No preview available
HomeMy WebLinkAboutAPRIL 4, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL v4ueS4 MAYOR WILLIAM D.SESSOMS JR At-Large \QS 4s, CkA VICE MAYOR LOUIS R JONES Bayside-D - p 4 4 O JESSICA E ABBOTT K. p v II Dutrict 2 M.BENJAMIN DAVENPORT At Lg ❑ /1� '2 ROBERT M DYER C II D I U- / \ BARBARA M HENLEY Princess" Anne District 7 SHANNON DS KANE Row Hall Dinrici 3 JOHN D MOSS.At Large • JOHN F.UHRLN.Beach District 6 ou. n 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 23456-91105 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE.-1357/385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITYAUDIIOR LYNDONS REMIAS E-MAIL:(tycncl(vbgov com CITY CLERK RUTH HODGES 4RASER,MMC April 4, 2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING L CITY COUNCIL BRIEFINGS -Conference Room- 2:30 PM A. FY 2017-18 RESOURCE MANAGEMENT PLAN (Budget) CAPITAL IMPROVEMENT PROGRAM Commonwealth's Attorney Sheriff and Corrections Emergency Communications and Citizen Services Emergency Medical Services Fire Department Office of Emergency Management Police Department II. CITY MANAGER BRIEFINGS A. Hampton Roads Transportation(HRT) FUNDING Brian Solis, Transportation and Transit Planning Manager B. Southeaster Public Service Authority(SPSA) LANDFILL and DISPOSAL Thomas Leahy, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV CITY COUNCIL COMMENTS V CITY COUNCIL AGENDA REVIEW VI INFORMAL SESSION -Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Father James Parke Retired Priest of the Diocese of Richmond, James Parke C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES SPECIAL FORMAL SESSION March 14, 2017 INFORMAL and FORMAL SESSIONS March 21, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS I. EXCESS CITY PROPERTY a. 245 Middle Lane b. 627 Terrace Avenue adjacent to Lake Rudee c. Interfacility Traffic Area Conveyance of Restrictive Easements 2848 Indian River Road 2508 Salem Road 2509 Salem Road Salem Road acquired from Edward Sargeant Indian River Road acquired from Hilda A. Witherington I. ORDINANCES/RESOLUTIONS L Ordinances to AMEND the City Code: a. § 36-96 re operations of taxicabs within the City b. § 2-72 re Personnel Board membership c. § 2-110 to allow the City Manager discretion in pay adjustments d. § 2-117 re reclassification for career progression 2. Ordinance to DECLARE Excess City Property with Restrictive Easements on Indian River Road and Salem Road in the Interfacility Traffic Area: and, AUTHORIZE the City Manager to sell same to the United States of America: a. 2848/2508/2509/Salem Road b. .99 acres on Salem Road acquired from Edward Sargeant c. Five acres on Indian River Road acquired from Hilda A. Witherington 3. Ordinances to DECLARE Excess City Property: a. Adjacent to 627 Terrace Avenue and AUTHORIZE the City Manager to sell same to Bradley C. Durfey b. 245 Middle Land and AUTHORIZE the City Manager to sell the Eastern half of the property to Samuel G. and Terrie M. Reid and the Western half of the property to Patricia Straight. 4. Ordinance to ADOPT the 2017 Housing Choice Voucher Annual Agency Plan, including a revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U. S. Department of Housing and Urban Development (HUD) 5. Ordinances to AUTHORIZE acquisition of: a. Three (3) easements from the United States of America, Department of the Navy, across property near Potters Pit b. Property in fee simple as right-of-way for the Shipp's Corner Road improvements and the acquisition of temporary and permanent easements, either by agreement or condemnation 6. Ordinances to ACCEPT,APPROPRIATE and TRANSFER: a. $1,800,000 to the Risk Management Internal Services Fund b. $1,951,076 from Virginia Department of Transportation (VDOT) to Public Works for road maintenance c. $57,000 from the U.S. Department of Justice to the Police for Human Trafficking Enforcement and Training d. $11,250 from the Federal and State Seized Asset Fund Balance to the Police in a grant match e. $150,000 within Public Libraries to purchase a Point-of-Sale system, computers and related equipment J. PLANNING 1. BRYANT WINDBORNE for a Variance to § 4.4 (b) of the Subdivision Regulations re a single family home at 2832 West Gibbs Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. OANH DANG and HOLLAND SOUTH INVESTMENTS, LLC for Modification of Conditions re business and vocational school at 3420 Holland Road (Approved March 3, 2015) DISTRICT 3— ROSE HALL RECOMMENDATION: APPROVAL 3. BELIN MUTUAL FINANCE, LLC. for a Conditional Change of Zoning from AG-2 Agricultural to Conditional I-1 Light Industrial and Conditional Use Permits re auto repair and bulk storage at 3156 Holland Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 4. ELLEN ABNEY and DARRELL and ELLEN ABNEY for a Conditional Use Permit re home- based Wildlife Rehabilitation at 428 Becton Place DISTRICT 5—LYNNHAV EN RECOMMENDATION: APPROVAL 5. CITY ZONING ORDINANCES (CZO)to AMEND: a. § 905 re sign regulations in the B-4K Kempsville Area Mixed Use District b. § 1110 re home-based Wildlife Rehabilitation as a Conditional Use in the PD-H1 Planned Unit Development District c. 2016 Comprehensive Plan Policy Document re Seapines Station K.APPOINTMENTS BAYFRONT ADVISORY COMMISSION GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M.NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** 4***4*............... If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 emmemeeememeeyym Virginia Beach City Council Speaker time Limits ORDINANCES/RESOLUTIONS: Each registered speaker trill herr three (3) minutes to support the document or express concerns PLANNING ITEMS: Applicants. or their represent:Mses, ss ill lune len (ID) minutes to define the need or explain the intent plus Three (3) minutes for rebuttal Speakers ss ill have three (3) minutes to speak once in las or or opposed. CITY COUNCIL CIP BRIEFINGS, BUDGET WORKSHOP SCHEDULE FOR THE FY 2017-18 RESOURCE MANAGEMENT Tuesday,April 111h Tuesday,April 25°i Clerk of Circuit Court Cultural Affairs Tuesday,April 27t" Planning Museums (Called Meeting) Public Utilities Parks and Recreations SI'I ( I11 I t)KV1:11 Public Works Treasurer SISSI<N Health Department Commission of Revenue Public llem iii,_ bmF P N1 Human Services General Registrar • Bm�iHe I liuh Srhoul STIR Office City Attorney Tuesday,April 18`, City Auditor City Clerk Virginia Beach City Public Real Estate Assessor's Office Schools Information Technology Tuesday,May 2nd Libraries Finance Economic Development Reconciliation Workshop p Human Resources Agriculture Communications Office Convention and Visitors Debt Service Bureau Budget and Management Housing and Neighborhood Services Preservation Non-Departmental Tuesday,May 9a1i SI'It 1:11 I1112h111 City Manager's Office (Called Meeting) SI Stilt )1 PLOW, Ikwina 60U I'(\1 Budget and CIP Vote llt ( banal ('h:unbci HEAR YE, HEAR YE Jl 1.1 FOUR I ii I %O I IIOISAND SEVEN FEE ISA ( [ IN IIOI.I1/A1 BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAY IN JULY 21117 VIRGINIA BEACH CITY C'OUNCII. FORMAL SESSIONS WILL BE IIELI) ON THE SECOND AND THIRD TUESDAY (JULY 111p ANI) JULY 181111 04/04/2017 tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL oeNU'BE4c MAYOR WILLIAMD.SESSOMS.JR AI-Large rHO VICE MAYOR LOUIS P. BaysideJONE$ D Sp 4 p • a 9L, JESSICA PABBOTT RernpswIle-Diana 2 [ M.BENJAMIN DAVENPORT,AILarge p g731 .1� J 'S ROBERT M.DYER.Centerville District l BARBARA M HENLEY,Princess Anne District 7 SHANNON DS KANE,Rose Hall District 3 JOHN D.MOSS,At Large o.. .. JOHN E.UNPIN,Beach District 6 ROSEMARY WILSON At-Large JAMESL. WOOD.LvnMmen-District 5 CITY HALL BUILDING 140/COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER DAVID L.HANSEN PHONE:(757)385-4303 CITY Ae MARK D.STILES CITY COUNCIL AGENDA CITY ASSESSOR JERALD D.REALMS FAX(757)385-5669 CITY CERKAUDITOR LYNDODG REM/AS April 4 2017 F.-MA/L:Crycnrl@obgov corn CITY CLERK RUTH HODGESERISER,MMC > MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room- 2:30 PM A. FY 2017-18 RESOURCE MANAGEMENT PLAN (Budget)CAPITAL IMPROVEMENT PROGRAM Commonwealth's Attorney Sheriff and Corrections Emergency Communications and Citizen Services Emergency Medical Services Fire Department Office of Emergency Management Police Department II. CITY MANAGER BRIEFINGS A. Hampton Roads Transportation(HRT)FUNDING Brian Solis, Transportation and Transit Planning Manager B. Southeaster Public Service Authority(SPSA) LANDFILL and DISPOSAL Thomas Leahy, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV CITY COUNCIL COMMENTS V CITY COUNCIL AGENDA REVIEW VI INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Father James Parke Retired Priest of the Diocese of Richmond,James Parke C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES SPECIAL FORMAL SESSION March 14, 2017 INFORMAL and FORMAL SESSIONS March 21, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY a. 245 Middle Lane b. 627 Terrace Avenue adjacent to Lake Rudee c. Interfacility Traffic Area Conveyance of Restrictive Easements 2848 Indian River Road 2508 Salem Road 2509 Salem Road Salem Road acquired from Edward Sargeant Indian River Road acquired from Hilda A. Witherington PUBLIC HEARING W F OF F%(SSS CRY PROPERTY The Virginia Beach City Council will hold a PU JC HEARING on the disposition and sale of City-Owned property, Tuesday,April 4, 2017 at 6:00 pm,in the Council Chamber of the City Hap Building(Building#1)at the Virginia Beach Municipal Center. Virginia Beach,Virginia.The property is located at 245 Middle Lane(GRIN, 2407-95-9613).The purpose of this hearing will be to obtain public input to determine whether this property should be declared -Excess of the Ci s needs. if you are physically disabled or visually Impaired and need assistance at this meeting please ll the OW CLERK'S OFFICE at 385- 4303 86-43X3 Heating Impaired,call 1303- 828-1120 Virginia Relay-Telephone Device for the Deaf). Any questions Concerning this matter should be directed to the office of Real Estate,Building#2,Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385- 4161. All interested parties are invited t attend. Ruth Hodge MMC City Clerk If you are plislpaly disabled or visually Impaired and need caassistance at this meeting, please ll the Cm CLERKS OFFICE at 38E- 4303. 85-4303. BEACON:MACH 26,2017-MME eft PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council wpl hold a PUBLIC HEARING Tuesday, April A 2017, at 6:00 p.m.,in the Council Chamber,City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and conveyed to Bradley C.Durfey. Approximately 1.287 sqfof property located adjacent to Lake Rudee and 627 Terrace Avenue (GRIN 2427-02-5521) If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303: Hearing impaired call TOD 711(TDD-Telephone Device for the Deaf) Any questions concerning this matter should be directed to the Public Works Real Estate Office, Municipal Center - Building g2, Room 392, phone number (757) 385-4161. NI interested panes are r l le attend. Ruth Hodges in MMC City Clerk BEACON: MARCH 26.2017-171ME k e+S+'t 4.% PUBLIC NEARING SALE OF EASEMENTS OVER §RY PROPERTY ' The Virginia Beach City Council win Mold a PDMIC REAMNG on the sale of restrictive easements to the U nited States Nary over C, -owned P roperties in the interfacility Traffic Area(ITA).Tuesday,All 4.2017 at 6:W p.m., in the Council Chambers of the City Mau Building(Building#1) Municipal Center, Virginia Beach, Virginia.The properties to be subject to the easement are (by location, approximate size . dormer owner, GPIN): 2848 Indian River Road(278 acres 1). acquired from Mildred W. Lambert GPINs: 1493430050 and 1493-43-2693 2508 Salem Road (7.1 acres 1), acquired from the Estat of Gloria G. McDonald;GPIN:146442-1673 2509 Salem Road (0.3 acres 1). acquired from Paul andDiana Beachaoard.SPIN.1484-32-5777 Salem Road 1.99 acres 1L acquired from Edward Sargeant,et as.;GPIN. 1484400624 Malan River Road (6.0 a ±). acquired from Blida A.Witherington, et ale.)GRIN. 1483-294001 This hearing will be to obtain public input to determine whether these easements restricting uses should be declared excess of the city's. reeds' If you are ph,sXalW disabled or visually Impaired and need assistance at this meeting please call the CITY CLERK'S OFFICE at 355- 430.1% Hearing Impaired. call 711 (Veenta Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to he Office of Real Estate, Muniopal Building 02, Room 392 G57)3854161. All interested parties are in ed to attend Ruth Hodges f MC City Clerk BEACON: MARCH 25,2017-1 TIME I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 36-96 re operations of taxicabs within the City b. § 2-72 re Personnel Board membership c. § 2-110 to allow the City Manager discretion in pay adjustments d. § 2-117 re reclassification for career progression 2. Ordinance to DECLARE Excess City Property with Restrictive Easements on Indian River Road and Salem Road in the Interfacility Traffic Area: and, AUTHORIZE the City Manager to sell same to the United States of America: a. 2848/2508/2509 Salem Road b. .99 acres on Salem Road acquired from Edward Sargeant c. Five acres on Indian River Road acquired from Hilda A. Witherington 3. Ordinances to DECLARE Excess City Property: a. Adjacent to 627 Terrace Avenue and AUTHORIZE the City Manager to sell same to Bradley C. Durfey b.245 Middle Land and AUTHORIZE the City Manager to sell the Eastern half of the property to Samuel G. and Terrie M. Reid and the Western half of the property to Patricia Straight. 4. Ordinance to ADOPT the 2017 Housing Choice Voucher Annual Agency Plan, including a revised Administrative Plan; and, AUTHORIZE the City Manager to EXECUTE and SUBMIT the Plans to the U. S. Department of Housing and Urban Development(HUD) 5. Ordinances to AUTHORIZE acquisition of: a. Three(3) easements from the United States of America, Department of the Navy, across property near Potters Pit b. Property in fee simple as right-of-way for the Shipp's Corner Road improvements and the acquisition of temporary and permanent easements, either by agreement or condemnation 6. Ordinances to ACCEPT,APPROPRIATE and TRANSFER: a. $1,800,000 to the Risk Management Internal Services Fund b. $1,951,076 from Virginia Department of Transportation (VDOT) to Public Works for road maintenance c. $57,000 from the U.S. Department of Justice to the Police for Human Trafficking Enforcement and Training d. $11,250 from the Federal and State Seized Asset Fund Balance to the Police in a grant match e. $150,000 within Public Libraries to purchase a Point-of-Sale system, computers and related equipment Tett CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 36-96 of the City Code Pertaining to the Operation of Taxicabs within the City MEETING DATE: April 4, 2017 • Background: In 2014, Virginia Beach City Public Schools ("VBCPS") entered into a multi-year contract with Hampton Roads Transportation, Inc. ("HRTI") for HRTI to deploy its taxicabs to transport homeless students to and from schools in the City, and that contract is in effect for the 2016-2017 school year. Pursuant to the contract, and in accordance with the federal McKinney-Vento Homeless Education Services Act ("McKinney-Vento"), HRTI must ensure that its taxicabs and drivers are in compliance with numerous special requirements as detailed in the attached ordinance. As a result of the damaging effects of Hurricane Matthew, a significant number of VBCPS students were unexpectedly rendered homeless and in need of transportation services under the contract. A large number of those students currently remain homeless and need transportation assistance. Additionally, the number of homeless students in need of transportation for other reasons has increased over the course of the school year, requiring HRTI to transport more students than originally anticipated. HRTI has advised that an insufficient number of its taxicabs and drivers that satisfy the contract requirements are authorized to operate within the City under the current City Code. City Code § 36-96 regulates the operation of taxicabs within the City. This section prohibits taxicabs licensed in localities other than Virginia Beach to pick up a passenger in Virginia Beach, with exceptions only for the three Hampton Roads localities—Newport News, Portsmouth, and Suffolk—that provide reciprocity with the City by allowing Virginia Beach taxicabs to pick up passengers in their cities. VBCPS is requesting a temporary ordinance amendment to permit HTRI to deploy taxicabs from cities adjacent to Virginia Beach that satisfy the requirements of the VBCPS contract for the sole purpose of transporting homeless students within the City to and from school. • Considerations: The amendment to the ordinance would only be in effect through the duration of the 2016-2017 school year; the amendment will automatically sunset on June 30, 2017. All other prohibitions on taxicabs operating within the City will remain in effect during this time. This item was deferred by City Council during its February 21, 2017 meeting in response to comments from other taxicab business operators who asserted that their drivers and vehicles also meet the special requirements imposed by McKinney-Vento. Subsequently, according to the attached letters, HRTI contacted other taxicab companies licensed in the City, but none were willing to serve as subcontractors. Accordingly, VBCPS Superintendent Spence respectfully requests that the City Council reconsider and approve the ordinance. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance, March 24, 2017 Letter from Virginia Beach City Public Schools with HRTI letter attachments, Excerpt of February 21, 2017 Council meeting minutes; original request memo (Jan. 10, 2017)with attachment Recommende. . •proval City Manager:\` 1 AN ORDINANCE TO AMEND SECTION 36-96 2 OF THE CITY CODE PERTAINING TO THE 3 OPERATION OF TAXICABS WITHIN THE 4 CITY 5 6 7 WHEREAS, Virginia Beach City Public Schools (VBCPS) has a longstanding 8 contract (the "Contract") with Hampton Roads Transportation, Inc. (the "Contractor"), for 9 the Contractor to transport homeless students to schools in the City in accordance with 10 the federal McKinney-Vento Homeless Education Services Act; and 11 12 WHEREAS, the City was adversely affected by Hurricane Matthew in October 13 2016; and 14 15 WHEREAS, as a result of Hurricane Matthew, a significant number of VBCPS 16 students were unexpectedly rendered homeless and in need of transportation services 17 under the Contract; and 18 19 WHEREAS, the Contractor has represented that currently an insufficient number 20 of its taxicabs that satisfy the requirements of the Contract are authorized to operate 21 within the City; and 22 23 WHEREAS, VBCPS has concluded that the number of homeless students that it 24 is obligated to transport is anticipated to remain higher than normal for the remainder of 25 the 2016-2017 school year; and 26 27 WHEREAS, the Contract places special requirements upon the Contractor in 28 order to transport the students in question, including (among other things) to carry 29 Comprehensive General Liability insurance with limits of not less than $1 million per 30 occurrence and $2 million aggregate, to carry Automobile Liability insurance with limits 31 of not less than $1 million combined single limits, to have drivers undergo pre- 32 participation drug testing, to conduct a nationwide criminal background check of the 33 drivers for felonies and misdemeanors involving moral turpitude, and to utilize vehicles 34 that can be tracked using GPS technology and which are equipped with video cameras; 35 and 36 37 WHEREAS, VBCPS has asked the City Council to temporarily amend the City 38 Code to allow HRTI to deploy taxicabs which satisfy the requirements of the Contract 39 and for which certificates of public convenience and necessity have been issued by 40 cities geographically adjacent to the City of Virginia Beach for the sole purpose of 41 picking up and delivering homeless students within the City of Virginia Beach. 42 43 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 44 BEACH, VIRGINIA: 45 46 That Section 36-96 of the Code of the City of Virginia Beach, Virginia, is hereby 47 amended and ordained to read as follows: 48 49 Sec. 36-96.- Required; reciprocity 50 51 (a) It shall be unlawful for any person to operate or cause to be operated, within the city, 52 any taxicab, unless a certificate thereof has been issued to the owner thereof in 53 accordance with the provisions of this division. Nothing contained herein shall prohibit a 54 taxicab duly licensed in another city or county from delivering a passenger to some 55 location in this city, provided the passenger was picked up outside the limits of this city 56 and the taximeter is in operation while any such taxicab is in operation in this city. 57 58 (b) Notwithstanding the provisions of the prior subsection, any taxicab that is duly 59 licensed in one of the reciprocity-providing localities listed below may, after delivering a 60 passenger to a location within the city, pick up a passenger in the city and deliver the 61 passenger to the locality in which the taxicab is licensed. The reciprocity-providing 62 localities are: 63 64 Newport News 65 66 Portsmouth 67 68 Suffolk 69 70 (c) For the period commencing upon the enactment of this subsection and ending June 71 30, 2017, taxicabs for which certificates of public convenience and necessity have been 72 issued by cities geographically adiacent to the City of Virginia Beach and which satisfy 73 the requirements of the contract entered into October 13, 2014, between the Virginia 74 Beach City Public Schools and Hampton Roads Transportation, Inc. (the "Contractor") 75 may be used for the sole purpose of picking up and delivering homeless students within 76 the City of Virginia Beach. Such transportation within the City shall be conducted 77 pursuant to a subcontract with the Contractor and for no other purpose. The Contractor 78 shall provide a list of all such taxicabs to the Chief of Police prior to the use of such 79 taxicabs to provide services under the Contract. 80 81 BE IT FURTHER ORDAINED: 82 83 That subsection (c) shall remain in effect only until June 30, 2017, and shall 84 thereafter automatically sunset and be stricken from the City Code. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT:` APPROVED AS TO LEGAL SUFFICIENCY: l +ti. y1,'I'1 Steven R. Cover Eliza th Bradley Deprnette City Manager's Office City orney's Office CA13896 R-2 February 8, 2017 • Ant_ -w4 I ,_ VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Aaron C.Spence,Ed.D. Superintendent March 24, 2017 The Honorable William Sessoms, Mayor City Council Members RE: HRTI contract for transportation of McKinney Vento eligible students Dear Mayor Sessoms and City Council Members, On February 21,2017,you considered HRTI's request for a waiver of certain franchise conditions regarding HRTI's taxi services in the City of Virginia Beach. The basis for the request sterns from the unexpected increase in students displaced from their homes due to Hurricane Michael last fall. Changes in the federal McKinney Vento Act have extended the time period that homeless and displaced students are eligible to receive transportation service from their current residence back to their school of origin. Students are now eligible to receive transportation services to their school of origin until the end of the current school year. Documentation has previously been provided which details the increase in students requiring transportation services. HRTI has the contract with the School Board to provide transportation services under the McKinney Vento Act however,due to the large increase in student riders who have to be brought to and returned home from school each day,HRTI has struggled to meet the needs of these students with the number of taxis that it is authorized to operate in the City. HRTI is seeking a waiver or exception through the end of the school year. At the February 21 City Council Meeting, it was requested that HRTI contact other taxi services already licensed to operate in the City to see if it was possible to subcontract with these companies. HRTI did contact these companies as requested and the attachments provide evidence of HRTI's efforts. Unfortunately,none of these companies responded with interest in subcontracting for the services. When the contract was originally procured,the School Administration only received proposals from three companies. The safety and insurance requirements necessary for transporting students appear to be inhibitors to most taxi services. Unfortunately, there is little flexibility with the safety requirements when transporting students. HRTI has successfully been providing these services and can meet all of the requirements. I recognize that this is an extraordinary request for relief. Please be assured that the School Board and my staff are working diligently to address the issue. The School Administration is carefully monitoring the need for transportation services and making all efforts to consolidate rides and obtain other forms of transportation as available. I have authorized the School Administration to procure emergency or overflow transportation services to fulfill future needs for transportation services when HRTI is unable to meet the demand. Thai procurement will most likely take until the end of the current school year. The School Administration is also hying to develop transportation options using School Division vehicles that do not require a driver with a commercial driver's license. Those services may also be available in the next school year,but they are not currently funded or staffed to meet the needs this school year. We anticipate that the demand for transportation services will return to a more manageable level during the next school year as those students who were displaced or homeless due to Hurricane Matthew will find permanent housing and no longer be eligible for services under the McKinney Vento Act. 2512 George Mason Drive I PD Box 6036 I Virginia Beach Virginia 23456 0038 The Honorable William Sessoms, Mayor,and City Council Members Page 2 March 24,2017 Accordingly, I am respectfully requesting that the City Council reconsider HRTI's request to operate additional vehicles in the City of Virginia Beach for the remainder of the 2016-17 school year. Please feel free to contact me to discuss any further questions that you have. n Sincerely, Aaron C SpenEe, Ed.D. Superintendent Attachments cc: School Board Members David Hansen, City Manager Amy Cashwell, Ed.D.,Chief Academic Officer Judith O. Swystun, President, HRTI HAMPTON ROADS TRANSPORTATION, INC. 6301 SEWELLS POINT ROAD • NORFOLK,VA 23513 • (757)853-1255 March 6, 2017 Mr. Kevin Beardsley Director of Purchasing 2512 George Mason Drive Virginia Beach, Virginia 23456-0038 Homeless Student Transportation Contract Dear Mr. Beardsley: I am writing to follow up on the contract to transport homeless students and the extraordinary situation created by Hurricane Matthew. As you may know, Hampton Roads Transportation, Inc. ("HRTI"), has had this contract for a number of years. Typically, the number of taxicab trips required under this contract builds as the year progresses. In September, we provide about 2,000 trips per month. By May, that number has increased to over 5,000. As the number of trips builds, HRTI is able to increase the number of drivers and vehicles devoted to the contract. Unfortunately,the flooding from Hurricane Matthew caused a large number of families to be displaced,creating a force majeure situation. As a result.HRTI suddenly had to provide almost 6,000 trips in November 2016. We believed that most of these trips were going to be temporary and the families would be moving back into their homes. As you are keenly aware, this did not happen. To make matters worse, we anticipate that the number of trips required will increase each month as in past years until the end of the school year. While there are a few cab companies in adjacent cities that meet the requirements of the contract,we are unaware of any authorized to pick up in Virginia Beach. That is why we sought your help to assist us in obtaining authorization for those other taxicabs. Based on HRTI's request, the School Division sought to amend Section 36-96 of the City Code to permit taxicabs from geographically adjacent cities to service this contract. At the City Council meeting on February 21, 2017, however, the matter was deferred. We were instructed to contact other Virginia Beach taxicab companies to determine if any of them could be used as subcontractors for this contract. In response,on February 24 HRTI hand-delivered(and in some cases later faxed or emailed) letters outlining the requirements of the contract to numerous Virginia Beach taxicab companies. The letter,a copy of which is attached,asked them to confirm Kevin Beardsley March 6,2017 Page 2 their ability to meet the contract requirements by Friday, March 3. Letters went out to Alba's Cab; Bo's Taxi; Atlantic Coast Cab; Dominion Checker; Eagle Taxi; Red and White Checker;Yellow Cab;Orange Cab;and All City Cab. Except for Yellow Cab and All City Cab, no other cab company responded to ow letter. Yellow Cab simply advised that it is not interested in subcontracting. All City Cab stated that it was not comfortable providing the requested information. Neither represented that it could meet the requirements of the contract. Asa result, we are in the same position as when we sought your assistance. We believe that the proposed amendment allowing taxicabs from adjacent cities is the best course. However,an alternative solution suggested at the Council meeting- the reciprocity provision of Section 36-96(6)-may be more desirable to the City. That provision permits taxicabs licensed in Newport News, Suffolk and Portsmouth to pick up passengers in Virginia Beach,although only if those taxicabs are in Virginia Beach to drop off a passenger. By modifying that provision to allow taxicabs from those jurisdictions to service the contract,we believe the problem could be ameliorated. We know of at least one taxicab company in Newport News that meets the contract requirements and would be interested in participating. In any case, we would be grateful if the School Division would take the necessary steps to have the previously proposed amendment and/or an amendment calling for the modification of the reciprocity provision placed on the City Council agenda for the March 21 meeting. HRTI will be present to request this necessary relief. Thank you in advance. Please call me with any questions. Sincerely, C dip 74-132}1 ' /Judith O. wystun President Enclosure cc: Amy Upson via email Gay Thomas via email HAMPTON ROADS TRANSPORTATION, INC. 4304 SEWRU9 POINT ROAD•NORFOLK.VA 23513•(751)153-1215 February 24,2017 Orange Cab Company 2420 Virginia Beach Blvd.N7 Virginia Beach,Virginia 23454 SW$ontrad ORoortunfly Por W itS.Breit Oty pualic 5rhools Dear Orange Cab Company: Hampton Roads Transportation,Inc. (94RT1"),has a contract with Virginia Beach City Public Schools to provide transportation to and from school for homeless students. We understand that you may be interested in serving as a subcontractor for HRTI on this contract. The contract requires that any taxicab company transporting these students meet certain criteria. As required under the contract, please send us the following information and documentation: • Insurance. Provide copies of certificate(s)of insurance reflecting(a) automobile liability coverage of at least$1 million combined single limits and(b)comprehensive general liability insurance of at least Si million each occurrence and$2 million aggregate; • Drug Testing Policy. Provide a copy of your written drug testing policy and a statement as to the number of drivers who were drug tested in the past twelve months, the identity of your Drug Testing Administrator,and the lab that was utilized to test the samples; • Criminal Background Certification. Confirm that each driver undergoes a national criminal background check and identify the company that performs the check; • Sex Offender's Registry. Confirm that you check your list of drivers against the Sex Offender's registry and state the frequency you conduct such checks; • DMV Background Certification. Sate the frequency with which you review the DMV transcript of your driven; • Driver Criminal and Driving History. Confirm that each driver satisfies the following criminal and driving history requirements: 1.) In the preceding five (5) years, driver has not been (a) convicted of a charge of driving under the Influence of N. February 24.2017 rage 2 Intoxicating liquors or drugs,Ib)convicted of a felony or(c) been assigned to any alcohol safety action program or driver alcohol rehabilitation program; 2.) In the precading twelve(12)months,driver has not been(a) convicted of two or more moving traffic violations or (b) required to attend a driver Improvement clinic by the Commissioner of DMV,and 3.) The driver has never been convicted of a felony or a misdemeanor involving(a)sexual assault,(b)obscenity and related offenses.(c)rte.(d)moral turpitude,le)physical orsexual abuse or child neglect(or an equivalent offense)In Virginia or another state and is not listed on the sexual offenders registry; • Defensive Driving Course Certification. Confirm that each driver has attended a Defensive Driving Course within the previous two years and identify the company and/or Instructors that provided such training; • On-Board Video Cameras. Confirm that each taxicab Is equipped with a video camera that can be activated to capture incidents Involving the vehicle or Its occupants and Identify the make and model of the camera; • GPS. Confirm that each taxicab Is equipped with a GPS device that enables your company to track the vehicle and know Its whereabouts at all times and identlfythe make and model of the device; • Preventative Maintenance. Provide a copy of the written Preventative Maintenance schedule for your vehicles, set forth the mileage(s) at which you perform each Preventative Maintenance check and the list of Items checked; • PM of Non-Owned Vehicles. If you do not own all of the vehicles,set forth the procedures you have in place to guarantee that non-owned vehicles have been properly maintained; • Vehicle Qualifications. Confirm that smoking Is not permitted In your vehicles,that each has working heating and A/C, and that booster seats are mailable- feb,u.r Se,2017 Par 3 We request that you provide the responsive documents and information by Friday, March 3. We realize that this Is short notice,but the VMginle Beach City Council has asked HMI to repot on this effort at its Mardi 7,2017 meeting. If your response indicates that you may be able to comply with the terms of our contract we will be In contact to discuss compensation. feel Bee to call with any questions. Sincerely,/�/V(I�'_'/ Judith O.Swystun� President 1-n 't 62 Item-VI-11d ORDINANCES/RESOLUTIONS ITEM N66798 Judy Swystun, 0304 Sewells Point, President of Hampton Roads Transportation, Inc., spoke in SUPPORT'. Ms. Swystun advised her company has been taking Homeless children to and from school for several years. Unfortunately, with Hurricane Matthew, a serious number of students were displaced in the City and the company cannot transport fast enough to handle the workload To her knowledge. there arc no other cab companies, other than Black& White Cab Company of Virginia Beach, who qualify to perform the contract. The Federal Government has specific requirements regarding the drivers, insurance and vehicles themselves. The request is to extend the contract so the students can continue being served Gay Thomas, Virginia Beach City Public Schools. spoke in SUPPORT Ms. Thomas advised the contract comes under her direction with the Schools and there are approximately 791 students in the City that are determined to he Homeless. The Federal Law requires the Schools continue transportation of displaced students hack to their school of origin. The Schools have used HR TI as a contractor for St years. After Hurriame Matthew, the number of children increased by 75-80 students. Mohiyidine Cheikh, 2420 Virginia Beach Boulevard spoke in OPPOSITION. Mr Cheikh is the owner of Orange Cab and they have every requirement in place per the contract. Mr. Cheikh feels every company should have the same opportunity and is asking this mutter be deferred until farther discussion. Lynne Johnston, 372 S. Plaza Trail, spoke in OPPOSITION. Ms. Johnston is the owner of All City Cab Company and this request will affect all taxi companies in the city. Ms. Johnston asked this matter he deferred until further discission and consideration. Norfolk does not allow companies to come in and pick up customers in their City;yet, the City is going to allow Norfhlk to do just that. When Norfolk will allow companies to pick up at the airport, then the companies based in the City would he happy to make a trade off Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council DEFERRED, Ordinance to AMEND the City Code d. §36-96 re Operation of taxicabs effective only through the 2016-2017 School year to automatically SUNSET on June 30, 2017 Voting: 1I-0 Council Members Voting Aye' Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessions, Jr.. John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None February 21, 2017 l / VIRGINIA BEACH CITY PUBLIC SCHOOLS n. Ci iA i iii,NC THE COURSE Department of Teaching and Learning TO: Aaron C. Spence, F.d_D_ Superintendent✓ FROM: Amy E. Casbwell, Bd.D., Chief Academic Officer Alveta I.Green,Ed.D„Executive Director of Student Support Services SUBJECT: INCREASED TRANSPORTATION NEEDS FOR HOMELESS STUDENTS DATE: Jan. 10, 2017 The purpose of this memo is to request that the City Council pass an ordinance allowing Hampton Roads Transportation Inc. (IIRT1)to operate their Norfolk cabs in Virginia Beach for the sole purpose of providing services to the Virginia Beach City Public Schools(VBCPS)contract for homeless students. to gated Under the McKinney Vento Act and the Every Student Succeeds Act,VBCPS is obligated provide transportation services to certain homeless or unaccompanied youth. To meet this need,we have a long tam contract with HRTI for taxi services for these students.The demand for transportation services for these students has significantly increased from the period of Sept. 2015-Dec. 2015,with 10,368 trips compared to 17,803 trips for the same timeframe for the 2(116-17 SY. Flooding from I lurrrcanc Matthew in Oct. 2016 has resulted in a dramatic increase in the number of homeless students in need of transportation services_Based on requirements under the Every Student Succeeds Act,homeless students may continue to access transportation services through the end of the school year even if they have secured permanent housing within another city.Therefore,we anticipate that the increased demand for transportation services will remain higher than normal for the remainder of the 2016-17 SY. HRTI,the contractor for these transportation services.has been struggling to meet the demand for serving the homeless students of Virginia Beach due to limits in the number of taxis the contractor is authorized by Virginia Beach City Council to operate in City of Virginia Beach. Students are arriving late to school or home because the taxis have to do multiple trips to meet the demand for services. IIRTI believes they can meet the demand for services if they can utilize other taxis that are in service in neighboring cities. For HRTI to leverage its fleet from other cities,City Council would need to pass an ordinance allowing an exception for HRTI. VBCPS is committed to exploring other options to provide transportation.Due to the special requirements associated with transporting these students(criminal background checks for drivers, confidentiality requirements, handling special needs students), identifying and contracting for transportation services is complicated and time consuming. Maintaining service with 1112111 is desirable for this reason. Thank you in advance for your consideration of working with City Council to arrange for HRTI to provide more taxis to VBCPS through a change in ordinance. Attachments cc: Kamala H. Lannchi,Deputy City Attorney ,.,, , _..M_ o..,..r •v;•..;,d,. n.