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HomeMy WebLinkAboutOCTOBER 3, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0Nweeq MAYOR WILLIAMO.SESSOMS.JR At-LargeCJy.' VICE MMAYOR LOUIS R.JONES Davide-Dirict 4 JESSICA PABBOTT Kprv(( District 2 M.BENJAMIN DAVENPORT,At Lg. U Irl\`, 1 ,-S ROBERT M.DYER.Centerville District 1 BARBARA Al.HENLEY.Princess AIME Patna 7 SHANNON DS KANE.Rose Hall District 3 JO/LN D.MOSS,At Large JOHN E.UNPIN Beach District 6 °^ •^ ROSEMARY WILSON,At-Large JAMES!. WOOD,4nnhaven-District S CITY HALL BUILDING CITY COUNCIL APPOINTEES I40/COURTHOUSE DRIVE CITY MANAGER DAVID L.Hnh's£N VIRGINIA BEACH. VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS October 3, ZDI7 E-MAIL:C(ycncl vbgoemm CITY CLERK RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room- 4:00 PM A. WILDFIRE 50 Dave Deming, Acting Chief Executive Officer and Chief Financial Officer B. STORMWATER ENTERPRISE FUND AUDIT RESULTS Lyndon Remias, City Auditor II. CITY MANAGER BRIEFINGS A. ARTS ECONOMIC IMPACT STUDY Emily S. Labows, Director—Office of Cultural Affairs Jay H. Dick, Senior Director—Americans for the Arts B. CITY ENERGY MANAGEMENT Lori Herrick, Energy Management Administrator—Public Works C. AMBULANCE REPLACEMENT Ed Brazle, Chief— Emergency Management Services III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room- 5:45 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kenneth R. Pruitt Pastor, Kings Grant Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 19, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code§2-3 re limitation on member terms of the Board of Building Code Appeals 2. Resolution to CONFIRM the Virginia Beach 2018 Legislative Agenda to the Virginia General Assembly for support and sponsorships 3. Resolution to provide"design" DIRECTION for the City Hall Replacement 4. Ordinances to AUTHORIZE temporary encroachments: a. Into portions of City property re bulkhead maintenance and pier replacement at 5136 Overland Road known as Kemps Lake. DISTRICT 2 - KEMPSVILLE b. Into portions of City's rights-of-way re beach landing maintenance at 4536 Ocean View Avenue. DISTRICT 4 - BAYSIDE 5. Ordinances to ACCEPT, APPROPRIATE or TRANSFER: a. $800,000 to the Police Oceanfront Camera Project re installation of Cameras West of Pacific Avenue b. $ 15,000 from the Williams Family Fund to the Virginia Aquarium Foundation, Inc. re Coastal Conservation Garden and Outdoor Adventure Park c. $155,000 to provide an interest free loan to Plaza Volunteer Fire Company and Rescue Squad, Inc.re purchase of a new ambulance d. $ 82,000 to provide an interest free loan to Kempsville Rescue Squad, Inc.re purchase of a new ambulance e. Virginia Task Force 2 Urban Search and Rescue Team: (I) $1,501,013 from Federal Emergency Management Agency re continued operation (2) $1.4 Million from Federal Emergency Management Agency re mobilization to support Hurricane Irma operations (3) $ 400,000 from Federal Emergency Management Agency re mobilization to support Hurricane Harvey operations £ $900,605 from the Fund Balance of the General Fund to the Fire Department at the Fort Story Fire Station I. PLANNING 1. THE ENCLAVE AT PA BC,LLC, DISTRICT 7—PRINCESS ANNE: a. ANTHONY B. HUFFMAN,JR. for a Conditional Change of Zoning from AG-I and AG-2 Agricultural to PD-H2 Planned Unit Development (R-7.5 Residential)to establish Phase 2 at 2754, 2804 and 2808 North Landing Road b. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION,INC., Modification of Proffers to account for the addition of Phase 2 at the North side of North Landing Road, West of West Neck Road (Approved November 22, 2011) Deferred August 15,2017 RECOMMENDATION: APPROVAL 2. GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. and MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST,DISTRICT 7—PRINCESS ANNE: a. Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business APPLICANT REQUESTS TO WITHDRAW b. Conditional Use Permit re a religious use at 2285 London Bridge Road RECOMMENDATION: DENIAL J. