,746 $264,746 $0 Total Victim Witness Program $538,517 $826,334 $287,817 In summary, the additional staffing being requested for authorization includes: Additional Position Title Type FTE Victim Witness Caseworker I Part-time .225 Victim Witness Caseworker I Part-time .725 Victim Witness Caseworker I Full-time 1.0 Victim Witness Caseworker I Part-time .725 Victim Witness Caseworker I Part-time .725 Total Additional Requested 3.40 As proposed, the FTEs are conditioned upon grant funding. City funding will not be used to supplant grant funds. In addition, with the addition of federal funding comes the requirement to prove non-supplantation of funds. As such, the CWA is requesting the transfer of$151,918 and two existing full-time FTEs (1 Victim Witness Caseworker I and 1 Victim Witness Caseworker II) and operating costs for the Victim Witness Program from its General Fund Operating Budget to the Victim Witness Grant to meet federal government non-supplantation requirements and enable tracking of all funding for the Victim Witness Program in the CWA's Victim Witness Grant. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting De,a - + A gency: Office of the Commonwealth's Attorney City Manager: .1i 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 ADDITIONAL GRANT FUNDS FOR THE VICTIM WITNESS 3 PROGRAM IN THE OFFICE OF THE COMMONWEALTH'S 4 ATTORNEY, TO TRANSFER FUNDS, AND TO AUTHORIZE 5 3.4 GRANT-FUNDED POSITIONS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $287,817 is hereby appropriated with the following revenue adjustments and 11 actions taken: 12 a. $421,191 of federal funding is accepted, with revenue increased 13 accordingly; and 14 b. $133,374 in estimated State revenues is reduced. 15 16 2. Additional grant funded positions totaling 3.40 FTEs are authorized for the Victim 17 Witness Grant Program as follows with the understanding that if the grant 18 funding decreases, respective reductions in FTEs will be made: 19 20 a. Victim Witness Caseworker I Part-time 0.225; 21 b. Victim Witness Caseworker I Part-time 0.725; 22 c. Victim Witness Caseworker I Full-time 1.000; 23 d. Victim Witness Caseworker I Part-time 0.725; 24 e. Victim Witness Caseworker I Part-time 0.725. 25 26 3. The FTEs authorized herein are conditioned upon continued grant funding. 27 4. Two full-time Victim Witness Caseworker positions and related funding of 28 $151,918 are hereby transferred within the FY 2016-17 Operating Budget of the 29 Office of the Commonwealth's Attorney to the Victim Witness Grant Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ke in ChatellierDana rmeyer Budget and Management Services City Attorney's Office CA13676 R-1 October 28, 2016 .-,417';i4- ,';`•, r 4,• i •µ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $505,845 from the Virginia Department of Agriculture and Consumer Services to Reimburse the City for a Portion of the Cost to Acquire a Preservation Easement MEETING DATE: November 15, 2016 • Background: On February 24, 2015 and February 2, 2016, City Council authorized the City Manager to execute two Intergovernmental Agreements with the Virginia Department of Agriculture and Consumer Services (VDACS). These agreements provided the opportunity to request state funding through the Office of Farmland Preservation that would match local dollars for easements acquired, not to exceed a total of $698,874.33 ($286,983.46 for the 2015 agreement and $411,890.87 for the 2016 agreement). The goal of the Intergovernmental Agreements was to provide financial assistance for local programs to protect working farm and forested lands. This agenda item requests appropriation of state funding to reimburse some of the costs incurred by the City in August 2016 for the acquisition of an agricultural land preservation easement. • Considerations: This item accepts and appropriates a total of $505,845 from VDACS to reimburse the Agriculture Reserve Program Special Revenue Fund for a portion of the easement value ($1,011,690) for the 1907, LLC property. The 1907, LLC farm of 62.45 acres, located at 1620 Princess Anne Road, was enrolled in ARP on August 3, 2016. The appropriation will help reimburse the cost of the U.S. Treasury STRIPS that were purchased to fund the principal payment as well as related easement acquisition costs. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De• - - ent/Agency: Department of Agriculture ov), ..,, City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $505,845 FROM THE VIRGINIA DEPARTMENT OF 3 AGRICULTURE AND CONSUMER SERVICES TO 4 REIMBURSE THE CITY FOR A PORTION OF THE 5 COST TO ACQUIRE A PRESERVATION EASEMENT 6 7 WHEREAS, as a result of the Intergovernmental Agreements authorized by City 8 Council on February 24, 2015 and February 2, 2016, the Virginia Department of 9 Agriculture and Consumer Services approved reimbursements totaling $505,845 for a 10 portion of costs the City incurred in purchasing the agricultural preservation easement 11 for the 1907, LLC property. 12 13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That $505,845 is hereby accepted from the Virginia Department of Agriculture 17 and Consumer Services and appropriated, with estimated state revenues increased 18 accordingly, to the FY 2016-17 Operating Budget in the Agriculture Reserve Program 19 Special Revenue Fund to reimburse the City for a portion of the cost to acquire a 20 preservation easement. 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: 7 . ! �, ice.. ,. Kevin Cha ellier D- • - - They-r Budget and Management Services City Attorney's Office CA13684 R-2 November 4, 2016 ♦rO ,. x.HL. l r e`nw y t « I a.'''''-,,,.„,..<''*::" . t CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation Primary Extension Program to Public Works FY 2016-17 Operating Budget MEETING DATE: November 15, 2016 • Background: The Commonwealth Transportation Board established the Primary Extension Paving Program to distribute available funding. Starting July 1, 2014, localities that maintain their own primary extension roads can receive a portion of the reconstruction and paving funds, previously reserved for interstates and primary roads. The Virginia Department of Transportation (VDOT) Primary Extension Paving Program provides funding for qualifying road segments, up to $1,000,000 per locality. This is not a grant program and funds are only available on a reimbursement basis. This year the City's applications were approved for paving funds totaling $1,000,000. The following road segments received funding: Ferrell Parkway eastbound and westbound, from 0.2 miles west of Indian Lakes Blvd. to 0.2 miles west of the Ferrell Parkway Bridge over the canal. • Considerations: After VDOT's administration fees, the City will be reimbursed $999,000. The total paving cost is estimated at $1,146,425. The City will use the annual paving budget for the non-reimbursed balance. ■ Public Information: Public information will be provided through the normal City Council agenda process. • Attachment: Ordinance Recommended Action: Approval of Ordinance IiSubmitting De. = - e. A gency: Public Works . prO City Manager: ii ► 1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION PRIMARY EXTENSION PROGRAM 4 TO PUBLIC WORKS FY 2016-17 OPERATING BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $999,000 in State revenue is hereby accepted from the Virginia Department 10 of Transportation and appropriated to Public Works FY 2016-17 Operating Budget for 11 road paving. 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: 'EJ David Bradley :- - - ' meyer Budget and Management Services City Attorney's Office CA13680 R-1 November 2, 2016 :::: yy Si CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Transfer Funds and to Authorize a Grant to Lynnhaven River NOW for an Education and Community Outreach Program MEETING DATE: November 15, 2016 • Background: Lynnhaven River NOW (LRN) is a non-profit 501(c)(3) organization with a mission to increase education and awareness of the benefits of a healthy Lynnhaven River Watershed. LRN has requested a grant to support Pearl Communities, Advocacy and Restoration in the Lynnhaven River, Little Creek, and Elizabeth River Watersheds. The proposal from LRN is attached and summarized below. • Pearl Communities: Outreach to various City public organizations by expanding the Pearl designation program for Faith Communities, Schools (public and Private) and businesses. • Advocacy: Efforts to support good environmental policy at the local and state levels and to facilitate between citizens and government agencies. • Restoration: Coordinate with partner organizations including the City of Virginia Beach and community volunteers to design, fund and coordinate implementation of restoration projects in Virginia Beach to include oyster restoration, wetlands restoration, living shorelines and riparian buffers. • Considerations: The funding requested from the City is $282,000. LRN proposes to match this with $203,000 of outside donations and $79,000 of internal resources. The total of the proposed efforts is $564,200. The activities in the proposed grant will support City initiatives and requirements related to MS4 Permit requirements and TMDL efforts. The funding for the City grant proposed in this request is from General Fund reserves, specifically the Reserve for Neighborhood Dredging, in the FY 2016-17 Operating Budget. If the Council authorizes the grant, the City staff will develop a detailed contract memorializing the expectations for the expenditure of grant funds and auditing of expenses. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance; Grant Proposal from Lynnhaven River NOW; Disclosure Form Recommended Acti• • • Approval Submitting D-pa i gency: Planning Depart 116 `': 0 / City Manager 1 AN ORDINANCE TO TRANSFER FUNDS AND TO 2 AUTHORIZE A GRANT TO LYNNHAVEN RIVER 3 NOW FOR AN EDUCATION AND COMMUNITY 4 OUTREACH PROGRAM 5 6 Whereas, the City of Virginia Beach has partnered with Lynnhaven River NOW 7 to support Pearl Communities, advocacy, and restoration in the Lynnhaven River, Little 8 Creek, and Elizabeth River watersheds. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $282,000 is hereby transferred from the FY 2016-17 General Fund Reserve 14 for Neighborhood Dredging to the Department of Planning. 15 16 2. That a grant of $282,000 to Lynnhaven River NOW is hereby authorized to allow 17 the development of an education and community outreach program. 18 19 3. The City Manager is authorized to execute a grant agreement between the City 20 and Lynnhaven River NOW, provided the grant agreement is reviewed for legal 21 sufficiency by the Office of the City Attorney, the agreement is consistent with the 22 proposal given to the City on November 3, 2016, and the agreement requires 23 reporting of all expenditures of grant funds and audit of such expenditures by the 24 City. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a\v1-)14) David Bradley . .7!lrmeyer Budget and Management Services City Attorney's Office CA13682 R-4 November 7, 2016 DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: __tiplailakeLt_LitcSe2i4 SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If. the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) IN Accounting and/or preparer of your tax return Financial Services (include I Q lending/banking institutions and current mortgage holders as applicable) 0 Q Legal Services ® Broker/Contractor/Engineer/Other Service Providers s CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. t`d--41.1f 4 f Kc�► 4 t fit,' v j 0' APPLICANT'S SIGNATURE ' PRINT NAME DATE LYN N HAVEN RiverNOW November 3, 2016 Barry Frankenfield City of Virginia Beach, Director of Planning 2405 Courthouse Drive Virginia Beach,VA 23456 Dear Barry, Please find attached the Lynnhaven River NOW Grant Proposal for the City Of Virginia Beach. Also attached is a spreadsheet that breaks out the costs summarized in the Grant Proposal. We present this proposal to further our Partnership with the City of Virginia Beach in the areas of environmental education and outreach,advocacy, and restoration begun by Lynnhaven River NOW and the City in 2002. During the past fourteen years,we have accomplished remarkable improvements in water quality as well as restoration of vital marine habitats. And we have educated tens of thousands of Virginia Beach citizens about the critical importance of caring for their river. Despite these accomplishments, many challenges lie ahead for Virginia Beach as we strive to meet the increasingly strenuous requirements of the TMDL program and our MS4 Permit, as well as implementation of our own Sustainability Plan,Oyster Heritage Plan, and the US Army Corps of Engineers Restoration Plan. Our waterways are central to our way of life in Virginia Beach. We appreciate the priority that the City has established for restoring and protecting those waterways and know that even more can be accomplished as we continue to work together. Sincerely, Andrew S. Fine Founder and Co-Chair Harry T. Lester Founder and Co-Chair Brock Environmental Center, 3663 Marlin Bay Drive, Virginia Beach, VA 23455 www.LRNow.org 757-962-5398 Lynnhaven River NOW Grant Proposal for the City of Virginia Beach Revised November 3, 2016 Introduction Lynnhaven River NOW's (LRNow) Restoration, Advocacy, Pearl School, Pearl Faith Community and new Pearl Business Programs are designed to educate and engage the community in ways that will reduce the quantity of stormwater and reduce the pollutants in our stormwater. Our two efforts, LRNow and the City, are complementary. There are many things that Lynnhaven River NOW can do to help the City improve water quality, restore our marine ecosystems and engage the community in these efforts. And there are resources and opportunities that the City can provide that further our shared goal of clean, healthy waterways. This partnership has worked well for both organizations. LRNow is a flexible, pragmatic and creative organization able to perform tasks at a fraction of the cost the city would incur and some tasks that would be impossible for city staff to perform. During the past decade we have worked together to • open 44% of the Lynnhaven River to shellfish harvest. • establish a No Discharge Zone in the Lynnhaven. • build 63 acres of sanctuary oyster reef and substantially increase our native oyster population. • move from an annual loss of wetlands to an annual gain in wetlands. • enroll over 2,500 families in our Pearl Home program. • regularly air public service announcements regarding responsible practices on VBTV. • institute a dynamic and successful scoop the poop campaign throughout the city. • promote excellent environmental education programs in all of our public and private schools and to recognize 78 Pearl Schools creating new generations of environmental stewards. • educate congregations and facilitate improved stormwater management in our Pearl Faith communities. • assist waterfront property owners with improved shoreline management practices. • develop strategies for protecting and preserving our valuable marsh islands. • establish responsible environmental management as a priority for all residents of Virginia Beach. • educate thousands of Virginia Beach residents. Together, we have been a leader in the region and many of our programs have been emulated by others. Our few, but important, public positions on the Asian Oyster, preservation of Pleasure House Point, light rail, off-shore drilling, and menhaden harvest limits have had valuable impact. As proud as we all should be of these accomplishments, many equally difficult challenges lie ahead. Finding solutions to sea level rise and increased flooding that also contribute to improving water quality is a major challenge. Meeting increased regulatory demands in ways that do not stifle economic growth and the vitality of our community and continuing to engage the community in understanding and supporting the work that is necessary, and the increased funding that may be needed to support that work, are all areas where LRNow can continue to support and complement the work of the city staff and city leadership. As our programs and outreach have continued to grow and expand to include the entire city, so has the cost of administering those programs. We are requesting a city grant to provide critical funding to allow us to continue these successful and effective programs. These funds will be supplemented with other grant funding, volunteer man hours, and individual and foundation donations. This funding will allow us to continue to grow the excellent programs 1 that have produced the significant accomplishments of the past decade and will help our city to continue to meet the challenges of the next decade and be the cleanest, greenest city on the East Coast all at a fraction of the potential cost of a city program. Background Information Lynnhaven River NOW, formerly Lynnhaven River 2007, was established in 2002 to work toward a clean and healthy Lynnhaven River. For fourteen years, our work has been guided by the following strategic objectives: 1. Identify and reduce sources of pollution in the Lynnhaven River. 2. Restore vital habitat like oyster reefs, wetlands, riparian buffers, and underwater grasses. 3. Educate and engage the community and partner organizations in this work. For fourteen years, Lynnhaven River NOW (LRNow) has provided community education and outreach opportunities regarding restoration and protection of our Virginia Beach waterways teaching and inspiring residents to take steps to improve water quality in our Virginia Beach waterways. LRNow has successfully executed previous contracts with the City of Virginia Beach, Public Works: PWCN-08-0294, 2005-2008 PWCN-09-0227, 2009-2011 PWCN-11-0262 and PWCN-11-0262D, 2011-2016 These previous contracts included all of the following in the scope of services supported: Lecture Series and Symposiums: General Lecture Series City Watersheds Symposium General Citizen Workshops: Oyster Habitat Education Sub-Aquatic Vegetation Habitat Education Landscape Practices including Nutrient Management, Buffer Gardens and Rain Gardens Citizen Stormwater Education Pearl Homes Program Wetlands Workshops Publications: Newsletters Educational Publications: Development, Printing, Distribution, and Mailing Presentations to Community Organizations School Programs Internet Notifications and Information Facilitation of Public Involvement Committee Participation No Discharge Zone Public Involvement Vegetated Buffer Restoration and Wetlands Board Policy State Clean Marina Program Adopt-A-Waterway Program Coordination of Restoration Projects Annual Reporting 2 Capability and Skills LRNow was established in 2002 and is a non-profit corporation in the state of Virginia and has an IRS 501(c) designation. LRNow currently has eight employees, four full time and four part time, in the following positions: • Executive Director • Education Program Coordinator • Pearl Home and Pearl Faith Community Coordinator • Pearl Home and Pearl Faith Community Assistant • Restoration Coordinator • Oyster Scientist • SOS Program Technician • Administrative Assistant We also work with hundreds of volunteers. Between July 1, 2015 and June 30, 2016, we recorded 3,606 volunteer hours contributed to our various education, outreach, and restoration efforts LRNow is governed by a Board of Directors: Co-Chair and Treasurer Andrew Fine Co-Chair Harry Lester President Robert Wells Secretary Karen Forget Robert Miller Lillie Gilbert Cathy Coleman Maston Dave Jester Richard Serpe Brent James Steve Herbert Gene Ross LRNow provides services throughout the City of Virginia Beach. Our annual budget is approximately $650,000. All of our work is focused on the City of Virginia Beach. Personnel who will be assigned to these projects include: 1. Karen W. Forget, Executive Director BA Purdue University; MA College of William and Mary; Certificate of Non-Profit Management, Tidewater Community College, Center for Non-Profit Excellence. Forty-four years of experience as an educator and non-profit director. Karen Forget's responsibilities include oversight of all contract and grant work work, management of the budget, and responsibility for all reports. In addition, she manages the staff, our various committees and serves on several other boards and committees. She also manages our fundraising activities including applications for other grant funds. 2. Pam Northam, Pearl Home and Pearl Faith Community Coordinator BA Baylor University; MA University of Texas. Thirty years of experience as an educator in both formal and informal education roles. Pam Northam's responsibilities include coordination of our Pearl Home, Pearl Faith Communities, and Pearl Business programs. Pam is our primary community educator. 3 3. Emily Bodsford Hatfield, Pearl Home and Pearl Faith Community Assistant BS Old Dominion University. Two years of experience in community education and communications Emily Hatfield assists with all community education efforts and manages communications for LRNow including our website and social media outreach. She also coordinates our Citizen Scientist water quality monitoring program and our monthly River Cleanups. 4. Trista Imrich, Restoration Coordinator BA Ohio State University; MS American Public University, Virginia Certified Horticulturalist. Five years of experience in environmental outreach, estuary restoration, and landscape design. Trista Imrich coordinates all landscaping, buffer, and living shoreline projects, and manages our native plant programs. She does the property assessments and recommendations for shoreline, habitat and stormwater management improvements. 5. Laurie Carroll Sorabella, Oyster Scientist BA Wesleyan University; MS Virginia Institute of Marine Science, College of William and Mary. Twenty years of experience in Oyster and Estuary Restoration. Laurie Sorabella coordinates all oyster restoration projects including the oyster castle projects with waterfront property owners. She is managing the NFWF grant that will enable us to build a 1.5 acre reef in the Eastern Branch of the Lynnhaven in spring, 2017, our research project on the denitrification potential of sanctuary oyster reef with Virginia Institute of Marine Science, and coordinates our spat catcher program. 