-..,,h VA 2 445;-6007 • Phone: (757)263-2300 • Fax: (757)263-2301 ', et ri ~ O000 COCN c O Lei O m m a I I I 1 I I � ' O Z __. la Y a '... L L(11 fpZ. COJD w ell %,- w O , y O L i = a mi L N d v , O y Om y COa a3 7 - p 0 -c U N N O L F- 1.- N m u 00 r-I 1 00 ON 01 CO rri m cc C N in 0 m N ri ci In cW In = ci N m Nm V m ch 1 . m . m . -D Z -o -O L LL a u, E o 'EE E ° 0 °- s 3 en re 0 Y0 H H O E O L zCO 'Cr o '�' O a m 00 m N m L(1 t\ f' r . m : N V '. ci : ci ' Tr N 00 to O o c-i N N NJ m N CF ' m d' . m m O O Z chi 5 (1, aa) c Q ' i`a '. ° � 2 0 ! o N rn 0 . Z Q ', 'I u. [ ,a iit '03 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-72 of the City Code Pertaining to the Personnel Board MEETING DATE: April 4, 2017 • Background: The Personnel Board as currently constituted has only one member and one alternate who are merit employees. There have been instances when both the sole regular and sole alternate merit employee members of the Personnel Board have been unavailable for hearings, leaving the panel with no merit employee member to hear and decide cases. The Personnel Board requests the addition of a second alternate who is a member of the merit service to help ensure that the hearings have one merit employee for all hearings. ■ Considerations: This ordinance will amend the City Code to add a second alternate member who shall be a member of the merit service. The ordinance also updates terminology to consistently use the term "chairperson" instead of"chairman." • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval (� /' Submitting D- • . • • gency: Human Resourc'eS City Manager:( ____^ 1 AN ORDINANCE TO AMEND SECTION 2-72 2 OF THE CITY CODE PERTAINING TO THE 3 PERSONNEL BOARD 4 5 SECTION AMENDED: § 2-72 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-72 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 2-72. - Personnel board—Established; composition; appointment, terms and 14 compensation of members; etc. 15 16 (a) There is hereby established a personnel board consisting of five (5) qualified voters 17 appointed by the council for a term of three (3) years. Members shall serve until a 18 successor has been appointed. Vacancies shall be filled by the council by 19 appointment for the unexpired portion of the term. One (1) member of the board 20 shall always be a member of the merit service, as defined in section 2-76 and shall 21 be employed at a level below that of a division manager. The board shall choose 22 one (1) of its members to be the chairperson, and one (1) member to be the vice- 23 chairperson and one (1) member to be the second vice-chairperson for a term of 24 one (1) year. The personnel board shall abide by the personnel board hearings 25 procedure. 26 (b) The director of human resources or a designated alternate staff member shall serve 27 as secretary to the personnel board and shall attend all meetings with no voting 28 privileges. 29 (c) A majority of the members of the personnel board shall constitute a quorum. 30 Members of the board shall serve on a volunteer basis. 31 (d) The city council may appoint not more than four (4) alternates to the board. Onc (1) 32 Two (2) alternates shall be a members of the merit service, as defined in section 2- 33 76, and shall be employed at a level below that of a division manager. The 34 qualifications, terms and compensation of alternate members shall be the same as 35 those of regular members. A regular member shall, when he knows he will be 36 absent from a meeting, notify the chairmanperson of such fact. The chairmanperson 37 shall select an alternate to serve in the absent member's place, and the records of 38 the board shall so note. 39 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 40 day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Human Resources City ttorney's Office CA13961 R-2 March 9, 2017 i �,.�ry, ,J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: (1) An Ordinance to Amend Section 2-110 of the City Code to Allow the City Manager Discretion in Pay Adjustments (2) An Ordinance to Amend Section 2-117 of the City Code Pertaining to Reclassification MEETING DATE: April 4, 2017 • Background: City Code § 2-110(b) provides that when an employee is promoted, his or her salary will be increased five percent (5%) for a promotion of one pay range; for a promotion of two or more pay ranges, the employee will receive a salary increase of ten percent (10%). City Code § 2-117(b) provides the same requirements for career progressions. Other pay actions, including reclassifications (Sec. 2-112) and changes in pay range for class (Sec. 2-117.1)follow the requirements as set forth in § 2-110(b). ■ Considerations: In most instances, new employees are hired by the City at the minimum salary of their pay range assignment. It is sometimes necessary, however, to further discuss a candidate's salary requirements. The City offers a salary commensurate with the candidate's experience and current salary. For internal candidates who successfully compete for a higher level position within the organization, they are automatically provided a five- or ten-percent increase as noted above, regardless of prior experience. Additionally, steps to immediately address salary compression cannot be taken due to the restrictions imposed by the City Code. Conversely, there are also instances wherein an employee's salary may be sufficient and require less than the percentages mandated by the City Code. Providing the required increases can cause unnecessary salary compression and expenditures. These amendments to City Code § 2-110(b) and § 2- 117(b) provide the flexibility needed to hire and maintain a highly skilled and qualified workforce. Additionally, some updates are needed to § 2-110(a) to allow direct appointments by the City Manager and to § 2-117 to match the practice and terminology used by the City to reflect generally what salary would be considered for employees eligible for a career progression. City Council deferred this item during its March 21, 2017 meeting. The attached ordinances include an amendment requested by Councilmember Moss regarding non-competitive processes, amendments requested by Councilmember Wood prohibiting delegation of the City Manager's authority and limiting its use, and replacement of the phrase "minimum salary advertised" with "minimum salary of the pay range." • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinances. Recommended - - • A .proval - Submitting D: .art 1 !ency: Human Resources City Manager: `` "4., 1 AN ORDINANCE TO AMEND SECTION 2-110 2 OF THE CITY CODE TO ALLOW THE CITY 3 MANAGER DISCRETION IN PAY 4 ADJUSTMENTS 5 6 SECTION AMENDED: § 2-110 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-110 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and ordained to read as follows: 13 14 Sec. 2-110. - Promotion. 15 16 (a) A promotion shall be defined as an advancement by an employee to a 17 classification assigned a higher pay range with more complex job duties and 18 responsibilities. • : :•• • .1 -- : ••: :e . • : •: . .. -. and 20 :- _: - • • : : : :: • : - - -- - - - - -- Unlessss the City Manager shall 21 determine otherwise and notifies City Council of that determination for a non- 22 competitive promotion in advance of promotion, no employee may be promoted unless 23 there is a position vacancy and the employee is selected pursuant to a competitive 24 selection process that is either restricted to current employees or open to the general 25 public. 26 27 (b) When an employee is promoted, his or her salary will be increased as 28 follows: For a promotion of one (1) pay range, the employee will receive a salary 29 increase of five (5) percent or the minimum salary of the pay ranqe advertised 30 whichever results in the higher salary; for a promotion of two (2) or more pay ranges, 31 the employee will receive a salary increase of ten (10) percent, or the minimum salary of 32 the pay range advertised, whichever results in the higher salary. The City Manager has 33 discretion to adjust the pay increase, or to deny a pay increase, to the incumbent's 34 salary based on the organizational structure, compression factors, level of supervisory 35 responsibilities, position in pay ranqe, internal equity, or other factors impacting the 36 administration of the pay system. The City Manager shall not delegate this authority and 37 shall exercise it only on a limited basis. 38 39 (c) The effective date of all promotions will be the first day of a pay period. An 40 employee who is promoted on his or her merit date and is eligible for a merit increase 41 shall also receive the merit increase based on his or her performance appraisal in 42 addition to the pay increase received for the promotion. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • • _ Regina S. Hilliard Roderick R. Ingram Human Resources City Attorney's Office CA13664 R-4 March 21, 2017 1 AN ORDINANCE TO AMEND SECTION 2-117 2 OF THE CITY CODE PERTAINING 3 RECLASSIFICATION 4 5 SECTION AMENDED: § 2-117 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-117 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 2-117. - Career progression. 14 15 (a) A career progression shall be defined as an advancement by an employee 16 to a higher pay within a defined classification series. A career progression does not 17 require a position vacancy. 18 (b) When a career progression action occurs to an employee, the employee's 19 salary will be increased as follows: For a career progression of one (1) pay range, the 20 employee will receive a salary increase of five (5) percent or the 22 ..,minima m s"lar^• of the pay rango minimum salary of the pay range, whichever results in 23 the higher salary; for a career progression of two (2) or more pay ranges, the employee 24 will receive a salary increase of ten (10) percent or the 26 minimum salary of the pay range, whichever results in the 27 higher salary. The City Manager has discretion to adiust the pay increase, or to deny a 28 pay increase, to the incumbent's salary based on the organizational structure 29 compression factors, level of supervisory responsibilities, position in pay range, internal 30 equity, or other factors impacting the administration of the pay system. The City 31 Manager shall not delegate this authority and shall exercise it only on a limited basis. 32 33 (c) The effective date of all career progressions will be the first day of the pay 34 period. An employee who receives a career progression on his or her merit date and is 35 eligible for a merit increase may also receive the merit increase based on the 36 employee's performance appraisal in addition to the pay increase received for the 37 career progression. 38 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Re•ina S. Hilliard Roderick R. Ingram Human Resources City Attorneys Office CA13664 R-3 March 21, 2017 ." CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to declare restrictive easements over City-owned properties known as 2848 Indian River Road (GPIN: 1493-43-0050 and 1493-43-2693); 2508 Salem Road (GPIN: 1484-42-1673); 2509 Salem Road (GPIN: 1484-32- 5777); 0.99 acres of land on Salem Road (GPIN: 1484-40-0624); and 5.0 acres of land on Indian River Road (GPIN: 1483-29-4001) in the Interfacility Traffic Area to be excess property interests and authorizing the City Manager to convey same to the United States of America MEETING DATE: April 4, 2017 • Background: On September 27, 2007, the City and the United States of America, Department of the Navy (the "Navy") entered into an agreement (the "Encroachment Partnering Agreement") to partner to acquire property in the Interfacility Traffic Area (the "ITA"). The Navy and the City agreed that the City would convey to the Navy restrictive easements (the "Restrictive Easement(s)") over property the City acquires in the ITA (later extended to the Rural AICUZ Area), and the Navy would pay to the City 100% of the appraised value of the Restrictive Easement or 50% of the appraised fair market value of the real property acquired by the City, whichever is less. The Encroachment Partnering Agreement, as amended, provides that the Navy will provide funding through federal grants, which funds will be used by the Navy to purchase the Restrictive Easements. To date, the City has sold easements to the Navy over approximately 1,831 acres for a total of $14,723,245 and in exchange for the Marshview property. The City has acquired the following additional properties in the ITA, and the Navy wishes to purchase easements over these properties pursuant to the Encroachment Partnering Agreement: Address/Location Size in GPIN Former City's Cost Purchase Funds to Be Acres Owner to Price from Returned to (approx.) Acquire Navy for Commonwealth Easement 1 2848 Indian River 27.8 1493-43-0050 Lambert $864,840 $412,500 $206,250 Road 1493-43-2693 2 2508 Salem Road 7.1 1484-42-1673 McDonald $227,200 $113,600 $56,800 3 2509 Salem Road 0.3 1484-32-5777 Beachboard $190,000 $95,000 $47,500 4 Salem Road 0.99 1484-40-0624 Sargeant, $145,500 $72,750 $36,375 Jones& Bobo 5 Indian River Road 5.0 1483-29-4001 Witherington $125,000 $37,500 $18,750 TOTAL 41.19 $1,552,540 $731,350 $365,675 • Considerations: By Ordinance 3000B, adopted on September 25, 2007, as amended by ORD-3053C, ORD-3178D, ORD-3259P, ORD-3333U, and ORD-3449D, the City approved the Encroachment Partnering Agreement and the form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive Easements. The Restrictive Easements to be conveyed over the property identified above would prohibit future residential use and would limit the City-owned property to uses listed as compatible (marked with a "Y") on the attached table marked as "Exhibit A to Grant of Easement." The City's sale of the Restrictive Easements would recoup for the City and the Commonwealth approximately 50% of the purchase price paid for these ITA acquisitions, for a total sales price of$731,350. • Public Information: Advertisement of City Council Agenda; Advertised for public hearing to dispose of an interest in City property in The Virginian-Pilot Beacon. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Restrictive Easements, subject to the terms and conditions of the Encroachment Partnering Agreement. • Revenue restriction: The City funded the acquisition of the properties listed above (as noted in the far right column in the above table) through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Restrictive Easements over these properties in the amount of $731,350 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Location Map, Exhibit A to Grant of Easement (Table of Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement, as amended. Recommended Action: Approval of the Ordinance Submitting De ency: Public Works/Real Estate Ri City Manager: ;, U 1 ORDINANCE TO DECLARE RESTRICTIVE 2 EASEMENTS OVER CITY-OWNED PROPERTIES 3 KNOWN AS 2848 INDIAN RIVER ROAD (GPIN: 1493- 4 43-0050 AND 1493-43-2693); 2508 SALEM ROAD 5 (GPIN: 1484-42-1673); 2509 SALEM ROAD (GPIN: 6 1484-32-5777); 0.99 ACRES OF LAND ON SALEM 7 ROAD (GPIN: 1484-40-0624); AND 5.0 ACRES OF 8 LAND ON INDIAN RIVER ROAD (GPIN: 1483-29-4001) 9 IN THE INTERFACILITY TRAFFIC AREA TO BE 10 EXCESS PROPERTY INTERESTS AND AUTHORIZING 11 THE CITY MANAGER TO CONVEY SAME TO THE 12 UNITED STATES OF AMERICA 13 14 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain 15 properties located in the Interfacility Traffic Area (the "ITA") in the City of Virginia Beach, 16 Virginia, which properties are identified as follows (collectively, the "Properties"): 17 18 1. 2848 Indian River Road (27.8 acres ±), acquired from Mildred W. 19 Lambert; GPINs: 1493-43-0050 and 1493-43-2693 20 21 2. 2508 Salem Road (7.1 acres ±), acquired from the Estate of Gloria 22 G. McDonald; GPIN: 1484-42-1673 23 24 3. 2509 Salem Road (0.3 acres ±), acquired from Paul and Diana 25 Beachboard; GPIN: 1484-32-5777 26 27 4. Salem Road (.99 acres ±), acquired from Edward Sargeant, et als.; 28 GPIN: 1484-40-0624 29 30 5. Indian River Road (5.0 acres ±), acquired from Hilda A. 31 Witherington, et als.; GPIN: 1483-29-4001 32 33 WHEREAS, on September 27, 2007, the City and the United States of 34 America, Department of the Navy (the "Navy") entered into an agreement (the 35 "Encroachment Partnering Agreement") to partner to protect property in the ITA from 36 incompatible development; 37 38 WHEREAS, the terms and provisions of the Encroachment Partnering 39 Agreement, as amended, provide that the City will sell to the Navy restrictive easements 40 (the "Restrictive Easement(s)") over property the City acquires in the ITA and the Rural 41 AICUZ Area, and in exchange the Navy will pay to the City 100% of the fair market 42 value of the Restrictive Easements, up to 50% of the appraised fair market value of the 43 property the City acquired; 44 45 WHEREAS, the City acquired the Properties pursuant to the ITA 46 Acquisition Program, an element of the City's BRAC response program; 47 48 WHEREAS, the City funded the acquisition of the Properties through a 49 partnership with the Commonwealth of Virginia (the "Commonwealth"); and 50 51 WHEREAS, the City Council of the City of Virginia Beach finds that the 52 Restrictive Easements over the Properties are in excess of the City's needs and finds 53 that the sale of the Restrictive Easements to the Navy, pursuant to the terms of the 54 Encroachment Partnering Agreement, as amended, will allow the City and the ss Commonwealth to recover a portion of the funds paid for the Properties. 56 57 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY se OF VIRGINIA BEACH, VIRGINIA: 59 60 1. That Restrictive Easements over the Properties identified above are 61 hereby declared to be in excess of the needs of the City of Virginia Beach; 62 63 2. That the City Manager is hereby authorized to execute any documents 64 necessary to convey the Restrictive Easements to the Navy, in substantial conformity 65 with the terms and provisions of the Encroachment Partnering Agreement dated 66 September 27, 2007, as it has been or may be amended, and such other terms, 67 conditions or modifications as are deemed necessary and sufficient by the City Manager 68 and in a form deemed satisfactory by the City Attorney. 69 70 3. That revenue from the sale of the Restrictive Easements in the amount of 71 $731,350 shall be received, and fifty percent (50%) of this amount shall be deposited for 72 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 73 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) shall be 74 deposited for future payment to the Commonwealth by the City Manager to refund the 75 Commonwealth's portion in accordance with the grant agreement. 76 77 This ordinance shall be effective from the date of its adoption. 78 79 Adopted by the Council of the City of Virginia Beach, Virginia, on the 80 day of , 2017. R-1 3/20/2017 CA13860 \\vbgov.com\dfsl\applications\citylawprod\cycom 32\wpdocs\d030\p020\00347421.doc PROVE A TO CONTENT • ' 'ROVEDS TO CO T 2 � __ • Public Works/Real Estate3l a't Budget & Managemen Services APPROVED S TO LEGAL City SUFFICIENCY CtyQQ�-Attorney's Offic SUMMARY OF TERMS OF ENCROACHMENT PARTNERING AGREEMENT, AS AMENDED: Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Term of Agreement: The term of the agreement expires September 30, 2019, unless sooner terminated by either party, upon 30 days' notice to the other party. The agreement may be renewed or extended as the parties agree. Other Terms 1. If the City purchases property from willing sellers in the ITA, then the Navy will purchase from the City a restrictive easement over that property limiting its use to those uses marked with a "Y" in the Table set forth in City Zoning Ordinance Section 1804 as enacted on the date of the Multi-Year Agreement (copy attached hereto as Exhibit A"): a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then the property would be limited to the allowed uses in 70-75 dB DNL Noise Zone, as stated in the Table; b. If the property is in >75 dB DNL, then the property would be limited to the allowed uses in >75 dB DNL Noise Zone: 2. The Navy will pay 100% of the appraised fair market value of the restrictive use easement or 50% of the appraised fair market value of the real property interest acquired by the City, whichever is less. After the appraisals are completed, the City can decide on a case-by-case basis whether to sell an easement to the Navy. 3. The Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. 4. The City shall provide surveys necessary to delete all standard exceptions for title insurance as to surveys. 5. The City and the Navy will obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. 6. The area subject to the Agreement includes both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. 7. The City and the Navy may obtain one survey to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such survey. EXHIBIT A TO GRANT OF EASEMENT TABLE 1 - AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES Land Use Land Use Compatibility Land Use Name 70-75 dB >75 dB DNL DNL Residential and Related Single-family dwellings N N Semidetached dwellings N N Attached dwellings/townhouses N N Duplexes N N Multiple-family dwellings N N Dormitories and other group quarters N N Mobile home parks N N Hotels and motels N N Other residential uses N N Manufacturing Food & kindred products; manufacturing Y Y Textile mill products; manufacturing Y Y Apparel and other finished products; products made from Y Y fabrics, leather and similar materials; manufacturing Lumber and wood products (except furniture); manufacturing Y Y Furniture and fixtures; manufacturing Y Y Paper and allied products; manufacturing Y Y Printing, publishing, and allied industries Y Y Chemicals and allied products; manufacturing Y Y Petroleum refining and related industries Y Y Rubber and misc. plastic products; manufacturing Y Y Stone, clay and glass products; manufacturing Y Y Primary metal products; manufacturing Y Y Fabricated metal products; manufacturing Y Y Professional scientific, and controlling instruments; Y Y photographic and optical goods; watches and clocks Miscellaneous manufacturing Transportation, communication and utilities Railroad, rapid rail transit, and street railway transportation Y Y Motor vehicle transportation Y Y Aircraft transportation Y Y Marine craft transportation Y �' Highway and street right-of-way Y Y Automobile parking Y �' Communication Y Y Utilities Y v Other transportation, communication and utilities Y Y Trade Wholesale trade Y Y Retail trade- building materials, hardware and farm Y Y equipment Retail trade- general merchandise Y Y Retail trade- food Y Y Retail trade- automotive, marine craft, aircraft and Y Y accessories Retail trade- apparel and accessories Y Y Services Retail trade- furniture, home, furnishings and equipment v v Retail trade - eating and drinking establishments Y Y Other retail trade Y Y Finance, insurance and real estate services v v Personal services Y Y Cemeteries Y Y Business services Y Y Warehousing and storage v Y Repair services Y Y Professional services Y Y Hospitals, other medical facilities Y N Nursing homes N N Contract construction services Y Y Government services Y Y Educational services Y N Miscellaneous Y Y Cultural, entertainment and recreational Cultural activities (& churches) Y N Nature exhibits N N Public assembly halls N N Auditoriums,concert halls Y N Outdoor music shells, amphitheaters N N Outdoor sports arenas, spectator sports Y N Other outdoor recreational facilities Y Y Indoor recreational facilities Y V Campgrounds Y N Parks Y N Other cultural, entertainment and recreation V N Resource Production and Extraction Agriculture(except live stock) Y V Livestock farming Y N Animal breeding Y N Agriculture related activities V V Forestry activities V Y Fishing activities V V Mining activities V Y Other resource production or extraction Y Y misimiliMMIMIMEL LI] i\iot 17, ui 0 15 r {11 L:j , _ 3 a u) a) o 4-ic U- sC:) CD .. . RS o to ,. /1y N cn tn c) I-. , , MI co co) ' it 7 0 RS s- w mt C) W 'CI '1 0 a) .2 CD i 0 > CD II 0/ >a) e- Q ii. 0 (t) i 73 I° o cp c .1..- --11; 0 0 : 0 .a.) coG) w i\ > it> 9 co ,:t. . y 0.) 0 I .4.. 4- 1 1 , > I cn %-• 2..) 0 1 0 0 / co --- -o C9 / N Ne, k.p.‘ .>, / _. CL E a) -,4- r----- . i (c, (i) .. ri GNAP‘ . at46,410 -H < 0 u) uuI co 5 a) 4 it ..‹- re _. .., ,.., z 2 2 - 8 0 itli 11 'ELEGANC .Lti APP*' 44.1'.- N , ,- D v g u 3 o ks 0 . 0 11, 1111 . — iiii _At o : 0 , ct-z• s, ,,,,, ‹ #11,101V a Qv° # ilikahaq . .. . I 3 t c%4 ar --- u 3 c•-) • 1 › c,' _ fl..t"......1)103N SM Ct 5 ii ,, 41 I .----I---- /1/ ,n, 1 " % _.3 -s. 0 \ . 4) CC .,I. .... LU I.. L7) 3 ----- --=-1 ., ,, +.., %., 4., ‘. \'/_, _0 / iti<3 < , \X VC C cs . /, ,'il cn 73 : 0 co 4- a „ u) A 05 >, F.' . . __ __ , " /,, 4,, 3 OAEI - -0 ,- a) ..- to E — a. = a.) z ii ?, : i :. •-. . g 0000 E— i , / '"::•-.... x I -\- .6. • , • • CNA • II I- 4\ - . co -----------/ \ 1 • a) E a) 13 -'i- ,--- gs c) \ . 10' , 4i, , W CL cs' V • a . # , ____ 0 E, , > %-- - V) 1:16,.* es . ••••• I V) 13 I CI) C C`") o(14 _ .1... > 0 CD ....41„. 73c war• / CU c E 0 cp ... 2 z rK 0 V i i i . EL : r.-J lc e 8 ,•,, .. ^ T., , J `. ; / i , ,' i . Isi , Uil&; 0 , / ° EEEE 2 , . tiligki , s zri:L.',.Vi r. z,•41,T, 0 1 .;14 .,,,.. 2 ' cin [ 1--),,,0,1n4z,i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring Approximately 1,287 Sq. Ft. of City Property Located adjacent to 627 Terrace Avenue to be in Excess of the City's Needs and Authorizing the City Manager to Sell the Property to Bradley C. Durfey MEETING DATE: April 4, 2017 • Background: Bradley C. Durfey ("Durfey") owns property located at 627 Terrace Avenue, in Virginia Beach (GPIN: 2427-02-5521). Durfey's property is adjacent to a waterway and marsh known as Lake Rudee, owned by the City of Virginia Beach (the "City"). Durfey desires to acquire approximately 1,287 sq. ft. of marshland along Lake Rudee (the "Excess Area") and incorporate said Excess Area into his existing property. The Excess Area currently has an assessed value of approximately $1.00 per square foot. City staff has reviewed the request and supports declaring the subject area in excess of the City's needs and conveying the same to Durfey, with certain conditions, including the City's retention of riparian rights and a public drainage easement over the entire Excess Area. After calculating the reduction in value due to the public drainage easement, the City and Durfey have negotiated a sales price of$1,100.00 for the Excess Area. • Considerations: The Excess Area consists of marshland along the bank of Lake Rudee and has minimal value and use. Conveyance of the Excess Area to Durfey to be incorporated into his existing property would allow Durfey the opportunity to straighten his western property line and install rip-rap and a bulkhead to minimize erosion and stabilize the bank. The terms and conditions of conveyance of the Excess Area are set forth in the Summary of Terms attached to the Ordinance. • Public Information: Advertisement for a public hearing, as required Section 15.2-1800, Code of Virginia, and advertisement of City Council Agenda. • Alternatives: Approve the request subject to the terms of the Summary of Terms, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Survey (Exhibit A), Summary of Terms (Exhibit B), Location Map, Disclosure Statement Form Recommended Action: Approval of the Ordinance Submitting Departme_ • . • •ency: Public Works/ Real Estate 0) P/t,1 City Manager:�, \mdgovcom1DFs1Uppllwnonslfitylawprotcycom99\Wpdocs\D002\P018\00158852DOC 1 AN ORDINANCE DECLARING APPROXIMATELY 2 1,287 SQ. FT. OF CITY PROPERTY LOCATED 3 ADJACENT TO 627 TERRACE AVENUE TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO SELL 6 THE PROPERTY TO BRADLEY C. DURFEY 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property known as Lake 9 Rudee; 10 11 WHEREAS, Bradley C. Durfey ("Durfey") owns 627 Terrace Avenue, which is 12 adjacent to Lake Rudee; 13 14 WHEREAS, Durfey desires to purchase approximately 1,287 sq. feet of 15 marshland along the border of his property (the "Excess Area") and incorporate the 16 Excess Area into his existing property, as shown on Exhibit A attached hereto; 17 18 WHEREAS, City staff has reviewed the request and supports conveying the 19 Excess Area to Durfey, pursuant to the terms and conditions as set forth in the 20 Summary of Terms, attached hereto as Exhibit B; and 21 22 WHEREAS, the City Council is of the opinion that the 1,287 sq. ft. portion of the 23 City's property is in excess of the needs of the City. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. That the 1,287 sq. ft. portion of land located adjacent to Lake Rudee and 29 627 Terrace Avenue, shown on Exhibit A, attached hereto and made a part hereof, is 30 hereby declared to be in excess of the needs of the City of Virginia Beach. 31 32 2. That the City Manager is hereby authorized to execute any documents 33 necessary to convey the Excess Area to Bradley C. Durfey, in accordance with the 34 Summary of Terms, attached hereto as Exhibit B and made a part hereof, and such 35 other terms, conditions or modifications as may be acceptable to the City Manager and 36 in a form deemed satisfactory by the City Attorney. 37 38 This Ordinance shall be effective from the date of its adoption. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 41 of , 2017. 42 43 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 44 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V__ ✓L/� ✓ C� llekti \ 1 7�� h Public Works/ Real Estate 1-31411 11 City Attorney V CA13857 mogovcorn mFSl pllcabonsCM1yLawPmdkycom321Wpdd¢1WOZNg18\0g158954 DOC R-1 March 23, 2017 EXHIBIT A LOT 9'•5,413 S0. FT OR 0/24 At. AREA TO BE CONVEYED AS EXCESS•1,287 S0. FT. OR 0.030 AC Lars 26 8 0.BLOCK 32 LOT 24.BLOCK 32 SHADOWLAWN SHADOWLAWN HEIGHTS HEIGHTS /MB/84 PG 301 (MB/B/,PG 30) 6P/N 2427-02-4559 SPIN 2427-02-5641 0 9 qZ O� O„ P/N(S) NB2°45'00•E 6700' PW(os /��y _ n A/C (IN) B 0s Ir' 08 253PHOPANE LOr B.BLOCK.12 ° TANK SHAOOWLAWN EDGE OF MARSH HEIGHTS W000 -...(MB /BL PG 301 (MB. /8/. PG 30) DECK .,GP/N!SP1-02552 L( 1 2STORY O LOTH.BLOCKS! p FRAME O SHADOWLAWN ';:=,..: p O HEIGHTS Ca b Qi inin g 0'1'0 1 fir 1627 3 /MB lee,PG 30) W q . �,= SPIN 7921-02-557Y CO o W 44 0 W :� 002' 2 p o-"n —3O ism j , PINl51 ^ xuq4 4 il . SO IUKO o 2 L.. Ym 43 IVQ QryQ�0. Io 6 142' J W aQ 0. ^ 4 'Q, IC •N( • Q le) 0 •-•GONG Q / 3J? !AJ r PINS) / S 82°45'00'W 6/00' PIN(F) TERRACE AVENUE LINE TABLE (EDGE OF MARSH) (50'R/W) LINE BEARING O/StAACE (MB 7, PG /4) LI s/G•00.00'r 2000' LP 500'45'00'W 2200' L5 s 39.45'o0'r N0o' DENOTES AREA TO BE TB o/,.-LI 5 45•55'00'E PA00' CONVEYED AS EXCESS LS 5t614'4O'E 200' f�y G6 526•N'IP'E ro.tB' -Gs IMOTHY M.FALLONits Lic. No. 1659 THE PROPERTY APPEARS 02-23-17 TO LIE IN ZONES'X'AND AE(ELEV 701 AS SCALED EXHIBIT SHOW/NG PROPERTY • 15/55310)2 COMMUNITY TO BE CONVEYED AS EXCESS (9ND SUR CERTIFY rear THIS PLAN FROM THE CITY OF VIRGINIA BEACH REFERS TO THE SAME Lor AS SET FORTH BY VIRGINIA BEACH, VIRGINIA FIVE(S)FOOT PRIVATE DRAINAGE PLAT DATED 02/24/1984 EASEMENT EXISTS ALONG REAR AND AND K'S OFFICDED OFN THE TO EASTERN SIDE PROPERTY LINES LRCUIT OFFICE OTHE BRADLEY C. DURFEY (MB/8/.PG 301 VIRGINIA BEACH. VIRGINIA IN MB 181.PAGE 30 HASSELL 8 POLICES, P.C. ENGINEERS-SURVEYORS-PLANNERS Wo fSOSO6 525 VOLVOPARKWAY O' 10' 20' 40' CHESAPEAKE VMWNA P1MP0 DATE'02/2//0 I I PHONE:(151)547-9531 FAX:(757)547-948/ GRAPMC SCALE:Am' 11°AMc- 1 LOiT EXHIBIT B SUMMARY OF TERMS SALE OF APPROXIMATELY 1,287 SQ. FT. OF CITY PROPERTY ADJACENT TO LAKE RUDEE SELLER: City of Virginia Beach (the "City") BUYER: Bradley C. Durfey PROPERTY: Approximately 1,287 square feet of marshland along Lake Rudee, located adjacent to 627 Terrace Avenue SALE PRICE: $1,100.00 CONDITIONS OF SALE: • The Buyer shall, at his sole expense, resubdivide the property, vacating internal lot lines and incorporating the approximate 1,287 square feet into his existing property located at 627 Terrace Avenue. • Upon resubdivision, the current R-5S zoning of the Buyer's existing property will be extended to the new lot line (per Section 102(b)(4(iv) of the Zoning Ordinance) . • The Buyer will dedicate a public drainage easement over the entire area to be conveyed. • The City will reserve its riparian rights over the property to be conveyed to the Buyer. • The Buyer shall submit any plans for future construction to the Planning Department for approval and obtain any necessary permits and inspections. • The Purchaser shall adhere to all zoning ordinances. • Closing shall occur no later than one year from the date the Agreement of Sale is fully executed. Virginia Reach APPLICANT'S NAME Bradley c durfey DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE TOR Cl F1 USE ONLY / Le ir1,len 12 vee riot Page 1 of 5 1,rad (o , .irCI, C, I mer Ig Oyu tn:is 0 .rl=hCaL SI O APPLICANT NOII FIED OF HEARING C-TF • NO CHANCES AS OF fll DA IL • REVISIONS SUBMIT IF D CATF Virginia Beach Xl 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. Bradley c durfey (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to 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: Bradley c durfey If an LLC, list the member's names: Page 2 of 5 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 5 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 //13 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return n Yc I Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than ❑ 5t the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ [ ' purchaser of the subject property �.a• (identify purchaser(s) and purchaser's service providers) ❑ 13t Construction Contractors n Engineers / Surveyors/Agents Haskel and folks Financing (include current ERn mortgage holders and lenders I ( selected or being considered to provide financing for acquisition US bank or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ I�7 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 LA contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 'NB 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 Appl' ion. 97 Bradley c durfey 3/21/17 APPLI ANT IGNATURE PRINT NAME DATE ��-+/�/�/ Bradley c durfey 3/21/17 PROPE OWNER' IGNATURE PRINT NAME DATE Page 5 of 5 in L9 N \ _ ___0 i dJO W N � W NQ in F:ililf - ch a ? a `n %RRANENPVCOMED\1y oV Lu O o 11 Q ~ W et N W NI o Q Ou- -.1 a G. 0aQtia o 0 �ERRp,G �4. mmC� g W H 3 7d _= O Z a 010 O a O Oil. 10 0 X '2 oillii a ^ i Oila.‘g 1111111111111"- 0111111* 111111111111111.7 4 lifil"Pik VA° _ ESSPVE le GYPR VN. °> 113 m 2 CCI co lu CO• ? 111I V1 a 0 0 U1 au) = a. Vpixcg1C 1*) L NI\ 4' r d 0 N Z W z W ���-'t Z U N U Q N a U aIRDNECK CD 0 7 r Q Z .c a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 245 Middle Lane (GPIN 2407-95- 9613) to be in excess of the City's needs and authorizing the City Manager to sell the eastern one-half to Samuel G. Reid and Terrie M. Reid and the western one- half to Patricia A. Straight. MEETING DATE: April 4, 2017 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 245 Middle Lane (the "Property") on December 31, 2014 for $116,000. At the time of acquisition, the Property was improved with a residential duplex that has been demolished. The lot is 7,056 sq. ft. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owners. The sale would enhance the neighborhood and reduce density by two dwelling units. Both adjacent neighbors expressed interest in acquiring the vacant land. Samuel G. Reid and Terrie M. Reid (the "Reids") own the duplex residence at 241 Middle Lane, adjacent to the Property. The Reids have requested to purchase the eastern one-half(1/2) (front portion) of the Property (3,528 sq.ft.) in order to utilize it in a manner compatible with the APZ-1 Ordinance. Patricia A. Straight ("Straight") owns the single-family residence at 1540 Michigan Avenue, adjacent to the Property. Straight has requested to purchase the western one-half (1/2) (rear portion) of the Property (3,528 sq.ft.) in order to utilize it in a manner compatible with the APZ-1 Ordinance. • Considerations: The Reids and Straight have agreed, at the City's cost, to resubdivide the Property with their contiguous lots. The resubdivision will create a new parcel line running north to south in the middle of the Property, creating an eastern portion of the Property that will be added to the Reids' property, and a western portion that will be added to Straight's property. All other interior property lines will be vacated and the sale will bar the addition of any dwelling units in perpetuity. The Reids and Straight have each agreed pay $3,528 (total value of $7,056), which is in compliance with previous excess City properties sold to adjacent property owners in the APZ-1 area. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of$630. • Public Information: Advertisement for public hearing as required by Section 15.2-1813 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of the Property. • Recommendations: Approve the Ordinance. • Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of$7,056 shall be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project#9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Disclosure Statements, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Submitting De ncy: Public Works of, p 7nh City Manager: 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT 245 MIDDLE LANE (GPIN 2407-95- 4 9613) TO BE IN EXCESS OF THE CITY'S NEEDS 5 AND AUTHORIZING THE CITY MANAGER TO SELL 6 THE EASTERN ONE-HALF TO SAMUEL G. REID 7 AND TERRIE M. REID AND THE WESTERN ONE- 8 HALF TO PATRICIA A. STRAIGHT 9 10 WHEREAS, the City of Virginia Beach (the "City') is the owner of that 11 certain 7,056 sq. ft. parcel of land located at 245 Middle Lane (the "Property") more 12 particularly described on Exhibit "A" attached hereto and made a part hereof; 13 14 WHEREAS, the City acquired the Property pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Property is in the midst of other residences and at the 22 time of acquisition was improved with a residential duplex; 23 24 WHEREAS, Samuel G. Reid and Terrie M. Reid (the "Reids") own the 25 adjacent property at 241 Middle Lane and have requested to purchase the eastern one- 26 half of the Property (3,528 sq. ft.) in order to utilize it in a manner compatible with the 27 Ordinance; 28 29 WHEREAS, Patricia A. Straight (Straight") owns the adjacent single- 30 family residence and has requested to purchase the western one-half of the Property 31 (3,528 sq. ft.) in order to utilize it in a manner compatible with the APZ-1 Ordinance; 32 33 WHEREAS, the Reids and Straight desire to purchase their respective 34 portions of the Property in accordance with the Summary of Terms attached hereto as 35 Exhibit "B" and made a part hereof(the "Summary of Terms"); 36 37 WHEREAS, the APZ-1 Disposition Committee has recommended that 38 City Council declare the Property to be in excess of the City's needs and sell the 39 eastern one-half of the Property to the Reids and the western one-half of the Property to 40 Straight; and 41 42 WHEREAS, the City Council is of the opinion that the Property is in 43 excess of the needs of the City of Virginia Beach. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 47 OF VIRGINIA BEACH, VIRGINIA: 48 49 That the Property located at 245 Middle Lane is hereby declared to be in so excess of the needs of the City of Virginia Beach and that the City Manager is hereby 51 authorized to execute any documents necessary to convey the Property to Samuel G. 52 Reid and Terrie M. Reid, and Patricia A. Straight in accordance with the Summary of 53 Terms and such other terms, conditions or modifications as may be acceptable to the 54 City Manager and in a form deemed satisfactory by the City Attorney. 55 56 Further, that revenue from the sale of the Property in the amount of 57 $7,056 shall be received and fifty percent (50%) of the amount will be deposited for 58 appropriation in future Capital Improvement Program capital budgets in Capital 59 Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and 60 Acquisition II, and fifty percent (50%) will be deposited for future payment by the City 61 Manager to refund the Commonwealth's portion in accordance with the grant 62 agreement. 63 64 This ordinance shall be effective from the date of its adoption. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on the 67 day of , 2017. CA13623 R-1 3/7/17 \\vbgov.com\dfs1\applications\citylawprod\cycom32\wpdocs\d007\p025\00355165.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT Public Works 3.20-TA Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY Qme s Office EXHIBIT "A" GPIN: 2407-95-9613 (245 Middle Lane) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PROPERTY OF JAMES D. FREEMAN, JR. INT. NO. 20130222000210560 (WILL) INST. NO. 20130222000210570 (ORDER) M.B. 23, PG. 29 GPIN: 2407-95-9613," and further designated and described as "PROPERTY TO BE ACQUIRED 7,056 SQ. FT. OR 0.16198 AC.," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM JAMES D. FREEMAN, JR. BY CITY OF VIRGINIA BEACH FOR OCEANA & INTERFACILITY TRAFFIC AREA CONFORMITY & ACQUISITION PROGRAM, CIP 9-060.001 VIRGINIA BEACH, VIRGINIA", Scale: 1"=25', dated September 22, 2014, prepared by Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia, which said plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20141229001204890, to which reference is made for a more particular description. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed dated November 5, 2014, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20141231001218120. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 245 MIDDLE LANE Seller: City of Virginia Beach Buyers: 1) Samuel G. Reid and Terrie M. Reid (owners of 241 Middle Lane) to purchase eastern one-half(front portion)(approx. 47.02' x 75.03', or 3,528 sq. ft.) of Property 2) Patricia A. Straight (owner of 1540 Michigan Avenue) to purchase western one-half(rear portion)(approx. 47.02' x 75.03', or 3,528 sq. ft.) of Property Property: 7,056 square feet, generally known as 245 Middle Lane (GPIN: 2407-95-9613) Legal Description: See Exhibit "A" to Ordinance Sale Price: $3,528 from each Buyer, for a total of$7,056 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyers' adjacent properties at the Seller's expense to create an eastern and western portion of the Property, but otherwise vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • The sale is conditioned upon both Buyers' purchase of their respective one-half of the Property. • Closing shall be on or before April 30, 2019. Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following; Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program 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 MR CITY USE ()NIT/All distlosmes nnISi Cr updated iv.o 2T.meas pm to.ny Page 1 of 5 Plannlnq Cmtin 'scull end LAN (Gincil neeoun that Veaams to the al plleauon(s). Ig/L APPLICAM NOI ICED OF HEARING DAIF NO CHANGES AS CF DAI I /9A/i7 az n REVISIONS SAW TTED DAT I' Virginia Beach � o Check here if the APPLICAN IS NOT corporation, partnership, firm, j' f` business, or other unincorporateif VI you ization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. ' (A) List the Applicant's name:__s.la41 ,_a-_ 1 t-XKpf A• • 'Se+O 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) IJ iPr— (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) NPk— See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vronerty owner is different from Applicant. cctrk Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, iThE 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: SAM•u,l— Ca-__Z1� -t5sa_ .`�czO If an LLC, list the member's ^ , names: A..)/a--- Page VPage 2 of 5 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N �b (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 IA 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY 140 NI Page 3 of 5 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets If needed) Accounting and/or preparer of your tax return ❑ Er 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 / purchasers service providers) Construction Contractors n ❑ Engineers /Surveyors/Agents / Financing (include current ❑ LJ/ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ U Legal Services Real Estate Brokers / El Er 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? rf//ate Page 4 of 5 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 meeti g of any public body or committee in connection with this Applicataqn. -615hp- kl-kerrO Mut ltb APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Virginia Beach APPLICANT'S NAME ,Lh 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 dlsclos:n es onrst be up fated we I?'weeks poor to any Page 1 of 5 Planning CornnfusIo::a:.d City Low nl n:ettuvl that perta:n>to the apple'abm.51. ry• / APPLICANT NOTIFIED OF HEARING DATE 1 NO CHANCES AS OF LAIL je/0// et O REVISIONS Se AFT TED DAT; XB Virginia Beach IP 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.__\\ pp t SU (A) List the Applicant's name: 1 u- (--LL..k_C1 t1-1o4t If an C, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) \ (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) C\I" See next page for information pertaining to footnotes1 and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. aCheck here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. �[ (� (A) List the Property Owner's name: 9`�yAyc_ik -a� Q�Sr___ If an LLC, list the member's v names: Page 2 of 5 .,,VlcJ Virginia Beath If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) 'C\) \ (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (Iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 ,� Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) • ❑ Accounting and/or preparer of E a dA� ��N�,¢� �c� your tax return �� t" ' l Pa\_ O ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ Ft the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ .,-tel purchaser of the subject property '�1 (identify purchaser(s) and purchaser's service providers) ❑ a Construction Contractors ❑ c. Engineers/Surveyors/Agents Financing (include current {� I1,�� © 0 mortgage holders and lenders w `G �"U};, selected or being considered to to ) ) provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ,may,es an interest in the subject land or any proposed development 'fcontingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 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. N. APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 1 o -J rc 0 a / CO C c 3 W �' N � m ix a LL O t 0WWel N n • Ni N NKI SOH a 1- Z z c Z C4 ', W 0' 1 OazJti O C • ceQ V - Tr N O u •• 0 in z O = ww - - JHQN (� c z rer 0 < vi V wW N O a 2 00 W c z 0 c Ea • X N ______i____ W I AMEMr N-1 31Q L. I w 1 Z 2 . . . H. 1 i a = d e1 s V Q 2 I \\.. !.___W Or- u. ce N Er 1 a to � z2 - ~ a o — ce, \ 1<::- / W 'I Ea r Z _ _ 0 Q � I o LL O N z N 7 /Q "' V_ = 7 2- I *' m m N U 6IRDNECK RDS 0in o . ,N nI r y o 0z m 7 0 '' = oo d 4 a �EpNp 0 w cn co c O G wa 0 y N Q' vLD 0 pR ' r 0. w > N N t4 N Z D sCD � ~FRW U Q Q U j a N11S3M J Z = • F•'' i , 1 r f ,: , L !� `�� 1W 1 7 Z O ct,.. ;, at t i' J. hA ' 4 R 't r, O ,V , , CO) 4A(13 • y ` ' r Q V) k Fw'� ° r . .. . . 4—) tip ', 5 ., . _ . • ...... Q .: , ,,. . . U •� ��J' rr � ! I .. ,.. . CU Ln .,-,,:.:,--- ,, ys a g'.t c co :) , ,, .- ,,OF .40'' 'I . .; '4. {, , , A . ; It• 4 `y • to YiF . tea..2 ,___a) , 0 .w,. •t• , 06 ' t1117.11t. . C7 v - . 4 N °1 N. "it, , `= CD dam- < !_ . � ' , , IA N .) a Ire' (\'_ '� h, ti { ,,`��; [ 22-f: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2017 Housing Choice Voucher Annual Agency Plan, including a Revised Administrative Plan, and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 4, 2017 • Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV Program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit (1) a Five Year Agency Plan, (2) an Annual Agency Plan for each fiscal year in which federal funding is received for its HCV program, and (3) an HCV Administrative Plan. • Considerations: A Five Year Agency Plan was adopted in 2015 and is currently in force, so no action on that is needed for that document. The purpose of the Annual Agency Plan is to update HUD on DHNP's progress in achieving the goals in the Five Year Plan, and the Annual Agency Plan also describes the organization of the HCV Program including details of the strategies employed in satisfying affordable rental housing needs in the City. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. In regard to the HCV Administrative Plan, this document details the policies and procedures that govern the day-to-day operation of the HCV Program. The previously approved Administrative Plan has undergone revision and is included for approval in this ordinance request. The approved plan must be electronically submitted to HUD no later than April 15, 2017. • Public Information: Public information will be provided through the normal Council Agenda process. A copy of the referenced plans is available for public inspection at the Office of the City Clerk. Plan revisions were advertised on February 21s`. A public hearing was held at Building 18A on March gth to allow public input upon the revisions to the Administrative Plan. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Executive Summary, Summary of Administrative Plan Changes 1. Recommended Action: Approval Submitting r ' • . Agency: I-ogsinorhood Preservation City Manage Re 1 AN ORDINANCE TO ADOPT THE 2017 HOUSING CHOICE 2 VOUCHER ANNUAL AGENCY PLAN, INCLUDING A 3 REVISED ADMINISTRATIVE PLAN, AND TO AUTHORIZE 4 THE CITY MANAGER TO EXECUTE AND SUBMIT THE 5 PLANS TO THE U.S. DEPARTMENT OF HOUSING AND 6 URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally-funded Housing Choice Voucher program ("HCV 10 Program'), formerly known as the Section 8 Program; 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) an Annual Agency Plan for 14 each fiscal year in which DHNP receives federal funding for its HCV Program; and (2) a 15 revised Administrative Plan, as applicable; 16 17 WHEREAS, the purpose of the Annual Agency Plan is to update HUD on the 18 DHNP's progress in achieving the goals stated in the Five-Year Plan; 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP; 22 23 WHEREAS, the DHNP is also required by HUD to include a certification in the 24 Five Year Agency and Annual Plan demonstrating DHNP's compliance with applicable 25 laws, and HUD rules and regulations, in order to continue to operate the HCV program; 26 27 WHEREAS, an Executive Summaries of the Annual Plan and a Summary of 28 Administrative Plan Changes is attached hereto, and a copy of all Plans are on file with 29 the City Clerk. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That DHNP's Annual Plan and Administrative Plan for the Housing Choice 35 Voucher Program are hereby approved, provided such plans conform in all material 36 aspects to the Executive Summary and Summary of Administrated Plan Changes 37 attached hereto; and 38 39 That the City Manager is hereby authorized to execute and submit the Annual 40 Plan and any certifications regarding such plan or the Administrative Plan to the U.S. 41 Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. APPROVEDr Tb CONTENT: " _ • ' • AS TO LEGAL SUFFICIENCY Ash rew M. Friedman e- a H.rmeyer DHNP CA13967/ R-1 March 23, 2017 Executive Summary 2017 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 4, 2017 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing&Neighborhood Preservation (DHNP)operates the federal Housing Choice Voucher Program(HCV) in the city. The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan was developed Agency Plan for the program and adopted by Council in 2015. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the(HCV)program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and, therefore no board of commissioners. The administrative plan states VBDHNP's policy on mailers for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on April 5, 2016 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: 1 Executive Summary 2017 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 4, 2017 • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4); • Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension" means stopping the clock on the term of a family's voucher after the family submits a request for"approval of the tenancy" (Chapter 8); • Any special rules for use of available funds when HUD provides funding to the DHNP for special purpose(e.g. continuum of care), including funding for specified families or specified category of families (Chapter 4); • Occupancy polices, including definition of what group of persons may qualify as a"family", definition of when a family is considered to be"continuously assisted", standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and 15); • Encouraging participation by owners of suitable units located outside of areas of low income(Chapter 1); • Assisting a family that claims that illegal discrimination has prevent the family from leasing a suitable unit(Chapter2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit(Chapter 12); • How to determine who remains in the program is a family breaks up(Chapter 12); • Informal review procedures for applicants (Chapter 18); • Informal hearing procedures for participants (Chapter 16); • The process for establishing and revising voucher payment standards (Chapter 8); 2 Executive Summary 2017 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 4, 2017 • The method of determining reasonable rent to owners (Chapter 1I); • Special policies concerning special housing types in the program (e.g. use of shared housing) (Chapter 4); • Policies concerning debts owed by families to DHNP (Chapter 17); • Interim re-determinations of family income and composition (Chapter 12); • Restrictions on the number of moves by a participant family (Chapter 13); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve(Chapter 1); • Procedural guidelines and performance standards for conducting required housing quality standard inspections (Chapter 10); and • DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 2) Additional Detail on Plan Contents Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: - Eligibility, selection and admissions policies, including de-concentration and wait list procedures - Financial resources - Rent determination procedures - Operations and management - Grievance procedures - Self-sufficiency programs(FSS) - Civil rights certifications - Fiscal year audit - Housing needs for the area - Strategy for meeting housing needs - Progress in meeting mission and goals - Any significant amendment and substantial deviations or modifications - Any plan elements that have been revised since the last Annual Plan certification - A listing of the locations where key elements of the Plan can be found 3 Executive Summary 2017 Housing Choice Voucher—Annual and Administrative Plans • Department of Housing and Neighborhood Preservation April 4, 2017 As mentioned,many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. In addition to City Council adoption of the 2017 Agency Plan,there must also be approval of two HUD required certifications. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077 which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing, Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, ADA regulations and various other federal laws. The second certification is HUD Form 50077-s1 which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan, and is previously cited. On February 21, 2017, the Annual Plan Update was made available to the public for the required 45-day review period. A public hearing was held on March 9, 2017, in conjunction with our resident advisory board meeting. Their comments will be attached to the final HUD submittal along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 15, 2017, which is the required 75 days before the beginning of our Fiscal Year of July 1, 2017. Administrative Plan: Staff has developed revisions to the 2017 plan. Primary differences between the prior plan and this proposed revision are as follows: • Format, grammatical and organizational corrections. • Revisions to ensure the plan reflect actual day-to-day operations of VBDHNP's Rental Housing Division. • Amend admission language to allow temporary acceptance of families into the housing program who lack social security number verification for 90 days (Chapter 2). • Amend occupancy standards language to read "the utility allowance allocation is based on the lesser of the actual unit size or the approved voucher size"(Chapter 5). • Includes an insertion of language to identify determination of income exclusion sources(Chapter 6). • Includes an insertion in the Housing Quality Standards and Inspection Policy to include the adoption of the biennial inspection provision (Chapter 10). 4 Executive Summary 2017 Housing Choice Voucher— Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 4, 2017 • Includes an insertion in the Housing Quality Standards and Inspection Policy to include tenant responsibility(Chapter 10). • Includes an insertion to the Housing Quality Standards and Inspection Policy to include an inspection fee for multiple unit inspection visits(Chapter 10). • Includes a revision to the Complaints and Appeals policy to ensure that participants have access to "all"evidence intended for use during a termination hearing(Chapter 18). These proposed revisions were advertised and made available along with the Annual Plan as noted above. 5 PHA Certifications of Compliance U.S.Department of Housing and Urban Development with PHA Plans and Related Office of Public and Indian Housing Expires 4/30/2011 Regulations PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA)listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners,1 approve the submission of the X_5-Year and/or_X Annual PHA Plan for the PHA fiscal year beginning 7/1/2015, hereinafter referred to as"the Plan", of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development(HUD)in connection with the submission of the Plan and implementation thereof 1. The Plan is consistent with the applicable comprehensive housing affordability strategy(or any plan incorporating such strategy)for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan,which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice,for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA certifies that there has been no change,significant or otherwise,to the Capital Fund Program(and Capital Fund Program/Replacement Housing Factor)Annual Statement(s),since submission of its last approved Annual Plan. The Capital Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if there is no change. 4. The PHA has established a Resident Advisory Board or Boards,the membership of which represents the residents assisted by the PHA,consulted with this Board or Boards in developing the Plan,and considered the recommendations of the Board or Boards(24 CFR 903.13).The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing,published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will cany out the Plan in conformity with Title VI of the Civil Rights Act of 1964,the Fair Housing Act,section 504 of the Rehabilitation Act of 1973,and title II of the Americans with Disabilities Act of 1990. 7. The PHA will affirmatively further fair housing by examining their programs or proposed programs,identify any impediments to fair housing choice within those programs,address those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 8. For PHA Plan that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate,complete and timely manner (as specified in PIH Notice 2006-24); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside,including basic information about available sites;and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications,as specified in 24 CFR part 903.7(c)(I). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. The PHA will comply with the Architectural Bathers Act of 1968 and 24 CFR Part 41,Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 11. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low-or Very-Low Income Persons,and with its implementing regulation at 24 CFR Part 135. Previous version is obsolete Page 1 of 2 form HUD-50077(412008) 12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50,respectively. 15. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 17. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act,the Residential Lead-Based Paint Hazard Reduction Act of 1992,and 24 CFR Part 35. 18. The PHA will comply with the policies,guidelines,and requirements of OMB Circular No. A-87(Cost Principles for State, Local and Indian Tribal Governments),2 CFR Part 225,and 24 CFR Part 85(Administrative Requirements for Grants and Cooperative Agreements to State,Local and Federally Recognized Indian Tribal Governments). 19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 21. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors(or similar governing body);and (iii)The revised policies and programs are available for review and inspection,at the principal office of the PHA during normal business hours. 22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements. City of Virginia Beach VA 039 PHA Name PHA Number/HA Code 5-Year PHA Plan for Fiscal Years 2015 - 2019 X Annual PHA Plan for Fiscal Years 2017 -2018 1 hereby certify that all the information stated herein.as well as any information provided in the accompaniment herewith,is[we and accurate.Warning: IND will prosecute false claims and statements Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010.1012.31 U.S.C.3729 3802) Name of Authorized Official Title Andrew M. Friedman Department Director Signature Date Previous version is obsolete Page 2 of 2 form HUD-50077(42008) Certification by State or Local U.S Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan or OMB No.2577-0226 State Consolidated Plan Expires 2/29/2016 (All PlAs) Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, _Andrew Friedman , the Director of Housing and Neighborhood Preservation Official's Name Official's Title certify that the 5-Year PHA Plan and/or Annual PHA Plan of the City of Virginia Beach,Department of Housing Neighborhood Preservation(DHNP) PHA Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments (Al)to Fair Housing Choice of the City of Virginia Beach Local Jurisdiction Name pursuant to 24 CFR Part 91. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the Al. The City of Virginia Beach, DHNP continues efforts to promote affordable housing. Our efforts include partnering in the new construction development of 179 affordable housing units this calendar year,promoting the development of housing for the elderly community, and individuals with disabilities,as well as partnering with city and state agencies to administer housing assistance for approximately 120 individuals with developmental disabilities. I hereby certify that all the information slated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Warning: HUD will prosecute false claims and statements.Conviction may insult in crimina I and:or civil penalties. (18 U.S.C.1001,1010.1012,31 U.S.C.3729.3802) Name of Authorized Official Title Andrew M. Friedman Department Director Signature Date Page 1 of 1 form HUD-50077-SL(12/2014) Fy2017/18 Summary of administrative plan changes Location Topic Change/Issue Reason Page 2-5 Verification of (D)Amend the language to allow Mandatory provision modification Social Security the acceptance of families into the allowing the participant more Numbers program on a temporarily basis flexibility in eligibility determination (90 day period) if the family only especially in situations where a lacks the documentation family has adopted a child, or added necessary to verify a SSN. a foster child. Page 5-3 Occupancy (C)Amend language to read "the Mandatory provision modification Standards utility allowance is based upon the enacted as a cost saving measure. lesser of the size of the unit actually leased or the voucher size issued". Page 6- Annual Income (S) Insert language identifying Inclusion of mandatory provision 16 Exclusions income which is excluded from amending the definition of excluded determination of household income to include any financial annual income and rent. assistance received for tuition and fees. Page 10- Biennial (A) Amend language to include DHNP has adopted this policy 2 Inspections the biennial inspections as part of revision in an effort to reduce the inspection policy for housing administrative and financial quality standards determination. burdens, to incentivize high performing property owners, and allow PHA's to concentrate resources on high risk units. Page 10- Tenant (K) Insert language to include a Clearly define participant 12 responsibility- policy outlining tenant accountability. unit damage responsibility for unit deficiencies associated with tenant damage or neglect. Page 10- Housing Quality (1) Insert language to include a This provision helps to ease the 12 Standards Re- policy to assess an inspection fee administrative burden of inspecting Inspection Fee to owners who unit fail multiple a unit multiple times and helps to unit inspections within a single hold the owner accountable for inspection period. timely repairs. MDW 03/01/2017 rcier CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance approving the acquisition of three 50-year easements, one for ingress/egress and two for equipment and material storage, from the United States of America across property near Potters Pit MEETING DATE: April 4, 2017 • Background: For many years, the City has used, via short-term licenses, an area across property owned by the United States of America, Department of the Navy (the "Navy") to access the City-owned property known as the 'Potters Pit" on Potters Road. The Navy wants to make a long-term arrangement and has suggested that instead of an annual license, the City purchase 50-year easements for access and storage. The Navy has determined that the value of the easements needed (2 equipment and material storage easements and 1 ingress/egress easement) (collectively, the "Easements") is $12,000. The Easements are identified on the attached Location Map. • Considerations: City staff and the Navy have reached an agreement on the purchase price and the terms of the acquisition of the three easements. The purchase price is $12,000 in cash or in the form of in-kind consideration, or some combination of both cash and in-kind consideration and is recommended to be funded from CIP 7-023 (Primary System Improvements II). The Navy has identified paving work (8,300 square feet) on Sludge Drive (also known as Railroad Drive) as potential in-kind work to be performed in lieu of a cash payment for the easements. The limits of the paving work will extend from Potters Road south to the existing security gate as shown on Exhibit I. The total area of the Easements is approximately 38,881 square feet (0.8925 acres). The other terms upon which the Easements will be conveyed, including their dimensions, are set forth in the Grant of Easement, a copy of which is attached to the Ordinance. • Funding: City staff has determined that funding for purchasing the Easements is available in CIP 7-023 (Primary System Improvements II). • Public Information: Advertisement of City Council Agenda • Alternatives: Decline to acquire the Easements at the risk of the City being unable to lawfully access its property. • Recommendations: Purchase the Easements. • Attachments: Ordinance, Grant of Easement, Exhibit I and Location Map Recommended Action: Approval of the Ordinance. Submitting Dec ency: Public Works/Real Estate C:$ - City Manager: 1 AN ORDINANCE APPROVING THE 2 ACQUISITION OF THREE 50-YEAR 3 EASEMENTS, ONE FOR INGRESS/EGRESS 4 AND TWO FOR EQUIPMENT AND 5 MATERIAL STORAGE, FROM THE UNITED 6 STATES OF AMERICA ACROSS PROPERTY 7 NEAR POTTERS PIT 8 9 WHEREAS, the City of Virginia Beach owns property along Potters Road, known 10 as Potters Pit (GPIN: 2407-34-6916) ("Potters Pit"); 11 12 WHEREAS, the United States of America, Department of the Navy (the "Navy") 13 owns the adjacent property along Potters Road, which is a part of the property known 14 as Naval Air Station Oceana (GPIN: 2406-55-7429) (the "Property"); 15 16 WHEREAS, the City has used for many years, via short-term licenses, an area 17 across the Property for access to Potters Pit; 18 19 WHEREAS, in order to have a long-term arrangement for the City's use, the 20 Navy desires to convey to the City two (2) easements for equipment and material 21 storage and one (1) easement for ingress and egress to Potters Pit (collectively, the 22 "Easements"); 23 24 WHEREAS, the Easements will each have a duration of fifty (50) years and will 25 be conveyed upon the terms set forth in the Grant of Easement, attached hereto as 26 Exhibit A and made a part hereof; 27 28 WHEREAS, City staff and the Navy have reached an agreement on the purchase 29 price of the acquisition of the three (3) easements, subject to the approval of City 30 Council, as follows: a one-time purchase price of $12,000 in cash or in the form of in- 31 kind consideration (paving of Navy property), or some combination of both cash and in- 32 kind consideration; and 33 34 WHEREAS, City funding for purchasing the easements is available in CIP 7-023 35 (Primary System Improvements II). 36 37 38 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 39 VIRGINIA: 40 41 1. That the City Council authorizes the acquisition of the Easements from the 42 Navy for $12,000, in cash or in the form of in-kind consideration, pursuant to the terms 43 substantially in accordance with the Grant of Easement attached hereto as Exhibit A. 44 45 2. That the City Manager or his designee is further authorized to execute all 46 documents that may be necessary or appropriate in connection with acquiring the 47 Easements, including without limitation the Grant of Easement attached hereto as 48 Exhibit A subject to such other terms, conditions and modifications as may be 49 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 50 51 This ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of , 2017. 55 CA12978 Owgw.cam\1st\appli[atlonskityl awprod\cyccm32\wpdocs\0021\pa29wp 351070 dos R-1 March 2, 2017 V // TO / NT ' - n. f / Pu Iic Works APPROVED AS TO LEGAL SUFFICIENCY 4� 'Mg Syee,r-I Rebecca .Kubik/ City Attorneys Office EXHIBIT i Exempt from recordation All correspondence pertaining to this taxes under Sections 58.1-811(A)(3) Easement must include reference to: and 58.1-811(C)(4);Reimbursement FILE NO: EO-10238 authorized under Section 25.1-418 CONTRACT NO: N40085-17-RP-00046 Prepared by Department of the Navy Naval Facilities Engineering Command, Mid-Atlantic 9324 Virginia Avenue Norfolk, VA 23511 GRANT OF EASEMENT THIS INDENTURE, made this day of ,20_,between the UNITED STATES OF AMERICA,the grantor, hereinafter called the GOVERNMENT, represented by the Commanding Officer,Naval Facilities Engineering Command, Mid-Atlantic acting by and through the Secretary of the Navy, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the GRANTEE. WHEREAS,the GOVERNMENT owns that certain real property identified as Naval Air Station Oceana, located in Virginia Beach,Virginia, hereinafter called the INSTALLATION; and WHEREAS, the GRANTEE has requested an easement for the construction, installation, operation, maintenance, repair and replacement of an access road and two fenced in storage areas on, in, over, under, and across GOVERNMENT property, hereinafter called the EASEMENT AREA, located at the INSTALLATION; and WHEREAS, in consideration for the easement, the GRANTEE has agreed to re-pave 8,300 square feet of Sludge Road, also known as Railroad Drive, south toward the security gate at the INSTALLATION, by milling the entrance area of Sludge Road 40 linear feet from the tie- in to Potters Road,and re-paving with a design of 3 inches of BM-25.0A base asphalt and 2 inches of SM-25.0D surface asphalt, and to re-pave the remaining 360 linear feet of Sludge Road, by milling and re-paving with a design of 2 inches of SM-25.0D surface asphalt, hereinafter PAVING; and WHEREAS, the Secretary of the Navy has found that the granting of such an easement on the terms and conditions hereinafter stated is not incompatible with the public interest. NOW THEREFORE, this INDENTURE witnesseth that, in consideration of the easement and the PAVING to be performed at the INSTALLATION,pursuant to the authority of 10 U.S.C. § 2667 and 2668,the GOVERNMENT hereby grants to the GRANTEE and its successors and assigns, for a period 50 years from the date hereof, an easement for the construction, installation, operation,maintenance, repair, and replacement of an access road and two fenced in storage areas, on, in, over, under and across INSTALLATION property in the EASEMENT AREA,containing 38,881 square feet, or 0.8925 acres, more or less, and more Version:26 Nov 2013 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 specifically described in Exhibit "A"and shown in Exhibit"B", attached hereto and made a part hereof. GPIN: 2406-55-7429 THIS EASEMENT is granted subject to the following terms and conditions, which GRANTEE, by its acceptance hereof, specifically agrees to and consents to be bound by: 1. CONSIDERATION. In consideration of twelve thousand dollars($12,000.00)in cash or in the form of in-kind consideration, or some combination of both cash and in-kind consideration, to be received within 365 days of execution of this easement, and of other good and valuable consideration(the receipt and adequacy of which, as consideration, the parties hereto both acknowledge),the parties hereto, intending to be legally bound hereby, have agreed to, and do hereby, effectuate the conveyance set forth below. 2. ACCESS BY GRANTEE. The GOVERNMENT grants to the GRANTEE the right to use the EASEMENT AREA, together with the necessary rights of ingress and egress authorized by the Installation Commanding Officer. The GRANTEE and its invitees and contractors agree to absorb all costs, including time and expenses, associated with gaining access to the Installation under the RAPIDGATE or similar program. Any parking that accompanies the use of,and any routes of access to and from,the EASEMENT AREA are subject to change at the sole discretion of the Installation Commanding Officer. 3. USE BY GOVERNMENT. The GOVERNMENT may use the EASEMENT AREA for any purpose that does not unreasonably interfere with the use and enjoyment by the GRANTEE of the rights granted by this Easement. 4. SUBJECT TO EXISTING AND FUTURE EASEMENTS. This Easement is granted subject to all other existing easements, if any, of public record, and to such utility lines, roadways, or other improvements as may now be located on, over, or under the EASEMENT AREA. This EASEMENT is subject to all existing easements, all other outstanding rights, recorded and unrecorded, and to all such utility lines,roadways,or other improvements as may be located on, in,under, across, through and over the EASEMENT AREA, and to the right of the GOVERNMENT to grant such additional easements and rights of way on, in, under, across,through and over the EASEMENT AREA as it shall determine to be in the public interest, provided that such additional easements and rights of way will not unreasonably interfere with the GRANTEE's use of the EASEMENT AREA in accordance with this Easement. 5. APPROVAL OF PLANS. All work performed by the GRANTEE, its agents or contractors, in connection with the operation and maintenance of the AREA, shall be performed at no cost to the GOVERNMENT. GRANTEE shall not construct any improvements on the EASEMENT AREA without written approval from the GOVERNMENT. Version: 26 Nov 2013 Page 2 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 6. RESTORATION. Upon completion of any work performed in or upon the EASEMENT AREA, GRANTEE,at its own expense, shall remove all equipment and unused or surplus materials, if any,and shall restore the EASEMENT AREA to the same, or as good a condition as existed prior to the initiation of such work,and in a manner satisfactory to the GOVERNMENT as determined by the Real Estate Contracting Officer,Naval Facilities Engineering Command, Mid-Atlantic, or his/her designated local representative. 7. PROTECTION AND MAINTENANCE OF EASEMENT AREA. The GRANTEE, at its own cost and expense, shall maintain the EASEMENT AREA and the AREA in good condition at all times and shall promptly make all repairs that may be necessary for the preservation of the condition of the EASEMENT AREA and the continued operation and maintenance of the EASEMENT AREA. 8. DAMAGE TO THE EASEMENT AREA. GRANTEE, at its expense, shall repair or restore any damage to GOVERNMENT property that may occur during the construction, operation, maintenance, repair and replacement of the AREA in a manner satisfactory to the GOVERNMENT as determined by the Real Estate Contracting Officer,Naval Facilities Engineering Command, Mid-Atlantic or his/her designated local representative. To the extent permitted by law and subject to appropriation, GRANTEE,for itself and on behalf of its employees, authorized agents and contractors shall reimburse the GOVERNMENT for any and all actual costs, direct and indirect, incurred by the GOVERNMENT as a result of any damage to the EASEMENT AREA caused by their individual or collective actions. 