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE OF APPEALS GREEN RIBBON COMMITTEE HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers r*********************************,t If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ***********"*********** /tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL IHu eeA MAYOR WILIIAMO SESSOMS JF Al-Large R. V/ELS1LNMAYOR APOKKOAANFt,R eNNFaoSil R D A District 'Idu 4 uQ / • (�\ .1* JESSICA F.ABBOTT KempAle-District 2 Al BENJAMIN ENJ DAIHPORT Ai Large ROBERT M DWILenten-Ile Disirici l BARBARA M HENLEY.Princess Anne District- _ JOHN DMOSS, At Large JOHN E OIIRIN,Beach Dania fi °°• •" ROSEMARY WILSON,A✓Lenge JAMES L. WOOD,Mind:men-Dianas (ITT HALL BUILDING CITY COUNCIL APPOINTEES 240/COURTHOUSE DRIVE C/TY MANAGER DAVID L_NANS'EN VIRGINIA BEAC//, VIRGINIA 23456-9005 (HT ATTORNEY MARKD.STILES CITY COUNCIL AGENDA PHONE(757)3854303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDIIOR LYNDON S.REM/AS E-MAID Clvrnrl@vbgovcom CITY(l FRE RUTH HODGES FRASER.MMC October 3, 2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room- 4:00 PM A. WILDFIRE 5G Dave Deming, Acting Chief Executive Officer and Chief Financial Officer B. STORM WATER ENTERPRISE FUND AUDIT RESULTS Lyndon Remias, City Auditor Il. CITY MANAGER BRIEFINGS A. ARTS ECONOMIC IMPACT STUDY Emily S. Labows, Director—Office of Cultural Affairs Jay H. Dick, Senior Director—Americans for the Arts B. CITY ENERGY MANAGEMENT Lori Herrick, Energy Management Administrator—Public Works C. AMBULANCE REPLACEMENT Ed Brazle, Chief— Emergency Management Services III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:45 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms,Jr. B. INVOCATION: Reverend Kenneth R. Pruitt Pastor, Kings Grant Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 19, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code §2-3 re limitation on member terms of the Board of Building Code Appeals 2. Resolution to CONFIRM the Virginia Beach 2018 Legislative Agenda to the Virginia General Assembly for support and sponsorships 3. Resolution to provide"design" DIRECTION for the City Hall Replacement 4. Ordinances to AUTHORIZE temporary encroachments: a. Into portions of City property re bulkhead maintenance and pier replacement at 5136 Overland Road known as Kemps Lake. DISTRICT 2 - KEMPSVILLE b. Into portions of City's rights-of-way re beach landing maintenance at 4536 Ocean View Avenue. DISTRICT 4 - BAYSIDE 5. Ordinances to ACCEPT, APPROPRIATE or TRANSFER: a. $800,000 to the Police Oceanfront Camera Project re installation of Cameras West of Pacific Avenue b. $ 15,000 from the Williams Family Fund to the Virginia Aquarium Foundation, Inc. re Coastal Conservation Garden and Outdoor Adventure Park c. $155,000 to provide an interest free loan to Plaza Volunteer Fire Company and Rescue Squad, Inc.re purchase of a new ambulance d. $ 82,000 to provide an interest free loan to Kempsville Rescue Squad,Inc.re purchase of a new ambulance e. Virginia Task Force 2 Urban Search and Rescue Team: (1) $1,501,013 from Federal Emergency Management Agency re continued operation (2) $1.4 Million from Federal Emergency Management Agency re mobilization to support Hurricane Irma operations (3) $ 400,000 from Federal Emergency Management Agency re mobilization to support Hurricane Harvey operations £ $900,605 from the Fund Balance of the General Fund to the Fire Department at the Fort Story Fire Station [ BP-to tpf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code § 2-3 Pertaining to the Limitation on Terms of Members of the Board of Building Code Appeals MEETING DATE: October 3, 2017 • Background: The City Code sets forth term limits for City Council's appointees to its boards and commissions. The Board of Building Code Appeals, which has four divisions, must be comprised of appointees with technical and professional expertise and certifications, but the City Code limits the number of consecutive terms that such volunteers may serve on the board. • Considerations: The attached ordinance removes term limits for appointees to the Board of Building Code Appeals. The ordinance would allow those appointees to be reappointed by Council without limitation. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachments: Ordinance Requested by the City k 1 AN ORDINANCE TO AMEND SECTION 2-3 OF 2 THE CITY CODE PERTAINING TO THE 3 LIMITATION ON TERMS OF MEMBERS OF 4 THE BOARD OF BUILDING CODE APPEALS 5 6 SECTION AMENDED: § 2-3 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 2-3 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-3. Limitation on terms of members of boards and commissions; 15 application for appointment of such members. 16 17 (a) Any person appointed to a board or commission of the city shall be limited to: 18 19 (1) Eight (8) consecutive one-year terms. 