6. Jody Ullmann, Pearl School Coordinator BA, University of Minnesota. Certified as a Virginia Master Naturalist Trainer, Project Learning Tree, Project WET, Project WILD, Project FLYING WILD, Project AQUATIC WILD, and WOW Instructor. Thirty-five years of experience in formal and informal education with the National Park Service, museums, school systems, and non-profits. Jody Ullmann manages our Pearl School program, teacher and parent education, field activities for students and teachers, and outreach and education for children and parents. 7. Dana Sizemore, Administrative Assistant High School diploma. Three years of experience with LRNow as an administrative assistant. Dana manages our office, assists the public, and assists with programs as needed. Reporting We will provide quarterly reports to the City Council on all activities provided under this grant. At the end of the grant period, we will provide a summary report of all grant activities. 4 Proposed Services To Be Provided: LRNow has offered very successful community education programs in Virginia Beach since 2002. During that time, we have built a strong network of partners throughout the city and have demonstrated the capacity to provide high quality and effective education and outreach programs that engage residents in reducing pollutants from their own properties and helping to restore vital habitat that are essential to the health of our Virginia Beach waterways. Pearl Faith Communities Virginia Beach has 700 faith communities and each has responsibility for a building and grounds and has a congregation who desire to be good stewards of our environment, but often do not know how to do that. The goat of this program is to educate the congregation and provide them with the assistance that they need to develop a sustainability plan for their grounds and their buildings. We will engage the Faith Communities through the following activities: 1. Providing at least 10 presentations/workshops/educational activities to faith community groups annually. 2. Management of the Faith Community enrollment process and awards of the banners. 3. Provide an annual gathering for all Virginia Beach Faith Communities to increase awareness of the program. 4. We will provide an annual day long workshop for representatives from faith communities to learn more about best management practices and implementing them within their community. 5. Coordinate at least 3 landscaping projects annually on faith community properties to promote better stormwater management. 6. Promote the benefits of rainwater catchment and install at least 10 rain barrels on Faith Community properties annually. 7. Educate faith communities on waste reduction principles: Reduce, Reuse, Recycle, Rethink, and implement recycling programs in at least 5 faith communities annually. 8. Maintain a Facebook and website presence providing support for best practices in our Pearl Faith Communities. 9. Send a mailing to every identifiable faith community in Virginia Beach introducing our Pearl Faith Community program. Pearl Schools The goal of the Pearl School Program is to encourage excellent environmental education in all of our Virginia Beach public and private schools. We will engage students, teachers and their families through the following activities: 1. Provide at least 6 workshops annually for teachers and parents. 2. Continue to increase participation in the Pearl School program until all Virginia Beach public and private schools are engaged. Currently, there are 78 schools in this program. 3. Facilitate community participation in the planning and implementation of the Pearl School program. 4. Manage and implement the Growing Wetlands in the Classroom program with 50 schools annually. 5. Provide at least 15 presentations to Virginia Beach schools annually. 8. Facilitate at least 15 field activities for students and teachers annually. 9. Provide a Junior Master Naturalist program for Virginia Beach students. 10. Maintain a Facebook and website presence providing support for excellent environmental education. 5 Pearl Businesses The goal of the Pearl Business Program is to help both small and large businesses in Virginia Beach understand how they can change their practices in ways that will both improve stormwater management on their property. This is a new program that will be developed and launch during the next year. The following will be accomplished to launch this new outreach and education program. 1. Develop program goals, materials and implementation plan for small businesses. 2. Develop program goals, materials and implementation plan for large businesses. 3. Provide at least 10 presentations to business networks and business associations during the first year. 4. Distribute 1000 copies of the Pearl Business program materials for small businesses. 5. Develop and implement a new section on our website devoted to best management practices for small and large businesses. 6. Enroll 10 small businesses and one large employer in the program during the first year. 7. Send a mailing to at least 500 businesses and business associations introducing the Pearl Business Program. 8. Maintain a Facebook and website presence promoting sustainable practices for businesses. Advocacy The goal of our advocacy efforts is to support good environmental policy at the local and state levels and to facilitate the conversation between the citizens and our elected officials. We are an advocate for City initiatives including but not limited to the Oyster Heritage Plan and the Sustainability Plan. We accomplish this through: 1. LRNow staff participation on a variety of local, regional and state boards including but not limited to: a. Green Ribbon Committee b. City of Virginia Beach Clean Waters Task Force d. Mayor's Energy Advisory Committee e. HRPDC HR Green Committee f. HRPDC Native Plant Working Group g. Virginia Forever, General Board h. Virginia Conservation Network, Board of Directors i. Interagency Oyster Restoration Committee 2. Maintaining partnerships with a number of community groups including but not limited to: a. Council of Garden Clubs b. Council of Civic Organizations c. Resort Advisory Commission d. Bayfront Advisory Commission e. Virginia Beach Native Plant Society f. Friends of Live Oaks 3. Facilitating four meetings annually of representatives from all partner organizations. 4. Working with the Virginia Aquarium and Coastal Zone Management to develop and implement a marine debris program. 5. Working with Coastal Zone Management and the HRPDC on design and implementation of a native plant marketing strategy for Hampton Roads. 6 Restoration LRNow will seek grant funding and coordinate with partner organizations including the City of Virginia Beach and community volunteers to design, fund and coordinate implementation of restoration efforts in our Virginia Beach waterways including but not limited to oyster restoration, wetlands restoration, living shorelines, and riparian buffer restoration. We accomplish this through: 1. Consultation visits to private properties to assess and advise on drainage issues and shoreline management options. 2. Facilitation of the annual oyster survey to collect data on all of our sanctuary oyster reefs. 3. Facilitation of oyster castle shoreline projects on private property. Actual permitting and construction costs are paid by the property owner. 4. Facilitation of restoration projects including living shorelines, oyster reef and oyster castle shorelines, reforestation and water friendly landscaping practices on public properties. 5. Working with the USACE and the City of Virginia Beach to acquire the areas necessary to complete the USACE Lynnhaven Restoration Plan. 6. Partnering with the Virginia Institute of Marine Science to complete the oyster reef denitrification study that will help establish sanctuary oyster reef for TMDL credit. 7. Working with the city and consultants on the establishment of the City Trust Fund. 8. Continuing our marsh island sustainability research. Funding Requested (see breakdown on attached spreadsheet) Program Area Grant LRNow Volunteer Total Program Request Matching and Intern Cost Funds Match General Overhead Expenses $ 8,000 $ 34,800 $ 42,800 Pearl Faith Communities $ 61,549 $ 34,900 $ 12,000 $ 108,449 Program Pearl Schools Program $ 55,371 $ 65,700 $ 30,000 $ 151,071 Restoration Projects $ 89,480 $ 35,400 $ 22,000 $ 146,880 Advocacy $ 24,440 $ 17,560 $ 5,000 $ 47,000 Pearl Business Program $ 43,160 $ 14,840 $ 10,000 $ 68,000 ANNUAL COST $ 282,000 $ 203,200 $ 79,000 $ 564,200 7 K. PLANNING 1. ESTATE OF JAMES M. BOYCE BY SHARON SIMON (EXECUTRIX), for a Variance to Section 4.4 (b) of the Subdivision Regulations re single family dwellings at 4472 Lee Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. ANN RIGGS HENLEY / RICHARD RIGGS for a Variance to Section 4.4 (b) of the Subdivision Regulations re two lots at 3120 Colchester Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. OCEAN BREEZE HOLDING, LLC for a Modification of Condition No. 8 re outdoor recreation for musical events at 849 General Booth Boulevard DISTRICT 6—Beach RECOMMENDATION: APPROVAL 4. FRANKLIN JOHNSTON GROUP MANAGEMENT / DEVELOPMENT, LLC. / ABP VA, LLC for Conditional Change of Zoning from I-1 Light Industrial to Conditional A-36 Apartment District at 200 Price Street re the Pembroke SGA Plan DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. OCEAN BAY HOMES, INC. A VIRGINIA CORPORATION/3744 SHORE ASSOCIATES, LLC for: a. Conditional Change of Zoning from B-2 Community Business to Conditional B-4 mixed use re the Shore Drive Overlay to consolidate parcels for residential use b. Conditional Use Permit re multiple-family dwelling at 3736 / 3744 Shore Drive c. Comprehensive Plan: Suburban Focus Area 1, Shore Drive Corridor, proposal for eight units DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. DONNA HOUSE / NORTHAMPTON EXECUTIVE CENTER, LLC for Conditional Use Permits re tattoo parlor at 1300 Diamond Springs Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH An Ordinance to AMEND Sections 1001 of the City Zoning Ordinance (CZO)pertaining to Fiber-Optic Transmission RECOMMENDATION: APPROVAL r�`xw ACy47 14 C sR J Sj �.Mwm ,4s 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,November 15,2016 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 4-BAYSIDE Donna House/Northampton Executive Center, LLC Conditional Use Permit (Tattoo Parlor) 1300 Diamond Springs Road(GPIN 1469115141) DISTRICT 4-BAYSIDE Estate of James M. Boyce by Sharon Simon,Executor Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations. 4472 Lee Avenue (GPIN 1570701909) DISTRICT 7-PRINCESS ANNE Ann Riggs Henley & Richard Riggs Subdivision Variance to Section 4.4(b) of the Subdivision Regulations. 3120 Colchester Road(GPIN 2423317404) DISTRICT 4-BAYSIDE Franklin Johnston Group Management &Development,LLC/ABP VA(Virginia Beach), LLC Conditional Rezoning (I-1 Light Industrial to Conditional A-36 Apartment District) 200 Price Street (GPINs 1467826848, 1467827852, 1467931171, 1467828964, 1467925752) DISTRICT 4-BAYSIDE Ocean Bay Homes, Inc., a Virginia Corporation/ 3744 Shore Associates, LLC Conditional Rezoning (13-2 Community Business to Conditional B-4 Mixed Use (Shore Drive Overlay)) Conditional Use Permit(Multiple-Family Dwellings) 3736 & 3744 Shore Drive (GPINs 1489399034, 1489490053) Comprehensive Plan: Suburban Focus Area 1:Shore Drive Corridor. Proposal for 8 units(density of 14.29 units per acre). DISTRICT 6-BEACH Ocean Breeze Holdings, LLC Modification of Conditions (Outdoor Recreation Facility)849 General Booth Boulevard(GPIN 2416752982) CRY OF VIRGINIA BEACH An Ordinance to Amend Section 1001 of the City Zoning Ordinance pertaining to Fiber-Optic Transmission Facilities All interested parties are invited to attend. Ruth Hodges Fraser,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at ht n:;/www.vb ov.corn/i . For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: OCTOBER 30, 2016 & NOVEMBER 6,2016 .• "•-_.j - .. _ -__ ri---- .--- , ' -------... :::-.-"-- , -, .,--- , ,...__•60 .-------1-44"_ t ----1 - iT 11111 i., - •• i . _ _ Ili Ce 1______..jr5 r „ 1 1 / 11 .- ____ -____,........., ----7 O ---- , , D ft __I ... ------),__ ., [-. $ ,-, . , r__ Cel • 3 , 4 , . .__ ,/ .„----- 0 IX . -------- , : - M 1 i. . __ 7_ _____ 1 _ , __ 1 i _ __ _.. 1 r' __ , _ .. 1i co -1 __ ----___ .,._ . wi le i 2•,..,.. L._ itimi I_ i ____• i . ___ _ _ --- ,, i --_,,,, ........____, . 1 ___... )..., - ._. / i In: _____ _ ------ oao i / / l', I ---7 ix-- ---- i i . ! 1 / :----_ ___ / i 1 , ,___ .__..______. , .-____ .11 ____ ...., . { 1 _ _ _ . _ e, ____ i . ------ r----, - / 1 i :_,, , ,, GNU C / rtl f0 >> }c sf 4� _ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ESTATE OF JAMES M. BOYCE BY SHARON SIMON, EXECUTRIX [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 4472 Lee Avenue (GPIN 1570701909). COUNCIL DISTRICT— BAYSIDE MEETING DATE: November 15, 2016 • Background: In 1985, the subject parcel was created by a re-subdivision that incorporated half of the adjacent lot (formerly Parcel 17)with the entirety of Parcel 18, thus creating the existing Lot 18-A. The applicant proposes to subdivide the subject 36,597 square-foot parcel into two parcels for the purpose of constructing a single-family dwelling on each. The property is currently zoned R-10 Residential District. The parcels are proposed with approximately 16,300 square feet of lot area, exceeding the minimum requirement of 10,000 square feet set forth in the Zoning Ordinance. The minimum lot width requirement for parcels in the R-10 Residential District is 80 feet. Both of the proposed parcels will be 75 feet in width, thus a Subdivision Variance to lot width is requested. • Considerations: The layout and design of the surrounding neighborhood is a mix of parcels that range in size from approximately 4,900 square feet to 43,200 square feet. While flag lots exist throughout the neighborhood, it is Staff's opinion that the proposed layout is far superior and fits in with the general character of the neighborhood than the typical flag lot configuration that has been more recently approved. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. Estate of James M. Boyce by Sharon Simon, Executrix Page 2 of 2 1. When subdivided, the property shall be subdivided as shown on the submitted preliminary plat entitled "RESUBDIVISION OF LOT 18-A RESUBDIVISION OF LOTS 16, 17& 18, BLOCK 2 AMENDED MAP CHESAPEAKE SHORES M.B. 187, PG. 43" dated June 15, 2016, and prepared by Stephen I. Boone & Associates, P.C., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 2. When the property is redeveloped, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on the thirteen (13) photographs in the "Proposed Dwellings Photographs" exhibit attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• • e• . •ency: Planning Departm.44 City Manager: Applicant & Property Owner Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item Public Hearing October 12, 2016 c yjj City Council Election District Bayside 9 Virginia Beach Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 4.,„„ eA.� Staff Planner �e I Jimmy McNamara Lo`dp� x`c P i eA Oce eW ' �e ao,. 0 y ,, Location = _° G (0,4 �,,e 4472 Lee Avenue m 4''''4 te eet� o�d s.,,,,,,„8G P I N '44Orlve Co•on,,,u, ,4„e)oe . ay or% 'k4e Or nee 1570701909 Me�4e Or(ve Site Size z` Bar°„%R�� 32,597 square feet t a ' o e S AICUZ 3� v Less than 65 dB DNL �c�e�our` ��''' °� � �P Be e fake Bradlord fane 3 Rid '7 G,,,,,, BOad 7f Greenwell Road 0 Existing Land Use and Zoning District Single-family dwelling/ R-10 Residential (Shore Drive Overlay) 7. c '�' z:. ~� SurroundingLand Uses and ZoningDistricts • tlei '1 f' ` North 41 rf .. a 4 , ,'' is it , `i 4 Multi-family housing/ R-5R Residential Resort + at t (Shore Drive Overlay) a t r( ►A * �� '` South ^ F ; -. 4 1p; . Mr Lee Avenue r a Single-family dwellings/ R-10 Residential (Shore � � le � : A Drive Overlay) f �� r Jib- 4. East � ; ` � fri Single-family dwellings/ R-10 Residential (Shore - ' - r` 1 Drive Overlay) - r West Single-family dwellings/ R-10 Residential (Shore Drive Overlay) ! �s ' `� �- .I"`" *.it,.. ,. Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 1 Background and Summary of Proposal • In 1985,the subject parcel (18-A)was created through a resubdivision that incorporated half of former Parcel 17 with the entirety of Parcel 18. • The applicant proposes to subdivide the subject 36,597 square-foot parcel into two parcels for the purpose of constructing a single-family dwelling on each. • Both proposed Parcels 18-A-1 and 18-A-2 are approximately 16,300 square feet in area will exceed the minimum lot area requirement by over 6,000 square feet. GUa +1) cb, / I cb 7jr-j— etr 18-A.2 7 7 _ dee Avenu e • The minimum lot width requirement for parcels in the R-10 Residential District is 80 feet. Both of the proposed parcels are 75 feet in width, and thus require a Subdivision Variance. Required Proposed Parcel 18-A-1 Proposed Parcel 18-A-2 Lot Width in Feet 80 75* 75* Lot Area in Square-Feet 10,000 16,284 16,313 *A Subdivision Variance is required for lot width. Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 2 / !,,,B4 �` sR Zoning History /: / ' r.� ° �'� , # Request R-5R lv 1 SVR Approved 09/09/2003 i* C3 m 2 NON Approved 05/05/2015 L �3 ! qp R-10 3 REZ(B-1 to R-SR)Approved 01/11/2000 / R- Application Type 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 in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Planning policies that apply to this request include improving the land use compatibilities, avoiding over- commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp. 1-70& 1-71) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic No Count Data 6,200 ADT'(LOS 4"C") Existing Land Use 2-10 ADT Lee Avenue Available 9,900 ADT (LOS' "D") Proposed Land Use 3-19 ADT 'Average Daily Trips las defined by a single- Sas defined by two single-family 4 LOS=Level of Service family dwelling dwellings Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 3 Public Utility Impacts Water There is an existing six-inch City water main along Lee Avenue. All lots must connect to City water via a single and exclusive water service line. The existing 5/8-inch water meter(City ID#95038764) may be used or upgraded to accommodate one of the proposed parcels. Sewer There is an existing eight-inch City sanitary sewer gravity main along Lee Avenue. All lots must connect to City sewer via a single and exclusive sanitary sewer lateral. Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. This Subdivision Variance is requested to allow the applicant to create two lots for the purpose of developing two single- family dwellings. The layout and design of the surrounding neighborhood is a mix of parcels that range in size from approximately 4,900 square feet to 43,200 square feet. While flag lots exist throughout the neighborhood, it is Staff's opinion that the proposed layout is far superior and fits in with the general character and layout of the neighborhood than the typical flag lot layout. Staff finds this request to be consistent with the recommendations of the Comprehensive Plan for Suburban Focus Area 1—Shore Drive Corridor by promoting compatible infill development at a density consistent with the surrounding area. Staff has requested that the applicant provide elevations of the proposed dwelling units to ensure high quality design and materials. The applicant has provided multiple photographs indicative of the architectural style and building materials intended for this site. Based on the findings above, Staff recommends approval of this request subject to the conditions below. Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 4 Recommended Conditions 1. When subdivided, the property shall be subdivided as shown on the submitted preliminary plat entitled "RESUBDIVISION OF LOT 18-A RESUBDIVISION OF LOTS 16, 17 & 18, BLOCK 2 AMENDED MAP CHESAPEAKE SHORES M.B. 187, PG. 43" dated June 15, 2016, and prepared by Stephen I. Boone &Associates, P.C., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 2. When the property is redeveloped, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on the thirteen (13) photographs in the "Proposed Dwellings Photographs" exhibit attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 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. Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 5 Proposed Subdivision Plat NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY HAYDEN I. OUBAY CHESAPEAKE BAY COMMONS, LLC JOHN D. HUES SHERRI D. DUBAY CYNTHIA J- CULLEN-HUES D D 3023 P. 1756 I.N. 20080429000495060 LOT 1-B LOT 2 I.N. 20111207001251650 BLOCK 2 WESTERN 1/2 OF LOT 3 BLOCK 2 M.B. 8 P. 82 BLOCK 2 M.B 117 P. 13 GPIN 150-71-1159 M B. 8 P. 82 GPIN. 1570-71-0157 GPIN 1570-71-2114 S74.16'14"E 150.00 (FTELD)(TOTAL) PINS) .67'0O'00`E 15000'QPLAT)(TDTAL) PIN(F) • 75,00' 25 00' 5000• NOW OR FORMERLY -- LOT B-A DORINA CONGIUNTI &0 2 06 0 6 3188 P- 443 ( W 157 70-1909 NORTHERN 83.9' OF LOT 19 BLOCK 2 __40- � - M B. 8 P. 82 GPIN. 1570-61-9098 71 i PROPOSED PROPOSED o 0o 18—A-1 - 18—A-2 NOW OR FORMERLY 0 P. 16,284 50 FT n W 13 J JOHN M. STEWARD. JR. t 16,313 S0. Ft w -, 0.374 ACRES 0 374 ACRES G a N 0 B 2374 P. 1282 io o h o LOT 16-A-2 BLOCK 2 n m - PROPOSED N m IN 2003120B0203444(PLAT) N ," PROPERTY N CNN 15.1-71-2071 b'''' n LINE 3 3 g NOW OR FORMERLY i o n 4 JAMES E. RAMSEY :4' S) ~n n N PRUDENCE A. RAMSEY i Z r H I.N 20150227000161660 1A SOUTHERN 133.9' OF LOT 19 - BLOCK 2 M B. B P. 82 GPIN 1570-60-9987 100 00' TO SEA VIEW A ENUE ,c nn , 25_00' PINS) N74'19'07`W 150 00' (FlELD)(TOTAL) PIPE(F) \ N 3.500,898 1383 N67"00'00"W 150 00' (PLAT)(TOTAL) N 3,500.857 5951 E 12.176,992 7876 E 12.177,137 2045 LEE AVENUE (50' R/W) M.B 187 P 43 Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 6 Proposed Dwellings Photographs r400.0000:::_. - r 4 0 - 1 , III .,..i..- , , L L i - . — .... I 0:4„, . ,„ .,. .,.,........ F.......„.. . , . ,. ----- 1 - , II, .. . ic ....51 . ."•1 ra !. ., ! .. 1 ir... -;,-- - • Ob.:1 • . - 4,- -- . , Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 7 Proposed Dwellings Photographs 0 _:::,;,..A:_.„,,,:..;,..-.: ..,,,,,,../:__4, 1 S LL...� ., ., . iiesot,r ''Il 11.4" f''tiR I' t'k; Y3 1 111'1 'I, ir , ,. ,...... , ...., ..-,-1 : , ,; 1111,,. . ,. _ . -,!-- -- ,- _ ':. ...,. pry u ." ��: •_ .... , „.. .,,, ,.. ... Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 8 Proposed Dwellings Photographs , 5,s, v t 1 II Ili, »- r • } S, V fie' 4 ' T S� i. pr1 r .te ._ __ om. Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 9 Proposed Dwellings Photographs ,..1a Ii i 1, Illi , b ...,„0,............, Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 10 Existing Plat I !-B ' 2 I 3 4• ! 5 __ $67°00'00"E 300Ir. .00' = -- 150.00' ."y— 150.00 I W Z z W m 18-A o 0 16-A 8 Q N H Ul 0 N F- .1 W o 3 m o. m N. 2 8c ¢ o = ° k` _ + .~-. V NN - z z 19 W ; W 8 8 $ z < z 8 ° 0 U M N o CI el cc y Q Z �fll WA / v, I- 150.00' —I. 150.00 '11 100.00` N 67°00'00°W 300.00' LEE :.i;>>:,.(5o4R/WN`..,' ;r AVENUE Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 11 Site Photos % =}4.'. •- t 1. Kra.: r'Sr y '� .n . .t. .. ;fir , + i •. u �. Ath.r .. I `x t t t� w - . ,Li',, *.,:'4,, ',',,,'"..,„0.:,.!...,..r„ .,;.„ , -,,,k, • .:` : ,:,;,:' , ,-, ' ; C'' '7 „`z.s.. •.: C 4 •'4 '� !: _` ,,.tet ,. IA *' 4 A I } 44 III i JI t `K' 2 ` -. Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 12 Disclosure Statement ri\B Virginia Beach APPLICANT'S NAME Estate of James M. Boyce, Sharon Simon, Executry DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 j Planning Commission and City Council meeting that pertains to the application(s). Cl APPLICANT NOTIFIED OF HEARING DATE. /) NO CHANGES AS OF DATE. I i/tl/i 6 !,/y`'I Jimmy McNamara REVISIONS SUBMITTED DATE Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 13 Disclosure Statement I1/4/3 Virginia Beach X Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Estate of James M. Boyce by Sharon Simon, Executrix 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) 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. 0 Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. I ( Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 14 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 entitles. 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 Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 15 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) UI n Accounting and/or preparer of Maria G.Reich,On Call Accountants IT your tax return Inl Architect/Landscape Architect/ f/ `, Land Planner Contract Purchaser(if other than IXi the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 1 LJ Construction Contractors Inl n Engineers/Surveyors/Agents Ga Pheg I. eyor a£cEngineers, a up urveyors ngineers,s Ltd. Financing (include current XI mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ The Real Estate Group n - 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 n z 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 Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 16 Disclosure Statement Virginia Beach 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for 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. Estate of James M.Boyce 5 c C47-2 Sharon Simon, Executrix 8/1/2016 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Estate of James M. Boyce by Sharon Simon, Executrix Agenda Item 9 Page 17 Item#9 Estate of James R. Boyce by Sharon Simon, Executor Subdivision Variance 4472 Lee Avenue District 4 Bayside October 12, 2016 REGULAR Jeff Hodgson: We will now address the remaining items. I will ask the Secretary to call the first item. Jan Rucinski: The first item I have to be heard today is the Estate of James M. Boyce by Sharon Simon, Executor,which is an application for a Subdivision Variance to Section 4.4. (b) of the Subdivision Regulations on property located at 4472 Lee Avenue, District 4, Bayside. Is there a representative for this application? Eddie Bourdon: Thank you Ms. Rucinski. Eddie Bourdon, a Virginia Beach attorney representing the applicant. This was semi on consent so I will be brief. The subject property contains 32,500 square feet, zoned R-10,with only 150 feet of frontage versus 160 feet of frontage, which is why we are here. The interesting thing to note in addition to having more than three times the square footage of R-10 zoning, is that the properties were in Princess Anne County. It was a popular area. A lot of development occurred before we even had a zoning ordinance. It is a dense area over there off of Chesapeake Beach and Lookout Road and it is mixed use,which it is not suburban. We have some longtime residents in various astute residents who recognize the fact that we have B-1 Zoning, B-1 Zoning, R-5R Zoning, R-5R, R-5R, R-5R. All of these 5,000 square foot lot zonings. We have seven apartments on one parcel that is less than, maybe less than, 10,000 square feet, but it doesn't contain the required footage for R-10. It is on Lookout Road, not in here. We have,this area here,that is transitional. We also have two houses here, built before the zoning was attached to this property. Two houses were on this parcel before the zoning was attached to this parcel. They go way back,decades and decades ago. There is no intervening street,alley, body of water, anything whatsoever between the R-5 and the R-10. The folks who live out here recognize the obvious potential that we could assemble these properties, rezone them to R-5.What is to stop somebody? They don't want that to happen.That is why they want to keep the 10,000 square foot minimum lot size. They aren't concerned about there being a little bit more density. And that is why we have all of these variances. And this lot actually, I believe, has about 160 feet of frontage.There is an astute group of very,very neighborhood minded people who live here,who have lived here for decades, and they and the civic league support not having the zoning changed, and support the additional density because we're talking about two lots that have 16,000 square feet in them,and they are five feet short on lot frontage.That is all. And,that character of the area is better served by doing this than by doing additional flag lots,which there are dozens of them, and that's the reason. We don't have the manpower to go in there and try to have all the deeds, and say,we need to create a zoning category that will allow 15,000 square foot lots that are 75 feet wide, instead of 80 feet per 10,000. It is just common sense.That is why you folks are here, and that is why this community supports this application with no opposition whatsoever. And,that's the best answer that I can give you. In terms of there being not only a hardship but an application that is consistent with and supports retention of the character of this area,which is what the community. That is why they don't oppose it to what we're proposing to do. I think that is an important factor to weigh. I think the hardship is Item#9 Estate of James R. Boyce by Sharon Simon, Executor Page 2 because you have properties that were developed before there was even zoning.You have properties that zoning was placed on that are much larger than the zoning, in terms of square footage requirements. We didn't tailor make the zoning for the lots that are there. And that is the explanation that I can give. I hope it is sufficient. Jeff Hodgson: Are there any questions for Mr. Bourdon. I don't believe we have any other speakers on this. Jan Rucinski:There are no other speakers on this application. Jeff Hodgson: Would you like to have a rebuttal on yourself Eddie? We will close the public hearing and open it up for discussion amongst the Commission. Mr. Redmond? Dave Redmond: First off, don't tempt him with that. Second, I'm entirely comfortable with his explanation I heard this morning in the side bars. So, I agree with him and unless anybody has an objection, I'm prepared to make a motion. Jeff Hodgson: I think your questions this morning were very valid in trying to define what a hardship is. I mean the explanation was very good this morning. Thank you for starting that. Is there anybody else? Mr. Redmond? Dave Redmond: Mr. Chairman, I move approval of the application. Mike Inman: Second. Jeff Hodgson: A motion made by Commissioner Redmond and seconded by Commissioner Mike Inman. 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 Edward Weeden: By a vote of 11-0,the Commission has approved the application of Estate of James Boyce. Jeff Hodgson: Thank you. N r i ii a.. „. 1),,, NN / ..., ,_, Q ., 7 ... T •. ....,,,,.., ..... _ V 1/4..11/4,(119117-.11 � ( 3'' :I°k:111: . (.1 h... NISIND:g rJ ... ,...41. „11S‘ " r 4 d N • :1r ti a W � th \ 4r” • 1 i• fr r C. r °6 L,7 � si (`�`�LVNJ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANN RIGGS HENLEY & RICHARD RIGGS [Applicant/Owner] Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations. 3120 Colchester Road (GPIN 2423317404) COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: November 15, 2016 ■ Background: In 2004, a Subdivision Variance request was granted that created a three-acre parcel from this now 54-acre property. The three-acre site is not part of this application. The applicant is pursuing this request in order to carry out the wishes of the settlement of a family estate. Specifically, the applicant proposes to subdivide the 54.07-acre site into two lots, a 1.77-acre lot and a 52.3-acre lot. The proposed 1.77-acre parcel, Lot A-3, will include the existing single-family dwelling. The residual 52.3-acre parcel, Lot A-4, will remain under cultivation, as the family intends to continue agricultural operations on the majority the property, and no new dwellings are proposed. In fact, a note will be added to the plat stating that the property will not be a building site. A Subdivision Variance to both lot width and lot area is requested for each proposed parcel, as over 50 acres of the 54-acre site is within the Floodplain Subject to Special Restrictions (FSSR). The Zoning Ordinance prohibits land within the Floodplain Subject to Special Restrictions from counting towards meeting both the lot area and lot width requirements. • Considerations: In Staff's view, the granting of the Subdivision Variance requests to both lot area and lot width for the two proposed parcels will not change the character or the appearance of the landscape as one travels along Colechester Road. Based on this, the request is believed to be consistent with the land use policies in the Comprehensive Plan for the Rural Area. Technically, both lots will have zero lot width along the right-of-way due to the presence of the FSSR; however, Lot A-3 is proposed with physically 260 feet along Colechester Road, and Lot A-4 is proposed as a 20-wide flag lot that serves as the access to the 52 acres that will remain under cultivation. In addition, both lots as proposed will technically be below the minimum lot area requirement of one-acre, as Lot A-3 is proposed with 0.57 acres outside of the FSSR and Lot A-4 is proposed with 0.47 acres outside of the FSSR. It should be noted that the proposed parcels will physically contain Ann Riggs Henley & Richard Riggs Page 2 of 2 1.77 acres and 52.3 acres, respectively. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. The subdivision of the Parcel shall be substantially in accordance with the submitted subdivision exhibit entitled, "PRELIMINARY RESUBDIVISION OF PROPERTY OF FRANCES MOYER RIGGS (Instrument No 20160520000426770)" dated June 23, 2016, and prepared by Stephen I. Boone & Associates, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. A note on the plat shall indicate that Lot A-4 is a non-buildable parcel. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep- - ' ent/Agency: Planning Department $ 12-0T-----* City Manager: 0 Applicant and Property Owner Ann Riggs Henley & Richard Riggs Agenda Item 'NB Public Hearing October 12, 2016 City Council Election District Princess Anne 5 Virginia Beach Request n �. Subdivision Variance (Section 4.4(b) of the 3 Subdivision Regulations) 3 A s 9. Staff Planner Jonathan Sanders 1101pir Location 3120 Colechester Road GPIN 2423317404 Site Size 54.1 Acres AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Single-family dwelling, cultivated fields/AG-1 & AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwelling, farm, marsh/AG-1 & AG-2 Agricultural - - t South Single-family dwelling,farm/AG-1 &AG-2 Agricultural g4 East Back Bay/P-1 Preservation West / Colechester Road Single-family dwelling/AG-1 &AG-2 Agricultural f Ake Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 1 Background and Summary of Proposal • In 2004, a Subdivision Variance request was granted that carved out a three-acre parcel from this now 54-acre property. • Due to the settlement of an estate,the applicant is proposing to subdivide the 54.07-acre site into two lots, a 1.77-acre lot and a 52.3-acre lot. The proposed 1.77-acre Lot A-3 will include the existing single-family dwelling. The 52.3-acre Lot A-4 will remain under cultivation and a note will be added to the plat stating that the property will not be a buildable site. • A Subdivision Variance to lot width and lot area is requested to create both Lots A-3 and A-4, as much of the parcels' land area is within the Floodplain Subject to Special Restrictions (FSSR).The Zoning Ordinance does not allow area within the FSSR to count towards meeting either the lot area or width requirements. • Proposed 1.77 acre Lot A-3 has 24,983 square feet outside of the FSSR, lacking the minimum one-acre lot requirement for agricultural districts. Proposed 52.3 acre Lot A-4 has 17,792 square feet outside of the FSSR, also lacking the minimum one-acre lot requirement for agricultural districts. Therefore, a Subdivision Variance is requested for lot area. • At the 50 foot front yard setback, where lot width is measured, the proposed lots are impacted by the presence of the FSSR, and as such, Subdivision Variances are requested to lot width. Proposed Lot A-3 will physically have approximately 260 feet of width along Colechester Road; however, due to the location of the FSSR the lot width is technically zero. Proposed Lot A-4 will physically have only 20 feet of width along Colechester Road, rather than the required 150 feet, and is also within the FSSR. Based on these circumstances, a Subdivision Variance to lot width is necessary for this site. Required Proposed Parcel A-3 Proposed Parcel A-4 0 feet of frontage due 0 feet of frontage due to Lot Width (feet) 150 to floodplain* floodplain* 24,983 outside of 17,792 outside of 1 Lot Area (square feet) 43,560 floodplain* floodplain* *A Subdivision Variance is required for lot width and lot area. 1 \ I AG-' P *.- � Zoning History ' A AG-2 G 1 ' # Request r/% //� P-1 1 SVR Approved 09/14/2004 2 CUP(Three-lot Subdivision)Approved 02/08/1994 r-- No c\17—"\-.._ ,------ 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 Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area.The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. An important objective of the Plan for the Rural Area is to protect and sustain all of our valuable environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. (p. 1-120) Natural and Cultural Resources Impacts The property is within the Southern Rivers watershed and adjacent to Back Bay. Over 50 acres of the overall 54-acre site is located in the Floodplain Subject to Special Restrictions. Much of the property is under cultivation. No new development is proposed. There are no known significant cultural resources on this site. Public Utility Impacts Water & Sewer This property is not served by City water or sewer. Private wells and septic systems must be approved by the Health Department. Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Based on the directives of the applicant's late mother, a Subdivision Variance is requested in order to create two lots on this 54-acre site.The applicant has indicated that the property will remain as it exists today—with one single-family dwelling on one 1.77-acre lot and the remainder of the property under cultivation on the residual 52.3-acre lot. The Zoning Ordinance specifically excludes property within the FSSR from counting towards meeting either the minimum lot area or lot width requirements. Neither proposed Lot A-3 nor Lot A-4 will meet these minimum Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 3 requirements due to the location of the FSSR on these sites, thereby necessitating Subdivision Variances in order to create these parcels. Due to the presence of the FSSR, both lots will be below the minimum lot area requirement of one- acre, with 24,983 and 17,792 square feet respectively, and will technically have zero feet of frontage along Colechester Road, rather than the 150 feet of width required. The proposed Subdivision Variance requests to lot area and lot width for proposed 1.77-acre Lot A-3 and 52.3-acre Lot A-4 are consistent with the land use policies for the Rural Area of the Comprehensive Plan. Staff recommends approval of these requests subject to the conditions below. Recommended Conditions 1. The subdivision of the Parcel shall be substantially in accordance with the submitted subdivision exhibit entitled, "PRELIMINARY RESUBDIVISION OF PROPERTY OF FRANCES MOYER RIGGS (Instrument No 20160520000426770)" dated June 23, 2016, and prepared by Stephen I. Boone &Associates, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. A note on the plat shall indicate that Lot A-4 is a non-buildable parcel. 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. Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 4 Proposed Site Layout coavEs(E.R" a b Qo •ca. ti) 1 ,Y igd N n n G N e44 .4 ,&Z:Ni py rc o 5� 1- >,) - <Nt. S{ SC g 5 100 Z 3 Z S_,„,„ SS> a�..�Z& 0 6 a s o }0 �u.N Y K in w"" s s3� <W s �� C. ti Wo .>. 71.„ Y<� m 1 di 8$b-a ` ; z o o O o c i it . a V� orkNo 5 Dm`�W I N Y m W �z /vj VNL"NSXX z h yi iyJ a 6'< 7. --:"-.4062:. _ .A ?!l0§5S1S>8$a I z C n W O VI Z 6 5 rv> o1% '6 0 ` V aWZ6Z' 6 - 6 ik Z 5,.. w :•!.1;.•":.—e.,.:-;' _A ; 1-g ffs v Y ai gAtt6.41 Z 812 h 11 �l Yy'RUS g!,.• u P �A W 111 XX9116.Z. i i <a t. _ 1 dQi '.- s `NQS i Q gflii /561 Jill .e,-9-9, M.,c.f0.1L N 12-yl N§ 4 Ill a g aR ` o0 71> • s.. iiiiiiisia. M .11fJ; QC ,. a M i ► N 1 6. W UJ .rr a9[ : d .- NI.,./r[ 0 £�£"w g N Y Y a is 11r ;5 N 3.9.,�sf[S z bt a E 0 g Cil Q i I v�55 Vt. � 'clAti J i 3 Val ap U 1.11 m 6,11' Z �iO1W1QI '� �n N toSt ST yyah�a oq�4j 4:`i' iURO~ g ` n':iY.ry dff z� > loatm. 4 f N� a ✓ a� o bN p z $ s 11 i 1 =o v Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 5 Proposed Site Layout C L7— kr) 0 ,f) 0.) CC •— U 0 (1) a) 0 -a C 4- a) ea ,e) 0 CL L.) -CS 0 0 cn (i) .ro r• CL rsi -0 o_ 0 0 u_ <I ea ( r•-• -o o_ 0 CT_ Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 6 Site Photos --- - 4P , .., ,...,••• ,....-„.,,,, 4404,„. I. — , ,• .1, , , • V • ,O. .•,"''''''''''', . -''':'.(1'e ' ' - • ` • $ • I i '''..t. ,, .... -'' • . • . , ., (..„4, .., .: „,, '' 1* 21„.4.:A"..41" 4„., ,"? :',' •,' ,,,k '?gilt ...,' Prit),:4trI*4;e.. •..° 4:at-I ''1T4'1,, yatir''';:e ,i 0, - ., .,.. 'it, • .41 FQ101". :1,` , It', . ,i.... , - : , .-..:4., .,i . * : "4",,; ' -' • . * .i. i'..--• r . .. , ..,.. . 'el., ''''''•— .411, ''' 4 - 1/4- .,.,_Aki..' ' :40A-1- - t ..,, ,. , . . • .- -.,... . •- 4110111011hit,iag .1,tidios,,Aiiiiiii. iiiiiiiffillOW.,. ' '4dr .. . 1. .... - * , . Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME hh131s '�e I- * FL- 3p DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property /Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two 121 weeks print to any Page 1 of 7 Planning Commission and City Count ii meeting that peitams to the applications APPLICANT NOTIFIED OF HEARING DAl E: (I" NO CHANGES AS OF DATE i I/2A b IS Jonathan Sanders o REVISIONS SUBMITTED DAI E. Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 8 Disclosure Statement WI-we Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: .zZ.S1- = { A -_• ` �Lti c\1. If an LLC, list all member's names: \ If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business, or other unincorporated organization. UCheck 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:_1Z�,rte_ \fie�� h��c CAS If an LLC, list the member's names: Page 2 of 7 Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 9 Disclosure Statement t`vy w` 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 t 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 entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (Ill) 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 Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 10 Disclosure Statement Alf3C.11•40 APPLICANT 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(jf 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 Gallup Surveyors,Stephen I.Boone& ❑ Engineers/Surveyors/Agents Associates, P.C. Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) �� ❑ Legal Services William Cox,attorney Real Estate Brokers/ ❑ 'j' Agents/Realtors for current and anticipated future sales of the subject property 0 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 Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A. .lication. ,y g( tpac\h ds 7/14/40i4 APPLICANIIG ATUkE ` PRINT NAME DATE Page 5 of 7 Ann Riggs Henley& Richard Riggs Agenda Item 5 Page 12 Item#5 Ann Riggs Henley& Richard Riggs Subdivision Variance 3120 Colchester Road District 7 Princess Anne October 12, 2016 CONSENT An application of Ann Riggs Henley& Richard Riggs for a Subdivision Variance to Section 4.4(b)of the Subdivision Regulations on property located at 3120 Colchester Road, District 7, Princess Anne. GPIN: 2423-31-7404-0000. CONDITIONS 1. The subdivision of the Parcel shall be substantially in accordance with the submitted subdivision exhibit entitled, "PRELIMINARY RESUBDIVISION OF PROPERTY OF FRANCES MOYER RIGGS (Instrument No 20160520000426770)" dated June 23, 2016, and prepared by Stephen I. Boone & Associates, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. A note on the plat shall indicate that Lot A-4 is a non-buildable parcel. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 5 for consent. Al Henley appeared before the Commission on behalf of the applicant. [ ,._,-c;V:47.7, ii, `?,, ;'� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN BREEZE HOLDINGS, LLC [Applicant & Property Owner] Modification of Conditions (Conditional Use Permit approved by City Council on June 23, 1986 and modified in 1990, 1991, 1992, 2003 & 2011) 849 General Booth Boulevard (GPIN 2416752982). COUNCIL DISTRICT - BEACH MEETING DATE: November 15, 2016 • Background: A Conditional Use Permit for a Recreational Facility of an Outdoor Nature was approved by the City Council in 1986 and subsequent modifications to the overall park occurred in 1990, 1991, 1992, 2003, and 2011. The applicant is requesting to modify the condition that restricts the height of structures to 35 feet in this section of the waterpark. Specifically, the request is to replace an existing waterslide with a new 95-foot tall waterslide. • Considerations: The subject parcels are located within the Entertainment and Education Center Areas of the Virginia Aquarium and Owls Creek Area Master Plan, adopted by reference as part of the Comprehensive Plan. In Staffs opinion, the request is consistent with these plans, as the proposal offers outdoor recreational activities for Virginia Beach residents and visitors to our City. The request complements Virginia Beach's recreational programs and the resort hospitality industry. The conditions approved in 1986 and subsequent modifications from 1990 through 2011 for this portion of the waterpark have been updated in the Staff report. As a result, the applicant requested an adjustment to the existing condition regarding the number of musical events permitted per year. According to the applicant's representative, musical events are offered as part of admission to the park and requested that the limitation of four per year be removed. The Staff and Planning Commission agreed that the change would not negatively impact surrounding properties; therefore, the modification as recommended is depicted in Condition 8 below. Further details pertaining to the application, as well as Staff's evaluation of the request, are provided in the attached Staff report. There was no known opposition to this request. Ocean Breeze Holdings, LLC Page 2 of 3 1. All conditions attached to the Conditional Use Permit granted by the City Council on 6/23/86 and the subsequent modification of conditions granted on 2/26/90, 4/23/90, 6/11/1991, 11/26/91, and 4/14/1992 shall be deleted and replaced with the conditions below. 2. All drainage improvements shall be designed to minimize runoff into Owls Creek and its tributaries through the use of on-site stormwater management facilities. Porous pavement material for all surface-parking areas shall be required, provided that the underlying soil is suitable. Riprap shall be used at all outfalls, unless otherwise approved by applicable City Staff. 3. Recreational use of Owls Creek shall be prohibited from this site. There shall be no boating on Owls Creek associated with this operation. 4. Pedestrian access to properties zoned P-1 Preservation District shall be limited to only the pedestrian bridges and the scenic overlook. 5. All lighting shall be low level and directed toward the interior of the park. 6. There shall be no public address system other than for background music and emergency announcements. 7. Mechanical rides and other activities shall only operate between the hours of 10:00 a.m. to 12:00 midnight. No motorized rides or noise disturbing activities shall be permitted after 12:00 midnight. 8. Musical events shall a •• _ e e . e _ . -e shall conclude by 11:00 p.m. Any temporary stage and speakers shall be oriented away from Owls Creek and shall be removed within 48 hours of the conclusion of such an event. 9. The waterslide depicted on page 7 of this report shall be located in substantial conformance with that exhibit, shall be no taller than 100 feet, and shall be subject to Section 202 of the Zoning Ordinance. 10. Existing healthy, mature trees on the property shall be preserved to the maximum extent possible. 11. No freestanding sign shall be permitted with the public rights-of-way, unless otherwise authorized by the City Council or by the Department of Public Works, as applicable. • Recommendations: The Planning Commission placed this item on the Consent Agenda with the modified Condition 8, passing a motion by a recorded vote of 11-0, to recommend approval of this request. Ocean Breeze Holdings, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting DeOrt en = •ency: Planning Departme City Manager: s Applicant & Property Owner Ocean Breeze Holdings, LLC Agenda Item Public Hearing October 12, 2016 City Council Election District Beach 7 Virginia Beach Request Brooklyr,A.nuP 1, Modification of Conditions (Conditional Use ad' an I Permit approved by City Council on June 23, `^PZ' 1986 and modified in 1990, 1991, 1992, 2003 & BeUSg .Na ao� ebWS' ad 2011) ai 9�Sreet r 3 Staff Planner �' 70.75 dB DNL Robert Davis >sdsD �� i W1 rs.°g4,ue 6m St,,,,,, Location s 849 General Booth Boulevard # Q x GPIN --W DHyStreet 2416752982 6irdneck Road i Site Size € a 19.72 acres AICUZ Greater than 75 dB DNL Existing Land Use and Zoning District #,, Outdoor Recreation Facility/ B-2 Community Business, Conditional B-2 Community Business „..:1,_ Surrounding Land Uses and Zoning Districts -1.,..-44..- North � Yr .'” Woods,Virginia Aquarium/P-1 Preservation 4' South R °+'` �� ' `� ,�Owls Creek tennis facility, Seatack Elementary 1-44:4„....,...44.t � r School/ P-1 Preservation East ~"� •••••+R_�f '3 a u, s Campground/P-1 Preservation ; y ; ,� j '' '°°, West _Outdoor recreation facility/A-12 Apartment s 1, :: � , -' set . RA. ' J • s— et Ocean Breeze Holdings, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • A Conditional Use Permit for a Recreational Facility of an Outdoor Nature was approved by the City Council in 1986 and subsequent modifications to the overall park occurred in 1990, 1991, 1992, 2003, and 2011. • The applicant is requesting to modify the condition that restricts the height of structures to 35 feet in this section of the waterpark. Specifically, the request is to replace an existing waterslide with a new 95-foot tall waterslide. • The site is located in the greater than 75 noise zone. Due to the property's proximity to Naval Air Station Oceana, as required,the applicant has contacted the Federal Aviation Administration for a determination regarding the project's potential as a hazard to air navigation. Zoning History # Request 1 CUP (Recreational and Amusement Facility of an Outdoor Nature)Approved 06/23/1986 MOD(Conditions)Approved 2/26/1990 2 j 1 MOD(Conditions)Approved 4/23/1990 j� Via; MOD(Conditions)Approved 6/11/1991 �� •� MOD(Conditions)Approved 11/26/1991 A-12 = +I MOD(Conditions)Approved 4/14/1992 33 �' // CUP(Recreational Facility of an Outdoor Nature) dBDNL '�u/ / /�, Approved 2/11/2003 // // 2 REZ(R-10,A-12, B-2 to I-1)Approved 01/27/2004 i� MOD(Conditions)Approved 01/27/2004 4�4 � u- 3 MOD(Conditions)Approved 09/09/2008 / 4 CRZ(P-1 Preservation District to Conditional B-2) \ P-t / CUP(Recreational and Amusement Facility of an Outdoor Nature)Approved 6/14/2011 5 CRZ(A-12-Conditional B-2)Approved 10/25/2011 6 REZ(Conditional I-1 to P-1)Approved 1/14/2014 CUP(Recreational Facility of an Outdoor Nature) Approved 1/14/2014 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 in Suburban Focus Area 4—Virginia Aquarium and Owls Creek Area. This area has great potential to be a national example of sustainable growth and economic development geared towards environmental preservation. With a vision supported by the community,the Virginia Aquarium and Owls Creek Area Master Plan encourages development or redevelopment of regional significance by protecting the natural environment, facilitating a mix of connectivity, and providing incentives for quality development (p. 1-83). More specifically,the subject parcels are located within the Entertainment and Education Center Areas of the Virginia Aquarium and Owls Creek Area Master Plan, adopted by reference as part of the Comprehensive Plan. The Master Plan considers this area to have great potential to be a national example of sustainable growth and economic development Ocean Breeze Holdings, LLC Agenda Item 7 Page 2 geared towards environmental preservation. An expanded waterpark and additional rides at the motor world park would provide one continuous area with an entertainment village as the core. (p. 12). Natural and Cultural Resources Impacts The site is within the Owls Creek watershed. Minor portions of the site have been identified as being located within the 100-year floodplain.Tidal wetlands have also been identified on the site.Any development involving these sensitive areas is subject to review and approval by the Army Corps of Engineers and the City of Virginia Beach Wetlands Board. There are no significant cultural features associated with the site. Traffic Impacts There is no anticipated impact to traffic as a result of this request. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard in the vicinity of this site is a mid arterial up to six lanes with a 165 foot rights-of-way, shared use path and sidewalk, landscaped median, and curb and gutter. Currently no roadway CIP projects are scheduled in the vicinity of this application. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The request for a Modification of Conditions to the existing Conditional Use Permit for an increase in the height of structures on the site from 35 feet to 95 feet, specifically for a new waterslide, is recommended for approval. In Staff's opinion, the request is consistent with the Comprehensive Plan's land use policies and the vision provided by the Virginia Aquarium and Owls Creek Area Master Plan as the proposal offers outdoor recreational activities for Virginia Beach residents and visitors to our City. The request complements Virginia Beach's recreational programs and the resort hospitality industry.The conditions approved in 1986 and subsequent modifications from 1990 through 2011 for this portion of the waterpark have been updated and are recommended conditions of approval below. It should be noted that the determination regarding the project's potential as a hazard to air navigation will be required during the final site plan review.A copy of the applicant's correspondence regarding this issue is provided on page 13 of this report. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on 6/23/86 and the subsequent modification of conditions granted on 2/26/90,4/23/90, 6/11/1991, 11/26/91, and 4/14/1992 shall be deleted and replaced with the conditions below. 2. All drainage improvements shall be designed to minimize runoff into Owls Creek and its tributaries through the use of on-site stormwater management facilities. Porous pavement material for all surface-parking areas shall Ocean Breeze Holdings, LLC Agenda Item 7 Page 3 be required, provided that the underlying soil is suitable. Riprap shall be used at all outfalls, unless otherwise approved by applicable City Staff. 3. Recreational use of Owls Creek shall be prohibited from this site.There shall be no boating on Owls Creek associated with this operation. 4. Pedestrian access to properties zoned P-1 Preservation District shall be limited to only the pedestrian bridges and the scenic overlook. 5. All lighting shall be low level and directed toward the interior of the park. 6. There shall be no public address system other than for background music and emergency announcements. 7. Mechanical rides and other activities shall only operate between the hours of 10:00 a.m. to 12:00 midnight. No motorized rides or noise disturbing activities shall be permitted after 12:00 midnight. 8. Musical events shall be limited to four per year and shall conclude by 11:00 p.m. Any temporary stage and speakers shall be oriented away from Owls Creek and shall be removed within 48 hours of the conclusion of such an event. 9. The waterslide depicted on page 7 of this report shall be located in substantial conformance with that exhibit, shall be no taller than 100 feet, and shall be subject to Section 202 of the Zoning Ordinance. 10. Existing healthy, mature trees on the property shall be preserved to the maximum extent possible. 11. No freestanding sign shall be permitted with the public rights-of-way, unless otherwise authorized by the City Council or by the Department of Public Works, as applicable. 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. Ocean Breeze Holdings, LLC Agenda Item 7 Page 4 Proposed Location of Waterslide 4,„.. ..,. . ..„. ,.. . IJr . _. 4.,. .... ..to ;.,,.„, fre . - -,,,, ,,,... .41 if '4..,„.„.4.4 4140011, fir' i. 1.2 .„ .., . to „.... , .. ,. . ,,, Air‘,„. ...,... ..,, ....,.54 ,' y72' , .. .. ,. , . ./.. .,\ #.y, ]^".SIF ,, s•. s "n\ ,i.:,:::".. .. , . . ,,.. ... :., . a , tr r ..,...,. .,........., ,, , „. .,,..4,..4.:.m., ,. ...,..',..4' A. 7 ZUk L/7k'(- ,;',,t,--, *ft,,,,,,,,., .\ , , f`/a l , F r-'-''','1,' "“)..,_-:-.71,1� �.i J ,`.gy of, A do . . r,. .e-� ita'Afe t ,; `� �} '�i� Vii'" `� 'f1 k-, ` , # 0w f ek.,.. , ,.c ..... .. , ,‘ ,. .,,,k ,..,—. 4:7— .. ,. . .. • t. , .,. .',c- .1,,, . , r,.. .4,c, . ,.; H fh a� _ - S� sir" Ocean Breeze Holdings, LLC Agenda Item 7 Page 5 Proposed Waterslide �y, , _Y..�� ), .� , • e., _ . 2 ..:. r .{ ' t T ' \fit'. • .41-#; .q , \ #4. IA t ,\ ii • , C� p. ai 4k...4.y* ,.. "--3,1,%,; ,‘P.• \.\,..t.'.. 6,1/4,-:...7111tf.;;„ *,**:`,,4.',.. 'C { +� e` / {Ii -A. .-1 . `inti . O r • ,�.,, r. 1 I. 1,•, \,�t; 3; j' i---''i---'' '? x,' Y C it' *4 ,.e / t i ��..1:-.2.� .<�• - /.may" ,,i-,A, t. k -. '`{.` •+`�Y�\ t }i\�.f'R ,■R.t - ;III A' A.. ; . \'" --' 4.;"" ' k N ` \.:::..:';':::::' .. _.:::,,- RFPs a'!`, (�.'. .a 1 �( 1� �� Y, ,..... _ : , �.' EE / Ste •} it � k 1 (Y s j''C �, r rte. ,,�_ :! r , A, , „, i r44,,, ,.$..z...,,,,.. y .. . , e/ ..f.,:, 74r '111.S *6' . , �... � . . ..s.. _ ,. , . Ocean Breeze Holdings, LLC Agenda Item 7 Page 6 Site Photos a �1e if ;:„1.. ," ,,, .,. I, , , .7 t : • -,- 4. - r Y 1 • mow {„' r , ' Yr tIRY _,TATS GD°R'>MW!' •` - 1111 " r'i.d DAILY iffi i°f , w I s, g s -.t. 41441400. - . +, r I4 r t_ ,' nil I, — ' J r . f • I wt K i/ 1�•. 7; maal` ` )111114\'' . . 1444 ��i 1. ". • • ", r n �' 6 1th. #0 .........., ,.. Y i Ocean Breeze Holdings, LLC Agenda Item 7 Page 7 Disclosure Statement 1154B Virginia Beach APPLICANT'S NAME Ocean Breeze Holdings, 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 X Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) _ 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/Al disclosures rnust be updated two(2i weeks prior to any Page 1 of 7 Planning Conun!ss,on and City Council meetuna that perta,ns to the applicatrams). o APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF D-TF I 1 /3//0 w Robert Davis 0 REVISIONS SUBMITTED DATE Ocean Breeze Holdings, LLC Agenda Item 7 Page 8 Disclosure Statement 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:Ocean Breeze Holdings, LLC___ If an LLC, list all ember's names: ro6d4 (hil")Li fie.n�.Lecr,j C -CAr1ts, c...s� Z,,.w�►`e,LP) Y6 P„�-},,,,_,rsLrp)1,4-A lhhk .CL 11;A. Si-u^VeyS. SkLAr G.►Qwr,14 L1 r, s /I.? If a CORPORATION, list the the names of all officers, erect'Iors, 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 Apple nt: (Attach list if necessary) (�C.eA.A brs[.t. ..e Lev-t-A.0e., LL-C_ Q f�(rn /ree2.e ►iha..a�e r-�,^4'�Ll_L See next page for information pertaining to footnotes and 2 0 • 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. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Ocean Breeze Holdings, LLC Agenda Item 7 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) "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 Ocean Breeze Holdings, LLC Agenda Item 7 Page 10 Disclosure Statement V13,,,., APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) EAccounting and/or preparer of o-XoiN 14 6%15�y 6-04(6'4n t- your tax return tio El Architect/Landscape Architect/ P Si.- (1 -T )i ' _ Land Planner f C0 S r l Old Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n N purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ' n Construction Contractors11 PCvs4idnC� cCI�A��O1 n C. nEngineers/Surveyors/Agents mS 4/ i. C. i Financing(include current TowneBank f ✓ C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n n Legal Services Troutman Sander LLP Real Estate Brokers / n (V Agents/Realtors for current and �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 0 m an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Ocean Breeze Holdings, LLC Agenda Item 7 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. C ., — ;c,Ztg� € wiz ke 9%%r//G APPLI NT'S SIGNATURE PRINT NAME ATE Page 5 of 7 Ocean Breeze Holdings, LLC Agenda Item 7 Page 12 Contact with FFA Statement R.J.NUTTER. TROUTMAN TROUTMAN SANDERS LLP 757.687.7502 telephone Ador,Suite at Law 757.687.1514idlertrou facsimmannan SANDERS 222 Central Park ch. r,Style 3462 rj.nutlarglroutmansanaers.com Virginia Beach.Virginia 23462 757.687.7500 telephone troutmansander,com September 20,2016 BY E-MAIL Barry Frankenfield,Director City of Virginia Beach Department of Planning&Community Development Building 2,Room 191 2405 Courthouse Drive Virginia Beach,Virginia 23456 Re: Application of Ocean Breeze Holdings,LLC Dear Barry: I represent the Ocean Breeze Waterpark(the"Waterpark")which has filed an application to amend one of the conditions applicable to operations at their Waterpark off of General Booth Boulevard. The purpose of this application is to expand the financial commitment at Ocean Breeze by its owner adding a significant new water ride at the Waterpark. The previous owners of the Waterpark had entered into a Quitclaim Deed which establishes the height limit for the protection of Oceana of 170 feet. The maximum height of this ride (which occurs only at one point of the ride)is 95 feet,well under our height restriction with Oceana. Notwithstanding this fact that we have been in contact with the FAA directly and advised them of this foregoing ride, we are working with their office to answer any questions that they might have. For your convenience I have enclosed a copy of the Quitclaim Deed and I have highlighted the section dealing with the height restriction application to the Waterpark. Thanking you for your assistance in this matter. Sincerely, / R.J.Nutter,II cc: Mr.Kieran Burke(by email) Brian Baker,General Manager,Ocean Breeze Waterpark(by email) 29244482 ATLANTA BEIJING CHARLOTTE CHICAGO HONG KONG NEW YORK ORANGE COUNTY PORTLAND RALEIGH RICHMOND SAN DIEGO SAN FRANCISCO SHANGHAI TYSONS CORNER VIRGINIA BEACH WASHINGTON, DC Ocean Breeze Holdings, LLC Agenda Item 7 Page 13 Item#7 Ocean Breeze Holdings Modification of Conditions 849 General Booth Boulevard District 6 Beach October 12, 2016 CONSENT An application of Ocean Breeze Holdings for a Modification of Conditions to a Conditional Use Permit for Outdoor Recreation Facility approved by City Council on June 23, 1986 and modified on April 23, 1990 on property located at 849 General Booth Boulevard, District 6, Beach. GPIN: 2416-75-2982-0000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on 6/23/86 and the subsequent modification of conditions granted on 2/26/90,4/23/90, 6/11/1991, 11/26/91, and 4/14/1992 shall be deleted and replaced with the conditions below. 2. All drainage improvements shall be designed to minimize runoff into Owls Creek and its tributaries through the use of on-site stormwater management facilities. Porous pavement material for all surface-parking areas shall be required, provided that the underlying soil is suitable. Riprap shall be used at all outfalls, unless otherwise approved by applicable City Staff. 3. Recreational use of Owls Creek shall be prohibited from this site.There shall be no boating on Owls Creek associated with this operation. 4. Pedestrian access to properties zoned P-1 Preservation District shall be limited to only the pedestrian bridges and the scenic overlook. 5. All lighting shall be low level and directed toward the interior of the park. 6. There shall be no public address system other than for background music and emergency announcements. 7. Mechanical rides and other activities shall only operate between the hours of 10:00 a.m. to 12:00 midnight. No motorized rides or noise disturbing activities shall be permitted after 12:00 midnight. 8. Musical events shall conclude by 11:00 p.m. Any temporary stage and speakers shall be oriented away from Owls Creek and shall be removed within 48 hours of the conclusion of such an event. 9. The waterslide depicted on page 7 of this report shall be located in substantial conformance with that exhibit, shall be no taller than 100 feet, and shall be subject to Section 202 of the Zoning Ordinance. 10. Existing healthy, mature trees on the property shall be preserved to the maximum extent possible. Item #7 Ocean Breeze Holdings Page 2 11. No freestanding sign shall be permitted with the public rights-of-way, unless otherwise authorized by the City Council or by the Department of Public Works, as applicable. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 7 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. A ....>1.<-•":".7 C7 Ill 11 -11- 1.3 .1. 1 1J-c,' '-:—.— -t'% • — ... . .... .r..........," ,,;;;" eiee. , \ . )..4 -,-,-,,k-c0 ,1 ce '77- i/ ei L d • --_ 1 --- / )ty I / ----2 jj------.-7.; '1 ..... ...\'› , 1 e------7:7 (24•Zr.71 I I `77.•- •13 ,,, I I ':_t.-7.•:-.7,-, f; ' 1 ) ..../.." •-ios 'v. • 4 e ---,,i <;" „„ ,.. 4. 4--71:v„-- -L..4...2- ....Zr. 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Ci•-., -1—.-1:1----- e ,..., ....."- / • ,.