9. APPLICABLE RULES AND REGULATIONS. The GRANTEE's rights hereunder shall be subject to such reasonable rules and regulations as may be prescribed by the GOVERNMENT to assure that the exercise of those rights will not unreasonably interfere with the GOVERNMENT's activities at the Installation. The GRANTEE shall adhere to all GOVERNMENT imposed security rules and regulations in the exercise of such rights. 10. INDEMNIFICATION. To the extent permitted by law and subject to appropriation, GRANTEE shall indemnify and defend the GOVERNMENT against, and hold the GOVERNMENT harmless from, any costs, expenses, liabilities,fines, suits,actions, damages, liability and cause of action arising or growing out of, or in any way connected with,the occupation or use of the EASEMENT AREA by the GRANTEE and its employees, agents, servants, guests, and invitees. However,this liability shall not extend to matters caused by the GOVERNMENT's negligent or willful acts. This provision shall survive the expiration or termination of this Easement and GRANTEE'S obligations hereunder shall apply whenever the GOVERNMENT incurs costs or liabilities for the GRANTEE's actions. 11. GRANTEE'S RESPONSIBILITY. The GOVERNMENT shall not be responsible for damages to property or injuries to persons that may arise from, or be incident to, the use and occupation of the EASEMENT AREA by the GRANTEE, or for damages to the property or injuries to the persons of the GOVERNMENT's officers,agents, servants, or employees, or others who may be on the EASEMENT AREA at their invitation or the invitation of any one of them arising from or incident to governmental activities except as permitted under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. Version:26 Nov 2013 Page 3 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 12. ROAD CONNECTIONS/GOVERNMENT RESERVATION. The GOVERNMENT reserves the right to make whatever connections between the Road herein authorized and other roads on the Installation that the GOVERNMENT may consider necessary. It also reserves to itself easements for all purposes on, in,through, under, upon,across and over the EASEMENT AREA; provided, however, that such reserved easements shall be used in a manner that will not unreasonably interfere with the use and enjoyment by the GRANTEE of the easement rights granted herein. 13. ROAD SURFACE AND DESIGN. The road crossing surface and design shall be done in accordance with American Railway and Engineering and Maintenance-of-Way Association (AREMA). 14.ENVIRONMENTAL PROVISIONS. a. GRANTEE shall comply with all applicable environmental laws, ordinances,rules, and regulations and all other Federal, state, and local laws, ordinances, regulations, and standards that are or may become applicable to GRANTEE's activities on the EASEMENT AREA. b. GRANTEE shall be, at its sole cost and expense, solely responsible for obtaining any environmental permits required for its activities on the EASEMENT AREA. c. GOVERNMENT's rights under this Easement specifically include the right for its representatives to inspect the EASEMENT AREA upon reasonable notice for compliance with environmental, safety, and occupational health laws and regulations, whether or not the GOVERNMENT is responsible for enforcing them. The inspections shall be made without prejudice to the right of duly constituted enforcement officials to make them. The GRANTEE shall have no claim on account of any entries against the United States or any of its officers, agents, employees, contractors, or subcontractors. d. Storage,treatment, or disposal of toxic hazardous materials on the EASEMENT AREA is prohibited except as authorized by the GOVERNMENT in accordance with 10 U.S.C. § 2692. e. The GRANTEE will not use Installation accumulation points for hazardous and other wastes or permit its hazardous wastes to be commingled with hazardous waste of the GOVERNMENT. f. The GRANTEE shall be solely responsible for the release,or substantial threat of a release, into the environment of any hazardous substance, pollutant or contaminant as the result of any activity under this Easement, and any preceding easements, licenses, or rights-of-way. Any reporting,containment,removal, or other remedial action relating to a release or threat of release required by law or regulation shall also be the responsibility of the GRANTEE. g. The GRANTEE agrees to comply with the provisions of any health or safety plan in effect under the Installation Restoration Plan (IRP) or the Resource Conservation Recovery Act (RCRA) Corrective Action Program during the course of any of the above described response or Version:26 Nov 2013 Page 4 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 remedial actions. Any inspection, survey, investigation, or other response or remedial action will be, to the extent practicable, coordinated with representatives designated by the GOVERNMENT. The GRANTEE shall have no claim on account of any entries against the United States or its officers,agents, employees, contractors, or subcontractors. In addition, GRANTEE shall comply with all applicable Federal, state and local occupational safety and health regulations. h. GRANTEE shall, to the extent permitted under applicable law and subject to appropriation,indemnify and hold harmless GOVERNMENT from,and defend GOVERNMENT against,any damages, costs, expenses, liabilities, fines, suits,actions, or penalties resulting from releases, discharges, emissions, spills, storage, treatment,disposal, or other acts or omissions by GRANTEE, its officers, employees, agents, contractors, licensees, or the invitees of any of them, giving rise to GOVERNMENT liability, civil or criminal, or responsibility under federal, state or local environmental laws. This Paragraph shall survive the expiration or termination of this Easement, and the GRANTEE's obligations under this Paragraph shall apply whenever the GOVERNMENT incurs costs or liabilities for GRANTEE's actions. However, this liability shall not extend to matters caused by the GOVERNMENT's negligent or willful acts. i. The GRANTEE shall strictly comply with the hazardous waste permit,storage, handling, and disposal requirements under the Solid Waste Disposal Act or its state equivalent. The GRANTEE must provide at its own expense any hazardous waste storage facilities,complying with all laws and regulations that it may need for storage. Installation hazardous waste storage facilities will not be available to the GRANTEE. j. GRANTEE shall manage the natural and cultural resources on the EASEMENT AREA in a manner that is consistent with the philosophies and supportive of the objectives of the Installation's Integrated Natural Resource Management Plan and Integrated Cultural Resource Management Plan. GRANTEE shall identify any activity that may affect Federally regulated resources (listed species,wetlands, waters of the United States,etc.)and provide information and mitigation that may be required to support consultation with the applicable regulatory agency. k. GRANTEE shall, during the construction, installation, operation,maintenance, and repair of the AREA,upon inadvertently discovering Native American human remains, funerary objects, sacred objects, objects of cultural patrimony, as those terms are defined in 43.C.F.R. § 10.2(d), immediately notify by telephone the Installation Public Works Officer at(757)433-3321, followed by written confirmation. The GRANTEE shall cease all activity in the area of the inadvertent discovery until directed otherwise by the Installation. Additionally,the GRANTEE shall take all reasonable efforts to protect any Native American human remains, funerary objects, sacred objects, objects of cultural patrimony, so discovered consistent with 43 C.F.R. § 10.2(d). 15. ENVIRONMENTAL CONDITION OF PROPERTY. a. An Environmental Condition of Property(ECP) has been prepared as of the start date of this Easement to document the known environmental condition of the property. It is attached hereto as Exhibit"C"and made a part hereof. At the termination or expiration of this Version:26 Nov 2013 Page 5 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 Easement,another ECP shall be prepared to note the environmental condition of the property at that time. A comparison of the two ECP documents shall be made to determine the extent, if any,of liability on the part of the GRANTEE. b. For purposes of this Easement the following terms shall have the following meanings: (1) "Toxic or Hazardous Materials" means all manner of substances, pollutants, contaminants, and waste to which Applicable Environmental Laws pertain,expressly including petroleum, petroleum products,and materials defined in 48 C.F.R. § 252.223-7006(a)(ii)and (iii). (2) "Contamination" means a level of Toxic or Hazardous Materials in the air,soil,or water(surface water or ground water),that exceeds levels allowed by Applicable Environmental Laws. (3) "Applicable Environmental Laws" means: (a)Federal, state, and local statutes, laws, ordinances, rules,and regulations, to which the GOVERNMENT is made subject by Federal law or to which the GRANTEE is made subject by Federal and state law; (b) Executive Orders of the President of the United States; (c) decisions of courts and administrative tribunals of competent jurisdiction; (d)administrative orders of regulatory agencies of competent jurisdiction (involuntary or on consent); and (e)regulations and directives of the Department of Defense,the Department of the Navy,and the Marine Corps(for Marine Corps installations only), which pertain to the human environment(as defined in the National Environmental Policy Act of 1969); transportation of hazardous material; and human health and safety(including occupational safety). (4) Applicable Environmental Laws include, without limitation, the Comprehensive Environmental Response, Compensation,and Liability Act(42 U.S.C. § 9601 et seq.), the Hazardous Material Transportation Act(49 U.S.C. § 1801, et seq.),the Resource Conservation and Recovery Act (42 U.S.C. § 6901, et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), the Clean Air Act(42 U.S.C. § 7401, et seq.),the Toxic Substances Control Act (15 U.S.C. § 2601, et seq.),the Occupational Safety and Health Act(29 U.S.C. § 651, ct seq.), and 10 U.S.C. § 2692,as amended. (5) "Release" means any discharge, spill, emission, leaking,pumping,injection, excavation, deposit, disposal, leaching,or migration into the environment,accidental or otherwise, or introduction into the environment by any other means or method. Version:26 Nov 2013 Page 6 of 22 FILE NO: EO-10238 CONTRACT NO:N40085-17-RP-00046 (6) "Remedial Action" means: investigating or monitoring the environmental condition of the EASEMENT AREA and clean-up,removal, response(including emergency response), and restoration of the EASEMENT AREA, as per Applicable Environmental Laws, due to the presence or suspected presence of Contamination or a Release or suspected Release of Toxic or Hazardous Materials. c. If during the term of this Easement the GRANTEE becomes aware that a Release of Toxic or Hazardous Materials has occurred due to acts or omissions of the GRANTEE, its agents, or contractors, whether or not such Release results in Contamination of the EASEMENT AREA, the GRANTEE will give verbal notice to the GOVERNMENT within 24 hours of becoming aware of the Release,providing all relevant facts and circumstances. The GOVERNMENT may direct the GRANTEE to make a detailed written report of these facts and circumstances within a time certain. d. The GRANTEE, at its sole expense, will promptly take all action necessary to comply with Applicable Environmental Laws pertaining to a Release described in subparagraph 15(b), including but not limited to: report the occurrence to appropriate Federal, state,or local regulatory authorities, if so directed by the GOVERNMENT; take timely and effective steps to minimize the Release and its impact on human health and the environment;and take Remedial Action. The GOVERNMENT may direct the GRANTEE to provide all information requested by the GOVERNMENT regarding such actions within a time certain. e. The GRANTEE will ensure that all activities conducted on the EASEMENT AREA by the GRANTEE,its agents, or contractors are carried out in compliance with Applicable Environmental Laws. The GRANTEE will provide verbal notice to the GOVERNMENT within 24 hours of receiving any complaint, order, directive, claim, citation, or notice from any governmental authority or any other person or entity alleging noncompliance with or a violation of Applicable Environmental Laws on the EASEMENT AREA. The GRANTEE, at its solc expense, will promptly take all necessary action directed by Federal, state, or local regulatory authorities of competent jurisdiction to achieve or regain compliance with Applicable Environmental Laws. The GOVERNMENT may direct the GRANTEE to make a detailed written report, within a time certain, of the facts and circumstances underlying the alleged noncompliance or violation. Without limitation of the foregoing, the GOVERNMENT, in response to acts or omissions of the GRANTEE, its agents, or contractors may, in its discretion, take Remedial Action to remedy Contamination on the EASEMENT AREA or to achieve or regain compliance with Applicable Environmental Laws. f. The GOVERNMENT may at any time inspect the EASEMENT AREA or cause the EASEMENT AREA to be inspected, to assess whether the operations of the GRANTEE, its agents, or contractors are in compliance with Applicable Environmental Laws. To assist in this evaluation,the GRANTEE, its agents, and contractors will provide to the GOVERNMENT, or another entity, as the GOVERNMENT may direct, for examination and copying, all relevant books, records, documents, and other material in their possession. Version.26 Nov 2013 Page 7 of 22 FILE NO: EO-10238 CONTRACT NO:N40085-17-RP-00046 g. The GOVERNMENT,with good cause, may from time-to-time require the GRANTEE to conduct tests and analyses to assess whether the EASEMENT AREA are in compliance with Applicable Environmental Laws, and based on the results thereof,to so certify to the GOVERNMENT. Such tests and analyses shall be conducted in a manner satisfactory to the GOVERNMENT by recognized professionals approved by the GOVERNMENT. If the GOVERNMENT and the GRANTEE cannot reach agreement as to what tests and analyses shall be conducted, by whom,and when, the GOVERNMENT may perform such tests and analyses or cause such tests and analyses to be performed. 16. FAILURE TO INSIST ON COMPLIANCE. The failure of the GOVERNMENT to insist, in any one or more instances, upon performance of any of the terms,covenants or conditions of this Easement shall not be construed as a waiver or relinquishment of GOVERNMENT'S right to the future performance of any such terms, covenants or conditions and GRANTEE's obligations for their future performance shall continue in full force and effect. 17. FEDERAL FUNDS. This Easement does not obligate the GOVERNMENT to expend any appropriated funds. 18. ASSIGNMENT/TRANSFER OF RIGHTS. The GRANTEE shall not transfer or assign this Easement or any interest in it, or otherwise make any portion of, or rights in,the EASEMENT AREA available to any party without the prior consent of the GOVERNMENT. If any assignment is made,with or without consent, the assignee shall be deemed to have assumed all of the obligations of the GRANTEE. However, in no event shall the GRANTEE be relieved of any of its obligations under this Easement, except for an extension of its term that begins after an assignment, and then only if the GOVERNMENT shall have consented to it. 19. TERMINATION. a. If, at any time, the GOVERNMENT determines that the AREA,or any portion thereof, unduly interferes with any of its activities, the GOVERNMENT shall have the right to terminate this Easement, in whole or in part, to the extent necessary to eliminate the interference; However, unless the GOVERNMENT shall have determined that relocation is not feasible, it shall offer to convey to the GRANTEE, without charge, a substitute easement permitting the GRANTEE to relocate the AREA, or any portion thereof, on adjacent GOVERNMENT property, which relocation shall be accomplished at the GRANTEE's cost and expense. The substitute easement shall contain the same terms and conditions as those in this Easement, and shall bear the same expiration date, if any. b. All or any part of this Easement may be terminated upon failure by the GRANTEE to comply with any of its terms and conditions; upon abandonment of the rights granted herein; or upon non-use of those rights for a period of two consecutive years. Additionally,the GOVERNMENT may terminate all or any part of this Easement in the interest of anti-terrorism force protection or national security. Version:26 Nov 2013 Page 8 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 20. ADMINISTRATIVE COSTS AT EXPIRATION/TERMINATION OF EASEMENT. At the termination or expiration of this Easement, at the GOVERNMENT'S discretion, GRANTEE shall be responsible for administrative costs associated with completing a final inspection of the premises and updating the Environmental Condition of Property Report. 21. SURRENDER. Upon any termination or expiration of this Easement, the GRANTEE,at its own expense and risk, shall promptly remove,to the extent required by the GOVERNMENT, improvements,fixtures,and equipment installed or constructed hereunder, and shall restore the EASEMENT AREA to the same or as good a condition as that which existed prior to the exercise by the GRANTEE of its rights hereunder. The restoration shall be done in a manner satisfactory to the Real Estate Contracting Officer,Naval Facilities Engineering Command, Mid-Atlantic,or his/her designated representative and in accordance with applicable laws and regulations. If the GRANTEE fails to remove the property as required by the GOVERNMENT,all improvements, chattels, and other items abandoned by the GRANTEE become GOVERNMENT property ninety (90)days following the date of termination or expiration. If the GOVERNMENT incurs any cost to remove the items abandoned by the GRANTEE, the GRANTEE shall reimburse the GOVERNMENT for any and all actual costs,direct and indirect, incurred by the GOVERNMENT. 22. STATEMENT OF COMPLIANCE. Pursuant to 10 U.S.C. §2662(d): a. This Easement is not subject to the requirements of this section;or, b. This Easement is subject to the requirements of this section and said requirements have been met. 23. ADDITIONS MODIFICATIONS AND DELETIONS. Prior to the execution of this EASEMENT,the following additions, modifications and deletions were made: The last sentence of Paragraph I.a has been deleted as no administrative expenses will be borne by the GRANTEE. Version:26 Nov 2013 Page 9 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 IN WITNESS WHEREOF,the parties hereto have caused this GRANT OF EASEMENT to be executed by their duly authorized representatives as of the day and year first written above. UNITED STATES OF AMERICA By: AMANDA R. M. PACK Real Estate Contracting Officer Naval Facilities Engineering Command, Mid-Atlantic COMMONWEALTH OF CITY/COUNTY OF The foregoing document was acknowledged before me, this day of 20 by NOTARY PUBLIC My Commission Expires _ Registration No. Version:26 Nov 2013 Page 10 of 22 FILE NO: E0-10238 CONTRACT NO: N40085-17-RP-00046 GRANTEE ACCEPTED ON BEHALF OF THE CITY OF VIRGINIA BEACH; City Manager or his Designee or City Real Estate Agent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/ AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO §2-154 OF THE CITY CODE, whose name is signed to the foregoing agreement, bearing date the _ day of 20. , has acknowledged the same before me in my City and State aforesaid. He/She is personally known to me. GIVEN under my hand the day of , 20_ NOTARY PUBLIC My Commission Expires: Notary Registration Number: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Public Works/Operations City Attorney Version: 26 Nov 2013 Page I 1 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 EXHIBIT "A" DESCRIPTIONS of Proposed 70' and 60'Equipment and Material Storage Site Easements and Proposed 50'Ingress-Egress Easement lying in Naval Air Station Oceana City of Virginia Beach,Commonwealth of Virginia PARCEL A A strip of land 70 feet wide for an Equipment and Material Storage Site Easement lying over and across that part of Tract No. 69,Naval Air Station Oceans,according to the lands described in Deed Book 296 at Page 170 of the Public Records of the City of Virginia Beach,Virginia. Said strip of land extending southerly from the southerly right of way of the former Norfolk Southern Railway Company right of way(66'wide)(hereinafter"66'Right of War)to the northerly right of way of Potters Road(formerly State Route No.635),being more particularly described as follows: From the southwesterly corner of Oceana Village according to Map Book 26 at Page 5 of said Public Records run S.89°30'28"W.along the northerly right of way line of said 66' Right of Way a distance of 1,660 feet,more or less, to the corner common to Tract A and Tract B on the northerly right of way of said 66'Right of Way according to Map Book 127,at page 52,of said Public Records; thence run S.0°29'32"E.for a distance of 66.00 feet to southerly right of way of said 66' Right of Way and to the POINT OF BEGINNING A. From said Point of Beginning A,continue S.0°29'32"E.for a distance of 219.33 feet,more or less,to the northerly right of way of said Potters Road; thence run S. 80%2'44"W.along said northerly right of way for a distance of 70.97 feet; thence run N.0°29'32"W.parallel with and 70 feet westerly(as measured at right angles)of the first mentioned course,for a distance of 231.00 feet,more or less,to the southerly right of way of said 66' Right of Way; thence run N. 89°30'28"E.along said southerly right of way for a distance of 70.00 feet to the Point of Beginning A. Containing 15,762 Square Feet. SUBJECT TO any easements,restrictions,reservations or rights of way of record. Bearings and dimensions mentioned hereinabove are based on the State Plane Coordinate System,Virginia South Zone,North American Datum of 1983(1993 HARN Adjustment). Refer to"EASEMENT FOR EQUIPMENT AND MATERIAL STORAGE TO BE ACQUIRED AREA A"on EXHIBIT"B",a survey plat prepared by the City of Virginia Beach,Engineering Group,Survey Bureau entitled, "PLAT SHOWING EASEMENTS TO BE ACQUIRED FROM UNITED STATES GOVERNMENT BY THE CITY OF VIRGINIA BEACH,VIRGINIA,"dated August 15,2013 and revised through June 18,2014,of the proposed easement,attached hereto and made a part hereof(hereinafter the"Easement Plat"). PARCEL B A strip of land 60 feet wide for an Equipment and Material Storage Site Easement lying over and across that part of Tract No.69,Naval Ar Station Oceans,according to the lands described in Deed Book 296,at page 170,of the Public Records of the City of Virginia Beach,Virginia. Said strip of land extending southerly from the southerly Version:26 Nov 2013 Page 12 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 right of way of the 66' Right of Way to the northerly right of way of Potters Road(formerly State Route No. 635), being more particularly described as follows: From the southwesterly corner of Oceana Village according to Map Book 26,at page 5,of said Public Records run S.89°30'28"W.along said northerly right of way a distance of 1,660 feet more or less to the corner common to Tract A and Tract B on the northerly right of way of said 66'Right of Way according to Map Book 127,at page 52, of said Public Records; thence run S.0°29'32"E.for a distance of 66.00 feet to southerly right of way of said 66' Right of Way; thence run N.89°30'28"E.along said southerly right of way for a distance of 50.00 feet to the POINT OF BEGINNING B. From said Point of Beginning B,continue N. 89°30'28"E.along said southerly right of way for a distance of 60.00 feet; thence run S.0°29'32"E.for a distance of201.00 feet more or less to the northerly right of way of said Potters Road; thence nm S.80°02'44"W.along said northerly right of way for a distance of 60.83 feet; thence run N.0°29'32"W.parallel with and 60 feet westerly(as measured at right angles)of the second mentioned course,for a distance of 211.00 feet more or less to the Point of Beginning B. Containing 12,360 Square Feet. SUBJECT TO any easements,restrictions,reservations or rights of way of record. Bearings and dimensions mentioned hereinabove are based on the State Plane Coordinate System,Virginia South Zone,North American Datum of 1983(1993 HARN Adjustment). Refer to"EASEMENT FOR EQUIPMENT AND MATERIAL STORAGE TO BE ACQUIRED AREA B" on EXHIBIT"B",on the Easement Plat,attached hereto and made a part hereof. PARCEL C A strip of land 50 feet wide for an Ingress and Egress Easement lying over and across that part of Tract No.69, Naval Air Station Oceana,according to the lands described in Deed Book 296,at page 170,of the Public Records of the City of Virginia Beach,Virginia. Said strip of land extending southerly from the southerly right of way of the 66' Right of Way to the northerly right of way of Potters Road(formerly State Route No.635),being more particularly described as follows: From the southwesterly corner of Oceana Village according to Map Book 26,at page 5,of said Public Records run S.89°30'28"W.along said northerly right of way a distance of 1,660 feet,more or less,to the corner common to Tract A and Tract B on the northerly right of way of said 66' Right of Way according to Map Book 127,at page 52, of said Public Records; thence nm S.0°29'32"E.for a distance of 66.00 feet to southerly right of way of said 66' Right of Way and to the POINT OF BEGINNING A. From said Point of Beginning A continue S.0`29'32"E.for a distance of 219.33 feet,more or less,to the northerly right of way of said Potts Road; thence run N. 80°02'44"E.along said northerly right of way for a distance of 50.69 feet; thence run N.0°29'32"W.parallel with and 50 feet easterly(as measured at right angles)of the fast Version:26 Nov 2013 Page 13 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 mentioned course,far a distance of 211.00 feet,more or less,to the southerly right of way of said 66'Right of Way; thence run S.89°30'28"W.along said southerly right of way for a distance of 50.00 feet to the Point of Beginning A. Containing 10,759 Square Feet. SUBJECT TO any easements,restrictions,reservations or rights of way of record. Bearings and dimensions mentioned hereinabove are based on the State Plane Coordinate System,Virginia South Zone,North American Datum of 1983(1993 HARN Adjustment). Refer to"EASEMENT FOR EQUIPMENT AND MATERIAL STORAGE TO BE ACQUIRED"on EXHIBIT"B", on the Easement Plat,attached hereto and made a part hereof. Version:26 Nov 2013 Page 14 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 EXHIBIT "B" 7 - 1 1 1 11 P io 6 ;, # i ri 9 6 q Al } I�''4 1 fl & 11 k 41 hi - zl 1 is 1 €�• $i a C 0,4 4 4 i II Z €i, A 1 II iiia 9 — ;i ii fill I O . . .la Boil 41 f1i - n'n li Iiia "-lk•a a° i i !1 O ` { 1 1 pi ?i ' si91Ia ., _.. is I 6 ! .l it 91111 il;l! alert :1 •° i• ibbili i iii; ii 4alt! ------z----1----_±.- 1 ,11 l l i I > 416; i ...0 1 III €i _ a a a a p 1 p 5011{ a 10 . 1194,E el ti 4 i 1 i R gi NI g ,, I allh ' S I x4*! Version:26 Nov 2013 Page 15 of22 FILE NO: EO-10238 CONTRACT NO: N40085-1 7-RP-00046 EXHIBIT "C" Environmental Condition of Property (ECP) Checklist Page 1 sat Title: Potters goad Easement Installation: Naval Mr Station Oceans -- ParePLSihe an a nratiand ,1000-2040 Potters Road,Virginia Beach VA 23454 --_— Descrintiaa: Premised Red Estate Converting an eistngllcerme to an new easement agreement between HAS Oceane(Lessor)and Action Descrivltoo: {the Oty of VirginiaBeach(Lesee)to permit en access road overNAS Oceans owned property. Site SI®mary70fOlmation 1. labrmtian regarding site uses and any lmrdaas materials,cmetamiaatien,ercca&tlons_All avadabie and pertinent file, e;ords reports aridaerial?botupaphswee revised mid,whey seminary,a Ste inspection ander personal imendeas were condosted to dominant the envirovmearal c ndmansof the property to support the proposed tri mate scrim A semmary of the conditions,sources of Information Concluding location),and any inquired the resmcdeas is provided for arts awhmmeaS condition. A.Parcel/Site Uses: Prier Uwe, -None nv,na tsar ,Material and equipment storage -- -- - - Enutlises (Material and equipment storage ...` B.Contaminants: •No Dyes,identify contaminant R media: �, h Seuxofi[omvtfop �C ze eddlst Restrictions or Land Use Controls: No L.! lives,please identify andesplain in deal its Sidon 2 below. C.Reardon Ifdecialz use: :unknown Hazardous Llaecials Stange: Unknown _- J TEReHEHISE __ . T. of e sedan gimpy mrr _— ti Seurce of jute tIDL ResUfcboas in Land Use Cantols: to- — 2f yes,please idmify and explain in dean in Section 2 below. D.Treatment,Storage,Disposal of Hazardous Waste: Lnknown Saozce oCifosmatim Resmctlonz a Land Use Controls. No . lfyes,please identify sod explain in dead in Section 2 below. E.Uadergreavd Stene Tanks: No - UST No. Gals. Revised June 2015 NAVPAC MID-ATLANTIC Version:26 Nov 2013 Page 16 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 EXHIBIT "C" Environmental Condition of Property (ECP) Checklist Page2of7 Saagr..r frear..x WChoddiet and GAX _ _I Resmrdon or Land Use Comols: No _L If yes,pins.identify and explain in devil in Section 2 below. F Abave.Groand Storage Taala:-No AST No. Scorned'information 1-EY Cheddlst and GM( Restriction K Land Use Controls:!No I.1 If yes,please identify and explain in tail hi Section 2 below. C.Presence.5Polychlorinated Biphenyl's(PCB's): Unknown Saturn ofiafmmatien • Restictioas or Land Use Controls: No If yes,please identify end explain in detail in Section 2 below. H.Asbestos: Unknown ll Byes: • Unknown Sauce ofintomatson Resuictions or Land Use Clmnols: [No LJ Ryes,please identify ondexplein in detail in Section 2 below. -- _ I.Lead Paint Unknown, .. —_--3 Source of mfwmalioa Reseictians or Lane Use Controls: ,No If yes,please identify and explain in Retell In Section 2 below. ].Radon: •Unknown .. Souza ofitfowstieo' ResmCtims or Land Use Controls. No jj If yes,please identify rod explain in Rend in Section 2 below. IC Radiological Materials:ithknown Ll Source ofinfan Resluctms or Land Use Controls: No If lei,piens.iclint -y andesplain in Retail in SKIM]2 below. L.SalidBie-Hanrdous N'aste: 1Unknown — _ 1.3 ionised foae 2015 NAVPAC Mm-ATLAN-t'IC Version:26 Nov 2013 Page 17 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 EXHIBIT "C" Environmental Condition of Property (ECP) Checklist Page of Cons*of in/mine Restuctions or Land Use Controls. No �--_ tyes,please identify and explain in deaR in Section 2 below. M.llenitioas and Explosives of Concern: Unknown ii Source ofiafmmadoa Rss4ictaas ox Lad Use Controls: If ma please identify sadexplainin dead in Section 2 below. N.Tbreateoed or Eodaogered Species: FTcwn IJ Sauce of information L _ Ressictiaet s Land Use Controls:. No _-__.___ _ Nyes,plesse identify and explain in detail in Suction 2 below. J O.Nataal or Cultural Remotes: Yes 3 Ronnie of info,ma'on EVChecklist and GRN,See Section R Mdttonal Information. Res®ctias m Land Use Controls Yes 7 ifyes,please identify aid explain in dealt m Section 2 below. P.Use atAdjacent Properly: Caren Use: Roadway(Potters Road)and rsihvay(Norfolk Southern Railroad) Pass Use Roadway(Potters Road)and railway(Norfolk Souther Railroad) Source of information: NAVFACGRN Nov-2016 Resaictiom or Land Use Controls No If yes,plasidentify and explain in detail in Section 2 below. Q.Has the site bad any Notices et l'iolakos? No Uses_please emir 1 Restrictions eland Use Controls: rNo If yes,please ideffify and explain in dean in Section 2 below. S Additional ieformaliaa or comments regardag questions shown above Tama Attie ifgddtioaaf nem i needed): :Section Rr Stormewater drainage basin and open drainage lines are across the streetfrom the parcel Section OCultural Resources Thee are no cultural resources Issues with thisproJect SHPO consultation Isnot tegiired.The iprojectarea is located within an archaeologkany sensitive area;however the on:Tecedoes not entail any ground disturbance Thep project area Is situated a little over 300 metersfrom the Upper Wolhnarehlstoric house but since no newcondruction is Involved.ft will not affect the historic setting or Wee/shed However,if anyarchaeological resources are discovered,work F the Revised Time 2015 NAVPAC MID-ATLANTIC Version: 26 Nov 2013 Page 18 of 22 FILE NO: EO-10238 CONTRACT NO:N40085-17-RP-00046 EXHIBIT "C" Environmental Condition of Property (ECP) Checklist Page4 of 7 Imme•a earea o' a in.nu op •Cu'ura resources con.a • mm • e , u ermons any ure cons ru • n tothis area will require consuhation with SHPO and sutural resources surveys may also be required. C:Ron Hobgocd Cultural Resources Med la Manager ronaldJtobgoodasnavy.mil .757 3412027 I ISection O.Naturalfesourcer tBase:Naval Air Station Oceana Project Nemec Potters Road Easement K ReviewerInstallNon Natural Resources Manager Review Michael Wright Dale:24 August 2016 n.ronmentai Aspecb/Impacts:(sections that were"no"or"not anticipated"were removed from this list.but an be found in the EY Checklist) 1.Thrste ed Endangered Specks(ESA Endangered Species Act chttpQ/www.fw .gov/endangered/spedecflndorhtrnls ahttp://wwwdcrvlglnlagw/naNreLhedtage/dtsearchtool>)=Potential,none antldpated. 7.Tree Mitigation/Reimbursement 1NRMP/SIkes Act)=Potential R Coastal Zone Management Act(CZMA)=Yes A Coastal Consistency Determination CCP.Is not required relatedtoNatu rat Resources concerns) (%Migratory Birds(META Mlgatory0inl Treaty Act httmavnwaws.gov/bIrds/polides-and-regulationsilawslegislations/ 7mlgratorybld-treaty-actyhp>)=Potential. 10.Bird/Anima l Aircraft Strike Hazards(BASH)=Potential. 11.geld and Golden Eagle Protection Act(BAG EPA)=Potential. 14.National Invasive Species Ad(EO 11907.£013112)=Yes 15.Federal Nandoes Weed Act(chttlxf4,lantsusda,gowlavahsmcComposite>)=Potential. 17.Active Pest Spada Quarantines (<https/lswnv.aphlsuede.ovalwpsrportalhpHyouhcua/planthealthha domesdcyeses_ard diseases/a.; <httph//wwvavdecsvkginle.gw/plantirdusby-servkesshtml>)=Yes la Chesapeake Bey Preservation Act(CBPA)Watershed=Yes. 24.Soil Conservation and Dor estkMlotrnent Act(SCA,Soil Conservation AO)=Yes. 125,injurious W11dI4e(Lacey Act;chttpd/wwwhvsgov/Injurlouswlldllfek)=Potential. Additional Comments 11.Appropriate erosion and sediment control should beutilised to avoid contamination into adjacent wetlands.waterways, ditches and other,tormwater systems,No equipment should be utilized nor stored in wetlands orwaLsways without proper 1permlWcwrdlnetion.Note stornwaterdralns and ditches Immediately adjacent and/or within easement work-zone connect to" (waters of the US.that are considered Iln ear wetlands and protected under the Clean Water Act Inappropriate erosion and sediment control that results in a release of material Into an upland secionofditch thatthen runs into wetland/watersof the US Is consideredfll of wetlands and asbJectto the Issuance ofa notice of violation undartle CWA Z Due to proximity to the airfield and associated aircraft,any storage structures orlaydown area materials should be housed in (a way tomininize Its attraction to wildlife that could pose a laird/Animal Aircraft Strike Hazard(BASH)on the installation.Arms hof Mounded vegetation and/or soil are veryinvitirg to nesting or perching birds and to rodents which also attract lager Ianimalsto the area(prey/predatorrelationship),Aho.to reduce BASH concerns,all outdoor trashreceptades(perttoandy the where food based trash Isdisposed)on site must be scud Olds/doors closed)et all timesto avoid the attractionofwidife to the site, 3.The ActivityshOuld take evey precaution to avoid potential negative impacts to Migratory Birds.This project Is located along ,the Adantic Flyway.In addition there are known Threatened and Endangered Specisthatmlgrate through this area.Landscape' Ialteratons Pe.Tree removal,land clearing,etc4 are not authorized without additional coordination with the Installation Enwronmentai Program.If the activity proposesto conduct night operations the activity should NOTlnsbll lighting that could disorient birda migrating at night Activity shookfollowUnifid Facilities Criteria(UFCS Interior and acteriorlightig systems and controls and ensure: Lighting structures be installed that minimize ambient tight(light should be directdhhielded downwards not up or out),the following website provides examples of acceptableand unacceptable lighting fixtures<http'J(derkskyargMghdngr lightingbzsirsl>;and light-bulbs to be installed should anima color temperature of no more than 300D Kelvins(NO blue-rich white lights)utilizing'warm-white"orfihered LEDs can meet this requitement This may mean more pals have to be Installed iihan what would be required for higher kelvins bulbs to meet any lighting requirements ;As of 27 April 2016 the USFWS I PaC(Information for Planning and Conservation)system documented 36 species of Breeding _ Revised June 2015 NAVPAC MW-ATLANTIC Version:26 Nov 2013 Page 19 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 EXHIBIT "C" Environmental Condition of Property (ECP) Checklist PageS of 7 ;:r•s• one - on ancemt a cou•occuron eprose a e ' ema• y• ' ese',penes ave•-'moan mw• o•- ' present on the installagon).Arytake of a migratory bird(including poseetlon of parts of a bird{an active net,or eggs h a • 'violation of the Migratory BirdTreaty Act,unless appropriate permits and authwfagom aro obtained 'As of the 03 Apr 20t6 nesting bald eagle survey for the Installation,this project does not currently have eagles nesting within ' Idle USFWS stat nd-off,buffer distances of an active eagle nest.Protect should verify annually that there are no active eagle nests within 2E40L of the project site.Eagles are occaslonagyobserved on the installation.Eagles begin esteNNhing nesting Itemltorle In the fall.and have active nests over the winter end eadyspMng months.Coordination with the Installation Natural .Resources Manager will need to be maitainedtoensureno newnesb or roosts are established prior batheproject consbuctlon time-lineConsultationswith USFWB and VDGF may be requlredlfanest b located within 2.640k of the project (ate '4.EC does not indicate if revegetatlon/bndsoptng will be completed tandaaping/reucgetating sot disturbed areas:ONLY 'Native Species should be utilized.The Installation b located withinthe Coastal Pains(C)of VA and as such species nativetothis 'Toneshould be utilized for vegetation/landsoping&Males on base.A Int of nativeglant nurseries lsmaintainedby the /Virginia Native Plant Society.cwww.vnps.org>.Waming:Not aB pants sold at Native Plant Nurseries arenecesadly nave to the region fin which you plan to plant adsome of these nurseries also sell non-native plants In addition tothe native plate.Below are • /additional linksthat can be used forresearthing nativeplane chttpJ/www.vaplantailes.orgh:fittpJ/plants.usdagovijnet>; land rcwwwdcr.virginlagovf natural__heritage/nauveplants.shtml>. 