20 (2) Four(4) consecutive two-year terms. 21 (3) Three (3) consecutive three-year terms. 22 (4) Two (2) consecutive four-year terms. 23 (5) Two (2) consecutive five-year terms. 24 25 The council shall limit its selections to those persons who have submitted 26 applications on forms approved by the council and on file with the city clerk. Each member 27 of the council may review the applications fifteen (15) days prior to the appointment. 28 29 (b) Notwithstanding the provisions of subsection (a) above, City Council may, by an 30 affirmative vote of a majority of all of the councilmembers, reappoint a person to an 31 additional term beyond that permitted by subsection (a) when, by virtue of the unique 32 qualifications of the position or other extenuating circumstances, doing so would serve 33 the best interests of the City. 34 35 (c) Term limits shall not apply to appointees of the Board of Building Code Appeals. 36 The members of each division of the Board of Building Code Appeals shall serve at the 37 pleasure of City Council. 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: _ <_.s�« rm»e • ccE2ecGX (y^ Clerk City Attorney's Office CA14160 R-1 September 26, 2017 Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2018 Legislative Agenda MEETING DATE: October 3, 2017 • Background: City Council traditionally adopts a Legislative Agenda to the General Assembly each year. The Agenda provides the Virginia Beach General Assembly delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. • Considerations: This Agenda was prepared based on input from Councilmembers, Department Directors, and City Council's boards and commissions. • Public Information: A discussion was held with City Council on September 5, 2017. City Council received public comment during its September 19, 2017 meeting, and will also receive public input during the October 3, 2017 Council meeting. • Recommendation: It is recommended that the City Council approve the attached resolution that adopts the 2018 Legislative Agenda and requests that members of the City's local delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth therein. • Attachments: Resolution and 2018 Legislative Agenda. Requested by City Council 1 A RESOLUTION ADOPTING THE CITY'S 2018 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2018 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2018 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2018 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. 30 31 Adopted by the City Council of the City of Virginia Beach, Virginia, this 32 day of , 2017. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Office CA14152 R-1 September 21, 2017 5 ti 4s 4444.0.441444. Of of p %MI° LEGISLATIVE AGENDA GENERAL ASSEMBLY 2018 SESSION August 10, 2017 ii TABLE OF CONTENTS CITY OF VIRGINIA BEACH-CITY COUNCIL iv CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION v SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS vi 1. POST LABOR DAY OPENING FOR SCHOOLS 2 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 2. MORATORIUM ON URANIUM MINING 3 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 3. INCREASED FUNDING FOR MENTAL HEALTHCARE 6 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 4. VOTING RIGHTS 7 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL& THE HUMAN RIGHTS COMMISSION 5. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE S SPONSORED BY CITY COUNCIL MEMBER BARBARA HENLEY 6. MENHADEN FISHING REGULATION 9 SPONSORED BY CITY COUNCIL MEMBERS, MAYOR WILLIAM D. SESSOMS,JR., LOUIS R.JONES,JAMES L.WOOD, & BENJAMIN DAVENPORT 7. A GOVERNOR'S CABINET LEVEL STATE RESILIENCY OFFICER FOR RECURRENT FLOODING 10 SPONSORED BY CITY COUNCIL MEMBER JAMES L. WOOD S. ANIMAL CRUELTY 11 SPONSORED BY CITY COUNCIL MEMBER JAMES L. WOOD 9. CERTIFICATE OF PUBLIC NEED 12 .S'PO.NSORED BY CITY COUNCIL MEMBER BOB DYER 10. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 13 SPONSORED BY CITY COUNCIL MEMBER BOB DYER&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION 11. FULL EXPANSION OF MEDICAID AS PROVIDED BY THE AFFORDABLE CARE ACT 14 SPONSORED BY CITY COUNCIL MEMBERS BOB DYER,SHANNON KANE&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION SECTION 1.2 -CITY OF VIRGINIA BEACH NEW INITIATIVES 15 12. EASTERN VIRGINIA GROUNDWATER MANAGEMENT AREA 16 SPONSORED BY CITY COUNCIL MEMBER JOHN MOSS 13. FLOOR ON REGIONAL GAS TAX FOR THE HAMPTON ROADS TRANSPORTATION ACCOUNTABLITY COMMISSION 17 SPONSORED BY CITY COUNCIL MEMBER MAYOR WILLIAM D.SESSOMS,JR. 14. PROVISION OF BROADBAND AND NEXT GENERATION WIRELESS COMMUNICATIONS INFRASTRUCTURE 18 SPONSORED BY CITY COUNCIL MEMBERS MAYOR WILLIAM D. SESSOMS,JR. &BENJAMIN DAVENPORT 15. CREATING THE HURRICANE AND FLOODING RISK REDUCTION ACT OF 2018 19 SPONSORED BY CITY COUNCIL MEMBERS MAYOR WILLIAM D. SESSOMS,JR. &BENJAMIN DAVENPORT IV CITY OF VIRGINIA BEACH- CITY COUNCIL Mayor V i]hum U. Sessoms. Jr. Vice Mayor Louis R. Jones Bayside Shannon DS Isms— Rose I lull Benjamin Duccuort_ At ',mac Jessica Abbott _ KempscilIc Bob Dyer- Lenten i l lc Barham M. I lenley - Princess Anne John IJ Moss- At I urge John C. Uhrin - Beach Rosemary Wilson - AI I Illlep l_ Wood - I nnhaccn V CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr. Senate District 6 Senator Frank W. Wagner- Senate District 7 Senator William R. DeSteph, Jr. - Senate District 8 Senator John A. Cosgrove, Jr. Senate District 14 Delegate Ronald A. Villanueva- House District 21 Delegate Barry D. Knight- House District 81 Delegate Jason R. Miyares- House District 82 Delegate Christopher P. Stolle- I louse District 83 Delegate Glenn R. Davis- House District 84 Delegate Rocky Holcomb- House District 85 Delegate Joseph C. Lindsey - House District 90 Delegate Robert S. Bloxom House District I00 VI SECTION 1 .1 - CITY OF VIRGINIA BEACH LONG TERM POLICY P OSITIONS f t 1. POST LABOR DAY OPENING FOR SCHOOLS SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: The total spending from the tourism industry in Virginia Beach for 2015 was $1.4 billion stimulating 12,924 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor Day would have significant financial consequences on the tourism industry in the long term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins before Labor Day and other localities follow our lead,it will have a negative effect on the economic impact of the tourism industry cutting short the critical summer season which will hurt small businesses, hardworking families and their employees.To a lesser extent,this will also have an impact on this industry by affecting the labor pool available prior to Labor Day. Request: The General Assembly is requested to maintain the existing legislation concerning post Labor Day opening of schools. This allows all schools to open after Labor Day except those given exemptions by the State Board of Education. ***2016 DATA TO BE ADDED WHEN AVAILABLE*** 2. MORATORIUM ON URANIUM MINING SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has been found in Pittsylvania County. This deposit is upstream of the John H.Kerr Reservoir,which provides 93%of the inflow to Lake Gaston,which provides water directly to Virginia Beach,and indirectly to most of Southside Hampton Roads. A study prepared by the National Academy of Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for contamination, that limited data exist to confirm the long-term effectiveness of those disposal cells, and that extreme natural events combined with human errors have the potential to lead to the release of contaminants. The NAS study concludes that Virginia has no experience with uranium mining, that the federal government has little or no experience with wet climates and extreme precipitation events,and that there are gaps in legal and regulatory coverage for uranium mining and steep hurdles to be overcome before mining could be established in Virginia within a regulatory framework that is protective of health, safety, and the environment. The City contracted with nationally prominent experts to prepare a study of the downstream water quality impacts that would occur from a hypothetical, catastrophic breach of an above-grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and federal regulatory levels for up to two months during wet years and six to sixteen months during dry years. The only practical response during this time would be to shut down the Lake Gaston project. Depending upon the weather, this could have significant consequences to all of Southside Hampton Roads, but particularly, Chesapeake, Norfolk, and Virginia Beach. The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning District Commission have all passed resolutions opposing uranium mining in Virginia and lifting the legislative moratorium on uranium mining. Request: The General Assembly of Virginia is requested to maintain the existing moratorium on uranium mining in Virginia. Also, the Commonwealth