-, k .. / •- N U f4 C7, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, L.L.0 [Applicant] ABP VA(VIRGINIA BEACH), L.L.0 [Property Owner] Conditional Change of Zoning (I-1 Light Industrial to Conditional A-36 Apartment) 200 Price Street (GPIN 1467925752). COUNCIL DISTRICT— BAYSIDE MEETING DATE: November 15, 2016 • Background: Understanding that the future development envisioned for the Strategic Growth Area will require substantial infrastructure improvements, City Council approved individual implementation plans for each SGA. These plans consistently recommend that the City review opportunities to work with private development proposals through Public Private Partnerships (PPP) to gain public infrastructure improvements. This request to rezone 10.38 acres of property zoned I-1 Industrial District to Conditional A-36 Apartment District for the purpose of demolishing the existing vacant industrial structures and redeveloping the site with up to 264 multi- family dwelling units is the first step of the larger multi-faceted,proposal to follow the PPP strategy outlined in the Pembroke SGA Plan. The Strategic Growth Areas Office is managing the following initiatives that, in conjunction with this requested conditional rezoning, are essential to the success of the overall project: • Coordination with the Department of Housing and Neighborhood Preservation to designate the subject site as a Revitalization Area. • Coordination with the Departments of Public Works and Public Utilities to provide stormwater, wastewater, and street improvements to accommodate the proposed development and future development proposals in the Central Village District. • Coordination with the Fire Department and Public Works/Traffic Engineering regarding potential dedication of rights-of-way to provide connectivity for pedestrians, bicyclists, drivers, and utilities, to adjacent rights-of-way and properties • Considerations: As is typical, the proffers address site layout, architectural design and the maximum number of multi-family dwelling units proposed. Proffer #4 acknowledges that the site exhibit has been prepared in a conceptual manner. Through meetings with appurtenant City agencies, the applicant is aware of the Franklin Johnston Group Management & Development, LLC Page 2 of 2 detailed requirements associated with the proposed development. The proposed development will result in a residential density of 25 units per acre. Ideally, and with time, development in the SGAs will be higher density, (at least 36 units per acre), and incorporate a variety of uses that share structured parking and partially rely on light rail. However, this proposal's introduction of multi-family residential units in the Central Village District is supported by a number of goals of the Pembroke SGA Plan and by the Comprehensive Plan, despite the lower proposed density of 25 units per acre. In Staff's view, this application to rezone these properties provides an opportunity to execute the vision of the Pembroke SGA Plan. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • 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 Dep. . -• - Agency: Planning Department City Manager: J• Applicant Franklin Johnston Group Management & Agenda Item Development, L.L.0 Property Owner ABP VA (Virginia Beach), L.L.0 ctryof Public Hearing October 12, 2016 Virginia Beach City Council Election District Bayside Requests Conditional Rezoning (I-1 Light Industrial to _ `l"eland st."` 0 Conditional A-36 Apartment) � Southern Boulevard e e, Academy Road �hh o Mandan Road Staff Planner 1'1. �.� Kristine Gay ` H.'"'::::1:71 s '° �` 9 M abs" Sajel b ra o fo�P,,,I, CreYena o o ,,,,ti e �i� a 4 0 Location ems'4 a ga 200 Price Street f GPIN c;rr;eA�en e \ , oE o _ /' N S t 'a o. 0�4 inveruoe avenue 1467925752 111fff e Site Size E 4 - 9 Awe'Spod o d c�sro'} 10.38 acres ,o- a a °°e,P� 4�,oe AICUZ C4'b� irq�noe % o- 0°44 a ya.Edg c= c ,iee i$ Less than 65 dB DNL '',.o„N ce4 % , $ �,,oa4' Mome Centerprre �� e Existing Land Use and Zoning District n Vacant Industrial/ 1-1 Light Industrial Surrounding Land Uses and Zoning Districts North 1k .• .‘ Industrial warehouse/ 1-1 Light Industrial ' - I I �. . /. 'e' '4e. \ • • ti` `,1, Southt Interstate 264 * "'« ` �� \' `�' Y Single-family dwellings/ R-7.5 Residential4 . East .4 Mobile home park/A-12 Apartment t ' • West ' •�� r i, v!!.. e 0- , / '� .. Wooded lot/ 1-1 Light Industrial i,.`' •./ 4, r' -fie ,,:sitlikfe 4 ' . . 4 111-17;111t, !k.L. Franklin Johnston Group Management & Development, L.L.0 Agenda Item 11 Page 1 Background and Summary of Proposal • The applicant requests to rezone the subject parcel from I-1 Industrial District to Conditional A-36 Apartment District for the purpose of demolishing the existing vacant industrial structures and redeveloping the site with 264 multi-family dwelling units. • The proffered site exhibit depicts seven four-story apartment buildings, one two-story clubhouse, an outdoor swimming pool,two pocket parks, and a playground. • The exhibit on page 6 of this report shows two proposed regional stormwater facilities that will capture and treat the stormwater runoff from this project, and likely other properties in the vicinity. As these properties are not part of this conditional rezoning request, they are muted on the exhibit. • For access and circulation, a traditional street layout is proposed with street trees, pedestrian lights, on-street parallel parking, and sidewalks. The buildings will be directly accessible from the streets as well as from the nested/interior parking lots. 1 1-2 \ ava"V° _..e p 4 do S4 gtze \' may" lea' ag�o"a " _- �. � M 1 . a � � Zoning History . ,..., ' _ off.• � ��.� ..., ,,?;,, ,,,,,,„%\,...z,_, # Request • , :.0 1 MOD(Storage and Processing of Salvage,Scrap,or . - O`��\" Junk)Approved 03/18/2001 ` 400°' c-, 7,_ CUP(Storage and Processing of Salvage,Scrap, or p ' � �/A, 411/ 7 ,, JA_ Junk)Approved 11/06/1994 �j 2 CUP(Automotive Repair Garage)Approved r L. 05/09/2012 �` 3 CUP(Bulk Storage Yard)Approved 07/13/1994 Us <,:tz .,_.,_,-,--' 1-1 -' 14 //At, 7-ig,p,', 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 Franklin Johnston Group Management & Development, L.L.0 Agenda Item 11 Page 2 Comprehensive Plan Recommendations The site is located in an area of the Pembroke Strategic Growth Area referred to as the Central Village District.This district is envisioned by the Pembroke SGA Plan as an eclectic, mid to low-rise commercial and urban-residential area. More specifically a maximum building height of thirty to fifty feet is recommended (pp. 58). Due to the planned high residential density, a great deal of gathering places and open space will be required. The SGA Plan specifically calls out pocket parks and urban plazas as being appropriate in the Central Village District and recommends that twenty percent of the developed area be green space and thirty percent be open space (these spaces may overlap) (pp. 58). To achieve this, on page 54,the Plan recommends incorporating recreational activities as a secondary use of green infrastructure improvements. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources on these properties. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Witchduck Road 47,814 ADT 1 14,800 ADT 1(LOS°"C") Existing Land Use 2—789 ADT 27,400 ADT 1(LOS°"E") Proposed Land Use 3—2,283 ADT 'Average Daily Trips 2as defined by 10.38 acres 3as defined by 10.38 acres of A-36 4 LOS=Level of Service of I-1 zoned property zoned property North Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial.The Master Transportation Plan (MTP) depicts an ultimate eight-lane facility within a 155-foot right-of-way. Currently, this segment of roadway is functioning at capacity at a LOS F. There is a roadway Capital Improvement Program (CIP) project slated for this area,Witchduck Road - Phase II (CIP 2-025), will provide a six-lane divided roadway on a 143-foot to 165-foot variable right-of-way from 1-264 to Virginia Beach Boulevard, a distance of approximately 2,600 feet. Roadway modifications also include Pennsylvania Avenue, Mac Street, Southern Boulevard, Cleveland Street and Admiral Wright Road at Denn Lane. Mac Street, Rouse Street and Southern Boulevard in the vicinity of this application are considered two-lane undivided local streets. They are not included in the MTP. As part of the Witchduck Road Phase II roadway project, Mac Street will be terminated just east of Witchduck Road and will be extended north to intersect with Southern Boulevard at Pennsylvania Avenue. With the proposed light rail extension project, a traffic signal will be installed at the Mac/Southern/Pennsylvania intersection. Right-of-way improvements,such as pavement widening,sidewalk,curb&gutter,streetlights,and drainage,will be required along Mac Street and Rouse Street to bring these streets up to current Public Works Standards for local streets. Stormwater Impacts The applicant is coordinating with the City to develop stormwater facilities to accommodate the stormwater runoff from the subject site as well as from future development in the Central Village District.These ponds are referenced on the site exhibit, but are not included in the conditional rezoning request. Both, the quantity and quality of the stormwater generated from this site will need to be fully addressed during the site plan review process. Franklin Johnston Group Management & Development, L.L.0 Agenda Item 11 Page 3 Public Utility Impacts Water The site is currently connected to City water.The existing 5/8-inch meter(City ID#95039622) and existing fire meter (City ID#56272401) may be used or upgraded to accommodate the proposed development. Sewer City sewer is not available to this site, but the site currently connects to a private sanitary sewer system through the adjacent property to the east. The applicant will continue to work with the Department of Public Utilities to determine how best to provide sanitary sewer service to this area. Evaluation and Recommendation The request to rezone this parcel from I-1 Industrial District to Conditional A-36 Apartment District is consistent with the recommendations of the Pembroke Strategic Growth Area (SGA) Plan and the 2016 Comprehensive Plan. As is typical, the proffers address site layout, architectural design and the maximum number of multi-family dwelling units proposed. Proffer#4 acknowledges that the site exhibit has been prepared in a conceptual manner.The applicant has met with numerous City review agencies (Permits and Inspections, Development Services Center, Fire, Traffic Engineering, Landscape Maintenance, Public Utilities, and Public Works) to become aware of the detailed requirements associated with the proposed development.The applicant is confident that said requirements can be satisfied at site plan review. While the request is to rezone the site to a district that allows up to 36 units per acre,the proposed development will result in a residential density of 25 units per acre. Ideally, and with time, development in the SGAs will be higher density, (at least 36 units per acre), and incorporate a variety of uses that share structured parking and partially rely on light rail. However, this proposal's introduction of multi-family residential units in the Central Village District is supported by a number of goals of the Pembroke SGA Plan and by the Comprehensive Plan, despite the lower proposed density of 25 units per acre. In Staff's view, removal of the existing industrial zoning provides an opportunity to execute the vision of the Pembroke SGA Plan. The Comprehensive Plan identifies eight Strategic Growth Areas.These areas are identified as the locations to direct future population growth and development. Understanding that future development requires substantial infrastructure improvements, City Council approved individual implementation plans for each SGA. These plans consistently recommend that the City review opportunities to work with private development proposals through Public Private Partnerships(PPP)to gain public infrastructure improvements. This request to conditionally rezone the site from I-1 Industrial District to A-36 Apartment District is the first step of the larger multi-faceted proposal to follow the PPP strategy outlined in the Pembroke SGA Plan. By use of said strategy, the Strategic Growth Areas Office is managing the following initiatives that [in conjunction with this requested conditional rezoning] are essential to the success of the overall project: • Coordination with the Department of Housing and Neighborhood Preservation to designate the subject site as a Revitalization Area. • Coordination with the Departments of Public Works and Public Utilities to provide stormwater, wastewater, and street improvements to accommodate the proposed development and future development proposals in the Central Village District. Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 4 • Coordination with the Fire Department and Public Works/Traffic Engineering regarding potential dedication of rights-of-way to provide connectivity for pedestrians, bicyclists, drivers, and utilities, to adjacent rights-of-way and properties. Accordingly, for the reasons summarized above, Staff recommends approval of the subject request per the proffers below. Proposed Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The property when developed, shall be developed in substantial compliance with the conceptual site plan prepared by Cox, Kliewer&Company, entitled "Price Street Apartments," and dated February 9, 2016 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial compliance with the exhibit prepared by Cox Kliewer&Company, entitled "Price Street Apartments", and dated February 26, 2016 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of three- hundred seventy(370). Proffer 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. Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 5 Proposed Rezoning Exhibit (Proffer #1) aJ ��;,'�4 NOlSNHOfNII1iNViitl� : �� •,".`. .". ..._. a .Y•.�.a,.a.�. 21 11 I A' 14 1 i$ I $1' si x F CIF a 11 ff k P F - ---.11"11116-1111111147 , �`� _..jam • ,\ • ' No' 0, • /\ • A7 , 8 v , til iii ¢ xi! t ll Al g=4 e.. e 4g ifikb ittl �ci y ��Y c i! :'$4 a:1 I I id§t, 'f44y''pg IP ,Si )2 Franklin Johnston Group Management & Development, L.L.0 Agenda Item 11 Page 6 Proposed Elevations (Proffer #2) ,.. I. , ... , l it c --rit 1 1 4' I II Illir-of II 117-_-- I I 1 . , i 167i-54 ENVOI 1 ` ..... r r • ; kb--,.., ......mi,---...„ • it. _ .1 a" A f 1111; t -i.,--1 I 1' ,',,,.•, ,'1 4.;`•,' * • # 4.••".. 44 - . . , . vaiett" - r •• •0 - 1-- MI- • t ..,_ i •411 ,..,4I!"' , -4 . . 444;. 14 I I i , 1111 I I' ".... 18 1 - . 11' tilli i ) trr t er I 111, MI 111 III 1 • , IIP .. /!.,. . . Franklin Johnston Group Management & Development, L.L.0 Agenda Item 11 Page 7 Location Exhibit '-, , . , , , , Nk • . .4,:s. _re 1.:, - , ., - el*CtAilt Kir 111 Aril+ . `11 ,. ler #0.....__ - -. ,t - • ,4, , , , ,, . , rtz?..ri... r. : , -_ ,,,y_ tM r_..,_ t ..., ..1 1--•{ �.. R'•"a`... 1a,1 , v «V t• .rt ,R.,. - � �;- ri Future Light "' tom.,,* r;g7 I L7..1., i Rail Stop 1 --" .q•. -.,, r < > ar iv. ` ' • �1 r 1 If— •ph,i �r t". %' M i I u N■ Witchduck Phil • ;- _ % ." , Improvements ( '''f .. : ,..�� tf, I 5 Shaded Area isnot r a Included in Proffers -fir • 1 ." fi, € Proposed Conditional % Rezoning& aI I Apartments iOA 'sro. • a , v. 4 1;:r LI {'ak, •`' Y.. • 44..,E 't • • •. • • • ' • 1. U,,, } t Y ti..•.'� • • .., l •• , .• a< rr .L" /4, • • • . i • 0, ,,,,r, f ,,,„„ks4 .. ._. - , V ... 4 Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 8 Disclosure Statement APPLICANT'S NAME THE FRANKLIN JOHNSTON GROUP, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative , ' Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of ' Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether the have t otifitct of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page I of 7 - 0 11/03/2016 Kristine Gay Carolyn Smith Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 9 Disclosure Statement 1-1 Check here if the APPLICANT /5 NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or othp.r unincorporated organizatiort (A) List the Applicant's name: Please see attached If an LIC. list all member's names: Please see attached If a CORPORATION, list the the names of all officers, directors, members. trustees, etc. below: 'Attach list if necessaiy: (8) List the businesses that have a parent subsidiary 1ur affiliated business entity - relationship with the Applicant (Attcv:h list if necessary) Please see attached See next page for informdtiun pertaining to footnotesi and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prpperty owneris different from Applicant. F-1 Check here if the PROPERTY OWNER IS NOT a corporation. partnership, firm, business, or other unincorporated organization. ><1 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND TI-IFN, complete the following. ABP VA (Virginia Beach),,,LLp (A) List the Property Owner's name: If an LLC, list the member's names' Blue Linx Holdings, Inc. (publicly traded company) ----- - Page 2 of 7 Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 10 Disclosure Statement Virginia Beach Please see attached. If a Corporation, list the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) I.ist the husinesSeS that have a parent-subsidiary ut allihated business entity relationship with the Property Owner: (Arta(J7 lit if necesswy) Please see attached „ va-err ssrjer O aiinr n r ears a re ia-,ionship rho oti vTher ch,Ectly or inirectly owns sha,-,,s posscissi-lo more Loon 50 pi,rceri: of tne voting power of another :orporatit_;ri Spr>Stale sid tgr7a1 Governmem of interests ArA, Va. Code § 2-3101 Affil'aou business entity relationshipmeans "a relatior snip, other than parem-subsidia--iy relationship; that exists i,vh.en ii; one business entity has a (ontrolling ownership interest in the other business entity, (ii) a controiling owner in one entity is also a controlling owner in the otter 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 inc lude 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 relaLionship between the entities " See State and Local Government Conflict of Interests Act, Va Code § 2-3101, SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with thesubject 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 Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 11 Disclosure Statement t APPLICANT Virginia Beach YE-5 I [PTO 1 SERVICE ' PROVIDER(use additional sheets if needed) _ I Fl Accounting and/or preparer of your tax return IIIIIIIIIIIIII A (� Architect / Landscape Architect / Cox, Kliewer& Company, P.C. �� !! Land Planner Contract Purchaser (if other than Hthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposedIL I4 purchaser of the subject property -___ (identify purchaser(s) and purchaser's service providers) i Construction Contractors l IEngineers / Surveyors! Agents !Hassell & Folkes P C. Financing (include current mortgage holders and lenders , XUnion Bank,VHDA j selected or being considered to , provide financing for acquisition or construction of the property) LIZp Legal Services Troutman Sanders LLP Real Estate Brokers / CBRE X I 1 Agents/Realtors for current and anticipated future sales of the sub'ect lira f ert 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? Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 12 Disclosure Statement OWNER Virginia Bch YES ( NO s SERVICE PROVIDER t� additional she is it G Accounting and/or preparer of your tax return El Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed MPJ purchaser of the subject property ,I ' (identify putthaser(s) and purchaser's service providers) Construction Contractors ElEngineers / Surveyors/ Agents Financing (include current Wells Fargo mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services i Nelson Mullins Real Estate Brokers / TrarrEswesternColliers L Agents/Realtors for current and t 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 leach have an interest in the subject land or any proposed development Foi_ 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? Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 13 Disclosure Statement CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 7 /7 I .-- "---75' i - • - ,,,,--7)„,, /..'L _t g 644" . __ 'REP ' JINNI F:',ciGN tt'Ullle -t- 1 : PRI NAM F ! DAT(' ,..--- 4 __ I .. 4111.1.10,1101W CERTIFICATION: I corrify tiat all cl .f. f- in ff-rmatir,r contrIineri in rhir 1).srinsurc, starericnt rrirm 1, cr_irrillr,r,. 'Au, Ind ,ir I oral, , , I , r,,,-.4rctArie-i :hat. up-in rece-,171t ci not,li(avorl Itiai irw appit(anur ha,, tiet,n hOdil'f' I i, rdtit 'R ,,,,irriq, I am responsible for updating the information 1, provided herein tomo weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any publk body or committee in connection with this Application ,-- ' 0 , 1 1 0 - 1-2:01_-L: _ - , if i RI'.I Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 14 Disclosure Statement Information iN 4)11 t(IN t 1.1(1 -1()NiNt.A t 1 li)N 414- Ft?.tNINI IN ,11()IINN 1()N (iRt)t MAN A(;11111.N1 & 1)1:1 1:1.01)MIKN I, 1,1A )1'1 I<1 Y 0ok 4., 1 Juristlicnon \artit Itcal )rganitation ' \B!!! ••• !I V b! ts'•:!!! 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VA, :Cli'01.1\1)11 1 1 43;.' 11, ER( \ 144 I!! 1 I 1 Ark 4 iFil' ;IA A' 1/4,A1 Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 15 Disclosure Statement Information Conditional Re-Zoning Application of Franklin Johnston Group Management Development, I.,LC Applicant Disclosures List the .'\ppiiennt's Itatne followed by tite ri.intes ol all officers.. LJIFCCti rs. tlostee.;, partners. etc.. helov,: Appiic nt's Name: From,lin Johnston croup \laua enient & Development, I ! (' 2. Nlatiagrr of Franklin Johnston LirL up \I in_lgcnienl & Development. 1.L(': i Wendell (' I'r,ntLliti i,. \V, 1 ai lorr Franklin c I IJoillil, \I. Johnst;,r. 3. Members ofFranklinJohnston Group Mana ge tient RDcvchapiticnt, LI,C: a Ileaclt ()tie. 1,1 ( Stephen W. Cooper �. M. David JJester. d. Johnston (i:i up. I I (' e Cherie James f. (.'kris \1eKee t.B) list the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: J Developers, I.LC b. Shorehaven Developers, c Pickett Farms Developers. d. GrecnPlain Properties, LLC Aquia Apts.. 1.1.0 I .\Tula CP, LL(' Aquia Developers, I.1. Ir. Kellingwood Apartments. LI.0 Franklin Johnston Associates, 1.1.12 Southern Pine One. LLC k. Quill Developers, LL(_' I. South Riding Apts LP tit. South Riding UI', LLC n. Arbor Lakes Ii' o. Arbor Lakes GP. LLC p. Belleharbour Apts. I:1' q. Belief-labour GP, ITC Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 16 Disclosure Statement Information Fountain Palk Apts I.P s. Fountain Park ( P. 1.1.0 t. mold and 1 leights III 1.P II Summerland Ileights III (iP, 1 LC South 1Ziding Iii.P ss. South Riding 11 GP. 1.I.0 Si.N 5.100 1.P SIN 5100 (iP. 1,1 CI leritage Forrest 11 (iP. 1.I.0 /. I Square Ap.irimerasI P aa. I Square Apts.. I.P hh. rdsvard Street 1 Le. Irvin 13t anch 1.1) Branch OP. 1.1 ( ee. Dunlop Farms, LLC It. Belleville Seniors Apts I.P gg. die Seniors GP. 1,1.0 hh Pickett rarms ,Apts I P it. Pickett Farrns 1.1„CAJuill 1 IA_ jj. River house Apts 1.I.(' kk. Riser I louse Apn:., II. Sea Pines LP nun. Sea Pines OP. 1.1._C on. Shorehasen Apts I.P oo. Shorehaven GP, I pp Somerset Apts 1,1' qq, Somerset GP, I 1.0 rr. Heritage Hampton 1.P ss. Chippenham Apts 1.1' tt. Chippenham GP, 1.1,C un. Southwind Apts 1.P vs. Southssind GP, 1.1 C w. Spring Water, 1,1f.. XX, SUM[Tledand I leib_thIS LP yy. Summerland Heights GP, I LC' 1 anglewood 1.ake Apts 1.1.