'Plant selection and applFation should be done Ina manor to nsfrimla BASH concerns.If using seed tell be attractive to (wA dlfft if utilizing seed to minimae BASH concerns the seed should be applidutilaing a sit sedtataique.Grass seed doe i 'best when spread In the fall or spring lime frames.There is a native mix of grass available on the market consisting at Virginia 1W1drye(ElymusvIrglnlcusy Pu mletopfedtop lTridens Bows{and Broomsedge Andropogon NrglnJcus.They recommend lb 1 Ilbs/acre of seed and plant'ng spring or eadysummer.The NASO USDA BASH BIologhthas been coordinatedwithregarding I these paeta being acceptable for use on the Installation. (Any vegetation planting lists should be submitted to the Installation Natural Resource Manage for final approvals.(CAUTIONS (EXISTING PLAITS(FOUND ON BASE.PLANTS IDENTIFIED in the I NSTALLATION APPERANCE PLAN.or PUNTS IDENTIFIED In the LOW IMPACT DEVELOPMENT RAN may NOTbe Native Spectes.You must select Nave Species.) S.Invasive species&Nodous weed management/remover/spread avoidanceis required by Navy Polky,E011gg/,EO 13112 /and the Sikes Act via the Integrated Natural Resources Management PIan.Due to the known presenceof non-native Iendue species&noxious weeds in the arm,on base soil/sludge/organic material removed horn any projects on base should be (disposed d appropriately off base.Matedale on base should not be rdocated anywhere on base beyond Its originating location:. :SoiVhay/sandlplents/rn Lich/etc.thought on base for this project should be cerlfad clean tconbminate and nodous weed free).Fqulpment should be clean prior to arriving on base to avoid Introduction of new or spread of edsting non-native Invasive specks to the base/location.After working at this site equipment should also be deemed priortowordng in any other location/sib on or off base. • Notre installation is withinthe quarantine zone for several non-native pest spedes Of these speciesthe mostlikely to occur and'. potentially Impact the project work zone is the imported fire ant.if any quarantined pest species are observed on or adjacent to (the project site contact the CDO so that the on duty NR or Environmental Services personnel can respond to the site to either removethe pets or provide futherguldance. `bin addition to the metingfederal list of Injurious wildlife,starting 2sianuary2014 under the laceyAct itwill be illegal for `Individuals to have in their possession any lite or dead specimen.Including pans.of several speciesof salamanders and newts ((some species confirmed present on the installation)without proper permits If individuals are found guilty ofbringingthe e 'animals onto the installation ortakng them afro(the installation without proper permits,they are subject to the penalties of the law onathe rule takes effect(RegadlessoftJt her bis Illegal to remove natural or cultural resources from the Installation j without proper authordzatlons as It would be considered theft of government ccoperty) b heightens the concern/requirement regarding equipment that is brought onto the installation Equ'ment shouldbedean 'before entering the installation and should be cleaned before that equipment istransponed off of the Irstalation(contiguous land paneled and utilized elsewhere(noncontiguous land parcels)to help minimize or avoid the potential spread of tweeze tspecies and/or injurious Mid life tt also heightens the concern regarding species being kept in'ceptvly on installation Iproperty or being brought back b the installation when military/dvlfans are conducting town of duty elsewhere. 2.EC package submitted for review indicates notees will be removed:however,trees do appear to be looted within the smsement boundary.Trees are not authorized forremovel.it appears the activity may work adjacent tobeesAvithln the drip Tines or root systems of beThe activity must follow the CO's approved integrated Natural Beowoe Management Plan's Tree ' es.Preservation Guidance Document(see attached)vhen wordden around tree dbee death can be h,*edto work associated 'with this easement tree mitigation will berequired. la Installation Is located wkhln the species distribution for both Northern long-eared bat(federal protected)and Rae nee uds Revised lune 2015 KAVPAC MID-ATLANTIC Version:26 Nov 2013 Page 20 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 EXHIBIT "C" Environmental Condition of Property (ECP) Checklist Page of 7 ibigea and bat(nate protected).Euialali on has not been confirmed to have the ESA federally protected NLER species present on dte.The NLEB hu been confirmed to occur east and vast of the Installation.The installation has been confirmed to have the (state Istel protected RBEB species on site.The Installation Is also confirmedto have Little brown bat which Is a specks likely to `haw a proposal submittedta US£WS for ESA listing consideration.Monarch butterks a species that hasbeen petitionedfor listing under the ESA,Is known to occur on the installation within the project work zone. , 19.Feedng.ha rborfng,harassment,collecting,killing,andAn releasing of animals/wildlife(this also lndudes feral animals)and (plants onthelrsallation IsproNbltd wf[houtobtalning authorkd permits Precautions should be taken topmvent negative 'impacts from corning In contact with wildife.This base is known to haw poisonous planb it.poison Wyt venomous snake I(Le,copperhead and cottonmouth).bees/wasps/hornets,ticks mosquitoes and rabid animals Do not approach wldlife,do not by to touch or relocatewildlife.DO NOT MILL wildlife.Contact the base dispatch or®O and they will contadthe Natural Resources Office to come out and take care of the wildlife concern(animals only,not plants). Sincerely, Mike IMkhael Wright Natural Resources Manager(NASO and NSAHR NWA) D00 Partners In flight Rep.(VA) Office 757-433-3461 IrnlchaeLLwdghtanavymll 1 Source ofmfa®atiow rCheddist and GRX 1 Restrictions or Lend Use Controls: No 11 If yes,please identify and eslaioin detail ill Section 2 below. 2.List of Restrictions or Land Use Controls(Hay)repaired for Real Estate Action: ,Section O,Nath nl Resources:See Section Additional Information. I Section It Storm-water drainage basin and open drainage lines are across the streetfrom the parcel Revised lune 2015 NAVWAC MID-ATLANTIC Version:26 Nov 2013 Page 21 of 22 FILE NO: EO-10238 CONTRACT NO: N40085-17-RP-00046 EXHIBIT "C" Environmental Condition of Property (ECP) Checklist Pagel of 7 3.Signature: Based on the records reviews, site inspections, and interviews conducted for the proposed real estate action, the euvwnmsntal coaditious of the property are as stated in this document wd this rropaty is suitable for outwit or transfer withthe inclusion of tbe restrictions or land Use Controls(if any)identified above- ECP boveECP Cbeckbst Preparers r Kenneth Qum,Facility Manner _-- _ [Nov&2016 - Print Name Date PRD Rai/nonmetal: Ct-M96v1A N.IER;YN12293 ,a� _W I -. _ 19563 INAVFAC Installation Environmental Program Director Signature _ 111111 __Title • 'Teny N.Chambeda In Print Name Date Environmental Professional(EBL( V3)): IIMEILPORRT.G.1229337;g''" :r,.. NAypAC Mldlant ERM r — - Signature Tide Robert G Schimrcr Yon 11,2012 Pant Name Date Real Estate Professional: The teal estate professional(s)ahnowledge these restrictions a Land Use Controls(if any)identified above and will ensui they am made apart of the oueg nl document. rr dbrc IV PRULA1o35J5 B)1 '�,(o In-kePeee,Le ear Beal Estate Contracting Officer11 Signature This !Paul Moomaw 122cebroary2017 Print Name Date Property Owner(Activity or Region): The property Owner(Activity or Region)acknowledges and actives the foregoing statement ofenvimnmental conditions and the restrictions or Land Use Controls(if any)fiat will be required fortbis mal estate oolgani.. Signature BtIe Print Name Date Revised June 2015 XAVFAC MID-AITANTIC Version:26 Nov 2013 Page 22 of 22 cu ti CC LL oo C CO Wu W p !- <a 1— CD O o < CO o a, v y =f0 Li, X o 6 O < W N u c 0 0 0 E c < c > d al O- 0- O O ` s. 4- a T R 03 Z z N t J En C nsa cu 111 COI c 77-C12:1 Boa nis SLUDGE RD c3---- ---ga _I LIQ rillirO CI lolli11111111 wommist 11 11111 11111 b3- 1-'0 ''--351 WI :� co 1 011 cc ° z ,D11111 V 15 ' ® 1111 .2o 0os _ r - � t . VAl3—.1101111 ] • -63 TO CI r GATEW�00 AVE -a 1 g d 0 - I 11/41 N Q ri C.-,,-1 G d = a w` L N 0 O �0 O. O E a w SN = W U a jjRtDGj • N OLi ND3N 1V3LID Wil priji V � a�� rc �r O Q J .��� a , ,• .. - -. , .- u_l . •• : '1-,,,,,, I a. • 4 A .-,i „ ,.. , , ._ .,,.. , „.- i-. , -,..a..., Cl) I— +, -41, ,.._- • -,-.;, • ,,Tr,.. , . -• I— z , _.... •„....v.. ‘,.,• -,- t... • . ..,t..,...,:„.• • z LU ,.;.••••.'1*,,,.•';',..,::,t,:.:1-, \ . , . ... . . . . I•.2.--*-1,1„*.,., . ?..7.- t' .'""4t '., • ' l.,,o.t LU .... . , •,”, ( : '•" " A a) u ; .. . ...r , ,..., . . .. . ...:..... • • ,.., ....fi- „, 1 „,... . , -- • ,"^k' , 4,- --- .,,,,,7 Lu 0 " ( .. ci) CL I'Ll CD C\I ( i ge. ,..,,,:ite:!..'€, '.,''-'-... ' - cx '' - "•-•.,, • , . ' 0- < U- c . 0:t U.I 0 i . ?... )-^-1. .,--;...;,..4. .'-...* Iv—. ai ,.9' • 3,. ,.. l'' * 4' -t''' 9".• „week' 4 -'' WIF,:•-• .1.",,,..,-. . [2 (.7 1 .-:t.‘•.„._. ?..,:a? . • -:,,, ma JA.. . .1,,,,:, Z ,#‘1•U Ce (i) : 0 * ." " .. c) 0 .:: '•,4 ...'7,-$.s.,'1 ,l, 4,4--::;;0. .v,;.„.,.-....: ., . ..?1,11%.:-,-;,-- Air . .. i. CI) W < C . C CD Ca LU < . . .,%.- # 0 1-• „ - ,,... 0 ,...— i_ __ c) 6 • ...„,-;:.-,•-• co . ..: • 44‘, ,I., . .. a ' — 0 .,, . • 0 w i.. j ,. 2 2 ........, . . a. '. 11 . Cl) I- - .- -- • - E , .4. '• -.,, ,--, ilit_ • ,. , , c . . ,, Ni ., • ,..,?.: .,,,, ....4,' • ... , -..-4.....-, . , -• .4,4 ''"A"' •.r 0.',;,/ ' , ''''' , , . ' . -V'' - ,.. "' . .e,r .... '.r.,•!':..",:.•,,.: ".3:1,',.;*:1'. '',1 ' • %...::•:',..Z.e• . ', .,.4.: '.0iii(itir: •,. ' .:- : • - ., • , .•. ,..* w- • ,. ,z-, Apr. -11 • ;,•ix 1. .15 ,c'..-, 7,0, ,' " .;:•:,,,. • . < > i f• I,. .• ,,.. ,. '''''': 4., •. i (2C 1, IV A, fAr'...• . 'if' 4.34: 44tv.-Ia't „a„.2- • - • ',:ii, V-- . ' • -4 t.` ' s .. . wy'_„‘._.1., 0 ',. • '.4---;"'-- "i+ i 1.1Z--------v - ) 4- a- - •--.K' t-ir..!`,.. .: ., , - • .., :4- r. -4--.:„ --0-'' . . ' rt .. , it) p• f- _ ''4C.'''' r',•,f,1-,_, #.,„„,:k..,.1.07 ...'.." , - 1 -/+ ,61,Z . - , -• ,,,-„,i-?.. . -.&, ..,,. . _,,,, , ...1„ 107*.,L • Vr". _ -- • --s, ' • ' . * r' ,..---- ',. c„.. . , 0,-.•,,e,t._.'',,,— .r . ,....... 0 ,\ .. . , A-..,,.. , r...7- .. ' s Is - A ,' ,,---•4- -'.-4,' i • • ..41.xyl, '.'''''•:',0-4.,. ., • •- ; • '''•-"'-i'..±•,),. ', ' a) a) ( - ,-- _ ,..,-,": 0) 0) • '-''''•1''O-A, - ,,. 4 - : - ,'A.:" Yr. ,••'. 96 CO L. L. ,- .4 . 0 0 '.•'4.,/. ',F.' . ' rd i7) N ..3'..,:,..01` ...... '''...i.''''.:1,. •:.„.., ... -'' it,',.....,- C.., { , 9%) CO c• ''ty • .— . 1.. 5... 4 ,V,.-.y ot,,, , - !, • .-11.7 , • , •-:,,, • , ... ...t. • a) a) u) l'a 174' co (N ci . , , -J-.4).4).c - - -,: -.i.••...is''... E) ” 1 cI'i..„,i,--r,i,-:-‘4-t•.,.,,,'r,.'4rA'tt.'.,',!,....k..,:..-;, -.-A,*;4't:•,.''t•-.-'l-:;"e"r-.''--i''..-,e-_•-..,.,.:..4-'1f.41,-r*).,.-:l-''-,'•',,_:4",ti.--.k.,$.,,..-.-'-.„A-,--;4:i,..i 44„i'•:'f•„`)S.,'F'i,'4-. `q0-'4t47,-4;ti--,..:...';-,.-`;4'k.4'49..,'0'..'R4,••'t-.ic.fj4.„s--.-,.,,, .. 0 ac) ac aC oa1tcCa:o.;:: c '- LLJ LLJ to c tssi!'",,-,..!'1,:..:it,'.,..s..,._ ' -?; ••.::..., -...: ;.,•1&& 21 ' i4:; ' ” 0 a- a- a- a) - cr; Tr' Ni4' WI,"..''t.t",-.9 '.,,' 2-,9,"7:',Ii:•,r"''' . , a) N o o c'.) '•E r:-.4,...-_-•-rfrg:>,„„ ' if'r ''',:- . . '`,.I. ,'-.i'iliii k CI %.• 4 ‘4 0 ..... ••.. .t. CD C 0 GI.19'.. -.4:.-•,:•_- 1:lir,: -. —. - - • •...tol.7, 40,/,:, . co c c C 0- I•L •1,,''''V..• ' ,:',.,r, ,/,‘,.',... • -... : '.. , ..., •,.4 -_,.-„-• - E 5 E E 0-. , nt, . •-•: ',A.,,.., , % -vo. . .-t- .,-,':,.....,,,,w . u.. ,sr• .1,rA . ,,,, -, -... • „., _,,. -.4r ,4,.. .. , ch Z a) a) a) co to co >• 3 C h LLI Ill ILI C.)' Sark. -' ` ' ,'' • '-f;,'.. " .- -,- :.. -, ' -- .. ---, D flflfl > F., 4•• -i" - ••4. r-..i, .1,-.,-.. .,f,r r ,,•••••• _ - - r-,. " ;1;1, a) _c 2 . • -c k:'' '' •'-'‘..',i;:::'''•"-.....• ..-L.'..,-.71e,-,t-,-,47:z..,..._, .,$) G7 valp ,lorro';',..' , \kr, •,-.--;- ". ' ' ' ' r-•°''1'3"--;> , -• --1°) .,••• ;IL; le•-•.,,,.,,K, ...-.: -t • „- - -.. .,. . . -.-!•-,..,..e.44.006- 0_ F z V F— Z 1 Z W 3 , W E , 25Z a) 4 EpWC7 0 W — W QC l. 0 < o ° 7+ 0.• 0 - W O 2 W I� u d p. C7mI- O > I- ? o U a CS0 W Z . - E C -/+ .1.0Z o CD CO 0 1.11 G -/+ .14Z + �n- o inin -/+ .61Z o b F- -/+ ,6£Z r' d C C) as as a LL o. o U) in r .73 To CD d a C C CC RI d_ a) L C -a a) "a 'a a 0 LL to La CO ' m r.. w+ v OG�ANpg�VD MC C C C O 1.0d C) N Al ai a 2- `� 5 5 t • m = a)>' 2 c W W N c 2 O L a) Ir, g sZ .O w w E c O0 w w .+ C) c er L N C C C a. LI- CD LL C) a) C) O Z ai) aw)a )aa 0 LL s N u a fp I C W W W U a 0 0 0 0 r1 LONDON BRIDGE DN as>103N 1N380 -c Q a 1' Z .c --I C i. la CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for right-of-way for the Shipps Corner Road Improvements Project (CIP No. 2-414 PWCN-15-0047) and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: April 4, 2017 • Background: This project is for construction of improvements to Shipps Corner Road from Skylark Drive to London Bridge Road. The project will include traffic safety improvements, drainage improvements, pedestrian improvements, bike accommodations and a new left-turn lane from Shipps Corner Road into Cardinal Estates at Old Clubhouse Road. The design phase and plats are complete. Right-of-way and easements are required from 5 privately owned parcels. The project will also affect 2 City-owned parcels. There will be no total acquisitions. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. Acquisition will be administered by the City of Virginia Beach, through the Public Works Office of Real Estate, and if condemnation is necessary, through the City Attorney's Office. • Considerations: The project was requested after several accidents occurred on Shipps Corner Road, one of which resulted in fatalities. • Public Information: Advertisement for a public hearing and advertisement of the City Council Agenda. • Alternatives: Deny the Ordinance and risk delaying or not completing the Project. • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Dep. Rli ency: Public Works/Real Estate ��1� City Manager Or" 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR SHIPPS CORNER 4 ROAD IMPROVEMENTS PROJECT (CIP NO. 5 2-414 PW CN-15-0047)AN D THE ACQUISITION 6 OF TEMPORARY AND PERMANENT 7 EASEMENTS, EITHER BY AGREEMENT OR 8 CONDEMNATION 9 10 11 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists for the construction of this important roadway project to improve 13 transportation and safety within the City and for other related public purposes for the 14 preservation of the safety, health, peace, good order, comfort, convenience, and for the is welfare of the people in the City of Virginia Beach. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 Section 1. That the City Council authorizes the acquisition by purchase or 21 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 22 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 23 fee simple and temporary and permanent easements (the "Property"), as shown on the 24 plans entitled "SHIPPS CORNER ROAD IMPROVEMENTS CIP NO. 2-414 PWCN-15- 25 0047"(the"Project")and more specifically described on the acquisition plats for the Project 26 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 27 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 28 29 Section 2. That the City Manager is hereby authorized to make or cause to be 30 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 31 reasonable offer to the owners or persons having an interest in said Property. If refused, 32 the City Attorney is hereby authorized to initiate, prosecute and settle or resolve 33 proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2017. CA13874 R-1 PREPARED: 3/21/17 \\vbgov.corn\dfsl\applications\citylawprod\cycom32\wpclocs\010\p026\00355974.doc APPROVED AS TO CONTENT • 1 Z PUBLIC WORKS/REAL ESTATE 3121flU APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY TTO NE Q -i) N Z �� . < 1 LL O a U ,, CL L T 7 ; ILLI , F ____, _____, F_ ,, zEOO�OO aUW 0e1=3_ JQ128NOQN/ o cu o LTI o .4.'tt• o #•4♦♦ ,s ,, :::,..2.- .4,,,s, „v. , •. , . #. / ir ,. , - ..A.L.04, 4 A '' ',U% Of let ►; k 4 \ , ,N \ .-\---..\ $ ,.401 ..„,_ ...:?..0101, \ .,..„..T. 1\--a, o7, 7, \ ____, , \\, ,,wpii * ,-.r. vf \-2, ,;,,,, 0 * jP., �AFL `> 1: , ,oR od To N .3.a .., .iBLv ^`,' � �` SLP \\ , ;- -� � a) ,0„,,,,:• .,„ ,,, , , a .,(-0 r 0..rit4 oi) 111‘11 101:`"Ow -c- No�( n/ (n 0 rs 0 w titL kt. v w MO /OW Lit * -7 6yyy cV d 1) T 13 92 1111 itigibgAlqllk\IIIIIIIIIkt d Aiii A v N Ei 170 t,i [ I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,800,000 to the Risk Management Internal Service Fund to Support Current Liabilities MEETING DATE: April 4, 2017 • Background: The City of Virginia Beach's Risk Management Internal Service Fund accounts for automobile, general liability and worker compensation insurance premiums and self-insurance claims and related costs. In effect, the Risk Management Division is the City's insurance agent. Actuarial projections are prepared each year based on actual claims in progress. The Actuarial Liability for June 30, 2016 is $31.1 million, with a cash balance of $9.72 million. In other words, the Risk Management Fund has a deficit position. Staff recommends that Virginia Beach maintain a cash positon of 50-70% of its actuarial liability to continue to be fiscally responsible as a Triple-A rated city. Currently, the Risk Management Fund is at 31.25%. The Finance Department will continue to identify funding approaches that will gradually increase the funded ratio. • Considerations: The fund balance of the General Fund at June 30, 2016 includes a reservation of $1.8 million for the Risk Management Fund. City Council is requested to appropriate this amount to the Risk Management Fund. If this funding request is approved, the Risk Management Fund's funded status will be 37.03% of its actuarial liability. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval / Submitting De. . t/Age y: Finance/Risk Management L City Manager: 1 AN ORDINANCE TO APPROPRIATE $1,800,000 TO 2 THE RISK MANAGEMENT INTERNAL SERVICE 3 FUND TO SUPPORT CURRENT LIABILITIES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $1,800,000 is hereby appropriated from the fund balance of the General 9 Fund, with revenue from fund reserves increased accordingly, to the Risk Management 10 Internal Service Fund to support current liabilities. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley - .rmeyer Budget and Management Services City Attorney's Office CA139772 R-1 March 24, 2017 ,Tim '[ 4iFic4,. t: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation for Road Maintenance MEETING DATE: April 4, 2017 • Background: The City receives funding form the Virginia Department of Transportation (VDOT) annually for the maintenance of roads based on a distribution formula and allows distribution of overweight permit fee revenue based upon eligible lane miles. The City's share of this supplemental payment for overweight permit fee revenue is $23,121, to be distributed quarterly. Revised VDOT reimbursement rates for FY2016-17 also increased the mileage payments for local and collector streets resulting in an additional $1,927,955 for the City of Virginia Beach. The total increase in VDOT revenue for FY 2016-17 is $1,951,076. • Considerations: The additional $1,951,076 can only be used for roadway work eligible for VDOT urban maintenance payments. Appropriating these funds into Public Work's operating budget will allow for the resurfacing of an additional 20 arterial roadway lane miles and other road maintenance activities. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Dep�r• - • Agency: Public Works 1 ftib City Manager: _1 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FUNDING FROM THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION FOR 4 ROAD MAINTENANCE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $1,951,076 is hereby accepted and appropriated, with revenue from the 10 State increased accordingly, for Virginia Department of Transportation funded 11 maintenance of roadways. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: () �V v Dana# ��� David Bradley rmeyer Budget and Management Services City Attorney's Office CA13970 R-1 March 21, 2017 [ #€%. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Office of the Attorney General and to Appropriate Fund Balance of the Seized Asset Special Revenue Fund to the Police Department for Human Trafficking Enforcement and Training MEETING DATE: April 4, 2017 • Background: The Office of the Attorney General (OAG) of the Commonwealth of Virginia periodically awards funding from the U.S. Department of Justice (DOJ) for law enforcement priorities. The DOJ's Office of Justice Programs' Bureau of Justice Assistance awarded the OAG funding from the P12016 Enhanced Collaborative Model to Combat Human Trafficking Competitive Solicitation. The City's Police Department is an approved sub-recipient for $57,000. A match of $11,250 is required and can be funded from the VBPD's Seized Asset Special Revenue Fund. This grant will fund overtime for working human trafficking cases and training that will assist in working these types of cases. The grant period is from October 1, 2016 through September 30, 2019. • Considerations: The grant provides $57,000 of DOJ funding and requires an $11,250 match, which will be funded through the Seized Assets Special Revenue Fund. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting D- • . Agency: Police Department v� _ City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA OFFICE OF THE ATTORNEY 3 GENERAL AND TO APPROPRIATE FUND BALANCE OF 4 THE SEIZED ASSET SPECIAL REVENUE FUND TO THE 5 POLICE DEPARTMENT FOR HUMAN TRAFFICKING 6 ENFORCEMENT AND TRAINING 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1) $57,000 is hereby accepted from the U.S. Department of Justice via the Virginia 12 Office of the Attorney General and appropriated, with revenue increased 13 accordingly, to the Police Department for human trafficking enforcement and 14 training; and 15 16 2) $11,250 is hereby appropriated from the fund balance of the Federal and State 17 Seized Asset Fund,with specific fund reserve revenue increased accordingly,to 18 the Police Department to supply a required local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Harmeyer Budget and Management Services City Attorney's Office CA13971 R-1 March 22, 2017 [ Oil:Pr, M.Ipi cam= CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $150,000 within the Operating Budget of the Department of Public Libraries to Purchase a Point-of-Sale System, a Public Computer Time system, and Print Management Software and Equipment MEETING DATE: April 4, 2017 • Background: In 2012, the City Auditor advised the Department of Public Libraries to substantially reduce risks associated with accepting in-person cash and credit payments for customer's library accounts. Currently, there is no automated system to track the transaction between the register, credit card machine, and the main library system where the billing record is stored. The current system has the potential for errors and mishandling of cash payments. A point-of-sale system designed for Library financial transactions is essential in mitigating these risks. Additionally, the Department needs to replace failing equipment and outdated software that manages customer reservations and time on 188 public computers and payments for public printing services. The new system will provide enhanced functionality such as faxing, scanning, wireless printing, and a point-of-sale system that is integrated with the Library's main system for bill payment. The project includes software and all hardware components (coin/bill/credit card payment devices, etc.). The additional services of faxing, scanning, and wireless printing are highly desirable by customers and should increase revenue. • Considerations: The first year cost for this project is estimated at $150,000. The Department of Public Libraries has sufficient funds in its Book and Subscription account to cover these costs. In subsequent years, the Department intends to absorb the annual subscription costs of$26,246 within its budget. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachment: Ordinance; Recommended Action: Approval /' Submitting Dep. • e Agency: Library Department City Manager: i —� 1 AN ORDINANCE TO TRANSFER $150,000 WITHIN 2 THE OPERATING BUDGET OF THE DEPARTMENT 3 OF PUBLIC LIBRARIES TO PURCHASE A POINT- 4 OF-SALE SYSTEM, A PUBLIC COMPUTER TIME 5 SYSTEM, AND PRINT MANAGEMENT SOFTWARE 6 AND EQUIPMENT 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $150,000 is hereby transferred within the FY 2017 Operating Budget of the 12 Department of Public Libraries to purchase a point-of-sale system, a public computer 13 time system, and print management software and equipment. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t A David Bradley Dana- rmeyer Budget and Management Services City Attorney's Office CA13966 R-1 March 16, 2017 J. PLANNING 1. BRYANT WINDBORNE for a Variance to § 4.4 (b) of the Subdivision Regulations re a single family home at 2832 West Gibbs Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. OANH DANG and HOLLAND SOUTH INVESTMENTS, LLC for Modification of Conditions re business and vocational school at 3420 Holland Road (Approved March 3,2015) DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 3. BELIN MUTUAL FINANCE, LLC. for a Conditional Change of Zoning from AG-2 Agricultural to Conditional I-1 Light Industrial and Conditional Use Permits re auto repair and bulk storage at 3156 Holland Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 4. ELLEN ABNEY and DARRELL and ELLEN ABNEY for a Conditional Use Permit re home- based Wildlife Rehabilitation at 428 Becton Place DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 5. CITY ZONING ORDINANCES (CZO)to AMEND: a. § 905 re sign regulations in the B-4K Kempsville Area Mixed Use District b. § 1110 re home-based Wildlife Rehabilitation as a Conditional Use in the PD-H1 Planned Unit Development District c. The 2016 Comprehensive Plan Policy Document re Seapines Station `o41 rf NO110E OF PUEl1C HEARING The regular meeting of the Crty Council of the Qty N Vilgna Beach will be held in the Council Chamber of the City Hall Budding Municipal Center. Virginia Beach, Virginia, on Tuesday,April 4.2017 at 6:W p.m_ at which time the /wowing applkabons will be heard: DISTRICT 3-ROSE MALL OONH PANG/HOLLANDSWM INVESTMENTS.LLC 611816EgBBC nf C2Manna 3420 Holland Road (GPIN 1465829088) DISTRICT 3-ROSE HALL BEUN MUTUAL FINANCE,LLC Q01101921191112111116(AG-2 Agricultural to Conditional 1.1 Light Industrial) Cwtlllmm L• P¢rmn (Automobile Repair Garage & Bulk Storage)3156 Holland Road (GPIN 1495166099) DISTRICT 7-NBNC65INNE BRYANT WINBORNE 9umlwlnn Vn nrvn(Section 4.4(b) of the Subdivision Regulations) 2832 West Gibbs Road (GPIN 1397252581) DISTRICT 5-L114NFUVEN Ellen Abney/Darrell and Wien Abney f,N1i#,n pg Iiw PCIM6(Home-Based WXOIHe Rehabilitation Facility) 428 Becton Pam(GPIN 1487867611) OW OF VIRGINIA BM% - M Ordinance to Amend Section 905 of the City Zoning Ordinance pertaining to the Sign Regulations in the 841( Kempsrflle Area Mixed Use District. an DF V1RGINLA BEACH - M Ordinance to Amend Section 1110 of the City Zoning Ordinance Pertaining to Home-Based Wildlife Rehabilitation Facilities as a Conditional Use in the P0-H1 Planned Unit Developirnent District OW OF VIRGINS*BELCH- M Ordinance to Amend the 2016 Comprehensive Plan Policy Document to Reference and Identify Seapines Station and to Amend the Reference Handbook to Add the Voluntary Design Guidelines ror Seep/yes Station in Reference to Design Components All interested parties are invited O attend. Ruth Ho] MMC C Clerk Copies of the proposed Ordinances. resolutions and amendments are on file and may be examined in the Department of Planning or online at F U_Lynn,t..‘,.,1.(5.a. For information call 385.8621. If you are "Worn disabled o visually Impaired and need assistance at this meeting please call the OW CLERKS OFFICE et 385- 4303. BE/CON:MARCH 19 626.2017- ITIMEE01. 7.• Iii1\ . B CNI I 0 . .. , • 'CC . . ., . . . 1 1 ILC11 rill ill:ili'-12 • 1 i 11 1 1 1 1-AL al 1. 1 L-; 1 14 • . 0 NI ICZ (D 1 I Cl Tr ,—, 1 0 0:c 6 • 0 , CZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRYANT WINBORNE [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 2832 West Gibbs Road (GPIN 1397252581) COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: April 4, 2017 • Background: In December 1970, a deed was recorded that subdivided this 3.24-acre parcel from a larger, 53.25-acre site. The rules at that time required that a plat be recorded when agricultural land was subdivided into parcels under five acres. While the 3.24-acre site met all of the dimensional requirements for sites within the agricultural zoning district at that time, no plat was ever recorded for this parcel. Despite never being recorded by plat, the site is currently developed with a single- family home. The applicant intends to demolish the existing dwelling and construct a new home. When a single-family site plan was submitted for review to the Planning Department, Staff discovered that a plat had never recorded. As the property is zoned AG-1 and AG-2 Agricultural District, it requires a minimum lot area of one acre and a minimum lot width of 150 feet. The site conforms to the minimum lot area requirement, but is deficient in lot width by 4.4 feet as it has a lot width of 145.6 feet, thus requiring a Subdivision Variance. • Considerations: The approval of this Subdivision Variance will allow the applicant to redevelop the property with a single-family dwelling, which is consistent with the use that has existed on this site for almost 50 years. As there is no opportunity for the applicant to obtain additional lot width from adjacent properties that are also already developed. Staff finds the applicant's claim of a hardship compelling and does not anticipate any adverse impacts on the adjacent properties or to the rural character of this portion of Virginia Beach. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Bryant Winborne Page 2 of 2 1. The site shall be substantially as shown on the submitted survey entitled "SUBDIVISION OF PROPERTY Parcel B-3 James A. Fleming's Farm,"dated January 18, 2017 and prepared by Bonifant Land Surveys, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the property is redeveloped, the residential dwelling constructed shall be in substantial conformance to the architectural features, and appearance depicted on the submitted elevations entitled "Residence for: TAB & LEIGH WINBORNE at 2832 WEST GIBBS ROAD, VIRGINIA BEACH, VA 23457," prepared by Victoria Gail Designs and dated April 25, 2016. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Prior to the construction of any new dwellings on the site, Health Department approval of the proposed water and/or septic system shall be required. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep, . m: - . _gency: Planning Department) ,. •• � - City Manager: ►•tom Applicant & Property Owner Bryant Winbornev•.3 Agenda Item Public Hearing March 8, 2017 City Council Election District Princess Anne6 Virginia Beach Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) Indian freer Read Staff Recommendation . ii)ior Approval a idk- Staff Planner f` Jimmy McNamara r ! t _. Location 2832 West Gibbs Road E GPIN moms p 1397252581 i ' Site Size 3.23 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-1 and AG-2 .+ »�a.w " Agricultural �* I 11!! Surrounding Land Uses and Zoning Districts ''ti*+ �± . t North x .v.,"' Single-family dwelling/AG-1 & AG 2ti.r. .,.' ` ; 1 - t'trj lilt.,-.1%,_,—, Agricultural 1' South �, 2; ` ' ,i•-•,•'t ,;r1. 1 Single-family dwelling/AG-1 &AG-2 ,4�+ , a; 4" ==' 4z Agricultural x 4.40 `;;vf;, �-� '.� '" .� a � � 4 East -,'" ,,-1,1 `: 4; West Gibbs Road `\ 4. ` •�" ~,.,: t. Cultivated field/AG-2 Agricultural t.F **- .At t; 1� `?,''. �" at" s' West Wooded lot/AG-1 Agricultural (Agricultural '" '.~ 1r cr- Reserve Program) Bryant Wind borne Agenda Item 6 Page 1 Background and Summary of Proposal • The subject site was once part of a 53.25 acre parcel that was created by deed in September 1919 (Deed Book 678, Page 117). 41IM • In December 1970, a deed was recorded (Deed Book 1187, Page 128) that subdivided 3.24 acres (Parcel B-3) from the original 53.25 acre parcel. The parcel met the dimensional requirements for the agricultural zoning district at that time; however, agricultural land subdivided into parcels under five acres required a plat to be recorded in order to be legally established. No plat was ever recorded for this parcel. • • Despite never being recorded by plat, Parcel B-3 is currently developed with a single-family home. The applicant intends to demolish the existing dwelling and construct a new home. When a single-family site plan was submitted for review to the Planning Department, Staff discovered that a plat had never recorded and that the property is deficient in the required 150 feet of lot width along West Gibbs Road. Bryant Windborne Agenda Item 6 Page 2 • As the property is zoned AG-1 and AG-2 Agricultural District, it requires a minimum lot area of one acre and a minimum lot width of 150 feet. The site conforms to the minimum lot area requirement, but is deficient in lot width by 4.4 feet as it has a lot width of 145.6 feet, thus requiring a Subdivision Variance. i , Parcel B. Z I Lot Width(feet) 150 145.60* Lot Area(acres) 1 3.23 *Subdivision Variance to Lot Width Required AG-12' r AG-1 AG-2 " G 1,.A ? Zoning History AG-2 # Request M 1 SVR Approved 07/06/2004 AG-1' AG-r Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Bryant Windborne Agenda Item 6 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Rural Area." Guiding principles have been established in the Comprehensive Plan to preserve the rural character of the area through planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. The Plan's principles include preserving and promoting a vibrant agricultural economy, reinforcing rural heritage and way of life, sustaining natural resources for future generations and managing rural area development and design. (pp. 1- 127—1-128) Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic West Gibbs Road No Data Available 7,400 ADT (LOS°"C") Existing Land Use 2-10 ADT 12,000 ADT'(LOS°"D") Proposed Land Use 3- 10 ADT 'Average Daily Trips 2 as defined by one single- Sas defined by one single-family 4 LOS=Level of Service family dwelling dwelling Public Utility Impacts Water City water is not available to this site. A Health Department approved well can provide service. Sewer City sanitary sewer is not available. A Health Department approved private septic system can provide service. 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. Bryant Windborne Agenda Item 6 Page 4 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. When this property was subdivided by deed in 1970, it was subject to the Virginia Beach Subdivision Ordinance that was adopted in June of 1970. At that time, only agriculturally zoned land of more than five acres was permitted to be subdivided by deed. As such, this subdivision is not recognized as a legally recorded parcel. A Subdivision Variance to lot width was granted in July 2004 for two parcels to the south of the subject site in order to rectify an identical situation. The granting of this Subdivision Variance will allow the applicant to redevelop the property that has existed as a single- family parcel for many years. As there is no opportunity for the applicant to obtain additional lot width for this already developed site, Staff finds the applicant's claim of a hardship compelling and does not anticipate any adverse impacts on the adjacent property or to the rural character of the area. Staff recommends approval, including a condition that if and when the property is redeveloped, the dwelling be designed so as to be consistent with the Rural Area Design Guidelines for residential structures. Recommended Conditions 1. The site shall be substantially as shown on the submitted survey entitled "SUBDIVISION OF PROPERTY Parcel B- 3 James A. Fleming's Farm," dated January 18, 2017 and prepared by Bonifant Land Surveys, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the property is redeveloped, the residential dwelling constructed shall be in substantial conformance to the architectural features, and appearance depicted on the submitted elevations entitled "Residence for:TAB & LEIGH WINBORNE at 2832 WEST GIBBS ROAD, VIRGINIA BEACH, VA 23457," prepared by VictoriaGail Designs and dated April 25, 2016. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Prior to the construction of any new dwellings on the site, Health Department approval of the proposed water and/or septic system shall be required. 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. Bryant Windborne Agenda Item 6 Page 5 Proposed Site Layout John P. Lancaster DB.4207 P.868 1397-15-6051 N 05`36'42" E 159.16' 'P.n( Parcel B-3 140,621 11 3 278 Ac A 1f Wadsworth Prop. 1.Damelio 60 P. 11 102250029780 Wooded i-3317 drer, w rn c rn 0 14'; 10 m 1v rn in t v Parcel E Plat of F Ted S. DB.36: MB.99 1397-2: Ecst"p&Reset •2632 v"m 145.60' S 01'55'00" W.1 "m WEST GIBBS RD. (30'R/W) Bryant Windborne Agenda Item 6 Page 6 Proposed Site Layout ,o. —lzg y..--. 9lOZ 11 146JAdo3 'elti ..Ate' " '" il1111 lia. I ..,.. ., , 1 1. ii/ lir' i . . .I I 1E2. ...i , � If 'moi_ 1 'P—"— 'I 1 _1 1-`i I , . ---m_illif ,inimani11 . 7-: 1. 111.1 1 , f ; _ - 1- - 1 g • IIIIIII� ;___ �i L ' -- 1 ;I . L. •Ea LI E 1 a , • M' LF li._____1.01 I; __I_0 _..._o • i ` "'i9'j i ' it.., . t_._....._ .. —I zim. , • . es IN I ®via `>• .o- EU :,\IM. 1-4 f: e 1 ® �;� Ill, i ,,---.m : _ : . A, 1i-1'',: > _ -- - w CM _, • 0 PI — I IT--:1 1=---' 1 X ! "'Ef H _ .r II,. < > . , F . 17=1 X : M i -41 I. w _L,i [ b W © Ell Z �� � ,_.H ,:= .. .._ . i.1 I \ ` o1 / ' 1' � i. �.. 1 — �. A... -;'.. a. Bryant Windborne Agenda Item 6 Page 7 Site Photos , . . ,.... 017•maw 17r _ A .. 1 ----.....4 4 *444 7 '1, .' ,I i ":". • • ---- -- --'.%-::7 441r:Allyrr •.,„, . - ---i•h. -", .+ , i vat — ... • - , . ,- --e•ft.-N...,.. '. 'P.:"' .. el" -1.1` • . --,....s4fal., , ,,1 •_..,64 ——•- - Ir -$ . .. -.....,:.-44is i ..c., clir---- . Bryant Windborne Agenda Item 6 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Bryant wnbome DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE ► wRcnv USE ONIY / li lo��-- I .,en v,n' r- �, me :r Page I of 7 Fla C .r. .us on arc Lily sneas rig ilia par sr: pmauonp) AMYL ICANT NOTIFIED OF HEARING D4 C /" i RINO CHANCES AS OF 0CF ;/ 21 /17 lyrrJimmy McNamara LCJ REVISIONS SUBMIT.T ED DATE Vd Bryant Windborne Agenda Item 6 Page 9 Disclosure Statement lB 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 he Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronertv owner is different from Annlirjff. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. piCheck here if the PROPERTY OWNER ISa 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 Bryant Windborne Agenda Item 6 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors. members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary h 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 poser 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, Iii)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 Govemnent 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 Bryant Windborne Agenda Item 6 Page 11 Disclosure Statement Qf APPLICANT v YES NO SERVICE PROVIDER(use additional sheets it needed) ❑ ® Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ N Land Planner _ Contract Purchaser(if other than Elthe Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed • ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ 0 Construction Contractors ® ❑ Engineers/Surveyors/Agents Bonifant Land Surveys Financing (include current Xendh Bankf4 a Bank of Hampton mortgage holders and lenders Roads �� ❑ selected or being considered to provide financing for acquisition or construction of the property) ® ❑ Legal Services R. Edward Bourdon,Jr.,Esquire I--I Real Estate Brokers / I I ® 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 ❑ to 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 Bryant Windborne Agenda Item 6 Page 12 Disclosure Statement lB 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. AP S SIGNATURE �.T W ,N nY� . I I I fl PRINT NAME DATE tJ.T tA11fi`M1tt Page 5 of 7 Bryant Windborne Agenda Item 6 Page 13 Item#6 Bryant Winborne Subdivision Variance 2832 West Gibbs Road District 7 Princess Anne March 8, 2017 CONSENT An application of Bryant Winborne for a Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)on property located a t 2832 West Gibbs Road, District 7, Princess Anne. GPIN: 1397-25- 2581-0000. CONDITIONS 1. The site shall be substantially as shown on the submitted survey entitled "SUBDIVISION OF PROPERTY Parcel B-3 James A. Fleming's Farm,"dated January 18,2017 and prepared by Bonifant Land Surveys, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the property is redeveloped,the residential dwelling constructed shall be in substantial conformance to the architectural features, and appearance depicted on the submitted elevations entitled "Residence for:TAB& LEIGH WINBORNE at 2832 WEST GIBBS ROAD,VIRGINIA BEACH,VA 23457," prepared by Victoria Gail Designs and dated April 25,2016. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Prior to the construction of any new dwellings on the site, Health Department approval of the proposed water and/or septic system shall be required. A motion was made by Commissioner Oliver and seconded by commissioner Ripley to approve item 6. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Item#6 Bryant Winborne Page 2 By a vote of 9-0,the Commission approved item 6 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ......--- ---•-•-•„ --- ---------,,,,.,...----.- 7-•-•••••, --. . Ir --- ,„ --. -,-...„ „._ .• _ • cci ..- - ...„ --„, •••..,.._ 1 __ .,... •„„ ----, . -._ ,:-- .• \co • .... \ . . , . .. , „.,:\.„.„: . . • . . . . , , , . . . ., . „„ , „ .. , . . . . • s\N\•.„ ',:••:....\\• -...„ ....._ -, -.... --- , . ..-,„, -\\•,\ \ ----_,,.._ --- \-.....\•„..\ -.. , -, •,. \ ' 01 \\„\\\:\ „. . . • \\ _\\ • --- -,.. -,, i - -.... -.„ ...•.. , 1 ---„, , . ••-, • \\,,,:',,,,\\\\„\\\\ , „ • ..,. ,---, • .----„,,..... \\\\ .... \ '''''' \ . . , . •. . \ . , ../ _ - _i • __ - - L . ' .. . . ,• '--,- :, - ,.. _. • / ..."----,„ ,_•,.. - . 4' \ ..,, . .-A • . . . - - . . , 1:4:1ci..•.01104 .44:41.11,16./ . . . . •. . , . ‘...- 7 ,-: ... ... ....-- ....... .... _. ....-. ,...... ...e. ....-. , . owe . • _ • ., ..•-- _ . .• L.11 .,- '....•••.,7-p,p)'' .. . - s ' .17,0-\01i . ...,_,...._ __________t„.„-.---i,,,,y2Q___._ ...: ... , ..\\ \\•,,,,:,_\...-,..,..,..s,..,-, .....----^011,. ,,,..= -.".. ' • .... •••'- \ - go •,:- \ 16fe.' \\ _ \ ' T.I., . • - ,./. - 1.Z.,• .,..., -..---y---- ..--- .-- .. ..-- ,,- ,- •_, \ \\,, 4. . f -.I. .. . ... ....- ,. .,„.\\. itif . . ,... ... ,-. z N \ \ \\:\.'..•'s _____ .7,..------ ,....-- . \ ••:. ' N.. .....;, . , • __ ....- \.\\-\\...„...„. ,,..„„ ....-_-- , • . ,....„.„. ....„ .. , .. ,.. __. „.... ..„ . ... , . r----, -----_. =---,,, \ \\ .s ,,- .. \ \ ... , . . , - • , ., ... . . ... .. .. .. \\ \\ , „ ..., , . .. f----, \ . ..._,. • -. • \ , A I\ 0 o ____. • 1,- \ .• NI ,...i ., . . . - , a- II _......, / ..... r .. . .... .._..... . J :' -• -\ . .-- ...--- . . --__ _ . -._ __ . . .- ...--- _ . N s -, . . , - y, i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OANH DANG [Applicant] HOLLAND SOUTH INVESTMENTS, LLC [Property Owner] Modification of Conditions (Business & Vocational School) 3420 Holland Road (GPIN 1486823088) COUNCIL DISTRICT— ROSE HALL MEETING DATE: April 4, 2017 • Background: In accordance with the existing 2015 Conditional Use Permit for a Business and Vocational School, the applicant operates a beauty school within two units in this shopping center. This modification is a request to expand the school to two additional units within the same shopping center. • Considerations: This beauty school is not anticipated to have any negative impacts on other commercial tenants in the building or on adjacent properties. The hours of operation and limited class size will eliminate any potential parking conflicts with the other tenants in the building and, in Staffs view, the request to expand the vocational school is consistent with the land use policies for the Suburban Area of Comprehensive Plan. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. All conditions attached to the Conditional Use Permit granted by the City Council on March 3, 2015 shall be deleted and replaced with the condition below. 2. A Certificate of Occupancy shall be obtained prior to the operation of the Business and Vocational School on this site. Oanh Dang Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 1111 Submitting Departm . - •cy: PlanningDepartmentlWil i �eL City Manager: , ` 7 ' Applicant Oanh Dangv3 Agenda Item Property owner Holland South Investments, LLC Public Hearing March 8, 2017 City Council Election District Rose Hall Virginia Beach Request %a \ '� � °°�,„, Modification of Conditions (Business & ...1. il s Vocational School) s. Nhawry p°.0 Staff Recommendation o N�ra�° 3 70775 dB 016LApproval at'et a £. 0. ad e 3 Staff Planner 6570 dB DNL S°," ?tee °S.-* Q C Jonathan Sanders ° G �ioAPZ2 0 * 4 Location 64 aa, 3420 Holland Road i• IC GPIN °" s d 0v da, � 0.*(''' °,aSew '<''1486823088 � Site Size 1.36 Acres AICUZ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning 'MKDistrict , _, \ ? .*: Mixed Retail/ B-1A Limited Community `� Business r-' -.% Surrounding Land Uses and Zoning Districts . ` �,�' fk North � / _ , \ -ty /-\ \110. Stoneshore Road `4 '�� `� y✓ Religious use/A-12 Apartment South - r, Health clinic/0-2 Office \ ' / Easttlf, s Office/0-2 Office '` /~ West --t_ , . , i Holland Road ° Auto sales/ B-2 Community Business v z a _. . Oanh Dang Agenda Item 1 Page 1 Background and Summary of Proposal • A Conditional Use Permit for the applicant's existing beauty school was approved by City Council in March 2015 for units 101 and 102 within the shopping center. • Due to the success of the beauty school,the applicant is proposing to expand into additional space to include units 112 and 113; therefore, the applicant requests a modification of the conditions of the Conditional Use Permit for a Business and Vocational School. • It is anticipated that the expanded space will accommodate up to 20 students and up to four employees. • The proposed hours of operation are 9:00 a.m.—9:00 p.m., Monday through Friday, and 9:00 a.m.—5:00 p.m., Saturday. 76-75 de ONL 312 Zoning History • PD-H1 A 12 # Request 1 CUP(Business&Vocational School)Approved , / 03/03/2015 ,0a4 CUP(Child Care Center)Approved 02/08/2005 sroaeox /�/ CUP(Religious Use)Approved 11/23/2004 V 4 o � 0-2 CUP(Religious Use)Approved 11/27/2001 g CUP(Religious Use)Approved 10/10/2000 d � , 2 CUP(Religious Use)Approved 11/22/1994 o� / B-2 \, 0 2 CUP(Religious Use)Approved 07/14/2009 6-2 3 CUP(Religious Use)Approved 04/08/1992 A'12 ' 4 MOD(Auto Repairs&Service)Approved 02/28/1995 PD;H1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Oanh Dang Agenda Item 1 Page 2 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 22,800 ADT"(LOS°"D") Holland Road 28,376 ADT" 27,400 ADT'(Los°"E") Existing Land Use 2- 115 ADT 6,200 ADT (LOS°"C") Proposed Land Use 3- 25 ADT Stoneshore Road Data not available 11,100 ADT"(LOS°"E") 'Average Daily Trips 2 as defined by 2,700 square 3as defined by a vocational school with °LOS=Level of Service feet of a shopping center 20 students Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP proposes a six-lane facility within a 165-foot right-of-way. There are currently no roadway CIP projects to upgrade this section of Holland Road. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation In Staff's view,the request to expand the vocational school within the shopping center is consistent with the land use policies for the Suburban Area of Comprehensive Plan, as the use is compatible with adjacent commercial and office uses. This beauty school is not anticipated to have any negative impacts on other commercial tenants in the building or on adjacent properties. The hours of operation and limited class size will eliminate any potential parking conflicts with the other tenants in the building. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on March 3, 2015 shall be deleted and replaced with the condition below. 2. A Certificate of Occupancy shall be obtained prior to the operation of the Business and Vocational School on this site. 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 Oanh Dang Agenda Item 1 Page 3 Site Layout 4:49.41 Po.) Z r Existing Vocational School 10' DRAINAGE & I UTILITY ESMT - __._„I M.B.141 PG.7- \\ N`c-- PED zj1 y (TYPICAL) \\ a 27'1855` c 237.46' \ y coil F)— — ELEC -- ,3\ANS v, 25.0' tet, no o n o n o ri n ❑ :coi+C:::11:::: ❑ i,2N 82.6' • i.2 54.3' to 1."l to 64.0' \ Q / rly ST • N &411 °01. )-- \ • • to. S/0?9y ?O\ 5' DRAINAGE 6c I 0 0 0 0 13.3' 7� �' \ UTILITY ESMT • u I F'1 „.2'� 82.T �I.1.2'<0 54,2' �1.Y:n27.9'0 is J M.8.141 PG7 Ii '' O co:A [ l & & I '.:: v RS‘TE . 1 1 1 1 I I • ,,,)„,o•° � o o cp ;1 us; + PARCEL N a\ \ c t- s o °i sw \ %� LIGHT I \� 1-., - `� A/C PAD N to POLE I I f ` f I r\ + (YYPI (TYPICAL) • X09 y'," ••�• v, Proposed z Jo J r o. ; �' Expansion _.: a , , ..orst ik NO' ASPHALT-/ .. \.. 1 ., 4);S5�' \ EXISTING PERNA 1' DRAINAGE ESI •• O SIGNS `f — I i � \ D.8.1620 PG.5 TV isi [ �'fi��QOI�f%ti �•i� 4 -_ _ _ 1 PEDS PP N 2641'38” W 150.09' R.-471.7 lir .:77'7r-77:-:--:•.71* •LSP 5' TEMPORARY g' CONSTRUCTION PG.7SMT • 15' V.E.P.CO. ESMT L'-'75.32' CONC Ra471.75' _ M. 2 .10' all 0.8.1643 PG.237 75.32' N 26'41'38' W HOLLAND ROAD (VAR/ABLE ki Oiri R/W 41.8.141 PG.i) ;sj,LTH ppL GI PARD 1.1.NDLMES !; V CERTIFICATE No. Y 1403 YlliG1(11)•/ Oanh Dang Agenda Item 1 Page 4 �. . F.. Site Photos - j " �.. $ • 4114 _ • rte, Oanh Dang Agenda Item 1 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME Oanh Dang DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • ' SECTION 1 / APPLICANT DISCLOSURE FOR CTY USE ONLY E Al ors I,,rtei m,,, " oe mo!zl trt prior I dr Y Page 1 of7 P prior Corprossirn cni Thy Co, Iln..e. n pert, rt,tr!lir au. ,-. APILIICANT NOTICIED OF HEARING DA'E Ill✓ NO CHANGES AS Of :'A-[ ;72.07.7 Js Jonathan Sanders CI REVISIONS SUBMITT EP E Oanh Dang Agenda Item 1 Page 6 Disclosure Statement Virginia Beach Check here if the APPLICANT 15 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 Applicants name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (CO list the businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 r SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If oroaertv owner is different from Annikant. n 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:Holland South Investments, LLC If an LLC, list the member's names:Diane S. Monroe, Frank M. Monroe, Jr. Page 2 of 7 Oanh Deng Agenda Item 1 Page 7 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 I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 Parent-subsidiary relationship" means "a rehtbnship 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. Affiliated business entity rehtbnship° 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 mo entities;there are common or commingled funds or assets; the business entities share the use of the same offices or empbyees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a cbse 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 Oanh Dang Agenda Item 1 Page 8 Disclosure Statement APPLICANT V�'niaBeaeh YES NO SERVICE PROVIDER(use addluonal sheers if needed) ® Accounting and/or pre parer of Jay Steer PC CPA your tax return I I ® Architect/Landscape Architect/ I 1 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 CI ® Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders .a selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ^ ® an interest in the subject land or any proposed development 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 4 of 7 Oanh Dang Agenda Item 1 Page 9 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 re -nut of notification that the application has been scheduled for public head •, I am responsible for updating the information provided herein two we: s prior to the Planning Commission, Council, VBDA meeting, or eeting o any publi ody or committee in connection with this Application. 1 4 OflO`L DaiNg II I oetie APPLICANTS•iCt �\1.•E PRIM NAME DATE Page 5 of 7 Oanh Dang Agenda Item 1 Page 10 Disclosure Statement OWNER KrSin; YES NO SERVICE PROVIDER(use additionalsheetsif needed) ® ❑ Accounting and/or preparer of Cud Geske,CPA your tax return n ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1:1 the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ® 5 Engineers/Surveyors/Agents Ward M.Holmes Financing(include current Towne Bank nmortgage holders and lenders I I selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes 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 Oanh Dang Agenda Item 1 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.p� kY�a+•e S�c -._ ]Aare S ,Mans-e„._ (VD(A6 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Oanh Dang Agenda Item 1 Page 12 Item#1 Oanh Dang Modification of Conditions 3420 Holland Road District 3 Rose Hall March 8, 2017 CONSENT An application of Oanh Dang for a Modification of Conditions on property located at 3420 Holland Road, District 3, Rose Hall. GPIN: 1486-82-3088-0000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on March 3, 2015 shall be deleted and replaced with the condition below. 2. A Certificate of Occupancy shall be obtained prior to the operation of the Business and Vocational School on this site. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item I. AYE9 NAYO ABSO ABSENT2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0, the Commission approved item 1 for consent. oe Z N . 0. 0 TN' F , , < MINN CO 1 - "0 -----_, ID . - • -----A % \ \ T ---, " MIMI I 1 N ,-.-7 \ • \ {. <-..)"' . .... . • .---- .------- \ \ \ \ .., .. \ • / if \ ....., -1 ••.. Wm ILO .___,-- • I ••••• ,,_,,.._ \ 0 ras I 1 _J . \ . .. '-._. 4% I MOM _,--- , . 4C CNI I 0 1 .----A 0 . -------- ------ ..__---- _.- - . , s-',---_-N. 44 c _---- it<03 ---1---- _,aftu„ ... _ -------- 4C AT. —,. __ _ K..4. •.i•- •. • _.. c ...., , ....... , ,____.---. ,:__„ . , , \ . z \---\ ,,\ . , . CNI \%N11.\ • • . . V /140 N. WhA•7 \ \\ ,..../ I CO ''S\ \ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BELIN MUTUAL FINANCE, LLC [Applicant & Property Owner] Conditional Change of Zoning (AG-2 Agricultural to Conditional I-1 Light Industrial District) Conditional Use Permits (Automobile Repair Garage & Bulk Storage Yard) 3156 Holland Road (GPIN 1495166099) COUNCIL DISTRICT— ROSE HALL MEETING DATE: April 4, 2017 ■ Background: This 3.4-acre wooded site is zoned AG-2 Agricultural District. A Conditional Use Permit for a Religious Use was approved on the property in October 2002 and modified in October 2003. The Conditional Use Permit for that use was never acted upon. The current applicant is seeking to relocate to this site, as a result of enforcement of the terms of an existing Navy Restrictive Easement on the property where the business is currently located. It is the applicant's desire to rezone the property to I-1 Light Industrial District in order to operate an automobile repair garage on this property. In addition, the applicant proposes to subdivide the property into two parcels and operate a storage yard on Parcel A, primarily for the storage of vehicles awaiting repair. As such, along with the rezoning application, Conditional Use Permits for a Bulk Storage Yard (Parcel A) and an Automobile Repair Garage (Parcel B) are also requested. The northern portion of the site (Parcel A), will remain wooded with the exception of a 5,400 square-foot gravel bulk storage area that will be enclosed by a six-foot solid fence and further screened from the right-of-way by the existing trees. The applicant proposes a gravel surface for the storage area, which will require a waiver from the Building Official's Office. Staff is not opposed to the waiver request. The southern portion of the site (Parcel B), will be developed with a 9,600 square- foot, 10-bay automobile repair facility. The exterior building materials will include a split-faced block grey water table with white corrugated metal wall paneling and a gray corrugated metal roof. The front facade will face Holland Road; however, no bay doors will face the right-of-way. • Considerations: In Staffs view, the proposed uses are consistent with the transition that has occurred along this portion of Holland Road, and are consistent with the Comprehensive Plan's recommendations pertaining to SEGA 3. The applicant has worked with Staff to revise their initial application to upgrade the building's design and exterior building materials as well as ensure adequate screening of the storage Belin Mutual Finance, LLC Page 2 of 3 area from Holland Road. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The Bulk Storage Yard shall be accessed from the one entrance depicted on the Concept Plan referenced in Proffer 1. 2. The overhead bay doors shall remain closed except for necessary ingress/egress of vehicles into or out of the facility. 3. The site shall be limited to a total of two (2) wall mounted signs, which shall total no more than 90 square feet. 4. Any freestanding sign shall be monument style with a brick base, and shall be no taller than eight feet as measured from the ground to the top of the sign and shall not exceed more than 32 square feet in area per face. There shall be no "box sign," but rather it shall be either externally lit or constructed with 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. 5. 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. 6. The Bulk Storage Yard shall be screened at all times by a six-foot solid fence and either the existing mature vegetation, or Category VI landscaping. If at any time the existing vegetation is removed, diseased, or dead, it shall be replaced with Category VI landscaping. 7. Vehicles that are in a state of obvious disrepair shall be stored on a temporary basis of no more than 90 days per vehicle, within the depicted Bulk Storage Yard. No such vehicle shall be permitted to be stored elsewhere on the site. 8. 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 Conceptual Layout Plan referenced in Proffer 1. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. Belin Mutual Finance, LLC Page 3 of 3 9. All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle shall not be permitted to back into the site from Holland Road, nor shall it impede the normal flow of traffic on Holland Road at any time. 10. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 11. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 12. All vehicle repair shall take place inside the building. 13. There shall be no storage containers outside the building or in parking spaces. • 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 Degency: Planning Department . leTAAALoij City Manager. Applicant& Property Owner Belin Mutual Finance, LLC Agenda Item Public Hearing March 8, 2017 City Council Election District Rose Hall 5 Virginia Beach Requests Conditional Rezoning (AG-2 Agricultural to V k ' '\'r "..-z` """�� � I ..z2, �,a AV27 Conditional I 1 Light Industrial) 0044'1 Conditional Use Permits (Automobile Repair `'' ,..1 i'''' so*.`'" ^d i • Garage & Bulk Storage Yard) `, 4 'k:� s %Staff Recommendation ,,,,,.,604,„oa 8, z Approval a s s 65-70 dB OHL dF 70-SOB DNI a >75 06 061 x ti e Staff Planner c4, Jimmy McNamara .vzz ,,eO', poi Location o 'o,, AP:7 3156 Holland Road �3 <° °"40 �� , .4 GPIN ,. of ugh ��,. 1495166099 Site Size 3.41 acres AICUZ 70-75 dB DNL Watershed r ,. Fai, -- ' -'. -ii ;- Chesapeake Bay Existing Land Use and Zoning District r o-Me' i Wooded lot/AG-2 Agricultural <. ` +i 13 Surrounding Land Uses and Zoning Districts ' .,�, North Vt - .'s Nursery/AG-2 Agricultural f South ' Wooded lot/ 1-1 Light Industrial J' East Wooded lot, horse pasture/R-7.5 Residential ,.‘.1: 3' West < _, ; Holland Road to; 7>P,, Wooded lot/1-1 Light Industrial, 1-2 Heavy ' ef , .� , .d Industrial Belin Mutual Finance, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The subject site is currently wooded and zoned AG-2 Agricultural District. A Conditional Use Permit for a Religious Use was approved on the property in October 2002 and modified in October 2003. The Conditional Use Permit was never acted upon and now is void. • The applicant is requesting to rezone the property to I-1 Light Industrial District with the intention of subdividing the site into two parcels and developing an Automobile Repair Facility and a Bulk Storage Yard for the storage of vehicles awaiting repair. As such, Conditional Use Permits for both uses are requested. • The applicant's existing business is being relocated as a result of Navy restrictions at their current location. • The northern portion of the site (Parcel A), will remain wooded with the exception of a 5,400 square-foot gravel bulk storage area that will be used for overflow parking and storage of vehicles awaiting repair. It will be located in the rear of the site and will be enclosed by a six-foot solid fence and screened from the right-of-way by the existing wooded area. In Staff's view,this will meet the Category VI screening requirements. • The southern portion of the site (Parcel B), will be developed with a 9,600 square-foot, 10-bay automobile repair facility. The exterior building materials will include a split-faced block grey water table with white corrugated metal wall paneling and a gray corrugated metal roof. The front facade will face Holland Road; however, no bay doors will face the right-of-way. • Both parcels are proposed to be accessed via a single right-in/right-out access point, as shown on the site layout. The undeveloped site to the west, across Holland Road has received conceptual approval for a median opening on Holland Road that, as currently proposed, would line up with the proposed access point for the subject site and would provide the site full access. • The site layout depicts the required street frontage, interior parking, and foundation landscaping. • The 39 parking spaces depicted satisfy the off-street parking requirements, as set forth in the Zoning Ordinance. Belin Mutual Finance, LLC Agenda Item S Page 2 Zoning History 6.\ AG-1 tAdsDNL # Request B_2 ,,y 1 MOD Approved 10/14/2003 CUP(Religious Use)Approved 10/29/2002 2 CRZ(R SD to Conditional 11, 1-2& P-1)Approved S R_7•5 08/10/2004 R-5D , �% ',1t, C'' 1 3 CUP(Bulk Storage Yard)Approved 03/01/2016 • CRZ(R 5D to Conditional 11)Approved 07/03/2001 70'2 ;/ .\\ CUP(Processing and Storage of Woody Vegetation) Denied 10/27/1998 1_2, t A CRZ(R-SD to Conditional I-1) Denied 10/27/1998 �� 4 CUP(Outdoor Recreational Facility)Approved 01/12/1999 5 MOD Approved 09/09/2008 AP22 CRZ(AG-1 to Conditional B-2)Approved 12/12/2003 , /,1_p#_#PP;!I;;: CUP(Car Wash)Approved 12/12/2003 6 CRZ(AG-1 to Conditional I-1)Approved 12/02/2003 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 SIC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being located in Special Economic Growth Area (SEGA) 3—South Oceana. SEGAs are viewed as special areas with significant economic value and growth potential, with a primary consideration being adjacency to NAS Oceana. SEGA 3—South Oceana between Drakesmile and Holland Road faces considerable constraints including high noise zones, accident potential zones, Navy restrictive easements and floodplain issues. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are mature trees on this site. There does not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 26,000 ADT' 22,800 ADT'(LOS 4"D") Existing Land Use 2—30 ADT 27,400 ADT'(LOS°"E") Proposed Land Use 3-300 ADT 'Average Daily Trips 2 as defined by 3.4 acres of Sas defined by 9,600 square feet of °LOS=Level of Service Agriculturally zoned automobile repair property Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road in the vicinity of this application is a four lane minor urban arterial. The current MTP calls for this section of Holland Road to be a six-lane divided roadway. However,there are no projects included in the current CIP program to widen this portion of Holland Road. Belin Mutual Finance, LLC Agenda Item 5 Page 3 Public Utility Impacts Water The site must connect to City water. There is an existing 16-inch City water main along Holland Road and an eight-inch City water service plug in front of this parcel. Sewer Public gravity sanitary sewer is not available to this property. A private force main connection to the City force main in Holland Road will require HRSD Flow Acceptance and an approved encroachment agreement. There are existing six-inch and 16-inch City sanitary sewer force mains along Holland Road. There is also an existing 42-inch HRSD sanitary sewer force main within a utility easement that bisects the northern portion of the property. Evaluation and Recommendation These requests to rezone the subject parcel from AG-2 Agricultural District to Conditional I-1 Light Industrial District and for Conditional Use Permits for an Automobile Repair Garage and a Bulk Storage Yard are, in Staff's opinion,acceptable on this site. The proposed uses are consistent with the transition that has been occurring along this part of Holland Road, and are consistent with the Comprehensive Plan's recommendations pertaining to SEGA 3. The applicant has worked with Staff to revise their initial application to ensure a proposal that is compatible with the surrounding land uses. The proposed overhead garage doors will not face Holland Road, and the proposed color scheme and exterior building materials have been revised to better complement the surrounding area. Due to the existing wooded area along Holland Road and the reduction in size of the bulk storage area from the original proposal, it will not be visible from Holland Road. Additionally,the applicant proposes a gravel surface for the storage area, which will require a waiver from the Building Official. Staff is not opposed to this waiver. Based on the considerations above, Staff recommends approval of this request subject to the proffers and the conditions listed below. Belin Mutual Finance, LLC Agenda Item 5 Page 4 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 developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF 3156 HOLLAND ROAD, VIRGINIA BEACH,VIRGINIA", dated October 24, 2016, and prepared by MSA, P.C. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The architectural style and quality of materials used for the proposed structure to be constructed on the Property,when constructed,will be in substantial conformity with the exhibit prepared by Powerbilt Steel Buildings. Inc., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The following uses will be prohibited on the Property: newspaper printing and publishing;job and commercial printing; repair sales for radio and television; small wireless facilities; bars or nightclubs; borrow pit; and fiber optics transmission facilities. 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. Staff Comments: The proffers listed above are acceptable. They provide assurance that the development of the site as a Motor Vehicle Repair Garage and Bulk Storage Yard will be as depicted on the proffered concept plan and elevations. Recommended Conditions 1. The Bulk Storage Yard shall be accessed from the one entrance depicted on the Concept Plan referenced in Proffer 1 above. 2. The overhead bay doors shall remain closed except for necessary ingress/egress of vehicles into or out of the facility. 3. The site shall be limited to a total of two (2)wall mounted signs, which shall total no more than 90 square feet. 4. Any freestanding sign shall be monument style with a brick base, and shall be no taller than eight feet as measured from the ground to the top of the sign and shall not exceed more than 32 square feet in area per face. There shall be no "box sign," but rather it shall be either externally lit or constructed with 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. Belin Mutual Finance, LLC Agenda Item 5 Page 5 5. 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. 6. The Bulk Storage Yard shall be screened at all times by a six-foot solid fence and either the existing mature vegetation, or Category VI landscaping. If at any time the existing vegetation is removed, diseased, or dead, it shall be replaced with Category VI landscaping. 7. Vehicles that are in a state of obvious disrepair shall be stored on a temporary basis of no more than 90 days per vehicle, within the depicted Bulk Storage Yard. No such vehicle shall be permitted to be stored elsewhere on the site. 8. 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 Conceptual Layout Plan referenced in Proffer 1 above. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 9. All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle shall not be permitted to back into the site from Holland Road, nor shall it impede the normal flow of traffic on Holland Road at any time. 10. There shall be no decorative pennants,feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 11. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 12. All vehicle repair shall take place inside the building. 13. There shall be no storage containers outside the building or in parking spaces. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Belin Mutual Finance, LLC Agenda Item 5 Page 6 Proposed Site Layout ti ` l ''''4:5',.,7: T` k , 1 i. :,.„, § FI m p 1 [I T %" I ii 1 o v 'I I � . •, 1 ., o :::,,!.rex _ it ,i1 1l _ a* i r l , � I i _� ,., I ' ISI A • I,I' • 2 ,_ ,..o� 1 :. {`er �=. 1 I ,lergob y'�Y ' ' %lirI 1(1 s �� I �\� W t��` 11 it ';ra [I) • • Belin Mutual Finance, LLC Agenda Item 5 Page 7 Proposed Elevations I o, cob q, r H t ? a� me 6 . :. ‘ ,1 ,cases o wt w §,- --b db vb wC o�' ' n 1 ---- ----- 3" 3g W3 X11 ,gin 3,0 <uc S 2qg I .. I J a ¢ � w ud {,U .i3 I J' J LLX 6 a 6 tzw� i I- o q y2 ,moi A A ' i I It J _ ■, r -t-------- I 1 I : • ?I v 7:' - H j . 1 - I 1 -i, • 1 1 • 1 I _'$ I _F ' I _ se.\- k\ — --- t - ':: • L'. J L / /"' of Belin Mutual Finance, LLC Agenda Item 5 Page 8 Site Photos tk • ; • " • ' 4 •• . •e: • . .0* . • • • , .40 M*•• •.* • 6 • • • • 1 • • • ; . • • . _ • „ • - • • Belin Mutual Finance, LLC Agenda Item 5 Page 9 t s CITY OF VIRGINIA BEACH :----.' INTER-OFFICE CORRESPONDENCE ` , NC----_ In Reply Refer To Our File No. DF-9785 DATE: March 24, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Belin Mutual Finance, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 4, 2017. I have reviewed the subject proffer agreement, dated January 31, 2017 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 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 31" day of January, 2017, by and between BELIN MUTUAL FINANCIAL ASSOCIATES, LLC, a Virginia limited liability company ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN 14951660990000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor has 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 AG-2 to Conditional I-1; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional I-1 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing I-1 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's GPIN: 14951660990000 Prepared by: Leslie R. Watson.Esq. Wolcott Rivers Gates 200 Bendix Road, Suite 300 Virginia Beach, VA 23452 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 Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "CONCEPTUAL SITE LAYOUT PLAN OF 3156 HOLLAND ROAD, VIRGINIA BEACH, VIRGINIA", dated October 24, 2016, and prepared by MSA, P.C. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit prepared by Powerbilt Steel Buildings. Inc., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The following uses will be prohibited on the Property: newspaper printing and publishing;job and commercial printing; repair and sales for radio and television; small wireless facilities; bars or nightclubs; borrow pit; and fiber optics transmission facilities. 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 Grantor covenants and agrees that (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, including (i) the ordering in writing of the remedying of any noncompliance with such 2 conditions, and (ii)the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition 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 Grantor and Grantee. IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BELIN MUTUAL FINANCIAL ASSOCIATES, LLC, a Virginia limited liability company By: a �✓ D Gregory, Ma 4er " • ` r Traci B. Gregory, anager STATE/COMMONWEALTH OF st-kcoals CITY/COUNTY OF \kriSi.e-. ch , to-wit: The foregoing instrument was sworn to and acknowledged before me this \ day of ff.(s)lQ.R , 2017, by Daniel G. Gregory and Traci B. Gregory, who are 0 personally knatGn to me or has roroduced (O,INiz 1.tjvbQ as identification, in their capacity as Managers of Belin Mhtu-al Financial Associates, a Virginia limited liability company, on behalf of the limited liability company,. Witness my hand and official stamp or seal this 3 day of 10.1`0.0.11.4.3 2017. hahriA )S- Q U Notary Public (SEAL) My Commission Expires:--css(t 4 3(1 31n� Registration Number: &$c i c43 A, ;;ns Notary Public Oliverc Reg 8285985 Commonwealth of Vi _' S My Commission s E pt �M] 1, 3 EXHIBIT A ALL THAT certain piece, parcel or tract of land, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, containing 3.41 acres, more or less, as shown and described on a certain plat entitled, "BOUNDARY SURVEY OF PROPERTY OF ALLEN C. WATSON AND FLETCHER D. WATSON, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated March 9, 1998, made by Harold C. Warren, III, L.S. No. 2192, 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 280, at page 61, reference to which is hereby made for a metes and bounds description and further particulars. I idrcnmrn,dlnauryi i eg,,ry.&n!A g and,nuWel In muwvl Enenc,aI uncWss Ic m,p drtsLmflertdo 4 Disclosure Statement Virginia Beach APPLICANTS NAME Belin Mutual Finance, 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 Properly Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Hoard 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. • e SECTION 1 / APPLICANT DISCLOSURE . ,arrr Page I of ^�^ gRii 17 till Jimmy McNamara Belin Mutual Finance, LLC Agenda Item 5 Page 10 Disclosure Statement Vg Vitgnia Beach • Check here if the APPUCANT IS NOT a corporation. partnership. firm. business, or other unincorporated organization. ® Check here if the APPLICANT 1£a corporation, partnership. firm, business, or other unincorporated organization. (A) List the Applicants name:Belin Mutual Finance, LLC If an LLC. list all member's names: Dan Gregory, Traci Gregory If a CORPORATION, list the the names of all officers, directors. members, trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ▪ Check here If the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. • Check here if the PROPERTY OWNFR 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 Belin Mutual Finance, LLC Agenda Item 5 Page 11 Disclosure Statement Wrpnie Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) tarent-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 corporatbn' See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. T Affiliated business entity relationship means "a reatbnship. 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 commingled funds or assets: the business entities share the use of the same offices or empbyees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a cbse working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2.3101. • e 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 Belin Mutual Finance, LLC Agenda Item 5 Page 12 Disclosure Statement APPLICANT Vusinia Beach YES NO SERVICE PROVIDER anesmnunal ateetsi� n ® Accounting and/or pre parer of I I your tax return I• nArchitect/Landscape Architect/ MSA P.C.I Bine Carrington I Land Planner Contract Purchaser(If other thaa ❑ ® the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® ❑ Construction Contractors J.Sawyer,Bice Marlin Development • nEngineers/Surveyors/Agents MSA PC. Financing (Include current Towne Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) o Legal Services Les Watson,Vsblcat.Rivers.Gates Real Estate Brokers/ n ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 Belin Mutual Finance, LLC Agenda Item 5 Page 13 Disclosure Statement Virginia Beach CERTIFICATION' I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission. Council. VBDA meetin f or eeting of any public body or committee in connection with this A..tial 7n. t C� _• 1 IUNTS9GNATVIE I r 1 FlreNT AME 1 ��jE Page 5 of Belin Mutual Finance, LLC Agenda Item 5 Page 14 Item ft5 Belin Mutual Finance,L.L.C. Conditional Rezoning Conditional Use Permit 3156 Holland Road District 3 Rose Hall March 8, 2017 CONSENT An application of Belin Mutual Finance, L.L.C.for a Conditional Rezoning(AG-2 Agricultural to Conditional I-1 Light Industrial)and a Conditional Use Permit(Automobile Repair Garage and Bulk Storage)on property located at 3156 Holland Road, District 3, Rose Hall. GPIN: 1495-16-6099-0000. PROFFERS Proffer 1: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled"CONCEPTUAL SITE LAYOUT PLAN OF 3156 HOLLAND ROAD,VIRGINIA BEACH,VIRGINIA", dated October 24, 2016,and prepared by MSA, P.C. (the "Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The architectural style and quality of materials used for the proposed structure to be constructed on the Property,when constructed,will be in substantial conformity with the exhibit prepared by Powerbilt Steel Buildings. Inc., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: The following uses will be prohibited on the Property: newspaper printing and publishing;job and commercial printing; repair sales for radio and television;small wireless facilities; bars or nightclubs; borrow pit; and fiber optics transmission facilities. 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. CONDITIONS 1. The Bulk Storage Yard shall be accessed from the one entrance depicted on the Concept Plan referenced in Proffer 1 above. 