is requested to vigorously oppose federal court actions to overturn the Uranium Mining Moratorium. (See attached resolution by City Council) ***Please find attached a resolution adopted by City Council on September 1, 2015*** 111; I -r Resolution Page 1 1 A RESOLUTION REQUESTING THE 2 ATTORNEY GENERAL TO OPPOSE 3 VIRGINIA URANIUM'S LAWSUIT SEEKING 4 TO INVALIDATE THE COMMONWEALTH'S 5 LONGSTANDING MORATORIUM ON 6 URANIUM MINING IN VIRGINIA 7 8 WHEREAS, the Virginia General Assembly enacted a Moratorium on Uranium 9 Mining in the early 1980's; and 10 11 WHEREAS, this Moratorium was established based on scientifically 12 demonstrated environmental concerns relating to Uranium Mining; and 13 14 _ WHEREAS, Virginia Uranium, Inc. and its affiliated companies own mineral 15 rights to a potentially large uranium deposit in the Roanoke River Basin; and 16 17 WHEREAS, Virginia Uranium has repeatedly attempted through the General 18 Assembly to have the Moratorium lifted; and 19 20 WHEREAS, The General Assembly has maintained the Moratorium on Uranium 21 Mining; and 22 23 WHEREAS, Uranium Mining was opposed by multiple jurisdictions and 24 organizations, such as the Roanoke River Basin Association, Hampton Roads Planning 25 District Commission, and the cities of Virginia Beach, Norfolk, and Chesapeake, among 26 many others, several of which obtain their drinking water from Lake Gaston, which is in 27 the Roanoke River Basin and downstream from the Virginia Uranium site; and 28 29 WHEREAS, Virginia Uranium recently filed suit in Federal Court to challenge the 30 legality of the Moratorium; and 31 32 WHEREAS, Virginia Uranium claims that the moratorium on mining was enacted 33 solely because of concerns arising from the disposal of uranium mining by-products and 34 that regulation of the disposal of uranium mining by-products has been pre-empted by 35 Federal law and that, therefore, the moratorium on uranium mining is invalid; and 36 37 WHEREAS, Virginia Uranium requests the court to order the applications for the 38 licenses and permits needed to commence mining operations to be accepted and 39 processed in the same manner as they would if those permits and licenses pertained to 40 any other mineral that may be legally mined; and 41 42 WHEREAS, Virginia Uranium's assertions are inimical to sound public policy 43 and contrary to settled principles of law, inasmuch as the several states, including 44 Virginia, clearly retain the authority to regulate uranium mining within their respective 45 borders; Resolution Page 2 46 NOW, THEREFORE, BE IT RESOLVED BY THE VIRGINIA BEACH CITY 47 COUNCIL: 48 49 That for the foregoing reasons, on behalf of the Citizens of Virginia Beach, it is 50 respectfully requested that the Attorney General, on behalf of the Governor and other 51 officials of the Commonwealth who have been named as defendants, vigorously oppose 52 Virginia Uranium's lawsuit seeking to invalidate the Commonwealth's longstanding 53 moratorium on uranium mining in Virginia. 54 55 Adopted by the City Council of the City of Virginia Beach on the 1st. day of 56 September, 2015. APPROVED AS TO LEGAL SUFFICIENCY: M City Attorney's Office CA13427 R-1 August 26, 2015 t-Lrr ,, ._ t, 3. INCREASED FUNDING FOR MENTAL HEALTHCARE SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: People with serious mental illness, as well as their loved ones, and people with addiction disorders and their families face a crisis when it comes to accessing services they need. Decades of neglect to the mental health system, plus an increased need from people who are uninsured, underinsured, or facing economic hardship,have exacerbated the problem. According to the Virginia Department of Behavioral Health and Development Services, almost 4,500 Virginians are waiting to receive community-based services for mental health alone, and almost 1,500 of those have waited for services longer than four months. The well-being of families and our community is seriously threatened by the failure of those in need to receive timely and effective mental healthcare... Request: The City requests that the General Assembly provide significant increases to funding for mental healthcare services beyond that provided in 2016.The City supports the Virginia Association of Community Services Board (VACSB) budget priorities for 2017-2018 and requests funding to include, but not limited to the following: • Workforce development with a focus on