( aaa. Whispering Oaks Apts hbb. Whispering Oaks GP. LLC ccc. Woodherry Forest Apts LLC Franklin Johnston Group Management& Development, L.L.0 Agenda Item 11 Page 17 Item#11 Franklin Johnston Group Management& Development, L.L.C. Conditional Rezoning (I-1 Light Industrial to Conditional A-36 Apartment District) 200 Price Street District 4 Bayside October 12, 2016 REGULAR Jan Rucinski: The next application is an application of Franklin Johnston Group Management& Development, L.L.C. for a Conditional Rezoning(I-1 Light Industrial to Conditional A-36 Apartment District)on property located at 200 Price Street, District 4, Bayside. R.J. Nutter:Thank you Jan. Good afternoon Mr. Chairman and members of the Commission. For the record, I'm R.J. Nutter,and I represent the applicant. I know this application was placed on the consent agenda, so I know you know a lot about it. I'm very proud to represent this application. I did kind of want of present it a little. An adjacent owner did speak to me prior to today's session, and he indicated the concern over the drainage to the trailer park,just to the east of this site, as you can see,the trailer park. As part of this application,you probably know, is going to be creating for the first time,a regional stormwater system for that entire area. In fact,the system has been designed and it is going to be located on these parcels right here(pointing to Powerpoint).So,this application, in addition to being well received on its own merit,actually is offering a significant public benefit for this public area. This stormwater system is being designed there to cover not just our property, but will cover the quality treatment requirements for 91 acres in size,which has never been done for that entire area. In fact,this will be the first time under the new stormwater regulations that the City has developed a stormwater system for a regional system near this size. What it will do will open the area up for redevelopment of the entire quadrant. Our property's parking with the rezoning,just for the apartments, is only about 12 acres or so, 10.3 acres. As you can see,the significant benefit well extends,well beyond the limit of this property. The other benefit to this project is that when we were preparing this application, doing due diligence, we discovered to our surprise that,there are no utilities in this area. And here we have a SGA, where we focus growth and utilities. Fortunately,the City found out the only one missing utilities,so if you're going to do this, Burton Station which is being added. But for this area,we found there were no utilities. So, my client worked with the City to develop and locate property for not one, but two pump stations that would also serve that same 91 acre area. So,this brings with it a significant amount of public improvement and benefit. The City will be participating here to make this happen, and putting in about$6%2 million dollars of those improvements, in addition to what we are doing. So, it is a significant benefit. I want her to know a little more of the story, so she'll know in fact that we're more than accommodating our property with this application. So, if we can answer any questions, Mr.Chairman, I'll be happy to do so. Jeff Hodgson: Are there any questions for Mr. Nutter? Thank you. R.J. Nutter:Thank you. Item#11 Franklin Johnston Group Management & Development, L.L.0 Page 2 Jan Rucinski: We have one speaker in support and that is Lorrie Bonney. Please state your name for the record. Lorrie Bonney: Lorrie Bonney. I'm with County View. And we're in support of the project. Our concerns were the stormwater management but it has been addressed, so. I didn't know he was going to say that. Anyway, I just wanted to make sure that they are aware of it and that was a concern but I think it has been addressed. Jeff Hodgson: Are there any questions for Ms. Bonney? Thank you. Jan Rucinski: Our first speaker in opposition is Rory Kennedy? Rory Kennedy: I'll pass. Jan Rucinski: Okay. The next speaker in opposition is Abraham Clementson. Abraham Clementson: I'll pass. Jan Rucinski: Well,that concludes our speakers for that application. Jeff Hodgson: I guess we'll close the public hearing and open it up for discussion, unless you have anything else to add Mr. Nutter? R.J. Nutter: I'll pass. David Weiner: I'll start off by saying something. This is a prime example of a private developer coming in to a SGA that has no utilities in it, and developing it and putting and bringing out and adding utilities to it. It takes money away from the City to have to pay for. And I'm behind this 100 percent. I'm very happy to see this happen and the area could use it. Very nice! Jeff Hodgson: Is there anybody else? Jack Wall: It appeared they are doing their due diligence with stormwater and it may have been a concern with the neighbors. It looks like that was going to be an issue but again recently there has been some issue throughout the City, hopefully this project will not only address the stormwater issue that might be in that area including Euclid Road. Jeff Hodgson: Is there anybody else? Would anybody like to make a motion? Bob Thornton: I move that it be approved. Jeff Hodgson: A motion made by Commissioner Thornton? Is there a second? Don Horsley: I'll second it. Jeff Hodgson: A second by Commissioner Don Horsley. Mr.Weeden. Item #11 Franklin Johnston Group Management & Development, L.L.0 Page 3 AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Franklin Johnston Group Management& Development, L.L.C. Jeff Hodgson: We're moving right along. �?A I.A Ac 1'A ��. CITY OF VIRGINIA BEACH ,_i ` " :�/� a INTER-OFFICE CORRESPONDENCE 4-S 'v..s.�a-ae OF OU N,NATION 5 In Reply Refer To Our File No. DF-9577 DATE: November 3, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso'v DEPT: City Attorney RE: Conditional Zoning Application; Franklin Johnston Group Management & Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 15, 2016. I have reviewed the subject proffer agreement, dated July 16, 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 is made as of this 6`I' day of July, 2016, by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, L.L.C., a Virginia limited liability company("F&J", to be indexed as grantor); ABP VA (VIRGINIA BEACH), LLC, a Delaware limited liability company ("ABP") (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, ABP is the current owner of that certain property located in the City of Virginia Beach, Virginia, identified as GPIN No. 1467-92-5752-0000 (the"Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS,F&J 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 I-1 to Conditional A-36; 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. 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 A-36 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-36 zoning districts 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 are generated by the rezoning; and 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 GPIN NOS.: 1467-92-5752-0000 28020156v1 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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants miming 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. The Property, when developed, shall be developed in substantial compliance with the conceptual site plan prepared by Cox, Kliewer& Company, entitled "Price Street Apartments", and dated February 9, 2016 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial compliance with the exhibit prepared by Cox, Kliewer & Company, entitled "Price Street Apartments", and dated February 26, 2016 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of three-hundred seventy(370). 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 28020156v1 2 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.Upon acquisition of the Property by F&J, F&J shall succeed to all rights and obligations of the "Grantors" under this Agreement, and ABP shall have no further rights or obligations of a "Grantor" under this Agreement. [Remainder of page intentionally left blank.] 28020156vI 3 [Page Intentionally Left Blank. Separate Signature Pages Follow.] 28020156v1 4 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. F&J: Franklin Johnston Group Management &Development, L.L.C., a Virginia limited liability company B IA's/J/1 Na • - oriel/ I d J26 Title: C h� COMMONWEALTH/ST TE OF .�1 • 1&0 CITY/COUNTY OF r() , `is-wit: The foregoing instrument was acknowledged before me this day of Vr J , 20\ , by `10 ,1-t (i `op`\-,`" who is personally known to me or a pro ced as identification, in his/her capacity as of Franklin Johnston Group Management& Development, L.L.C., on behalf of the company. 4)/1 {1 { 111 '''fie Notary Public . My Commission Expires: � ,. Y ;` ) Registration No. > Gloria Hartison? NOTARY PUBLIC REG.#353975 [ NOTARIAL SEAL/STAMP] COMMONWEALTH OF VIRGINIA Ll" MY COMMISSION EXPIRES FEB 28,2017 28020156v1 5 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. ABP: ABP VA (Virginia Beach), LLC, a Delaware limited liability company By: Name: h&fa/A, eaCtGai Title: 6e ' )1) r- Vie_P �reS�den F- COMMONWEALTH/STATE OF C?LDtQ Ia CITY/COUNTY OF Wrn n ' o-wit: The foregoing instru�l?e�nt was acknowledged before me this 03 day ofv< , 20 J(40 , by dg1who is personally known to me or has��eprc�duced as identification, in his/her capacity as njorYc Pt of ABP VA (Virginia Beach), LLC. 061YYLAke:A- 44 is No y Public My Commission Expires:4jj07;70 7;7Q Registration No. [NOTARIAL SEAL/STAMP] .�` \),\p, 1:!,:447 dSSIo ,V,go JUNE t,' : 11 :*E-: .c}y 2018 :• 28020156v1 6 Exhibit A Legal Description of Property ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, and all appurtenances thereto belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL Al" on that certain plat entitled "SUBDIVISION PLAT OF PARCEL A (M.B. 243, P. 61) VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20070523000696800. 28020156v1 7 Z t __ , 7 i ,... (\\\\ II • Ce? .. ..,....,..,„x,,, - . ... .. ] *--...,11./....j...„......,...........). .., • -. ir. -. / . ..--'7: .'-• t r--------) ,--___.,.--\ ....._ i I 1 i '\\ ,-, , .'', :t .\ 1.' (4 _ — ./- s . . 1 ,. _._A: 5'7 ? ,,,„., ii / 01,‘, 1 ------t,s, 03 i--- - :-:,, 24, 6°3 :.,::; „ , ,;-; %Sh, b \ 1---... cer-----7 • (0. .5. • -,-',1,..,N.„.„ ---,,,," _.... ,,,,----- . „ ,,..., - •., ..._, 011 1 tO . ..,. . . Al . . c---------__ '1"-----'''''4.----------- -..._ ,I. ------._$.• ---...... 1 r----f---------, • co _.___ . --,,, / , ,.______. • I 4 - b ../ --- ! Pti9 7. /i ., , co i LO -.IS- : ' , re y: / 1 1 8* , CO .. . - - -,1411. I My / / r-------..„4. /. 1-7, ay. .....„.., ii L------ L.--__ „4„...„, ,,,,s- r 4.0 5 4i <„ to � °J 9 N� „��yyJ: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN BAY HOMES INC., A VIRGINIA CORPORATION [Applicant] 3744 SHORE ASSOCIATES, LLC [Property Owner] Conditional Change of Zoning (B-2 Community Business (Shore Drive) to Conditional B-4 Mixed Use (Shore Drive)) & Conditional Use Permit (Multiple-Family Dwellings) 3736 & 3744 Shore Drive (GPINs 1489399034 & 1489490053). COUNCIL DISTRICT— BAYSIDE MEETING DATE: November 15, 2016 ■ Background: In 1985, a Conditional Use Permit for a Gasoline Service Station was approved on the two subject sites. The City Council approved Conditional Use Permits for Boat Sales & Small Engine Repair in 2000, and then approved a modification in 2002. A new applicant has the property under contract and has submitted a request for a Conditional Rezoning to consolidate and redevelop the approximately 24,000 square-foot site with eight residential condominium dwelling units within three buildings. As the property zoned will be rezoned to B-4, a Conditional Use Permit for Multi-Family Dwellings is required and is also being requested. The applicant requested a deferral at the September 14, 2016 Planning Commission hearing in order to meet individually with the adjacent civic league. The three-story, vernacular-style structures are proposed with cement fiber siding and a brick water-table. Architectural accents include columns, multi-story porches, gable roofs and pergolas. Two of the three proposed buildings are situated with staggered front facades facing Shore Drive. Each dwelling unit will have two parking spaces constructed with permeable pavers and is designed with a two-car garage. As is recommend by the Shore Drive Design Guidelines, all parking is proposed to be located behind the buildings. Deviations are proposed to the 35-foot setback from Shore Drive to 10.03 feet, to the 35-foot maximum height requirement to 39 feet, and to the 15-foot minimum yard with Category IV screening requirement for a small section along the northern property line to accommodate drive aisles. • Considerations: As the site will be transformed from an intense, boat repair use to a more appropriate residential use, the deviations, in Staffs mind, are warranted in order to address the odd configuration of the lots while not negatively impacting surrounding properties. The request to rezone and consolidate these parcels for residential purposes, in Staffs opinion, will be a significant enhancement to the Ocean Bay Homes, Inc. Page 2 of 2 Shore Drive Corridor and to the existing residential neighborhood surrounding the site. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. 1. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONCEPTUAL PLANTING PLAN," dated June 30, 2016, prepared by WPL, and is consistent with the plant lists as specified in the Shore Drive Corridor Plan. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 2. Any proposed fencing shall be vinyl and no taller than four (4) feet if adjacent to a right-of-way and no taller than six (6) feet if adjacent to private property. Fence columns shall be constructed with brick and/or parged c.m.u. 3. Each unit on the site shall connect to City water and be served by a single and exclusive water service line and meter. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 4. Each unit on the site shall connect to City sanitary sewer and be served by a single and exclusive sanitary sewer lateral and cleanout. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 16 Submitting De, : Applicant Ocean Bay Homes Inc., a Virginia Corporation Agenda Item Property Owner 3744 Shore Associates, LLC Public Hearing October 12, 2016 (Previously deferred 09/14/2016) D :,,.,, City Council Election District Bayside 4 Virginia Beach Requests Conditional Rezoning (B-2 Community Business (Shore Drive) to Conditional B-4 Mixed Use (Shore Drive)) Conditional Use Permit (Multiple-Family Dwellings) Staff Planner 'e'fer'°"Bowe�rd Jimmy McNamara s„ ,p £ °aa u e04' Location o ` o w 3736 & 3744 Shore Drive I 5µ'4q Paco 4., , A GPINs 1 Stratford Road c 1 D u .2 lib4)1489399034& 1489490053 a o Site Size Shore Orrve a 24,288 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Watercraft sales& repair/B-2 Community Business Surrounding Land Uses and Zoning Districts ' .. North = ,, Duplex dwellings/R-5R Residential Resort fA-, �, r South R ► S ''+► Shore Drive ,. - ' . Motorcycle service/ B-2 Community Business .� '�' • ' East 4g ..' .,4. � ., ..- . • � � gam,, � s Offices/ B-2 Community Business tfor j�� ! Cr , �� ^`_ ,. et,,y West .i�, v o• ~, ?0 I'" ry Roanoke Avenue b ;.' sod Watercraft repair, multi-family dwellings/ R-5R It .- Residential Resort, B-4 Mixed Use ShoretP,rive MIliailc t' A s Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 1 Background and Summary of Proposal • The applicant requested a deferral of this application at the September 14, 2016 Planning Commission hearing. • In 1984, a Conditional Use Permit for a Gasoline Service Station was approved on the subject sites. • These two properties are currently zoned B-2 Community Business District (Shore Drive Overlay) with Conditional Use Permits for Boat Sales and Small Engine Repair. • The applicant requests a Conditional Rezoning to consolidate and redevelop the approximately 24,000 square- foot site with eight residential condominium dwelling units within three buildings. • The site is oddly shaped and bordered by Shore Drive to the south and by a residential street (Roanoke Avenue) to the west. Residential uses exist to the north and office uses occupy the site to the east. • At its widest point,the site is approximately 130 feet wide and tapers down to approximately 65 feet of width at the narrowest point. The site has a length of approximately 240 feet along Shore Drive. Site Design • Two of the proposed buildings are situated with front facades facing Shore Drive with staggered setbacks. The third building is setback further from the right-of-way and the side facade faces Shore Drive. • With the exception of the main vehicular access point along Roanoke Avenue,the entire perimeter of the site will be enclosed by a solid vinyl fence. All fencing along the right-of-way is depicted as four feet in height. Fencing along the northern and eastern property lines will be six feet in height. • Each dwelling unit will have two parking spaces constructed with permeable pavers. In addition, each dwelling unit is designed with a two-car garage. Six guest parking spaces are proposed in the northern portion of the site. As is recommend by the Shore Drive Design Guidelines, all parking is proposed to be located behind the buildings. • The minimum front yard and side yard setbacks along a property line adjacent to a street are 35 feet. A deviation to the setback requirement is requested as the closest portion of one of the structures is proposed at 10.03 feet from the property line. Vehicular and Pedestrian Access • The site is proposed to be accessed from a single 30-foot wide entrance via Roanoke Avenue. The existing entrance along Shore Drive will be closed. • There is an existing five-foot wide sidewalk within a variable width pedestrian access easement along Shore Drive. When the apron is removed adjacent to Shore Drive, it will be replaced with a five-foot wide concrete sidewalk to match the existing sidewalk. • Six units adjacent to Shore Drive will have a direct, individual connection to the Shore Drive sidewalk. Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 2 Architectural Design • The proposed buildings are three-story,vernacular-style buildings with columns and accents constructed with cement fiber siding and a brick water-table feature. The buildings feature gable roofs with architectural shingles and gable end variations in the front. Each dwelling unit will have two, multi-story porches with vinyl clad railings in the front and one porch with a pergola in the rear. • Section 904(b) of the Zoning Ordinance restricts the maximum height of parcel zoned B-4 Mixed Use to 35 feet within one hundred feet of an adjoining residential district. The submitted elevation depict a 39-foot tall structure within ten feet of the residential district. A deviation is requested to address this deficiency. Landscape and Open Space • The submitted buildings' renderings depict perimeter landscaping along the fence line adjacent to the rights-of- way. Ornamental and medium size deciduous street trees are located behind the fence, as is recommended by the Shore Drive Design Guidelines. Interior parking islands are planted with a mix of shrubs, ornamental trees and medium deciduous trees. • A large linear open space area is located along Shore Drive. • Within the Shore Drive Corridor Overlay, a 15-foot minimum yard is required with Category IV plantings. The proposed site layout is deficient of this requirement. A deviation is requested to address this deficiency. ----- 1 Zoning History ` 7s� /"' R sR # Request Imo, 1 MOD(Conditions)Approved 07/02/2002 CUP(Boat Sales&Small Engine Repair)Approved 3 05/09/2000 wraffO � CUP(Automobile Service Station)Approved 01/28/1985 raR B_2 B-2 �girP "' 2 MOD(Proffers)Approved 01/12/2010 244, fa = MOD(Proffers)Approved 01/22/2008 CRZ(B-2 to Conditional B-4)Approved 10/25/2005 CUP(Multiple-Family Dwellings)Approved 10/25/2005 Shore ' v. 3 MOD(Proffers)Approved 01/12/2010 CRZ(B-2 to Conditional B-4)Approved 10/25/2005 t B-2 CUP(Multiple-Family Dwellings)Approved 10/25/2005 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 Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community,the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors,creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Planning policies that apply to this request include improving the land use compatibilities, avoiding over- commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp. 1-70& 1-71) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. The site is also located entirely in the AE Flood Zone with a Base Flood Elevation of seven feet. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Volume 17,300 ADT 1(LOS 4"C") Shore Drive 36,398 ADT 1 31,700 ADT 1(LOS 4"F") Existing Land Use 2—302 ADT Roanoke Avenue No Count Data 9,900 ADT 1(LOS 4"D") Proposed Land Use 3-46 ADT Available 1 Average Daily Trips 2as defined by 24,288 3as defined by eight residential 4 LOS=Level of Service square feet of B-2 property townhouses Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive is a divided four lane urban major arterial. The MTP shows it as a divided road with a bikeway with a 150- foot right-of-way. The Shore Drive and Stratford Road Intersection Improvements CIP project will convert the existing span wire traffic signal into a mast arm signal with guardrail. Pedestrian improvements such as crosswalks are also included.The Lesner Bridge Replacement CIP project is located approximately one-half mile east of the site and is currently under construction. Public Utility Impacts Water The site must connect to City water. The Department of Public Utilities desires each of the proposed units to be served by a single and exclusive water service line and meter and connected to City standard public water lines within an appropriately sized public utility easement along the rear drive aisle. There is an existing 16-inch City water main in Shore Drive and an existing six-inch City water main in Roanoke Avenue. There is also an 18-inch HRSD force main in Shore Drive. Sewer The site must connect to City sanitary sewer. The Department of Public Utilities desires each of the proposed units to be served by a single and exclusive sanitary sewer lateral and cleanout and connect to sanitary sewer mains within an Ocean Bay Homes Inc.,a Virginia Corporation Agenda Item D4 Page 4 appropriately sized public utility easement along the rear drive aisle. There is an existing eight-inch City sanitary gravity main in Shore Drive, in Roanoke Avenue and in West Stratford Drive. Evaluation and Recommendation The proposed rezoning is consistent with the recommendations of the Comprehensive Plan for Suburban Focus Area 1— Shore Drive Corridor by promoting compatible infill development at a density compatible to the surrounding area. Many of the multifamily residential developments that have been constructed along Shore Drive have much more density than is requested with this application. The residential density of the proposed eight unit development is significantly less than the majority of developments along Shore Drive at 14.29 units per acre. The site has a low-lying topography and is located entirely in the AE flood zone. It appears the Base Flood Elevation (BFE)for the site is seven feet. The proposed elevations depict a garage as the lowest level. Parking, building access,and limited storage can be located on the lowest level at grade. However,the living level of the structure must be at or above an elevation two feet above the BFE. Any part of the first level that is below the BFE must be constructed with flood resistant materials and be properly vented as outlined in the Floodplain Ordinance. The applicant is aware of these requirements, as Staff met with the applicant early in the design process. Multiple deviations in regards to setback, building height, and landscaping requirements have been requested. The applicant is requesting that these deficiencies be addressed through the provisions of Section 221 (i)of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that the deviations in this request are warranted given that no adverse detrimental effects are anticipated on the surrounding properties and the quality site design and layout on this irregularly shaped parcel. The Shore Drive Corridor Plan, part of the Comprehensive Plan's Reference Handbook, includes design recommendations for the Shore Drive Corridor addressing setbacks, massing, parking location, landscaping and materials. Below is a brief evaluation of the applicable Guidelines. Setbacks and Massing The Guidelines recommend placing structures close to right-of-way lines to create more architectural interest. In accordance with this recommendation the proposed site layout requests a deviation from the required setbacks to place the proposed structures in a staggered layout closer to the right-of-way than what is permitted by right. Also recommended is that facades be articulated to reduce the scale of the structure and the one-dimensional appearance of buildings to encourage a more human scale and pedestrian orientation. The proposed site layout depicts a staggered massing with multiple plane projections to prevent a long linear massing. The elevations also depict multi-story porch features, bay windows and entry awnings, all of which are consistent with the Guidelines recommendations for creating a more pedestrian scale environment. Materials The Guidelines specifically call for high quality materials for the walls, roofs,windows and doors. The proposed proffers identify materials and design elements of cement fiber siding,vinyl clad railings,columns and accents, architectural shingles, with the water-table feature and masonry fence columns to be a matching combination of brick and/or parged c.m.u., all of which are consistent with the Guidelines. Landscaping The Guidelines recommend that all properties fronting on Shore Drive as the subject property does,are to strive to exceed City development ordinance requirements and adhere to the Shore Drive Recommended Plan Materials List. The submitted Landscape Plan depicts a high level of adherence to City requirements for landscaping. Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 5 Site Layout The proposed layout and materials for the driveway and parking spaces were chosen to minimize impervious surfaces while still providing a logical layout. The multiple pedestrian access points and green space along Shore Drive achieves a multi-modal option for residents. The 48-inch tall vinyl fence with brick fence columns will enclose the site from the busy Shore Drive. Interesting features such as porches, columns, and gable-end roof variations enhance the exterior appearance of the buildings. Consistent with the Guidelines,the front facades of the buildings are located at front yard setback and have multiple street-oriented entrances. Also,the garages of the units are located in the rear of the site and are screened from view of the right-of-way. Staff views the request to rezone this site for residential purposes as an enhancement to the Shore Drive Corridor and to the existing residential neighborhood surrounding the site. Staff recommends approval of the request subject to the proffers and conditions below. Proposed Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, in order to achieve a coordinated design and development of this residential condominium in terms of limited vehicular access, parking, and building layout,the exhibit entitled, "SITE IMPROVEMENT PLAN, MULTI-FAMILY SITE PLAN EXHIBIT", dated June 30, 2016,and prepared by WPL,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning('Concept Plans") shall be substantially adhered to. Proffer 2: When the Property is developed,vehicular ingress and egress shall be via one (1)entrance from Roanoke Avenue. Proffer 3: The architectural design of the buildings depicted on the Concept Plan will be substantially as depicted on the two(2) exhibits entitled "BUILDING ELEVATIONS'Sheets C-3.0 and C-3.1, dated June 30 2016,compiled by WPL("Elevations") and on the four(4) perspectives entitled "shore dr. &Roanoke ave." (a) "corner elevation", (b) "south elevation", (c) "east elevation" and (d) "rear elevation",dated 30 June 2016 ("Renderings"),which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations"). The exterior building materials shall be cement fiber siding,vinyl clad railings, columns and accents,architectural shingles,with the water- table feature and masonry fence columns to be a matching combination of brick and/or parged c.m.u. Proffer 4: When the property is developed,there will be no more than eight(8) residential condominium units as depicted on the Concept Plans. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proffers listed above are acceptable. They provide assurance that the development of the site with eight residential condominium units will be as depicted on the proffered site plan, elevations and renderings. They Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 6 also guarantee that the buildings will be constructed with the materials listed and at the height noted on the submitted elevations. Recommended Conditions 1. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONCEPTUAL PLANTING PLAN," dated June 30, 2016, prepared by WPL, and is consistent with the plant lists as specified in the Shore Drive Corridor Plan.Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 2. Any proposed fencing shall be vinyl and no taller than four(4)feet if adjacent to a right-of-way and no taller than six(6)feet if adjacent to private property. Fence columns shall be constructed with brick and/or parged c.m.u. 3. Each unit on the site shall connect to City water and be served by a single and exclusive water service line and meter. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 4. Each unit on the site shall connect to City sanitary sewer and be served by a single and exclusive sanitary sewer lateral and cleanout. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 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. Ocean Bay Homes Inc.,a Virginia Corporation Agenda Item D4 Page 7 Proposed Concept Plan 1 1 Y y .. y1p.E$ �ia.... 1;1 I :: : r .wn --- iy? 7 i I11EE 4'` !I; 1 q+ I , I/ I 5' r 4••1: , .441 4zi \_ j g ; 111 t E. !tl Ill a it 8 N i I. / [. • •.iE 3l E a iii! y i_r_.), I I‘1 i :: 1 / • _1_ t Ii .. li /% ,., _ , 4--- , -,--4 111 all tk' /1 - sk fE. � � lR1 %kit� �it` - 1 illi • a I.. ,' i YYYYr 8 Q�I�i • ...At*. bb' i '{Y Z snort ..30 00' (..f /J 1 ilr ISL . Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 8 Existing Site Survey , i C.,' ... -.431..( ��}} ..a 4;e R � � - s n `. 1 < l'z# a <` tE - Z 10 li.'",rit • 0 _ my 1,A..a$ W° ..V';10,ill Q' .1111*• SID. o 0, I J k 1Tat ' i G poi r �qt l}i illi((T1 1041!!il!�! ' A tE. chi • E41 T P9 )516 li i Pill FaER#iE�r�ttlN�llSirtTgiES 7 T.e91 9 s T TI T 1 I :IT \ . 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' 7.-Of • _,, .. 4 ' -- -. . - 4•4010,agermalist000-, . ,---------17”,'.7.----,-,,,*4-4:47. - --='---- ...... , , ..... ......, .. , . .. -. •,..1.-..- Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 16 Disclosure Statement 'NM Virginia Beach APPLICANT'S NAME Ocean Bay Homes, 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: 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 (ED1P) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • 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 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 Counci:meeting that pertains to the application)s). Or APPLICANT NOTIFIED OF HEARING CATE. a NO CHANGES AS OF DATE: [1/1/i 6 gal Jimmy McNamara o REVISIONS SUBMITTED DATE: Ocean Bay Homes Inc.,a Virginia Corporation Agenda Item D4 Page 17 Disclosure Statement NE3,4 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ig Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Bay Homes, 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) Brian C. Large, President/Director; Bradley J.Waitzer,Vice President/Director (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronerty owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:3744 Shore Associates, LLC If an LLC,list the member's names:Arthur C.Jeffries, Member;Garret A.Alcaraz,Member Page 2 of 7 Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 18 Disclosure Statement lHy u/ Virginia Beach If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;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 oneratina 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 Ocean Bay Homes Inc.,a Virginia Corporation Agenda Item D4 Page 19 Disclosure Statement APPLICANT `Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) EAccounting and/or preparer of your tax return Architect/Landscape Architect/ WPL Land Planner Contract Purchaser(if other than ng o the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O ® Construction Contractors ® 0 Engineers/Surveyors/Agents WPL Financing(include current C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® D Legal Services Sykes,Bourdon,Ahem&Levy,P.C. Real Estate Brokers/ ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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 Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 20 Disclosure Statement V13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Dicclosure Statement Form is complete,true. and accurate. I I understand that, upon recerpt 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. Crean Bay tonics, Inc. "'"` __, Brain C.. (,arac, Pres. 6/33/16 . .-� . -��' t°�t� nnt.,: un i E Page S of 7 Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 21 Disclosure Statement V13 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 0 Contract Purchaser(if other than 4 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed E " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing(include current TowneBank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) © 0 Legal Services William J.Swanner,III Real Estate Brokers/ C ® Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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 Ocean Bay Homes Inc.,a Virginia Corporation Agenda Item D4 Page 22 Disclosure Statement 711/4B.,, 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 Applicatio 3744 Shore Associates,LLC Garret A.Alcaraz,Member 7/,-,/f PROPERTY OWNER'S SIGN URE PRINT NAME DATE! Page 7 of 7 Ocean Bay Homes Inc., a Virginia Corporation Agenda Item D4 Page 23 Item#D4 Ocean Bay Homes, Inc. Conditional Rezoning Conditional Use Permit 3736&3744 Shore Drive District 4 Bayside October 12, 2016 CONSENT An application of Ocean Bay Homes, Inc.for a Conditional Rezoning from B-2 Community Business to Conditional B-4 Mixed Use(Shore Drive Overlay) and a Conditional Use Permit for Multiple Family Dwellings on property located at 3736&3744 Shore Drive, District 4, Bayside. GPINs: 1489-39-9034- 0000; 1489-49-0053-0000. PROFFERS Proffer 1: When the Property is developed, in order to achieve a coordinated design and development of this residential condominium in terms of limited vehicular access, parking, and building layout,the exhibit entitled, "SITE IMPROVEMENT PLAN, MULTI-FAMILY SITE PLAN EXHIBIT", dated June 30, 2016, and prepared by WPL,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (`Concept Plans") shall be substantially adhered to. Proffer 2: When the Property is developed,vehicular ingress and egress shall be via one (1)entrance from Roanoke Avenue. Proffer 3: The architectural design of the buildings depicted on the Concept Plan will be substantially as depicted on the two (2)exhibits entitled "BUILDING ELEVATIONS' Sheets C-3.0 and C-3.1, dated June 30 2016, compiled by WPL("Elevations")and on the four(4) perspectives entitled "shore dr. & Roanoke ave." (a) "corner elevation", (b) "south elevation", (c) "east elevation" and (d) "rear elevation",dated 30 june 2016("Renderings"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be cement fiber siding,vinyl clad railings, columns and accents, architectural shingles, with the water-table feature and masonry fence columns to be a matching combination of brick and/or parged c.m.u. Proffer 4: When the property is developed,there will be no more than eight (8) residential condominium units as depicted on the Concept Plans. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Item#D4 Ocean Bay Homes, Inc. Page 2 CONDITIONS OF CONDITIONAL USE PERMIT 1. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONCEPTUAL PLANTING PLAN," dated June 30, 2016, prepared by WPL, and is consistent with the plant lists as specified in the Shore Drive Corridor Plan. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 2. Any proposed fencing shall be vinyl and no taller than four(4)feet if adjacent to a right-of-way and no taller than six(6)feet if adjacent to private property. Fence columns shall be constructed with brick and/or parged c.m.u. 3. Each unit on the site shall connect to City water and be served by a single and exclusive water service line and meter. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 4. Each unit on the site shall connect to City sanitary sewer and be served by a single and exclusive sanitary sewer lateral and cleanout. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item D4. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item D4 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ��GIA AC.Y ° 'c z CITY OF VIRGINIA BEACH U 7S `a ar� INTER-OFFICE CORRESPONDENCE s % '\,__,_,..:_t_V_.4, 7,,0_ / 4- S9 '' OUR NO\C'a In Reply Refer To Our File No. DF-9707 DATE: November 3, 2016 TO: Mark D. Stiles DEPT: City Attorney i+' . ' FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; Ocean Bay Homes, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 15, 2016. I have reviewed the subject proffer agreement, dated June 30, 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 OCEAN BAY HOMES, INC., a Virginia corporation 3744 SHORE ASSOCIATES, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of June, 2016, by and between OCEAN BAY HOMES, INC., a Virginia corporation, Grantor, party of the first part; 3744 SHORE ASSOCIATES, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of two (2) parcels of property located in the Bayside District of the City of Virginia Beach, containing approximately .558 acres, which are more particularly described as Parcels 1 and 2 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the parcels described in Exhibit "A" and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from unconditional B-2 Community Business District to Conditional B-4 Resort Commercial District(SD); and GPIN: 1489-49-0053 (Lot 6A) 1489-39-9034 (Lot 7A) Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-4 Zoning District and the Shore Drive Overlay District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development of this residential condominium in terms of limited vehicular access, parking, and building layout, the exhibit entitled, "SITE IMPROVEMENT PLAN, MULTI-FAMILY SITE PLAN EXHIBIT", dated June 30, 2016, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Concept Plans") shall be substantially adhered to. 2 2. When the Property is developed, vehicular ingress and egress shall be via one (1) entrance from Roanoke Avenue. 3. The architectural design of the buildings depicted on the Concept Plan will be substantially as depicted on the two (2) exhibits entitled "BUILDING ELEVATIONS" Sheets C-3.o and C-3.1, dated June 30, 2016, compiled by WPL ("Elevations") and on the four (4) perspectives entitled "shore dr. &roanoke ave." (a) "corner elevation", (b) "south elevation", (c) "east elevation" and (d) "rear elevation", dated 3o june 2016 ("Renderings"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be cement fiber siding, vinyl clad railings, columns and accents, architectural shingles, with the water- table feature and masonry fence columns to be a matching combination of brick and/or parged c.m.u. 4. When the Property is developed, there will be no more than eight (8) residential condominium units as depicted on the Concept Plans. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: 3 (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Ocean Bay Homes, Inc., a Virginia corporation By: / ".,,.., (SEAL) :ee.a'}:"ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 30th day of June, 2016, by Brian C. Large, President of Ocean Bay Homes, Inc., a Virginia corporation, Grantor. e-rock CilAilf2— Notary Public My Commission Expires: De .3k,aOROChia Paciulli Ia. �[ Commwriw Notary Registration Number: ''1 1(663011 # cam PIP" 5 WITNESS the following signature and seal: Grantor: 3744 Shore Associates, LLC, a Virginia limited liability company By: / (SEAL) Garret A.Akaraz, M er STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this (9'e' day of Lti , 2016, by Garret A. Alcaraz, Member of 3744 Shore Associates, LLC, a Virginia i d liability company, Grantor. ,sae SUSAN K ATKINSON a r� ' NOTARY PUBLIC 7680109 -1!-„;;fp COMMONWEALTH OF VIRGINIA G.44sral �. M MY COMMA§IAN 413111g§MAp011 9119929 Notary Public My Commission Expires: 0161 ' c) Notary Registration Number: 7(08 01 6 EXHIBIT "A" PARCEL 1: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot 6A, as shown on that certain plat entitled, "Plat Showing Resubdivision of Lots 6 through 9 inclusive, Block 26, Ocean Park, Section B"',which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 293,at Pages 52 and 53. GPIN: 1489-49-0053 PARCEL 2: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot 7A, as shown on that certain plat entitled, "Plat Showing Resubdivision of Lots 6 through 9 inclusive, Block 26, Ocean Park, Section B"',which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 293,at Pages 52 and 53. GPIN: 1489-39-9034 H:\AM\Conditional Rezoning\Ocean Bay Homes\3744 Shore Drive\Proffer.doc 7 F. --F s T yi I ,, i +Ilki — i- itlide LLJ ,.. c,, . , \ ,, • ` ---. \-- I IT ..,..,,, •i L--= ri. c"------ I 6 N,... ._ 41ti-s-, . Niti, ' \s- - '-\\ 0::- mxw k .N31.). 7� • dini Six \ ..• .; .. 031 c4 Nfipp all 01/11.111%. • • N. , . NJr VIP-in_ \\CO "N. rf� JJ .400P°_77:----1:--"- ...------4,1,-------6 ....- ' k! .. ..01.11 .1----------'--- 0* ___------ _. _. --_ -- '-‘_:,:1-.--I 40%20k 11' _______._-- ----'--- --------11 \------------ li,N N______----- I Nu ems, f� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DONNA HOUSE [Applicant] Northampton Executive Center, LLC [Owner] Conditional Use Permit (Tattoo Parlor) 1300 Diamond Springs Road (GPIN 1469115141) COUNCIL DISTRICT— BAYSIDE MEETING DATE: November 15, 2016 ■ Background: The applicant requests a Conditional Use Permit for a Tattoo Parlor for permanent makeup (the process of inserting pigment into the dermal layer of the skin) within an existing office building at the corner of Diamond Springs Road and Northampton Boulevard. The applicant currently operates, with a Conditional Use Permit, at 152 Newtown Road. There will be one employee. The hours of operation are by appointment only, Monday through Friday. • Considerations: In Staffs opinion, this Conditional Use Permit request for a Tattoo Parlor in an existing office building is generally consistent with the Comprehensive Plan's land use policies for the Burton Station Strategic Growth Area, as the use will be a service-oriented business for residents in the neighborhood and in the community. No exterior improvements to the site are proposed, other than signage. Staff recommends, and the Planning Commission agrees, that the condition related to signage be consistent with other similar and recently approved Conditional Use Permit applications for Tattoo Parlors. Based on this, Condition 3 below specifically prohibits the installation of neon and electronic display signs; the posting of accents (banners) on the exterior of the building, in or on the windows, or on the doors; and the placement of any signs on the exterior or within the interior of the windows. The condition also recommends the use of higher-quality sign materials and design, such as either externally lit or raceway-mounted channel letters with L.E.D. illumination. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, with one abstention, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. Donna House Page 2 of 2 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment 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. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart • - Agency: Planning Department- ' City Manager: 41, 1,4 Applicant Donna House Agenda Item Property Owner Northampton Executive Center, LLC P ctcyaicf ublicCouncil HearingElection October 12, 2016 City District Bayside Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Planner „dataA„e„„e Jonathan Sanders o. ,Nafd Coot 3 Location 1300 Diamond Springs Road, Suite 102 - -- GPIN �r Q� 0 1469115141 r 4,,,./ 4. Site Size4,4 iShell Road 0.37 Acres AICUZ Sale farm Road Less than 65 dB DNL Front Seeet Existing Land Use and Zoning District Office/ B-2 Community Business Surrounding Land Uses and Zoning Districts North Apartments (under construction)/Conditional B-2 Community Business South Fuel Sales, Convenience Store/ B-2 Community • Business r East : 1 I1 / - de e. Offices/0-2 Office District West Offices/0-2 Office District tti - 4 . ,, I ‘ r . , ,... , - - •• s► .... . , Donna House Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Tattoo Parlor to do permanent makeup within an existing office building at the corner of Diamond Springs Road & Northampton Boulevard.The applicant is currently doing business at "A Look to Last" with a Conditional Use Permit operating at 152 Newtown Road, Suite 109. • There will only be one employee. • The hours of operation will be by appointment only, Monday- Friday. e-2 Zoning History l -:14 # Request pph • • 1 CRZ(B-2 to Conditional A-36)Approved 08/19/2014 1.1 / e-r / CUP(Vocational School)Approved 08/19/2014 N `'; ! . /// CUP(Communications Facility)Approved 04/11/2000 t` 2 CRZ(I-1 to Conditional 0-2)Approved 02/26/2013 ;B. e_/ -1a CUP(Single Room Occupancy Facility)Approved o, a; 02/26/2013 0-2*2 `a �0 B-2 MOD(Proffers)Approved 03/13/2007 Qt° CUP(Hotel)Approved 03/13/2007 / f „Road CRZ(B-2 to I-1)Approved 02/28/2006 8.2 i 3 5re3 CUP(Communications Tower)Approved 11/28/2006 CRZ(0-2 to Conditional 0-1)Approved 09/27/2005 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This site is within the Burton Station Strategic Growth Area. The ultimate pattern of development envisions a revitalized Burton Station neighborhood that achieves a land use and design strategy that respects the heritage of Burton Station and is an integral part of a larger planned residential community with open space and employment opportunities. (p. 1-15) Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed.As the property is developed with an office building and parking lot, there do not appear to be any significant natural or cultural resources associated with the site. Donna House Agenda Item 1 Page 2 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic No change is expected from the 28,887 ADT 1(LOS 2"C") number of trips generated by this Diamond Springs Road 28,887 ADT 1 30,600 ADT 1(LOS 2"E") use occupying an existing unit within an office building. 1 Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are currently no CIP projects scheduled for Diamond Springs Road near this site. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The Conditional Use Permit request for a Tattoo Parlor in an existing office building is generally consistent with the Comprehensive Plan's land use policies for the Burton Station Strategic Growth Area as the use supports service oriented uses for the neighborhood and community. No exterior improvements to the site are proposed. Staff recommends a condition to address signage, consistent with other similar and recent applications. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment 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. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 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 Donna House Agenda Item 1 Page 3 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. Donna House Agenda Item 1 Page 4 Proposed Site Layout j„... \.,\'''' olive . WiVe Sar i- * B-2 y f. Proposed '� - //' 1St floor unit - / in the existing office building ` ' ` B- { r,, - - _ _ �' '�, � \"tel / j, /11 , , ,..., ., 41446. '.I 1 '' ' 43 ' / .`t 0-2* '-_ . ,,,,,, :i G;p 4,k'\'''\'• \ / .-, '',. . , ,./ • - -- 4.0 ' \ '-----T-------..,_,___2.y �� fl',.;/:/' J`� , :to --c,-- _. '' ' ,rf il 13 -.c.. 0\; • \ 0 o V. B-2 --?:t �. Donna House Agenda Item 1 Page 5 Site Photos lii III Ii aJ •.* d - -- - - • 44,5, •+• • . , Donna House Agenda Item 1 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Donna House DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • 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 J EII c'.:sctos errs must be updated tv i2}weeks pr. to any` Page 1 of 7 Planning Commission and City Council meeting that pertains to the apphcationfs) 0 APPLICANT NOTIFIED OF HEARING DATE / VNO CHANGES AS OF DATE I 1/2/ l Ej JS Jonathan Sanders 0 REVISIONS SUBMITTED DATE— Donna House Agenda Item 1 Page 7 Disclosure Statement 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:_PcM In"-- ou) If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl 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:Northampton Executive Center, LLC If an LLC, list the member's names:Mark F Garcea and Page S. Johnson, II Page 2 of 7 Donna House Agenda Item 1 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 1 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va, Code § 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." 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 Donna House Agenda Item 1 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Sheri Thomas your tax return 6023 Steeplechase Lane,Suffolk (� X Architect/Landscape Architect/ Land Planner � Contract Purchaser(if other than I^ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I^' Construction Contractors ISI Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders I/VI selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers / 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 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 Donna House Agenda Item 1 Page 10 Disclosure Statement V13„.„., 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 \...„v4L�ti PRINT NAME DATE Page 5 of 7 Donna House Agenda Item 1 Page 11 Disclosure Statement OWNER Virginiaa Beam, YES NO SERVICE PROVIDER(use additional sheets if needed) XAccounting and/or preparer of your tax return X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) tJ Construction Contractors Ix Engineers/Surveyors/Agents --- Financing(include current f I mortgage holders and lenders LJ selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers / XAgents/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 LJ I^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 Donna House Agenda Item 1 Page 12 Disclosure Statement Virginia Beath 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. -\,,-c__ ---- A-,\\,,-\„,-A -\\Yk\u PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Donna House Agenda Item 1 Page 13 Item #1 Donna House Conditional Use Permit 1300 Diamond Spring Road,Suite 102 District 4 Bayside October 12, 2016 CONSENT An application of Donna House for a Conditional Use Permit(Tattoo Parlor) on property located at 1300 Diamond Springs Road, Suite 102, District 4, Bayside. GPIN: 1469-11-5141-0000. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment 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. Window signage shall not be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 1. AYE 10 NAY 0 ABS 1 ABSENT 0 HODGSON ABS HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1,with the abstention so noted,the Commission approved item 1 for consent. The applicant appeared before the Commission. ue 1N H1� , ,e, ".... l �t +moi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH —AN ORDINANCE TO AMEND SECTION 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO FIBER-OPTICS TRANSMISSION FACILITIES MEETING DATE: November 15, 2016 • Background: Currently, Section 1001 of the Zoning Ordinance identifies "Fiber Optic Transmission Facilities" as requiring a Conditional Use Permit in the I-1 Light Industrial and in the 1-2 Heavy Industrial Zoning Districts. This proposed amendment will allow "Fiber Optic Transmission Facilities" as a matter of right in both the I-1 and 1-2 Industrial Zoning Districts. • Considerations: Upon review of the by-right uses permitted in both the I-1 and 1-2 Industrial Districts, Fiber-Optics Transmission Facilities were deemed compatible with the other permitted uses in these districts. This amendment will reduce the review time and cost for businesses seeking to locate these types of facilities in Virginia Beach, which Staff believes will, in turn, improve upon the existing available technology in our region and encourage future economic growth. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report (includes Ordinance) Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant City of Virginia Beach Agenda Item Public Hearing October 12, 2016 Fiber-Optics Transmission Facilities 13 c„,,of Virginia Beach Request An Ordinance to Amend Section 1001 of the City Zoning Ordinance pertaining to Fiber-Optics Transmission Facilities. Summary of Request Currently, Section 1001 of the Zoning Ordinance identifies "Fiber Optic Transmission Facilities"as requiring a Conditional Use Permit in the I-1 Light Industrial and 1-2 Heavy Industrial Zoning Districts.This proposed amendment will make "Fiber Optic Transmission Facilities" a permitted use in both the I-1 and 1-2 Zoning Districts.These facilities will be permitted by-right provided they conform to the requirements of Section 233.15 of the Zoning Ordinance, shown below. Section 233.15-Fiber-Optics Transmission Facilities a) All equipment shall be located within a fully-enclosed building; b) Minimum lot area shall be twenty thousand (20,000) square feet; c) All lighting shall be directed toward the interior of the site and shall be designated so as to shield adjacent properties from light and glare; and d) Where adjacent to a residential or apartment district without an intervening street, alley or body of water greater than twenty-five (25)feet in width, a minimum fifteen-foot setback shall be required along all lot lines adjoining such residential or apartment district, and Category IV landscape screening shall be required unless otherwise specified in the conditional use permit. No building or structure or vehicular parking surface shall be located within such setback. Recommendation Staff recommends approval of this amendment to allow for Fiber-Optics Transmission Facilities to be a permitted use in the Industrial Zoning Districts. Fiber-Optics Transmission Facilities are a compatible use with other permitted uses in the Industrial Districts,and are a use that will greatly benefit the City of Virginia Beach by improving the available technology and encourage future economic growth. City of Virginia Beach Agenda Item 13 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 2 1001 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO FIBER-OPTIC 4 TRANSMISSION FACILITIES 5 6 Section Amended: City Zoning Ordinance§ 1001 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1001 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 233.15.— Fiber-optics transmission facilities. 18 19 In addition to general requirements, fiber-optics transmission facilities shall be 20 subject to the following requirements, which shall be deemed to be conditions of the 21 conditional use permit: 22 23 (a) All equipment shall be located within a fully-enclosed building; 24 25 (b) Minimum lot area shall be twenty thousand (20,000)square feet; 26 27 (c) All lighting shall be directed toward the interior of the site and shall be designed 28 so as to shield adjacent properties from light and glare; and 29 30 (d) Where adjacent to a residential or apartment district without an intervening street, 31 alley or body of water greater than twenty-five (25) feet in width, a minimum 32 fifteen-foot setback shall be required along all lot lines adjoining such residential 33 or apartment district, and Category IV landscape screening shall be required 34 unless otherwise specified in the conditional use permit. No building or structure 35 or vehicular parking surface shall be located within such setback. 36 37 . 38 39 COMMENT 40 41 This section is provided for reference only. 42 43 Sec. 1001. - Use regulations. 44 45 (a) Principal and conditional uses. The following chart lists those uses permitted within 46 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective 47 industrial districts shall be permitted as either principal uses indicated by a "P"or as City of Virginia Beach Agenda Item 13 Page 2 Ordinance 48 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 49 prohibited in the respective districts. No uses or structures other than as specified 50 shall be permitted. 51 Use I-1 1-2 Fiber-optics transmission facilities meeting the requirements of Section 233.15 GP GP 52 COMMENT 53 54 This amendment will allow fiber-optic transmission facilities as a permitted use in the I-1 55 and 1-2 Zoning Districts if they meet the requirements of Section 233.15, which are the 56 requirements for a fiber-optic transmission facility as a conditional use. 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: {?(jr1 Iif\()dj • )01€011 Planning Depart e City Attorney's Office CA13815 R-2 August 31,2016 2 City of Virginia Beach Agenda Item 13 Page 3 1 AN ORDINANCE TO AMEND SECTION 2 1001 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO FIBER-OPTIC 4 TRANSMISSION FACILITIES 5 6 Section Amended: City Zoning Ordinance § 1001 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1001 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 233.15. — Fiber-optics transmission facilities. 18 19 In addition to general requirements, fiber-optics transmission facilities shall be 20 subject to the following requirements, which shall be deemed to be conditions of the 21 conditional use permit: 22 23 (a) All equipment shall be located within a fully-enclosed building; 24 25 (b) Minimum lot area shall be twenty thousand (20,000) square feet; 26 27 (c) All lighting shall be directed toward the interior of the site and shall be designed 28 so as to shield adjacent properties from light and glare; and 29 30 (d) Where adjacent to a residential or apartment district without an intervening street, 31 alley or body of water greater than twenty-five (25) feet in width, a minimum 32 fifteen-foot setback shall be required along all lot lines adjoining such residential 33 or apartment district, and Category IV landscape screening shall be required 34 unless otherwise specified in the conditional use permit. No building or structure 35 or vehicular parking surface shall be located within such setback. 36 37 . . . . 38 39 COMMENT 40 41 This section is provided for reference only. 42 43 Sec. 1001. - Use regulations. 44 45 (a) Principal and conditional uses. The following chart lists those uses permitted within 46 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective 47 industrial districts shall be permitted as either principal uses indicated by a "P" or as 48 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 49 prohibited in the respective districts. No uses or structures other than as specified 50 shall be permitted. 51 Use I-1 1-2 Fiber-optics transmission facilities meeting the requirements of Section 233.15 GP GP 52 COMMENT 53 54 This amendment will allow fiber-optic transmission facilities as a permitted use in the I-1 55 and I-2 Zoning Districts if they meet the requirements of Section 233.15, which are the 56 requirements for a fiber-optic transmission facility as a conditional use. 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: Air ow, 1� )dOatet Planning Depart e City Attorney's Office CA13815 R-2 August 31, 2016 2 Item#13 City of Virginia Beach An Ordinance to Amend Section 1001 of the City Zoning Ordinance pertaining to Fiber-Optics Transmission Facilities October 12, 2016 CONSENT An Ordinance to Amend Section 1001 of the City Zoning Ordinance pertaining to Fiber-Optics Transmission Facilities. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 13. AYE 11 NAY 0 ABS 0 ABSENT HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 13 for consent. Kevin Kemp appeared on behalf of the City. L. APPOINTMENTS BUILDING CODE OF APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM-CSA COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** CITY COUNCIL WINTER RETREAT Economic Development Conference Room 4525 Main Street, Suite 700, Town Center February 13-14, 2017 8:30 AM to 4:30 PM 11/15/16 tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 11/1/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L N A O O O R S 0 R E E ENSNM 1 00 T R Y S E SDSNND CITY COUNCIL'S BRIEFINGS ADD REAL ESTATE TAX ABATEMENT Jerald Banagan,Real ON FOR UNFIT STRUCTURES Estate Assessor ONLINE HOME SHARING(AIRBNB) Jack Drescher,Chair, Ad Hoc Com CITY MANAGER'S BRIEFINGS NEXT GENERATION NETWORK Darrell Riddick,Chief Techonology Officer, IT LIGHT RAIL EXTENSION Brian Solis, Transportation/Transit Planning Mgr,SGA HURRICANE"MATTHEW" David L.Hansen,City Manager • III/IVN/ CERTIFICATION OF CLOSED 10-0 Y Y Y Y Y Y Y Y Y Y A VLA-E SESSION F MINUTES APPROVED 9-0 Y Y Y Y Y A Y Y Y Y A October 18,2016 B S T A N E D G/H MAYOR'S PRESENTATION NATIVE AMERICAN HERITAGE Lee Lockamy- MONTH-Proclamation Nansemond Indian Tribal Council PUBLIC HEARING No Speakers Excess Property 5361 Cleveland Street J/1 Ordinance to AMEND the City Code re ADOPTED,BY 10—0 Y Y Y Y Y Y Y Y Y Y A parking exemptions for Service Disabled CONSENT Veterans CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 11/1/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOK MMS H LW O Y LN A O O O R S 0 R EEENSNM I 00 T R Y S E SDSNND 2 Ordinance to DECLARE 5361 Cleveland ADOPTED,BY 8-1 YYYY Y N Y AY Y A Street to be EXCESS/AUTHORIZE the CONSENT B City Manager to execute the necessary S sales documents with SOLUTIONS T ENTERPRISES,LLC A N E D 3 Resolution to GRANT extension to USM ADOPTED 9-1 Y Y N Y Y Y Y Y Y Y A re commitment for the Arena development 4 Ordinance to CONFIRM a Declaration of ADOPTED,BY 10—0 Y Y Y Y Y Y Y Y Y Y A a Local Emergency re Hurricane CONSENT "Matthew" • 5 Ordinance to AUTHORIZE all ADOPTED,BY 10—0 Y Y Y Y Y Y Y Y Y Y A documents for a lease of property from the CONSENT Commonwealth at Camp Pendleton re transoceanic fiber communication cables/ESTABLISH Project re in-kind utilities 6 Ordinance to AUTHORIZE a temporary ADOPTED,BY 9-0 Y Y Y Y Y Y Y A Y Y A encroachment into a portion of City- CONSENT B owned property known as Fleming Circle S for Mayfair,Inc.re additional parking T spaces A DISTRICT 6—BEACH N E D 7 Resolution to CONFIRM the City ADOPTED,BY 10—0 Y Y Y Y Y Y Y Y Y Y A Attorney's appointment of Tobias L. CONSENT Eisenlohr as Assistant City Attorney, effective November 7,2016 8 Ordinances to APPROPRIATE: ADOPTED,BY 10—0 Y Y Y Y Y Y Y Y Y Y A CONSENT a. $1.4-Million to Fire from FEMA re deployment re Hurricane"Matthew" b. $57,492 from the Social Services Gift Fund re various Human Services programs CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 11/1/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU 1 P DNOKMMS H LW O Y LN A O O O R S 0 R EE ENS NM 1 00 T R Y S E SDSNND K.1 THOMAS BROWN Variance to create APPROVED/ 10—0 Y Y Y Y Y Y Y Y Y Y A two(2)new lots at 843 Muth Lane CONDITIONED,BY DISTRICT 2-KEMPSVILLE CONSENT 2 1094 DIAMOND SPRINGS ROAD for APPROVED/ 10—0 Y Y Y Y Y Y Y Y Y Y A a Modification of Conditions to redevelop CONDITIONED,BY the site re an Animal Hospital at 1094 CONSENT Diamond Springs Road DISTRICT 2- KEMPSVILLE 3 NEW JERUSALEM CHURCH APPROVED/ 10—0 Y Y Y Y Y Y Y Y Y Y A Modification of Conditions re parking to CONDITIONED,BY improve an existing parking area 118 CONSENT Bishop Thoroughgood Avenue DISTRICT 6-BEACH 4 VIRGINIA BEACH RECYCLING, APPROVED/ 9-0 Y Y Y Y Y Y Y A Y Y A INC/BENJAMIN ROD/MICHAEL V. CONDITIONED,BY B RODRIGUEZ for a CUP re solid waste CONSENT S recycling at 2544/2552 Aviator Road T (West Oceana)DISTRICT 3—ROSE A HALL N E D 5 ANCIENT ART TATTOO STUDIO APPROVED/ 9-0 Y Y Y Y Y Y Y A Y Y A IV,LLCNILLAGE ASSOC,LLLP for CONDITIONED,BY B a CUP re a tattoo parlor/piercing at CONSENT S 2605 Virginia Beach Boulevard T DISTRICT 6-BEACH A N E D 6 NIMMO CEMETERY ASSOC for a APPROVED/ 10—0 Y Y Y Y Y Y Y Y Y Y A CUP re Columbarium at 2200 Princess CONDITIONED,BY Anne Road DISTRICT 7—PRINCESS CONSENT ANNE L APPOINTMENTS RESCHEDULED B YCONS ENS U S HEALTH SERVICES ADVISORY BOARD TOWING ADVISORY BOARD AGRICULTURAL ADVISORY Appointed: 10—0 Y Y Y Y Y Y Y Y Y Y A COMMISSION 4 yr term 11/1/16—9/30/20 Billy Vaughan Appointed: Michael L.Cullipher —Ex Officio CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 11/1/2016 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 AOOOR S 0 R EEENSNM I 00 T R Y S E SDSNND GREEN RIBBON COMMITTEE Appointed: 10—0 Y Y Y Y Y Y Y Y Y Y A Robert"Bob" Thornton—Planning Commission 2 yr term 11/1/16-10/31/18 Barry Frankenfield— Staff Liaison and Reappointed: 1 yr term 11/1/16-10/31/17 William D.Almond— Landscape Architect Robert Edward Bourdon—Attorney Christy Everett— Chesapeake Bay Fnd Wayne McCoy— Environmental Scientist Emily Steinhilber— Environmental Consultant 2 yr term 11/1/16-10/31/18 Jason Barney— Environmental Joshua D.Clark— TBA Karen Forget— Lynnhaven River Now Kenneth Jobe— Beaches and Waterways Robert S.Miller,III —Civil Engineer 3 yr term 11/1/16-10/31/19 June Barrett- McDaniels—Civil Engineer Jeanne Evans-Cox— CBDA Capt.John C. Ludford—Oysterman John Olivieri—TBA PERSONNEL BOARD Appointed: Unexpired thru 10—0 Y Y Y Y Y Y Y Y Y Y A 2/28/18 George Tzavaras CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 11/1/2016 PAGE: 5 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 AOOOR S 0 R EE EN S NM I 00 T R Y S E SDSNND PUBLIC LIBRARY BOARD Appointed: 10—0 Y Y Y Y Y Y Y Y Y Y A Unexpired through 8/31/17+3 yrs to 8/31/20 Robert Krebs 2040 VISION TO ACTION Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y A COMMUNITY COALITION 4 yr term 11/1/16-6/30/20 David Weiner BOARD OF ZONING APPEALS Reappointed: 10—0 Y Y Y Y Y Y Y Y Y Y A 5 yr term 1/1/17—12/31/22 Harry R.Purkey,Jr. CHESAPEAKE BAY Reappointed: 10-0 Y Y Y Y Y Y Y Y Y Y A PRESERVATION AREA BOARD 3 yr term 1/1/17—12/30/20 David Jester COMMUNITY SERVICES BOARD- Reappointed: 10—0 Y Y Y Y Y Y Y Y Y Y A CSB 3 yr term 1/1/17—12/30/20 Kay Ashby—Family Member Dolores Bartel— Family Member Phillip Black— Interested party Diane Jones—Family Member HAMPTON ROADS ECONOMIC Reappointed: 10—0 Y Y Y Y Y Y Y Y Y Y A DEVELOPMENT ALLIANCE 1 yr term 1/1/17-12/31/2017 Dorcas Helfant Browning Bryan Cuffee— Development Authority William D.Sessoms, Mayor CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:11/1/2016 PAGE: 6 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 I 00 T R Y S E SDSNND HISTORIC PRESERVATION Reappointed: 10—0 Y Y Y Y Y Y Y Y Y Y A COMMISSION 3 yr term 1/1/17—12/30/20 Dr.Glenn Carwell Bernice Pope M/N/O ADJOURNMENT 6:23 PM PUBLIC COMMENT 6:23-6:27 P.M. 1 Speaker