2. The overhead bay doors shall remain closed except for necessary ingress/egress of vehicles into or out of the facility. Item#5 Belin Mutual Finance, LLC Page 2 3. The site shall be limited to a total of two(2)wall mounted signs,which shall total no more than 90 square feet. 4. Any freestanding sign shall be monument style with a brick base,and shall be no taller than eight feet as measured from the ground to the top of the sign and shall not exceed more than 32 square feet in area per face. There shall be no"box sign," but rather it shall be either externally lit or constructed with 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. 5. 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. 6. The Bulk Storage Yard shall be screened at all times by a six-foot solid fence and either the existing mature vegetation,or Category VI landscaping. If at any time the existing vegetation is removed, diseased,or dead, it shall be replaced with Category VI landscaping. 7. Vehicles that are in a state of obvious disrepair shall be stored on a temporary basis of no more than 90 days per vehicle,within the depicted Bulk Storage Yard. No such vehicle shall be permitted to be stored elsewhere on the site. 8. 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 Conceptual Layout Plan referenced in Proffer 1 above.Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 9. All vehicles delivered to the site must be off-loaded on the site. The delivery vehicle shall not be permitted to back into the site from Holland Road, nor shall it impede the normal flow of traffic on Holland Road at any time. 10. There shall be no decorative pennants,feather flags,streamers, air dancers, inflatables or other similar advertising items located on the site. 11. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 12. All vehicle repair shall take place inside the building. 13. There shall be no storage containers outside the building or in parking spaces. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 5. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE Item#5 Belin Mutual Finance, L.L.0 Page 3 KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 5 for consent. Billy Garrington appeared before the Commission on behalf of the applicant. u Lri3 ____ ,Lt)-- ..--•••• i i f ,------ r---- -A I, l',-..----J i I ., ' 1------,...,, __, L_____,--,rx L___, \ \ Ce _ ,. ,--. -----t-a-----11itface ,:;:i,;----- - y. 6-1 \---_--A__,_-1. <77,› '.- fl Ii _ {r__1 �� s- ti 02 , ,, 11- .- N. Oc__.--- • II j Ell W i_____ F---) i_j_11 i----t, ________..,1 7 \, : L_____, , N ___I . , illit' ___ __ . ------------ ---- Beverly_tri_ace rz--I rl y c___.\____ 1 i___FI :I L________i L 1 \ br s LOIS C------1. T1-1 r 11...___ _ 111 4-, = r---1---- r'----11 ri .1 , 1 . , 1..._.,_. j 3 L__,„,j L.---„___ 'IX' 1, L,-- J - _—__________________________Be___c_tioik , Pilce - _ —tom FL-3 \ � I S L � 1 I I i � �—^�"— t ri _ tr) TO El rte * r — —�� r- r__---,L„)\----1_ r--' --,� it L Ir—�L t__—ti —� --�, L-7 -- — _— mo1L-- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELLEN ABNEY [Applicant] DARRELL & ELLEN ABNEY [Property Owner] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 428 Becton Place (GPIN 1487867611). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: April 4, 2017 ■ Background: The applicant requests a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for orphaned and injured wildlife, particularly baby squirrels, rabbits, and raccoons. The applicant is licensed with the Virginia Department of Game and Inland Fisheries as a Category 1 Wildlife Rehabilitator, and was unaware of the need for a Conditional Use Permit until recently. There is an existing outdoor enclosure located in the rear yard within the five-foot side yard setback. The applicant is seeking a deviation to the setback for the cage. • Considerations: The backyard is enclosed with a six-foot privacy fence, which provides sufficient screening of the animals, and the existing enclosure is no taller than the fence. The applicant has been made aware of the standards identified in Section 242.3 of the Zoning Ordinance pertaining to Wildlife Rehabilitation Facilities within a residential setting. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request, and the applicant has provided letters of support from all five adjacent neighbors stating that they do not oppose this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. Ellen Abney Page 2 of 2 4. The applicant shall maintain the existing six-foot high privacy fence that encloses the backyard, such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation Facility are screened from view. 5. The pre-release cage depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 6. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep NA! .ncy: Planning Department• rrz.) --vr , �/ City Manager: `-+ `�aat Applicant Ellen Abney Agenda Item Property Owners Darrell & Ellen Abney Public Hearing March 8, 2017 7 r,,,, City Council Election District Lynnhaven Virginia Beach Request t,.ti ��ont,'— "x� Conditional Use Permit(Home-Based Wildlife ? �`Q4N1 g g Mdfad l.nt Rehabilitation Facility) 1 a - tdmwrs^o'"' 3 eff 4, Staff Recommendation 9 ; ; 1. Approval I xI1 % '" Lynn harm Road Staff Planner I t�`� Jonathan Sanders !,d = `>. ' 0, -.0 �'� '�"01"o z d ssaoaeoNl :20 a a. it ,. 4 Location 3. i, s 428 Becton Place f Y shpouw.,'d GPIN t �.. •x 1487867611 Site Size 8,476 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ,. - II . . - ..' - Single-family dwelling/ R-7.5 ResidentialIlk I 1 r f; ` `r ' ' Surrounding Land Uses and Zoning Districts I ; • 0 I '' North ` 1 _ lir .. -4 Single-family dwelling/ R-7.5 Residential it 4 ! > , South -. 1 "r Single-family dwelling/ R-7.5 Residential j. t East �• 'y ` . E Single-family dwelling/ R-7.5 Residential . , j • `^ : '� s West ►. ,3-; •IF;. -:`4..m4'4f,- • T Becton Place ��:• s v . Single-family dwelling/ R-7.5 Residential ? 4011 ` ~ • r" . ,\ WK.. i..- .••� • .. J Ellen Abney Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for orphaned and injured wildlife, particularly baby squirrels, rabbits, and raccoons. • The applicant is licensed with the Virginia Department of Game and Inland Fisheries (VDGIF) as a Category 1 Wildlife Rehabilitator. • According to the application, injured animals will be housed indoors within cages that are set up solely for their care. Once the animals are able,they will be relocated to an outdoor enclosure for acclamation to the elements. No animals will be released on the property. • The existing outdoor enclosure is located in the northern side yard against an existing fence. The enclosure is 3.5 feet deep, 14 feet long, and 5.5 feet tall. It is made of treated wood, metal,wire, with a concrete slab floor, and a shingle roof. The enclosure is located within the five-foot side yard setback for structures.The applicant is seeking a deviation to the setback for the cage by City Council per Zoning Ordinance Section 221 (i). • The applicant has received signatures from all five adjacent neighbors stating that they do not oppose this request. R-7.5 yi RA3 No Zoning History to Report I R-7.5 /. ' • , - p R (411A 19/11 C Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Ellen Abney Agenda Item 7 Page 2 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 Becton Place No Data Available 6,200 ADT (LOS 4"C") Existing Land Use 2-10 ADT 9,900 ADT (LOS°"D") Proposed Land Use 3- 10 ADT 'Average Daily Trips 2 as defined by a single- 3 as defined by a proposed Home- 4 LOS=Level of Service family dwelling Based Wildlife Rehabilitation Facility Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility on this site, in Staff's opinion, is consistent with the Comprehensive Plan's land use policies with regard to compatibility with the surrounding neighborhood and similar to other wildlife rehabilitation requests within the Suburban Area. The backyard is enclosed with a six-foot privacy fence,which provides sufficient screening of the cage. The applicant has been made aware of the standards identified in Section 242.3 of the Zoning Ordinance pertaining to Wildlife Rehabilitation Facilities within a residential setting. Staff is not aware of any concerns or opposition to this request. The applicant is requesting that the side yard setback deficiency for the existing cage be addressed through the provisions of Section 221 (i) of the Zoning Ordinance.This section allows City Council to grant deviations from required setbacks if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation to this requirement will not adversely impact the adjacent properties, particularly given that this structure is adjacent to a six-foot privacy fence with landscaping, is no taller than the fence, and adjacent property owners provided letters of support. Based on the considerations above, Staff finds the application to be an acceptable use and recommends approval of the request subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. Ellen Abney Agenda Item 7 Page 3 4. The applicant shall maintain the existing six-foot high privacy fence that encloses the backyard, such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation Facility are screened from view. 5. The pre-release cage depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 6. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 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. Ellen Abney Agenda Item 7 Page 4 Zoning Ordinance Requirements for Home- Based Wildlife Rehabilitation Facility Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable, federal permits shall be kept in such a facility for more than twenty-four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home- based wildlife rehabilitation facility within twenty-four(24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty (180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty (20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8)feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wiidlife. Ellen Abney Agenda Item 7 Page 5 Site Layout a' — ci 5 0545'40" E PIN-FD ...._ r ......A,..._x.....x_x sr %., se %., s., v ••.r sr ,.. se ,,. v 1 •.‘ ott T 4.4' 75.01' ,! r-•-0.3' o 7 1 x 12.3'°3 SHED 1 x 1 x • I x 1 x k x I J • . • ....I ..... .1 ,,./ ,,.....I ".... 1 ,.......f ..• A.-0 ,...—.4 ,„... ...r ,.-)33# or ,,--, ,....• ,.....,....._ 4 „-.-.• .........4 ....-1.•• X ..X K I • ....• ,........ •••••••.# ,,• •••••• ...- .0 .,... .. ..••••• 0 •••. ... x I .., ........)::.•••••':.*.".•;:.••*.•.•.';.• ... ............ .......................... ....................... I .''''......•••••••••••••••••'•*”••• q 8.0 .......................................-;::::::::::..... ................................... C\I iii x .6'• 8.6 ....... col I "•••••••••••""•••"•••""•••"• ' •••• 'inf.') - ................................... . ,7 IID • :4- 33.8' .:: .—....% r") x re) 4 .. . ) 00 .... "' I IN 2.0' •••• — 2.O' tirom Requesting deviation to setback for existing •,-) ••• "404.1, x—L-0.1' IN co xi z >< In x 03 structure II 20.0' rr---I 34.2' b (N" r -x--,x _or X ................. . t.-..1 -•••••••••••••••••• ••••"........'••••••.•'••'•••' ..................., ................... ................... 10 ................... 4 ••••••••••••••••••• .......... ........ In C) •••-••.....••••••• ••••••••••••••••••• .................... ••••••'•••••••••••• ................... )IN-FD 1 75.00' ••••••••••••••••••• I PIN-FD e ) N 0616'28" W I r-N rl Ellen Abney Agenda Item 7 Page 6 Site Photos ri- gip' 4 . , ,.- .s, .!.. , 1 '.----irlE-714.1r....e-7.--..e fa. ji �, f` . _-.1; n • •` ' `J. I� i viatiii - nisso----a � � wag- IHlli i • 1 .VS Ellen Abney Agenda Item 7 Page 7 Disclosure Statement aVB Virginia Beach APPLICANT'S NAME Ellen Abney 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 indude, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • F SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 D AN ry 11nu 3J20/i7 .11 Jonathan Sanders Ellen Abney Agenda Item 7 Page 8 Disclosure Statement t*irprrieHncb • Check here if the APPI ICANT IS NOT a corporation, partnership. firm. business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business. or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors. members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronertv owner is different from Avnikan(. ▪ Check here If the PROPERTY OWNER IS NOT a corporation, partnership. firm, business, or other unincorporated organization. • Check here if the PROPERTY OWNER It 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 Ellen Abney 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 I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I 'Parent-subsidiary relatiomhip 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 rebtionship. that exists when(i)one business entity has a controlling ownership interest in the other business emiry,(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 'Mikes or employees or otherwise share activities. resources or personnel on a regular basis, or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2.3101, • a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 5ubiert 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 SEPERATELV Page 3 of 7 Ellen Abney Agenda Item 7 Page 10 Disclosure Statement APPLICANT YES NO SERVICE PROVIDER(use additional sheets if needed) n ® Accounting and/or preparer of I 1 your tax return •❑ N Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® tht Anolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchase r(s)and purchaser's service providers) n ® Construction Contractors ® ❑ Engineers/Surveyors/Agents Wiliam H.Bailey,PHRA Financing(include current Navy Federal Credit Union mortgage holders and lenders �� ❑ selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / ❑ ISI Agents/Realtors for current and W anticipated future sales of the subject property 4 e 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 Ellen Abney Agenda Item 7 Page 11 Disclosure Statement %roo h 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, VBOA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SICNATORE PRINT NAME _• r DATA - - Page 5 of Ellen Abney Agenda Item 7 Page 12 Item#7 Ellen Abney Conditional Use Permit 428 Becton Place District 5 Lynn haven March 8, 2017 CONSENT An application of Ellen Abney for a Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) on property located at 428 Becton Place, District 5, Lynnhaven. GPIN: 1487-86-7611-0000. CONDITIONS 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m.and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. 4. The applicant shall maintain the existing six-foot high privacy fence that encloses the backyard,such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation Facility are screened from view. 5. The pre-release cage depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 6. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 7. AYE9 NAVO ABSO ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Item N7 Ellen Abney Page 2 By a vote of 9-0, the Commission approved item 7 for consent. The applicant appeared before the Commission. [ ,„ et- 't CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 905 OF THE CITY ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS IN THE B-4K KEMPSVILLE AREA MIXED USE DISTRICT MEETING DATE: April 4, 2017 • Background: The Historic Kempsville Area Master Plan was adopted on January 24, 2006 as a component of the 2009 Comprehensive Plan. Concurrently, City Council adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Mixed-Use District, as well as the Historic Kempsville Overlay District. Currently, building signs are not permitted on multiple-family dwellings within the B-4K zoning district. • Considerations: The proposed amendment will add a provision that allows multiple-family dwellings to have a maximum of two building signs per development that cannot exceed 20 square feet per sign. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, with one abstention, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme• . , -ncy: Planning Department City Manager' 1 AN ORDINANCE TO AMEND SECTION 905 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SIGN REGULATIONS IN 4 THE B-4K KEMPSVILLE AREA MIXED USE 5 DISTRICT 6 7 Section Amended: § 905 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 905 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 ARTICLE 9. BUSINESS DISTRICTS 20 21 22 23 Sec. 905. - Sign regulations. 24 25 26 27 (f) Within the B-4K Historic Kempsville Area Mixed Use District, signs shall be 28 permitted as follows: 29 30 31 32 (9) For all other uses and structures, the following sign regulations shall 33 apply: 34 35 36 37 d. Sign regulations pertaining to multiple-family dwellings shall be the 38 same as those applying in the Apartment Districts..-, except that 39 multiple-family dwellings may have a maximum of two (2) building 40 mounted signs per development not to exceed twenty (20) square 41 feet in area per sign. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4192. /La. ‘ V Y 0\ \ A 'fanning I - .- ent City Attorney's Office Barry F ,-Id, Director B. Kay Wilson, Deputy City Attorney CA13910 R-1 January 19, 2017 2 Applicant City of Virginia Beach Agenda bern Public I fearing March 8, 2017 Signage in the B-4K Historic Kempsville District 8 y �, „1 0 Virginia Beach Request An Ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations in the B-4K Kempsville Area Mixed Use District. Summary of Request The Historic Kempsville Area Master Plan was adopted on January 24, 2006 as a component of the 2009 Comprehensive Plan. Concurrent with the adoption of the Master Plan in 2006,the City Council adopted amendments to the Zoning Ordinance creating the B-4K Historic Kempsville Mixed-Use District, as well as the Historic Kempsville Overlay District. The vision of the Historic Kempsville Area is to create a village setting and build on the historic character of the area. This proposed amendment pertains to the sign regulations for multiple-family dwellings within the B-4K District.The Ordinance states that signage for multiple-family dwellings shall be the same as applied in the Apartment Districts. Based on these regulations, building signs are not permitted on multiple-family dwellings. This amendment will add a provision to Section 905(d)that allows multiple-family dwellings to have a maximum of two building signs per development.The size of each sign cannot exceed twenty square feet. Recommendation Staff recommends approval of this amendment. Staff feels that a prohibition of building mounted signs on structures containing multi-family dwelling units is overly restrictive. While allowing for building signs,this amendment limits the size and number of signs permitted in each development and;therefore, is not expected to negatively impact the surrounding properties. City of Virginia Beach Agenda Item 8 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 905 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SIGN REGULATIONS IN 4 THE B-4K KEMPSVILLE AREA MIXED USE 5 DISTRICT 6 ] Section Amended: § 905 of the City Zoning 8 Ordinance 9 10 WHEREAS,the public necessity.convenience,general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH,VIRGINIA. 15 16 That Section 905 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 ARTICLE 9.BUSINESS DISTRICTS 20 21 22 23 Sec.905.-Sign regulations. 24 25 26 27 (i) Within the B-4K Historic Kempsville Area Mixed Use District.signs shall be 28 permitted as follows: 29 30 .... 31 32 (9) For all other uses and structures. the following sign regulations shall 33 apply 34 35 36 37 d Sign regulations pertaining to multiple-family dwellings shall be the 38 same as those applying in the Apartment Districts„ except that 39 multiple-family dwellings may have a maximum of two (2) building 40 mounted signs per development not to exceed twenty(20)square 41 feet in area per sion. 42 43 Adopted by the Council of the City of Virginia Beach.Virginia.on the day of 2017. City of Virginia Beach Agenda Item 8 Page 2 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. fl -ans�ItityAt �H FDirector Kay e� City Attorney CA13910 R-1 January 19 2017 2 City of Virginia Beach Agenda Item 8 Page 3 Item#8 An Ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations in the B-4K Kempsville Area Mixed Use District. March 12, 2017 CONSENT An Ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations in the B- 4K Kempsville Area Mixed Use District. A motion was made by Commissioner Oliver and was seconded to approve item 8. AYE 8 NAY O ABS 1 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 8-0,with the abstention so noted,the Commission approved item 8 for consent. Kevin Kemp appeared before the Commission. ``, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 1110 OF THE CITY ZONING ORDINANCE PERTAINING TO HOME-BASED WILDLIFE REHABILITATION FACILITES AS A CONDITIONAL USE IN THE PD-H1 PLANNED UNIT DEVELOPMENT DISTRICT MEETING DATE: April 4, 2017 ■ Background: Home-Based Wildlife Rehabilitation Facilities are permitted as a conditional use in all residential zoning districts except the R-2.5 District, due to the small lot area requirements in the R-2.5 District. During the review of an application recently for a Home-Based Wildlife Rehabilitation Facility on property zoned PD-H1, Staff discovered that this use is not permitted within this district, despite the fact that the application was for a single-family dwelling house type. The applicant contacted Councilman Ben Davenport, who worked with Staff to prepare this proposed amendment. This amendment will allow Home-Based Wildlife Rehabilitation Facilities with a Conditional Use Permit in the PD-H1 District, provided that the principal structure is a single-family building type, and that the lot area is greater than 2,500 square feet. • Considerations: Home-based wildlife facilities provide a valuable resource for the residents of this City. In Staffs opinion, the amendment to allow Home-Based Wildlife Rehabilitation as a conditional use in the PD-H1 District within single-family dwellings will provide consistency within the Ordinance. Limiting this use to single- family structures and lot sizes greater than 2,500 square feet will minimize any adverse impacts on adjacent property owners. Additionally, through the Conditional Use Permit process, Staff will have the opportunity to evaluate each proposal in relation to specific attributes unique to each site. Further details pertaining to the amendment are provided in the attached Staff report. As noted above, there is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. City of Virginia Beach Page 2 of 2 • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning DepartmentV _ L.0 _t_.1 City Manager: _ REQUESTED BY COUNCILMEMBER DAVENPORT 1 AN ORDINANCE TO AMEND SECTION 1110 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO HOME-BASED WILDLIFE 4 REHABILITATION FACILITIES AS A 5 CONDITIONAL USE IN THE PD-H1 6 PLANNED UNIT DEVELOPMENT DISTRICT 7 8 Section Amended: § 1110 of the City Zoning 9 Ordinance 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 1110 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 20 A. — PD-H1 PLANNED UNIT DEVELOPMENT DISTRICT 21 22 Sec. 1110. - Land use regulation. 23 24 (a) The land use plan approved by city council, or as modified, for each planned unit 25 development project shall govern the development, and all land uses shall be in 26 accordance with it. 27 28 (b) Modifications to the land use plan by city council shall be in the manner of a zoning 29 change or by conditional use permit for uses designated in subsection (d). 30 31 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 32 A-12 Apartment District other than hospitals and sanitariums, together with the 33 following enumerated uses and structures, shall be permitted: 34 35 (1) Fraternity and sorority houses, student dormitories and student centers; 36 (2) Housing for seniors and disabled persons, with a conditional use permit; 37 (3) Marinas; 38 (4) Private clubs or social centers provided that clubs where conduct of commercial 39 affairs is a principal activity shall not be permitted; and 40 (5) Residential care for seniors, provided that no more than two (2) employees 41 including a bona fide resident of the dwelling shall be permitted. 42 43 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 44 45 46 (1) Communication towers; 47 (2) Family day-care homes; 48 (3) Group homes; 49 (4) Kennels, residential; 50 (5) Religious uses; and 51 (6) Wind energy conversion systems, free standing and roof-mounted,: and 52 (11 Home-based wildlife rehabilitation facilities, provided that the principal structure 53 is a single-family dwelling and the lot is greater than 2500 square feet. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jr I essia _Lass. (� • anning P - .'rtment up City r ey's ice CA13922 -- R-2 R-2 March 29, 2017 Applicant City of Virginia Beach Agenda nem Public Hearing March 8, 2017 Home-Based Wildlife Rehabilitation Facilities in the PD- 9 Th,,.r H1 District Virginia Beach Request An Ordinance to amend Section 1110 of the City Zoning Ordinance pertaining to Home-based Wildlife Rehabilitation Facilities as a Conditional Use in the PD-Hl Planned Unit Development District. Summary of Request Home-based Wildlife Rehabilitation Facilities are permitted as a conditional use in all residential zoning districts except the R-2.5 District,due to the small required minimum lot area. Recently,a citizen applied for a Conditional Use Permit to operate a Wildlife Rehabilitation Facility from their single-family home.Through the application process, it came to light that this use is not allowed in the PD-Hl District, despite being a single-family house type.The applicant contacted Councilman Ben Davenport,who worked with Staff to prepare this proposed amendment.This amendment will allow Home-based Wildlife Rehabilitation Facilities with a Conditional Use Permit in the PD-Hl District, provided that the principal structure is a single-family building type,and that the lot area is greater than 2,500 square feet. Recommendation Staff recommends approval of this amendment. Home-based Wildlife Rehabilitation Facilities provide a valuable service to the community.Staff feels that permitting this use as a conditional use will provide consistency within the Ordinance that allows for this use in the residential zoning districts. Limiting this use to single-family structures and lot sizes greater than 2,500 square feet will minimize any adverse impacts on adjacent property owners.Additionally,through the Conditional Use Permit process, Staff will have the opportunity to evaluate each proposal in relation to specific attributes unique to each site. City of Virginia Beach Agenda Item 9 Page 1 Item#9 An Ordinance to amend Section 1110 of the City Zoning Ordinance pertaining to Home-based Wildlife Rehabilitation Facilities as a Conditional Use in the PD-Hl Planned Unit Development District. March12, 2017 CONSENT An Ordinance to amend Section 1110 of the City Zoning Ordinance pertaining to Home-based Wildlife Rehabilitation Facilities as a Conditional Use in the PD-Hl Planned Unit Development District. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 9. AYE 9 NAY O ABS O ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AVE RUCINSKI AYE THORNTON AVE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 9 for consent. Kevin Kemp appeared before the Commission. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - 2016 COMPREHENSIVE PLAN AMENDMENT — AMENDING THE POLICY DOCUMENT TO REFERENCE AND IDENTIFY SEAPINES STATION AND TO AMEND THE REFERENCE HANDBOOK TO ADD THE VOLUNTARY DESIGN GUIDELINES FOR SEAPINES STATION IN REFERENCE TO DESIGN COMPONENTS MEETING DATE: April 4, 2017 ■ Background: The proposed amendment to the Comprehensive Plan is the result of implementing the "Agenda for Future Action" in Chapter 1, Section 1.3 — Suburban Area, which reads: Study the area between Holly Road and Pacific Avenue, north of 32nd Street to 42nd Street (the southern boundary of North End SFA) to determine need for infill development and redevelopment policies and design guidelines. The Planning Commission created a workgroup to study the area, now known as Seapines Station, to review development and redevelopment trends in the neighborhood. As a result of this effort, the workgroup developed the proposed Seapines Station Design Guidelines that provide recommendations related to site layout, architectural elements, scale and massing, parking, and plantings. The workgroup held a public meeting in January within the neighborhood to provide information to property owners, and others about the voluntary Guidelines. • Considerations: The voluntary Design Guidelines will be a resource for property owners, builders, and developers seeking to make improvements to sites in the neighborhood and will inform staff, and appointed and elected officials when evaluating development and redevelopment proposals. Further details pertaining to the Guidelines and the Comprehensive Plan amendment are provided in the attached Staff report. There is no known opposition to this request. City of Virginia Beach Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ��� Zy Submitting Depart • r • =ency: Planning Departmen ,rl/,` '}� City Manager1 il i,: 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN POLICY 3 DOCUMENT AND TO AMEND THE 4 REFERENCE HANDBOOK TO ADD THE 5 VOULTARY DESIGN GUIDELINES FOR 6 SEAPINES STATION IN REFERENCE TO 7 DESIGN COMPONENTS 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 WHEREAS, the 2016 Comprehensive Plan Policy Document includes a 13 recommendation to "study the area between Holly Road and Pacific Avenue, north of 14 32nd Street to 42"d Street (the southern boundary of North End SFA) to determine the 15 need for infill development and redevelopment policies and design guidelines" which 16 has been done by Planning Staff and Planning Commission members; 17 18 WHEREAS, amendments to the 2016 Comprehensive Plan Policy Document and 19 Reference Handbook would include the revisions attached hereto and made a part 20 hereof and the Seapines Station Design Guidelines, March 2017, attached hereto and 21 made a part hereof; and 22 23 WHEREAS, the Planning Commission at its March 8, 2017 public hearing 24 recommended the approval of the attached revisions to the 2016 Comprehensive Plan 25 Policy Document and Reference Handbook in regard to the design guidelines for 26 Seapines Station. 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the 2016 Comprehensive Plan, is hereby amended and reordained to 32 include the revisions and additions attached hereto amending the Policy Document and 33 Reference Handbook. 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0\f•J Barry Frank-n ield, Directo `; B. Kay ii .. ',, Deputy City Attorney Planning D- .artment ) City Attorn- 's Office CA13936/R-1/February 17, 2017 Revisions to the Comprehensive Plan Policy Document and Reference Handbook to add Seapines Station Design Guidelines The Policy Document is recommended to be amended as indicated below, noting that all new text to be added is underlined and all existing text to be deleted is shown in s"�hroug:. Page 1-98 AGENDA FOR FUTURE ACTION RECOMMENDATIONS:Suburban Area • Develop infill development guidelines as a component of the"Special Area Development Guidelines:Suburban Area" in the Reference Handbook. • Develop tools to encourage new investment in declining commercial centers. • Develop tools to assist distressed property owner associations with the preservation and maintenance of neighborhood parks and open spaces. • Revise the Suburban Area section of the Comprehensive Plan as appropriate when sea level rise and recurrent flooding policies are developed and/or adopted by the City Council. • To ensure that the function of Princess Anne Road is not reduced due to numerous access points within Suburban Focus Area 2.1 (North Courthouse), the City should construct all or a portion of at least two lanes of London Bridge/Drakesmile Extended. Reference Handbook The Reference Handbook is recommended to be amended as indicated below, noting that all new text to be added is underlined and all existing text to be deleted is shown in n•'�.,,. hcough. Page D-4 33.Seapines Station Design Guidelines, 2017 SEAPINES STATION DESIGN GUIDELINES CITY OF VIRGINIA BEACH MARCH 2017 ,94 • �., •' `� @s r a Tor 3 -K' +.t / •-�.i• Self,rC .. Seapines Station Design Guidelines CONTENTS DEFINITIONS 2 BACKGROUND &PURPOSE 3 LOCATION 3 RECOMMENDED BUILDING PLACEMENT&SETBACKS 5 RECOMMENDED CONCEPTS FOR BUILDING PLACEMENT&SETBACKS 6 RECOMMENED PARKING CONCEPTS 7 SURFACE PARKING,WALKWAYS &DRIVEWAYS 8 GARAGES 9 PARKING STRUCTURES 9 BUILDING ELEMENTS 10 PLANTINGS &LANDSCAPING,SIDEWALKS 14 OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING 15 Cover: Historic Seapines Station Rail station in front of Princess Anne Country Club, circa 1930. DEFINITIONS Alley—A public right-of-way less than 20 feet in width. Street—A public right-of-way that is greater than 20 feet in width. Impervious Surface—Any surface in the landscape that cannot effectively absorb or infiltrate rainfall, including driveways, roads, parking lots, rooftops, and sidewalks. Surface Parking —An uncovered parking area. Parking Structure —A structure, usually multi-story, exclusively for vehicle parking. City of Virginia Beach 2 Seapines Station Design Guidelines SEAPINES STATION DESIGN GUIDELINES BACKGROUND & PURPOSE Concerned with current redevelopment trends in " the Seapines Station area of the oceanfront, the .. Planning Commission requested Staff to prepare a guidelines related to site layout, architectural 3 `� f elements, scale and massing, parking, and plantings. The Voluntary Seapines Station • Guidelines provide recommendations to encourage mnu "� a quality streetscape and built environment that reduces emphasis on the garage and parking areas, Single-family houses in Seapines Station provides appropriate massing and treatment of buildings, accommodates large porches, and -" r increases plant material along street frontages. The Guidelines can be used as a resource for - c property owners, builders, and developers considering development opportunities within — -0 Seapines Station. The Guidelines will offer standards for Staff, and appointed and elected officials •' .41110e evaluating these development proposals. Apartment building on 33" Street LOCATION The location of the study area is between 32nd Street and 35th 1/2 Street east of Holly Road, and mid-block between Arctic Avenue and Pacific Avenue. The typical building types in the area include single-family homes, duplexes, townhouses, and two-story apartments. Typical lots are 50 feet by 140 feet, oriented south to north, with frontage on both street and alley. The zoning for most of the area is apartment district, which allows duplexes, townhouses and apartments. City of Virginia Beach 3 Seapines Station Design Guidelines lir SEA p1NeS' 35N"Au. • N T. S o r -.. -0 ;. r * 35H SI • 0 a • 3a��Sl • 4111 ii 1111 0 i .. 1 • i , • • . iii lilt t • * li II"' , . 4 le 1114�► n 3RD S-'" n -n n ' iir m III C. .n 2 k 32141) Gr Z m i o 0 N n Legend Seapines Station 0 7r. '50 300 Feet Bounao ry Boundary Map City of Virginia Beach Department of Disclaimer -c- Fie a, ac noses o , .a, a-.:3' Planning&Community Development City of Virginia Beach 4 Seapines Station Design Guidelines RECOMMENDED BUILDING PLACEMENT &SETBACKS • The minimum front yard setback for a dwelling is 10 feet (excluding the garage). • The minimum setback for a porch adjacent to a street or alley is 5 feet. • Porch steps may encroach into the setback. • The side yard setback is 8 feet from the property line. • Architectural elements (i.e. bay windows, chimneys, balconies) and wall projections may project into the side yard setback up to 3 feet from the structure, for up to 10 feet in width at a time, to break up the expanse of the side wall. • The minimum rear yard setback for a dwelling along the alley is 10 feet (excluding the garage). • Garages facing the alley should be setback 20 feet from the alley. • A one-car garage can face a street (with a right-of-way wider than 20 feet) when it is setback 36 feet from the front property line. • A minimum separation distance of 15 feet should be maintained between front and rear detached dwellings. 10 REAR SETBACK FROM/ 8'SIDE SETBACK FROM PROPERTY UNE TO EXTERIOR PROPERTY LINE TO EXTERIOR DWELLING WALL DWELLING WALL 5'SIDE SETBACK FROM PROPERTY UNE TO ARCHITECTURAL ELEMENTS AND WALL PROJECTIONS /� — UNDER 10'IN LENGTH 10'FRONT SETBACK FROM �---- PROPERTY LINE TO EXTERIOR '� DWELLING WALL --- --- ---fs 5'FRONT SETBACK FROM ` PROPERTY LINE TO PORCHES \ ` / / AND BALCONIES \ 120' 170' ROPERrl/Nf / /�'1// i• J 5S 4,1 H4. 40'-75' / / <i: COMPATIBLE SETBACK CHARACTERISTICS City of Virginia Beach 5 Seapines Station Design Guidelines POTENTIAL CONCEPTS FOR BUILDING PLACEMENT& SETBACKS* �—PERMEABLE / PAVEMENT —/ — — I " I i PERMEABLE PAVEMENT --� PERMEABLE - PAVEMENT 3-STORY j , 1600 SF UNIT / POTENTIAL —_______ ---- ---- GARAGE V. 2-1/2 STORY 2-1/2 STORY F 3-STORY ¢ F "' w 1600 SF UNIT 1200 SF 1200 SF �ll p Q d GARAGE GARAGE in ' O 4 UNIT UNIT y <. ' I w w 3-STORY Q < GROUND LEVEL 5 1600 SF UNIT ce '. POkCH, I 0 0 UPPER LEVEL BALCONY I '' I 2-1/2 STORY 2-1/2 STORY10• I 1800 SF 1800 SF l —' EVERGREEN J I STREET TREES V r HEDGE UNIT UNIT &FOUNDATION Y 13' I PLANTINGS I 160000 SF SF UNIT PAVEMENT E -I I 1,', , I FIRST 10'OF GROUND LEVEL —J DRIVEWAY OFF --1 i `. PORCH. C OFA STREET 10 1�►' UPPER LEVEL — ' WIDER THAN 20 ,I BALCONY --9'--I 10' SHOULD BE NO SPEW 6-' WIDER THAN 9' SIDEWALK L STREET TREES 1111 &FOUNDATION STREET STREET PLANTINGS 50'x140' INTERIOR LOT F50'x140' MULTI-FAMILY CORNER --TH CONFIGURATION EXAMPLE o tc' 2C LOT CONFIGURATION EXAMPLE 0 10' 20' *Each property varies in size, shape and location; therefore, the ultimate layout's number of units will vary from the graphics above. City of Virginia Beach 6 N Seapines Station Design Guidelines POTENTIAL PARKING CONCEPTS POTENTIAL ANCILLARY DUPLEX PRINCIPAL STRUCTURE . 1 ---/- _ _ _ r- - /7... ..... _ ,- 1 - - L — - 71 e ' — _ - F= I t - I I -I` - 1 I ' f _ ,I` _ - — I I I _ _ — � — I ./--- ._ — i I -f � >LEY _ � � I ,r y - - _ T 1 ,!_7 p j AO" -I` — } - - — - _ ' 1 IIIA._/1 I-0 1 If I I /I 4- _ K; 1 1 1 oa - I �) I I I1 Ll_1 1 pRI ERTY UNE 15•--__24 I — I I 1/ LP REAR PARKING SPACES FRONT GARAGE PLACEMENT SINGLE STACK PARKING ftir, SPACES AND DRIVEWAY FRONT LOADED PARKING AND GARAGES POTENTIAL PRINCIPAL DUPLEX ANCILLARY UNIT .. STRUCTURE / I I - -r 11 ' —I— ` — � I r � . / I I I I Z pLl£1 zo'1 - _ i I✓ i I I III-JI 4140 - _ 1 / I 1 / - _ _ _ IArj-/�I 4i - -f' / - - _ _ ` ' — — _ - - it 1)11 I SINGLE-STACK PARKING — 1 1 f�r SPACES AND DRIVEWAY PROPFRTy UNE 15',�e _ _ —11 _i_Y REAR GARAGE PLACEMENT r — — _ I, 17 Q / ,,, _ _ ylL—./ R/ 'e REAR LOADED PARKING AND GARAGES City of Virginia Beach 7 Seapines Station Design Guidelines SURFACE PARKING, WALKWAYS & DRIVEWAYS • The use of pervious materials for on-site parking, driveways, and walkways is encouraged. • Driveways along right-of-ways greater than 20 feet in width should be limited to 9 feet in width for the first 10 feet. • If more than 2 cars are parked side-by-side, directly off of the alley, there should be a 5-foot landscaped area between parking areas. • No more than 1 parking space should be installed between a building and the right-of-way along streets wider than 20 feet, and a permeable paving system should be used for 100% of the parking area. • For corner lots, parking areas for the multiple units within one building should be on the interior of the lot and accessed via an alley. If street access is necessary, the driveway width should be limited to 9 feet. • A minimum width evergreen hedge of 5 feet should be installed along the length of any driveway that abuts a north/south property line. • Off-street parking should be placed within the property and not hang into the right-of-way. yg iAte` h ' - I.