recruiting and are retaining licensed or license-eligible staff by offering tuition reimbursement and clinical supervision financial incentives-- $3,991,000 • The VACSB Emergency Services and Substance Abuse Councils are seeking expansion of medical detoxification to improve our crisis response system for individuals with substance use dependence and ensure that resources are available for safe detoxification during a crisis episode- - $16,000,000. • Reintegration services for high-risk youth and adults to expand capacity for the purchase of community-based services and treatment to address youth and adults who are high-risk for re- hospitalization or re-offense due the severity of their behavioral health challenges -- $7,000,000 • Additional Waiver Slots: The VACSB Developmental Services Council is supporting The ARC's Waiver Waiting List Reduction Package to reduce the ID/DD Waiver waiting list by 50%. Waiver slots build capacities that will enable individuals who need developmental services and supports, including those with multiple disabilities, to live a life that is fully integrated in the community. o Fund 200 Developmental Disability Waiver slots as part of the DOJ settlement agreement in FY16 o Fund 800 Individual and Family Support Waiver slots in both FY 2017 & FY 2018 *Each ID waiver slot costs approximately$45,000 a year 4. VOTING RIGHTS SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: The right to vote is a fundamental right of every citizen of our Commonwealth and nation and it is the foundation of our democracy. Bathers to the ballot box harm our state and our nation and are inconsistent with the ideals and principles upon which our great nation and our Commonwealth were founded. Increased voter participation, on the other hand, strengthens our democracy and results in leaders who are responsive to the diverse needs of all of our citizens. Request: The City requests that the General Assembly support legislation that removes barriers to voter participation and improves the ability of all Virginia citizens to exercise their fundamental right to vote. In particular, it is requested that the Right to Absentee Voting be offered to any person qualified to vote in person without providing a reason. Currently, there are specific excuses for voting early that limit turnout. e, ( 8 5. SOLUTION TO COASTAL FLOODING REGIONAL GREENHOUSE GAS INITIATIVE SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY Background Information: The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea Level Rise is real, and much of Virginia Beach is low and drains poorly. Storms that were small nuisances just 10-15 years ago, now caused major destruction of roadways and damage homes. The City Council has embarked on a strategy of studying the various watersheds within the City, which will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other localities in the region are doing similar efforts. This is a regional effort, which will take actions by the state, federal, and local government. It will also be a very expensive endeavor. The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and New York north, allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay below a cap that is set through the region,and these allowances are sold at quarterly auctions.The proceeds are then returned to the state for reinvestment. It's projected that roughly $200M in auction revenues through 2030 could be provided to Virginia. This could also help address the administration"Clean Power Plan". Request: The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva of Virginia Beach and Chesapeake in the 2016 Session.This would allow Virginia to join with the Northeast RGGI. This would allow us to manage cuts in carbon emission, while at the same time providing revenue to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25% of the U.S. population. They have had $1.3B in net positive economic impact, have cut pollution three times faster than non-RGGI states, and have had lower bills for power than other areas. 1 , 6. MENHADEN FISHING REGULATION SPONSORED BY CITY COUNCIL MEMBERS,MAYOR WILLIAM D. SESSOMS,JR.,.LOUIS R.JONES,JAMES L. WOOD JOHN E.UHRIN& BENJAMIN DAVENPORT Background Information: A small fish- Menhaden- is often referred to as "the most important fish in the sea". Because it is close to the bottom of the food chain, the populations of many species rely on the Menhaden as a source of food. These include important commercial fisheries and tourism such as: blue crab, rock fish, speckled trout, mackerel, flounder, tuna, and shark. Over fishing of Menhaden affects those populations, and hurts many people's income that rely on the sale of seafood to make a living. Tourism also suffers if the top of the food chain species go elsewhere in search of food. The importance of Menhaden is not solely founded on the population of other species. Menhaden also provide a service in filtering the Bay, second only in importance to the oyster. As they filter the Bay they return much needed oxygen to the waters for life to flourish. The Chesapeake Bay and the near shore Atlantic Ocean waters of Virginia Beach are commonly referred to as the"Menhaden Nursery". Maturation of the Menhaden primarily happens in the Bay which provides the Atlantic Coast with these important fish. Keeping the Menhaden population flourishing is not only healthy for the bay and for the entire Atlantic coast, but for the businesses that are such a part of the economic engines known as tourism and commercial fishing. Menhaden fishing is currently regulated by the General Assembly. Although the General Assembly's knowledge of many issues is both wide and deep, regulation of fisheries is best left to those more knowledgeable of the science. Menhaden is also a multi-state resource that needs to be looked at as a whole,rather than the needs of few. The General Assembly has removed itself from the regulation of most other fish & game species, and the regulation of Menhaden needs to be placed with the Virginia Marine Resources Commission where the technology and science exist to best manage it. Also, the current regulation of Menhaden does not require those fishing for this species to operate at a reasonable distance from shore either on the Bay or the Ocean. Breakage in nets leads to regular pollution of the Bay and Atlantic Ocean beaches with deposits of dead fish. Request: The City of Virginia Beach requests the General Assembly to adopt Legislation introduced during the 2016 legislative session similar to HB-150 introduced by Delegate Barry Knight, and SB-98 introduced by Senator John Cosgrove. This would require the Virginia Marine Resource Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. It would also require any moratorium on the fishery to be subject to legislative review. Additionally, as was proposed in HB-151 by Delegate Knight, in the 2016 legislative session, fishing for Menhaden with purse nets in the Chesapeake Bay would be prohibited within one mile and within three miles of the shore lines of Virginia Beach extending from the North Carolina border. This common sense legislation would allow this very important resource to be managed for the overall health of the Bay, the Atlantic Ocean, and Virginia's economy based on science and facts. 110 7. A GOVERNOR'S CABINET LEVEL STATE RESILIENCY OFFICER FOR RECURRENT FLOODING SPONSORED BY CITY COUNCIL MEMBER,JAMES L. WOOD Background Information: Hampton Roads is identified as one of the most flood prone areas in the nation. This is due to the combination of sea-level rise, subsidence of land, and construction in tidal areas over the last 400 years. That development has reduced natural drainage areas and the ability to absorb flooding along with a host of other reasons. To address these issues the General Assembly created the Joint Sub-Committee on Coastal Flooding. This is chaired by Delegate Chris Stolle of Virginia Beach. They have met multiple times over the last several years, and have identified a number of issues that need to be addressed by the General Assembly. One recommendation that was suggested, but not adopted, was that a State Resiliency Officer position be created. Currently, Secretary of Public Safety, Brian Moran is acting as the Commonwealth's Resiliency Officer by agreement with the Governor's office. Unfortunately,the issue of recurrent flooding is in need of constant attention due to its threat to the economy of Virginia,particularly in Hampton Roads, and the wellbeing of all of our citizens. Recurrent flooding for instance is a threat to major military installations in Hampton Roads, which was identified by the Hampton Roads Planning District Commission. The City of Norfolk is recognized as one of the most flood plain areas in the nation, second only to New Orleans, Louisiana. The ports of Virginia could become more susceptible