`\ • 1 • 11 - t 9�:: 11 III :{ ,- r •- i. -,'(,•-• �': .. s t . mo _ -- ma ma rrp f FiliAlir.. Driveway runners Recessed garage with quality door treatment City of Virginia Beach 8 immommommi omur Seapines Station Design Guidelines GARAGES • Garages should not act as a focal point and should be located on the side or the rear of the property. • Two-car garage doors are discouraged. • Garage doors should not face streets wider than 20 feet, whether for a duplex, townhouse, row house or for multiple units in one building. • Fabric and prefabricated metal carports are strongly discouraged. • When appropriate, incorporate roof overhangs above garages in order to soften their visual impact. •_ - fir' - " 1.11 NINO OHO �; mu, 111111111111 1111 _ • Alley parking for multifamily dwellings PARKING STRUCTURES • Parking Structures should be screened from the street by the building and as required by the City of Virginia Beach Landscaping Guide. • Masonry, siding, or stamped poured in place concrete finishes are recommended over precast concrete panels and blank concrete finishes. City of Virginia Beach 9 Seapines Station Design Guidelines BUILDING ELEMENTS HEIGHT • The recommended maximum height between 33rd Street and 35th Street east of Arctic Avenue is 45 feet. • The recommended maximum height between 33rd Street and 35th Street west of Arctic Avenue is 35 feet. • The recommended maximum height south of 33rd Street is 35 feet. • The recommended maximum height north of 35th Street is 35 feet. Sip PINES Cr 351.H"ASF o V% v S O 351""ALF SS A a4 �;:z::<s_;:;.-- O 351"SS 341N"Al- I.- ` 341: 1 - - Rp , n 4 yeti m '. s G 32ND S C -o 0 0 Recommended Maximum Height Seapines Station T I 135 feet Height Map 45 feet City of Virginia Beach Department of DnNmr aer For general planningpurposes on')Januar,2017 Planning&Community Development City of Virginia Beach 10 r Seapines Station Design Guidelines FAcADETREATMENT, BUILDING FEATURES & MASSING • Multi-family buildings should be designed to evoke the look of a large • single-family dwelling. • Break development into separate buildings or vary roof heights and r x, vertical planes to reduce the r ' ' 1 '4 appearance of bulk. Consideration should be given to separate ' IIIA structures rather than a large scale �` %! I t � , ', single building. g .y;`, ; • Entryway spacing should be designed to create a rhythm and visual I; continuity. • Blank walls detract from pedestrian- friendly streets and should be avoided. Wall projections, deep t, Y ° ;!, ., recesses, changes in material and ` 04- ..,. color, bay windows, chimneys, and Rowhouses other changes in the vertical plane are encouraged to reduce apparent Mc ;ter mass. . / ,, / .!- / • Reduce repeated facade elements 7- c1:. ; . Y with changes in pattern of window . placement, porch size, porch railing, rr"' nAN € ' porch roof, dormer roof style, and . 1)4 t'r roof accent materials (i.e. standing seam metal roof). U "` • Siding should include high quality Wit ''` .4• materials that stand up over time to - ® the effects of salt spray and wind. , - Use of masonry and cement - r fiberboard is encouraged. r-sx ' • Incorporate window sizes and " - proportions that are proportionate to Use of wall projections the main structure and consistent throughout the design. Discouraged is the use of taller windows in the second story and above. City of Virginia Beach 11 Seapines Station Design Guidelines • Roof projections and dormers, porches, and entryways are encouraged in order to soften the // scale and mass of the home. " •, • Flat roofs are discouraged. Roof i. . . ",• `-. ' - 111forms and roof lines should be /Of broken into a series of smaller = " '' I,.-'" building components when viewed M; from the street to reflect the scale of " �� i the neighborhood or site. Long, T linear, unbroken rooflines that exceed - 50 feet are discouraged. Example of desirable building elements and features, such as having a porch,varied facade, and high quality building • Maintain similar roof pitches, materials. materials, and treatments for all roofs to ensure a unified design. PORCHES AND BALCONIES FOR DUPLEX, TOWNHOUSE& ROW HOUSE DESIGN 1 , _= , 4• ,; ' • A minimum depth of 5 feet from the i j ..x6:„,'---4e` exterior wall is recommended for , -_.. a° E ! kz, gc porches and balconies. �-• ..,. • A porch should be along at least 50% ` of the width of the dwelling and should face the street or an alley. - ' t,> • Corner lots should incorporate wi porches extending along both streets. `- • Open, unenclosed and unscreened Porches on duplexes porches should be incorporated into dwelling design in order to promote community interaction. • Columns should have a minimum width of 8 inches. • Solid knee/partial walls that are not semi-transparent are discouraged when facing streets or alleys. Baluster and other open railing systems are preferred. City of Virginia Beach 12 Seapines Station Design Guidelines UPPER STORY DESIGN STANDARDS FOR DUPLEX. gar .-:.- TOWNHOUSE & ROW HOUSE STYLE BUILDINGS • As "stacked box" designs are discouraged, structures should be designed with 2.5 stories. ,> • The upper story floor plan should have a smaller footprint than the lower floor(s) and be designed I o x' with architectural design features such as roof MUM �j(� �� � dormers, shed dormers, balconies, and step backs. I Fut, • Upper floors should step back to allow room for the canopy of streetfront trees to grow. Discouraged "stacked box" massing ;41;4 i (�. ➢ , ` j j' lii11I� F _ Porches on rowhouses City of Virginia Beach 13 I 1 Seapines Station Design Guidelines PLANTINGS & LANDSCAPING • Landscaping along street fronts should . ` frame, soften, and embellish the quality of ` the residential environment. .$ ,i S i • Planted areas should be designed to aid in w stormwater management, where possible. ry • Plant species selected for sites should be - - . tolerant of oceanfront conditions. ._ • Fencing along right-of-ways and alleys should be 50%transparent and limited to 4 . feet in height. Sidewalk and plantings along street • Plantings and low fences should be used to conceal year-round mechanical equipment and and trash receptacles from view from any if right-of-way. "4 Healthy, mature canopy trees should be �� • r preserved to the greatest extent possible. • Street trees should be planted along right- I7 I, /j of-ways on infill lots and for redevelopment : __ sites. - • At least 1 of the required residential trees ii should be planted in the front of a new dwelling. i r _1 it SIDEWALKS f` • Sidewalks, with a minimum width of 5 feet, '`4 should be installed along a lot's entire e+'.. x .. frontage in any right-of-way wider than 20 -47' '''' ''. :• feet. • 7 P Sidewalk and plantings along street City of Virginia Beach 14 Seapines Station Design Guidelines OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING Four or more units should provide community spaces such as: • An open space area that is usable and contains a minimum 200 square feet and be at least 15 feet wide at its narrowest. • Community garden with a minimum 150 square feet. • Porches with a minimum depth of 8 feet. • Balconies with a minimum depth of 6 feet. • An accessible Green Roof. , s • •• . f Community open space Green roof tea-- • +fir Community garden City of Virginia Beach 15 Applicant City of Virginia Beach Agenda Item gi\B Public Hearing March 8, 2017 2016 Comprehensive Plan Amendment—Amending the Policy Document to Reference and Identify Seapines Station and to 1 0 Virginia Beach Amend the Reference Handbook to Add the Voluntary Design Guidelines for Seapines Station in Reference to Design Components Descriptive Summary of the Comprehensive Plan Amendment The City of Virginia Beach Comprehensive Plan, It's Our er!m Future: A Choice City, was adopted on May 17, 2016 and has been subsequently amended. The proposed amendment to the Comprehensive Plan is the result of implementing the "Agenda for Future Action" in Chapter 1, Section 1.3—Suburban Area, which reads: 4104 0.4 • Study the area between Holly Road and Pacific '`'"' Avenue, north of 32nd Street to 42nd Street (the • � � w a ,li r southern boundary of North End SFA)to O determine need for infill development andis4I redevelopment policies and design guidelines. #11+ t `a* OV5A workgroup was formed in May 2016, consisting of ild1St two Planning Commission liaisons and Staff from the .., Department of Planning& Community Development. Following study of the area, including development and 1% !` redevelopment trends in the neighborhood,the workgroup developed the proposed Seapines Station i lig Design Guidelines. The Guidelines, which were . presented to the community in January,will provide r Staff,the Planning Commission and City Council with Legend T guidance for discretionary actions within Seapines Seapines Station x 4M DE"""-- Boundary Map Station. City of vnginu Beach Department of o...._ ..-+............«,«...x„ Piammng3CommumtyDevelopment Staff recommends approval of the attached Guidelines, the proposed Comprehensive Plan amendment and the ordinance. City of Virginia Beach Comprehensive Plan Amendment—Seapines Station Design Guidelines Agenda Item 10 Page 1 Amendment to Comprehensive Plan Revisions to the Comprehensive Plan Policy Document and Reference Handbook to add Seapines Station Design Guidelines The Policy Document is recommended to be amended as indicated below,noting that all new text to be added is underlined and all existing text to be deleted is shown in ctfiketbrougk. Page 1-98 AGENDA FOR FUTURE ACTION RECOMMENDATIONS:Suburban Area • Develop infill development guidelines as a component of the"Special Area Development Guidelines:Suburban Area"in the Reference Handbook. • Develop tools to encourage new investment in declining commercial centers. • Develop tools to assist distressed property owner associations with the preservation and maintenance of neighborhood parks and open spaces. • Revise the Suburban Area section of the Comprehensive Plan as appropriate when sea level rise and recurrent flooding policies are developed and/or adopted by the City Council. • To ensure that the function of Princess Anne Road is not reduced due to numerous access points within Suburban Focus Area 2.1(North Courthouse),the Gty should construct all or a portion of at least two lanes of London Bridge/Drakesmile Extended. 4•1•_sr4h ...b-a-d-'ye''^rth-EndsFP)•e de•vmwe n d d clopm— --a rJ_.___-__•.alis __l J__:__guideine. Reference Handbook The Reference Handbook is recommended to be amended as indicated below,noting that all new text to be added is underlined and all existing text to be deleted is shown in siirilietivisistth. Pag 33.Seapines Station Design Guidelines,2017 City of Virginia Beach Comprehensive Plan Amendment-Seapines Station Design Guidelines Agenda Item 10 Page 2 Ordinance 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN POLICY 3 DOCUMENT AND TO AMEND THE 4 REFERENCE HANDBOOK TO ADD THE 5 VOULTARY DESIGN GUIDELINES FOR 6 SEAPINES STATION IN REFERENCE TO ] DESIGN COMPONENTS 8 9 WHEREAS,the public necessity,convenience,general welfare and good zoning 10 practice so require: 11 12 WHEREAS, the 2016 Comprehensive Plan Policy Document includes a 13 recommendation to "study the area between Holly Road and Pacific Avenue, north of 14 32n° Street to 42"° Street (the southern boundary of North End SFA) to determine the 15 need for int!!! development and redevelopment policies and design guidelines" which 16 has been done by Planning Staff and Planning Commission members; 17 18 WHEREAS,amendments to the 2016 Comprehensive Plan Policy Document and 19 Reference Handbook would Include the revisions attached hereto and made a pad 20 hereof and the Seapines Station Design Guidelines. March 2017, attached hereto and 21 made a part hereof;and 22 23 WHEREAS, the Planning Commission at its March 8, 2017 public hearing 24 recommended the approval of the attached revisions to the 2016 Comprehensive Plan 25 Policy Document and Reference Handbook in regard to the design guidelines for 26 Seapines Station. 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 29 BEACH,VIRGINIA: 30 31 That the 2016 Comprehensive Plan, is hereby amended and reordained to 32 include the revisions and additions attached hereto amending the Policy Document and 33 Reference Handbook. 34 Adopted by the Council of the City of Virginia Beach,Virginia.on the _ day of .2017 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: un��Ddnir i�i 1, e .uity Parry Frank n rim Direct B Kay il�Deputy City Attorney Planning D artment City Attorney s;OR¢e CA13936vR-PFebrnzry 17 2017 City of Virginia Beach Comprehensive Plan Amendment—Seapines Station Design Guidelines Agenda Item 10 Page 3 SEAPINES STATION DESIGN GUIDELINES CITY OF VIRGINIA BEACH MARCH 2017 x Sr' \i�.1- g 4',.1P F t X' 11 ►� e Seapines Station Design Guidelines CONTENTS DEFINITIONS 2 BACKGROUND &PURPOSE 3 LOCATION 3 RECOMMENDED BUILDING PLACEMENT&SETBACKS 5 RECOMMENDED CONCEPTS FOR BUILDING PLACEMENT&SETBACKS 6 RECOMMENED PARKING CONCEPTS 7 SURFACE PARKING,WALKWAYS&DRIVEWAYS 8 GARAGES 9 PARKING STRUCTURES 9 BUILDING ELEMENTS 10 PLANTINGS& LANDSCAPING,SIDEWALKS 14 OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING 15 Cover: Historic Seapines Station Rail station in front of Princess Anne Country Club, circa 1930. DEFINITIONS Alley—A public right-of-way less than 20 feet in width. Street—A public right-of-way that is greater than 20 feet in width. Impervious Surface—Any surface in the landscape that cannot effectively absorb or infiltrate rainfall, including driveways, roads, parking lots, rooftops, and sidewalks. Surface Parking —An uncovered parking area. Parking Structure—A structure, usually multi-story, exclusively for vehicle parking. City of Virginia Beach 2 Seapines Station Design Guidelines SEAPINES STATION DESIGN GUIDELINES BACKGROUND & PURPOSE Concerned with current redevelopment trends in • the Seapines Station area of the oceanfront, the • d Planning Commission requested Staff to prepare guidelines related to site layout, architectural t = elements, scale and massing, parking, and plantings. The Voluntary Seapines Station ;- lam_ ._ _411/ Guidelines provide recommendations to encourage „„,„ a quality streetscape and built environment that 4 • - • --4084111 `" reduces emphasis on the garage and parking areas, Single-family houses in Seapines Station provides appropriate massing and treatment of buildings, accommodates large porches, and •.4., ij t, r increases plant material along street frontages. The Guidelines can be used as a resource for property owners, builders, and developers considering development opportunities within Seapines Station. The Guidelines will offer standards for Staff, and appointed and elected officialsF V evaluating these development proposals. ~ Apartment building on 33" Street LOCATION The location of the study area is between 32nd Street and 35th 1/2 Street east of Holly Road, and mid-block between Arctic Avenue and Pacific Avenue. The typical building types in the area include single-family homes, duplexes, townhouses, and two-story apartments. Typical lots are 50 feet by 140 feet, oriented south to north, with frontage on both street and alley. The zoning for most of the area is apartment district, which allows duplexes, townhouses and apartments. City of Virginia Beach 3 Seapines Station Design Guidelines yak SEA p`NES 35H NALr •N 1 2. rn 0 351 73 73 v ° 3,r(N SZ d 4 . .. F a s, __0 • * r 3�34.01SS ILA III ,• II • � imio A ; .__ . .. . is vii It - - i: Jaw Ist 4 1 0 gotiNt-f sl a 4\ t •� •• o .,.. . ., . . . .„. , iitil sik . ... _ ,,.. , ,-, T,,,, _ ... 01 . . 7G m ; of �� 4 a i V32ND SZ IS i o 0 N n Legend Seapines Station 0 75 150 300 allBoundaryBoundary Map Feet City of Virginia Beach Department of Disclaimer For general planning purposes only January 2017 Planning&Community Development City of Virginia Beach 4 Seapines Station Design Guidelines RECOMMENDED BUILDING PLACEMENT & SETBACKS • The minimum front yard setback for a dwelling is 10 feet (excluding the garage). • The minimum setback for a porch adjacent to a street or alley is 5 feet. • Porch steps may encroach into the setback. • The side yard setback is 8 feet from the property line. • Architectural elements (i.e. bay windows, chimneys, balconies) and wall projections may project into the side yard setback up to 3 feet from the structure, for up to 10 feet in width at a time, to break up the expanse of the side wall. • The minimum rear yard setback for a dwelling along the alley is 10 feet (excluding the garage). • Garages facing the alley should be setback 20 feet from the alley. • A one-car garage can face a street (with a right-of-way wider than 20 feet) when it is setback 36 feet from the front property line. • A minimum separation distance of 15 feet should be maintained between front and rear detached dwellings. 10'REAR SETBACK FROM 8'SIDE SETBACK FROM PROPERTY UNE TO EXTERIOR PROPERTY LINE TO EXTERIOR DWELLING WALL DWELLING WALL 5'SIDE SETBACK FROM PROPERTY LINE TO ARCHITECTURAL ELEMENTS AND WALL PROJECTIONS UNDER 10IN LENGTH / 10"FRONT SETBACK FROM / �� PROPERTY LINE TO EXTERIOR ^ / DWELLING WALL , , 5'FRONT SETBACK FROM �/� PROPERTY LINE TO PORCHES AND BALCONIES PROpfRTI, �\, �` 120' 170' U�VE \"\\ �'F Z1P COMPATIBLE SETBACK CHARACTERISTICS . City of Virginia Beach 5 Seapines Station Design Guidelines POTENTIAL CONCEPTS FOR BUILDING PLACEMENT& SETBACKS* ALLEY PERMEABLE PAVEMENT II 1 I PERMEABLE 1/ PAVEMENT — PERMEABLE PAVEMENT 3-STORY 1600 SF UNIT C \ I POTENTIAL GARAGE YAil w w2-1/2 STORY 2-1/2 STOR3 .- 3-STORY 1200 SF 1200 SF I re O 1600 SF UNIT Q GARAGE GARAGE 1- v� O UNIT UNIT 1 • iF r' w w GROUND LEVEL 5 3-STORY ¢O Q -x PORCH, 1600 SF UNIT Q I I UPPER LEVEL 1 BALCONY I 2-1/2 STORY 2-1/2 STORY 10' �t 5'EVERGREEN 1800 SFT UNIT j STREET TREES F - HEDGE r3 &FOUNDATION 3-STORY PLANTINGS 1600 SF UNIT PERMEABLE '' I PAVEMENT :'-I ;I FIRST 10'OF GROUND LEVEL DRIVEWAY OFF '- ' - PORCH, OFA STREET X10' UPPER LEVEL I WIDER THAN 20 I I BALCONY r 10' SHOULD BE NO IF $1, 5' -- - >- I WIDER THAN 9' SIDEWALK STREET TREES &FOUNDATION STREET STREET PLANTINGS 50'x140' INTERIOR LOT I I 1 50'x140' MULTI-FAMILY CORNER I CONFIGURATION EXAMPLE 0 10' 20' LOT CONFIGURATION EXAMPLE 0 '0 20 *Each property varies in size, shape and location; therefore, the ultimate layout's number of units will vary from the graphics above. City of Virginia Beach 6 Seapines Station Design Guidelines POTENTIAL PARKING CONCEPTS POTENTIAL ANCI LMY DUPLEX PRINCIPAL STRUCTURE , 1 - -r- .._ _ ,r- -I - _11/7_ ..... PLLEV - I - T I I__ - f -1.) 7 -- - / I I((}_/1 1 1 1 k - ,_ Illi rl /I / ! /yam ` �,� - +Ill I ! PROPERTYUNE �i5•`�e ..... ` I - --- II I? - - - - -il--1 REAR PARKING SPACES FRONT GARAGE PLACEMENT- SINGLE-STACK PARKING .4 SPACES AND DRIVEWAY FRONT LOADED PARKING AND GARAGES POTENTIALPRINCIPAL DUPLEX ANCILLARY UNI ..1/- --i- -i/ / iii _ /I I - -f II + —I_ — y II 1 I /1 / � ' � 11 � I , I la-20. _ _C '( 1 1 I I I IW-jI _ - — - - + , -I- - '1I 1 /' - - l�,I JII I / I 1 / - - - 1 /j-IIIi SINGLE-STACK PARKING _ IIII H SPACES AND DRIVEWAY pROpERTv IS�-�,- - - •-• - - -11.0 REAR GARAGE PLACEMENT UNE - - - II/`'-17 $ t.W LI REAR LOADED PARKING AND GARAGES City of Virginia Beach 7 Seapines Station Design Guidelines SURFACE PARKING,WALKWAYS & DRIVEWAYS • The use of pervious materials for on-site parking, driveways, and walkways is encouraged. • Driveways along right-of-ways greater than 20 feet in width should be limited to 9 feet in width for the first 10 feet. • If more than 2 cars are parked side-by-side, directly off of the alley, there should be a 5-foot landscaped area between parking areas. • No more than 1 parking space should be installed between a building and the right-of-way along streets wider than 20 feet, and a permeable paving system should be used for 100% of the parking area. • For corner lots, parking areas for the multiple units within one building should be on the interior of the lot and accessed via an alley. If street access is necessary, the driveway width should be limited to 9 feet. • A minimum width evergreen hedge of 5 feet should be installed along the length of any driveway that abuts a north/south property line. • Off-street parking should be placed within the property and not hang into the right-of-way. ,, 7 - 011 . 0- --...,_,.. - ,,,,,..,„ -N,,,, . , .... . , „ ,;,,,-- ...,:. . . , . ..... _ illyE 1' _. .. • R I {111111 TH . .v.,..,...,„ .,,,.... ,,,,..,„..,..,,,....0,.., . .,. • ...,:_., ..„....„:„..,..„7 ...... ,,„,.. . .4 ': /-'.-.':1--1 ', OA_ may” Driveway runners Recessed garage with quality door treatment City of Virginia Beach 8' Seapines Station Design Guidelines GARAGES • Garages should not act as a focal point and should be located on the side or the rear of the property. • Two-car garage doors are discouraged. • Garage doors should not face streets wider than 20 feet, whether for a duplex, townhouse, row house or for multiple units in one building. • Fabric and prefabricated metal carports are strongly discouraged. • When appropriate, incorporate roof overhangs above garages in order to soften their visual impact. `' ! -�..' I+Y 7.i fir+ 4* O NUM • E •• '-;• 1111 .m u,.. 1111 I��� NEIN ••• • • 7-77•w Alley parking for multifamily dwellings PARKING STRUCTURES • Parking Structures should be screened from the street by the building and as required by the City of Virginia Beach Landscaping Guide. • Masonry, siding, or stamped poured in place concrete finishes are recommended over precast concrete panels and blank concrete finishes. City of Virginia Beach 9 Seapines Station Design Guidelines BUILDING ELEMENTS HEIGHT • The recommended maximum height between 33rd Street and 35th Street east of Arctic Avenue is 45 feet. • The recommended maximum height between 33rd Street and 35th Street west of Arctic Avenue is 35 feet. • The recommended maximum height south of 33rd Street is 35 feet. • The recommended maximum height north of 35th Street is 35 feet. SEA PINES CI 35IN"P.°5 y -o Z PpU-F SS a A r 73 G v- 351"SI 304 1411/4 SI so HSI II 4 • .. , 0\f,,' 33RD Np,LF SI \ ----:----- ------1\ '' q n 0111 T T 73 11010111 C$ Z VY 9� 32ND SI s o 0 TN Recommended Maximum Height Seapines Station T 0 75 150 23i ee. f I 35 feel Height Map 45'eel City of Virginia Beach Department of D,sciaeoer For general dannmgpurposesonly January 20 t7 Planning&Community Development City of Virginia Beach 10 Seapines Station Design Guidelines FAcADE TREATMENT, BUILDING FEATURES & MASSING • Multi-family buildings should be designed to evoke the look of a large single-family dwelling. • Break development into separate 4 buildings or vary roof heights and [t .. -II vertical planes to reduce the r ! J ' i• appearance of bulk. Consideration - should be given to separate ;, structures rather than a large scale i �`;- viii e ,sec er 41 single building. /° n w'; / er' i',111,,, 41 • Entryway spacing should be designed r1.4-',..., C to create a rhythm and visual f ' �� I - fi.�, ; , r:•. k, i 1 I continuity. 17.7 , •• Blank walls detract from pedestrian- ,11,_.:4. .,)-7,(,::, -. .-- ,1 ,x ;. ' .' .. friendly streets and should be �` .f t�' .,�r t`r t • �'� ` a .;fir'• ; �. .�; .. avoided. Wall projections, deep ' ,;; recesses, changes in material and color, bay windows, chimneys, and Rowhouses other changes in the vertical plane are encouraged to reduce apparent p .-r mass. • Reduce repeated facade elements - with changes in pattern of window _ ;µ�t placement, porch size, porch railing, .� r r porch roof, dormer roof style, and Ili roof accent materials (i.e. standing - - - seam metal roof). o I • Siding should include high quality materials that stand up over time to 111 the effects of salt spray and wind. , �; Use of masonry and cement 'f,x fiberboard is encouraged. Ili.,-....,;;;::::.., •• Incorporate window sizes and - proportions that are proportionate to Use of wall projections the main structure and consistent throughout the design. Discouraged is the use of taller windows in the second story and above. City of Virginia Beach 11 Seapines Station Design Guidelines • Roof projections and dormers, porches, and entryways are encouraged in order to soften the scale and mass of the home. 0 .40, -- - `7r-Ir. _ is • Flat roofs are discouraged. Roof forms and roof lines should be I IIS -., broken into a series of smaller ' ice_ building components when viewed •r ■ from the street to reflect the scale of _ , • Ilk the neighborhood or site. Long, _11 1 nI .is�k. , linear, unbroken rooflines that exceed "- 50 feet are discouraged. Example of desirable building elements and features, such as having a porch,varied facade, and high quality building • Maintain similar roof pitches, materials. materials, and treatments for all roofs to ensure a unified design. PORCHES AND BALCONIES FOR DUPLEX, zi TOWNHOUSE & ROW HOUSE DESIGN Il \ • �>, • L; ,, • A minimum depth of 5 feet from the _' ;%��• - exterior wall is recommended for %. vp porches and balconies. ,, "..-- {` • A porch should be along at least 50% of the width of the dwelling and L'' .... . should face the street or an alley. -,il • Corner lots should incorporate .m _ porches extending along both streets. "�"".or- - _. _ • Open, unenclosed and unscreened Porches on duplexes porches should be incorporated into dwelling design in order to promote community interaction. • Columns should have a minimum width of 8 inches. • Solid knee/partial walls that are not semi-transparent are discouraged when facing streets or alleys. Baluster and other open railing systems are preferred. City of Virginia Beach 12 Seapines Station Design Guidelines UPPER STORY DESIGN STANDARDS FOR DUPLEX, TOWNHOUSE & ROW HOUSE STYLE BUILDINGS . . • As "stacked box" designs are discouraged, L structures should be designed with 2.5 stories. I r • The upper story floor plan should have a smaller ' �,� footprint than the lower floor(s) and be designed -,i , i or . • _ with architectural design features such as roof i ' ' 11111011,;11,10,1,1'41 11����',��� ;�(�Q�� • "`r dormers, shed dormers, balconies, and step backs. I n 10" ,�,r • Upper floors should step back to allow room for the canopy of streetfront trees to grow. "�� ) ' i �� �,�II Ih �l II �UI� Discouraged"stacked box" massing ": moi 1- rr it II m 4t All i Porches on rowhouses City of Virginia Beach 13 Seapines Station Design Guidelines PLANTINGS & LANDSCAPING • Landscaping along street fronts should tilt frame, soften, and embellish the quality of 1 the residential environment. ilk.) ...7 , • Planted areas should be designed to aid in stormwater management, where possible. • Plant species selected for sites should be tolerant of oceanfront conditions. • Fencing along right-of-ways and alleys should be 50% transparent and limited to 4 ` , feet in height. Sidewalk and plantings along street • Plantings and low fences should be used to conceal year-round mechanical equipment and trash receptacles from view from any111111/1 FIIIIIIIID right-of-way. • Healthy, mature canopy trees should be I preserved to the greatest extent possible. • • Street trees should be planted along right- 'Ilk i , , of-ways on infill lots and for redevelopment 14 sites. --------- • At least 1 of the required residential trees .- , should be planted in the front of a new 1 ' U ': dwelling. ' ,,. ;..: ,,�,, ; - z. SIDEWALKS ')11/ • Sidewalks, with a minimum width of 5 feet, • - '` ' • - ` should be installed along a lot's entire • `< ..`i ':,.; '. .'` frontage in any right-of-way wider than 20 r"-::.•4.41'.., •' • -'• ..-, "--, .-- feet. �,. - 1 4.` t #.. .C. .w. Sidewalk and plantings along street City of Virginia Beach 14 Seapines Station Design Guidelines OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING Four or more units should provide community spaces such as: • An open space area that is usable and contains a minimum 200 square feet and be at least 15 feet wide at its narrowest. • Community garden with a minimum 150 square feet. • Porches with a minimum depth of 8 feet. • Balconies with a minimum depth of 6 feet. • An accessible Green Roof. i4-'.A' .'- . T 4, 1 , -- _ .ipluar -- Community open space Green roof s z`-/6111'' reA�'►"... �. .— .417,0, fitly, a`-.. Community garden City of Virginia Beach 15 Item#10 2016 Comprehensive Plan Amendment—Amending the Policy Document to Reference and Identify Sea pines Station and to Amend the Reference Handbook to Add the Voluntary Design Guidelines for Seapines Station in Reference to Design Components March 8, 2017 CONSENT 2016 Comprehensive Plan Amendment—Amending the Policy Document to Reference and Identify Seapines Station and to Amend the Reference Handbook to Add the Voluntary Design Guidelines for Seapines Station in Reference to Design Components. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 10. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0, the Commission approved item 10 for consent. Jonathan Sanders appeared before the Commission. K.APPOINTMENTS BAYFRONT ADVISORY COMMISSION GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Virginia Beach City Council Speaker time Limits ORDINANCES/RESOLUTIONS: Each registered speaker Dill hale three (3) minutes to support the document or express concerns PLANNING ITEMS: Applicants, or their representalis es, ss ill has a len (10) minutes to define the nerd or explain the intent plus three (3) minutes for rebuttal Speakets n ill ha%e three (3) minutes to speak once in floor or opposed. CITY COUNCIL CIP BRIEFINGS, BUDGET WORKSHOP SCHEDULE FOR THE FY 2017-18 RESOURCE MANAGEMENT Tuesday,April 111h Tuesday, April 25th Clerk of Circuit Court Cultural Affairs Tuesday, April 27(h Planning Museums (Called Meeting) Public Utilities Parks and Recreations SI'I ( 1:11 1 O VI11 Public Works Treasurer SI SSION Health Department Commission of Revenue Public l lcarmg b.on IAI Human Services General Registrar l lith Sr h,1(d STIR Office City Attorney Tuesday,April 18th City Auditor City Clerk Virginia Beach City Public Real Estate Assessor's Office Schools Information Technology Tuesday, May 2nd Libraries Finance Reconciliation Workshop Economic Development Human Resources Agriculture Communications Office Convention and Visitors Debt Service Bureau Budget and Management Housing and Neighborhood Services Preservation Non-Departmental Tuesday.May 9th I'I (IA I IOIVIAl City Manager's Office (Called Meeting) SI SSIHA Public I Icortriu () OH I'M Budget and CIP Vote ( it‘ (buncil ('humbci HEAR YE,HEAR YE .11 1.1 i01 III IWO 11101 SAND SEVENTEEN FF\ IS ,l Cllr 1101.II).Y1 BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAY IN JULY 2017 VIRGINIA BEACH CITY COUNCIL. FORMAL SESSIONS WILL BE HELD ON THE SECOND AND TIIIRI) TUESDAY [JULY 11'" AND JULY 18'"1 04/04/2017 tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE03/212017 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E B E W B N E 1 S U B P DNOKMSHLW 0 0 Y I. N A 0 0 R S 0 T R EEENSM I 00 T T R VS ES SNND CITY MANAGER BRIEFING FY 2017-18 RESOURCE MANAGEMENT PLAN(Budget)CIP I. INFORMATION FECIINOLOGY Kevin Fairley, Information Services Administrator 2. WATER/SEWER Peter Pommerenk. Planning and Analysis Manager 11 CITY MANAGER BRIEFINGS I. VETERANS UNITED HOME LOANS Warren Hanis, AMPHITHEATER Director—Economic Development 1 abitha Webster, General Manager 2. INTERIM FINANCIAL REPORT Pari Phillips,Director —Finance /IJV CERTIFICATION OF CLOSED SESSION IVH NI/ SPECIAL FORMAI/CLOSED CERTIFIED 9-0 Y A Y Y Y V Y V V A V VII SESSSION March 14,2017 B A-F S 1 A F F U March 212017 CERTIFIED 10-0 Y V Y Y V V Y YY A Y I'/C. MINUTES: INFORMAL'FORMAL SESSIONS APPROVED 9-0 V A V V V V V Y V A V MARCH 7,2017 B S T A E D CITE OF VIRGINIA REACH SUMMARY OF COUNCIL ACTIONS DATE032E2017 PAGE: 2 D A AGENDA V S ITEM 14 SUBJECT MOTION VOTE A E B E W B N E I S U B PDNOKNIS H LW O 0 Y I. N A 0 0 R S 0 TREE ENSM I 00 T T R Y ' S ES S N N D PUBLIC HEARING: lUl POLLING SITE CHANGES NO SPEAKERS a. Trantwood Precinct Church of the Holy Family at 1279 North Great Neck Road b. Courthouse Precinct to Kellam High School at 2665 West Neck Road c. Foxfire Precinct to Wave Church at 2655 Seaboard Road d. Pleasant Hall Precinct to Emmanuel Episcopal Church at 5181 Singleton Way e. Bitterest Precinct to New Castle Elementary School at4136 Darn Neck Road FI/2 LEASES OF CITY-OWNED PROPERTY- NO SPEAKERS Café Franchises • 204 Grill Cafe b. Abbey Road Café Barclay Towers Café d. Calypso Bar&Grill e. Dough Boys Four Sails g 235'Street Bistro h Luna Sea i. Mahi Mah's �. Mahi Mah's T. Neptune's Restaurant I Oceanhouse Waterfront m. Pier 23 n. Timbuktu Cafe 1 PUBLIC COMMENT: I. MARTIN LUTHER KING,JR,HIGHWAY 5 Speakers DESIGNATION lila Ordinances to AMEND the City Code ADOPTED,BY 9-I V V Y Y Y V N Y Y A Y §2-83-2 Funeral leave CONSENT lb Ordinances to AMEND the City Code: ULFERRED TO 10-0 Y Y Y Y Y TY Y V AT 52-110 re Allow City Manager discretion in 4/4/17.BY pay CONSENT lc Ordinances to AMEND die City Code: DEFERRED TO 10-0 Y Y V V Y TY Y Y AT C 2-117 re Reclassification for career 4/497,BY progression CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03212017 PAGE: 3 D A AGENDA V ITEM N SUBJECT MOTION VOTE A E II E W B N E J S IJ I B P DNOICMS HEW O 0 V L N AOOR S 0 T R EEENSM I 00 T 'f R YS ES SNND Id Ordinances to AMEND the City Code: 10-I Rename Polling places: Trantwood Precinct to Church of the Holy ADOPTED,BY 10-0 Y V V Y V Y V Y V A V Family CONSENT 2 Courthouse Precinct to Kellam High School ADOPTED,BY 10-0 V V Y V V Y V V V A Y Foxfire Precinct to Wave Church CONSENT 3 Pleasant Hall Precinct to Emmanuel Episcopal ADOPTED,BY 10-0 VEY Y V V YYY A Y 4 Church CONSENT 5 Hillcrest Precinct to New Castle Elementary ADOPTED,BY 10-0 Y Y V Y Y Y YY V A V School CONSENT le Ordinances to AMEND the City Code: ADOPTED,AS 10-0 V V Y Y11 Y YYY AY S 18-32 Precious Metal Dealers to increase REVISED,BY Permit fees CONSENT 2 Ordinance to AMEND Resort's Open Air Cafe ADOPTED,BY 10-0 V Y V V Y V Y V Y A V Franchise Regulations CONSENT 3 Ordinance to GRANT Franchise Agreement ADOPTED,BY 9-0 YYY V V V Y5( A A V Iur Open Air Cafes in the Resort Area CONSENT B Barclay Towers Cafe/809 Atlantic Avenue T A N E D Ordinance to GRANT Franchise Agreement ADOPTED.BY 10-0 YE Y V Y Y V YY A V for Open Air Cafés in the Reson Area CONSENT Abbey Road Cafe203 22ns Street Ordinance to GRANT Franchise Agreement ADOPTED,BY 10-0 V V V V Y Y V YY A Y ha Open Air Cafés in the Resort Area CONSENT Calypso Bar&Gri1FI101 Atlantic Avenue Ordinance to GRANT Franchise Agreement ADOPTED,BY 10-0 V Y Y Y V V V V Y A V for Open Air Cafes in the Resort Arca CONSENT Dough Boys/3224 Atlantic Avenue Ordinance to GRANT Franchise Agreement ADOPTED.BY10-0 V V V YY V V YY A Y for Open Air Cafés in the Resort Area CONSENT Four Sails/3301 Atlantic Avenue Ordinance to GRANT Franchise Agreement ADOPTED,BY 10-0 Y Y Y V Y Y Y V Y A Y for Open Air Cafes in the Resort Area CONSENT 23"Street Bistro/2207 Atlantic Avenue CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/212010 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A F H E W B N E J S U I B P DNOK MS II I. W O 0 V LN A 0 0 R SO T R L EENSM I 0 0 T l R TS ES SNND Ordinance to GRANT Franchise Agreement ADOPTED,BY 10-0Y TY Y V V TY V A Y for Open Air Cafés in the Resort Area CONSENT Oeeanhouse Waterfront/1905 Atlantic Avenue Ordinance to GRANT Franchise Agreement ADOPTED,BY 10-0 V V V Y Y Y TY Y A Y for Open Air Cafes in the Resort Area CONSENT Luna Sea/22#1 Street Ordinance to GRANT Franchise Agreement ADOPT ED,BY I0-0 V V Y V V V Y Y Y A Y for Open Air Cafés in the Resort Area CONSENT Mahi Mesh's/615 Atlantic Avenue Ordinance to GRANT Franchise Agreement ADOPTED,BY 10-0 Y YY V V V Y V V A Y for Open Air Cafes in the Resort Area CONSENT Mahi Mah's/615 Atlantic Avenue Ordnance to GRANT Franchise Agreement ADOPTED,BY 10-0 Y Y V V V TY Y V A Y for Open Air Cafes in the Resort Area CONSENT Neptune's Restaurant/2901 Atlantic Avenue Ordinance to GRANT Franchise Agreement ADOPTED,BY 10-0 V V V Y Y V Y V Y A V for Open Air Cafes in the Resort Area CONSENT Pier 23/2224 Atlantic Avenue Ordinance to GRANT Franchise Agreement ADOPTED,BV 10-0Y V Y Y V Y Y Y V A Y kw Open Air Cafes in the Resort Area CONSENT Timbuktu/3107 Atlantic Avenue Ordinance to GRANT Franchise Agreement ADOPTED,BY 10-0 YE V V V V V V V A V for Open Air Cafes in the Resort Area CONSENT 204 Grill Cafe/204 22"'Sweet 4 Resolution to AUTHORIZE/DIRECT the City ADOPTED.BY 8-0 Y Y V V Y V V A A A Y Manager to IMMEDIATELY REPAY the$20- CONSENT B B Million Transportation Partnership Opportunity S S Fund Grant 'acquire acquisition of the forma T T Norfolk-Somhem ROW A A N N F E D D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE93/212019 PAGE: 5 D A AGENDA V ITEM N SUBJECT MOTION VOTE A E H F W B N F 1 S U I B PDNORMS HEW O 0 Y 1. N A 0 0 R S 0 I' R EEENSM 1 0 0 T T R Y S E S SNND 5 Ordinance to AUTHORIZE temporary ADOPTED,BY 9-0 Y Y Y V Y VT AVA V encroachment into a portion of City property CONSENT B known as Treasure Canal re a private pier at the 2248 Windward Shore Drive T DISTRICT 5-LYNNHAVEN A N F D 6 Ordinances to DONATE truck scales from Police (VBPD): 1. Twelve to the Air Force Police 733d Security ADOPFED,BY 10-0 V TY Y YYTT TA A Forces Squadron at Fort Eustis CONSENT 2. Tai(10)to(FEMA)Warehouse ADOPTED,BY 10-0Y Y Y Y TYYT TA A CONSENT K/I SALEM LAKES STORAGE, LLC APPROVEDAS 9-0 YYT TY TV AVA V Modification of Proffers/Conditions re expansion PROFFERED AND B of the building/parking lot at 1980 Salem Road CONDHIONED S DISTRICT I-CENTERVILLE BY CONSENT 'l A N C D 2 1508 DEDHAM,LLC/ACT PARTNERS CUP APPROVED/ 9-0 TYYTT TY AYA Y re Craft Brewery at 2272 West Great NeckRoad CONDITIONED B DISTRICT 5-LYNNHAVEN BY CONSENT T A N E D 3 ROBERT H./DIANA C. DAVIS CUP re APPROVED/ 10-0 V Y V V Y Y Y Y V A V Howe-Based Wildlife Rehabilitation at 1804 CONDITIONED Rainbow Court BY CONSENT DISTRICT I-CENTERVILLE 4 SOIIO LASIIES,LLC/POTTER APPROVED/ 10-0V V YYTYY TY A V PROPERTIES GROUP,LLC CUP re CONDITIONED Tattoo Parlor at 1616 Hilltop West Shopping BY CONSENT Center DISTRICTS-LYNNHAVEN 5 CITY Modification of Conditions re fill for a APPROVED/ 10-0Y V Y Y V V V Y Y AY Borrow Pit at Norfolk-Southern ROW,West of CONDITIONED Air Station Drive BY CONSENT DISTRICT 6-BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/21/2017 PAGE: 6 D A AGENDA V ITEM p SUBJECT MOTION VOTE A E H E W B N F J S U I B P ONOKMSH L W O 0 Y TN A 0 0 R S 0 T R E F E N S M I 0 0 T 1 RES ES SNND GREEN RIBBON COMMITTEE RESCHEDULED BY 10-0 Y1( Y VEY Y YY A Y HUMAN RIGHTS COMMISSION CONSENSUS RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION- VBCDC WORKFORCE HOUSING ADVISORY BOARD JOINT LAND USE POLICY COMMITTEE ADDED/ 10-0 YVVY Y YE Y Y A Y Appointed: Mayor William Sessoms,Jr. Vice Mayor Louis R.Jones NO TERM Mi AJOURNMENT 626 PM N(l