to recurrent flooding, and their beneficial impact to the Commonwealth could be reduced if this issue is not addressed. Also there is an impact on almost every citizen in tidal Virginia because of the increase in nuisance flooding. Rain events that were unnoticed now create impassable streets and destroy property. Furthermore many insurance companies are reluctant to write homeowners policies because of increased risk/claims. Currently, the state lacks a single point of contact charged with identifying and addressing recurrent flooding issues and proposing methods to counter them. Request: The City of Virginia Beach requests the General Assembly to create a stand-alone cabinet level secretariat State Resiliency Officer, and program. This program should be identified as the lead in order to give direction, and ensure accountability to possibly one of the most important issues facing all of tidal Virginia. Furthermore, the Resiliency Secretariat should be closely aligned with the Secure Commonwealth Panel, and be sufficiently supported with staff and resources from other state agencies. The current operation of having this as a subordinate duty for the Secretary of Public Safety will likely prove to be ineffective in the long term for bringing resources to bear on this important issue. Recurrent flooding affects all of Coastal Virginia, and Hampton Roads especially. Even in times of scarce resources, as the Commonwealth is currently facing, this clear threat to the wellbeing of the Commonwealth's citizens and our businesses should be addressed effectively and resourced as needed I 8. ANIMAL CRUELTY SPONSORED BY CITY COUNCIL MEMBER,JAMES L. WOOD Background Information: State law sets the penalties for cruelty to animals. Currently, Virginia Code§ 2.2-6570 provides that an abuser can only be charged with felony animal abuse if(1)the animal dies as a result of torture or severe abuse; or (2) the abuser previously had been convicted within the last five years of cruelty to animals. Accordingly, if a Virginia court concludes that a defendant tortured or severely abused an animal,but the animal survived the abuse,the court cannot sentence the defendant to more than one year in jail unless the abuser had been convicted of the same offense within the past five years. If the defendant instead could be found guilty of a Class 6 felony, the court would have the discretion to sentence the abuser to up to five years imprisonment. Amending the law to allow a felony charge would enable our courts to better address severe instances of animal abuse. Request: The City Council requests that the General Assembly amend Virginia Code § 3.2-6570 to allow persons who severely abuse companion animals to be charged with a Class 6 felony, regardless of whether the animal survives or whether the defendant had been previously convicted of the same crime within the past five years. P U` I1 9. CERTIFICATE OF PUBLIC NEED SPONSORED BY CITY COUNCIL MEMBER,BOB DYER Background Information: The Certificate of Public Need (COPN) has been used for many years to manage expensive healthcare delivery facilities in the Commonwealth. This means that when hospitals wish to expand adding new beds or equipment they must go to a state body to receive permission to do so. The Certificate of Public Need is seen as a way to reduce duplication of expensive services and facilities, and also to make sure that facilities constructed are not just those that profit the hospitals and other individuals the most. The COPN is seen as a way to reduce healthcare costs and make services available as widely as possible. However, many in the medical services delivery field see the COPN as an unwarranted intrusion into the free market. During the 2016 session of the General Assembly, multiple bills were introduced to either outright repeal or other adjustments/modifications to the existing law. Delegate Chris Stolle, of Virginia Beach, who is not only a medical doctor but a Hospital Administrator,introduced House Bill-1083. HB-1083 would have modified the COPN while maintaining the bedrock of the process. Delegate Stolle's bill was defeated; however,other legislation is being studied over the period between the 2016 session and the 2017 session. There will most assuredly be legislation introduced in the 2017 session that again ranges from outright repeal to modifications as needed. Request: The City of Virginia Beach requests the General Assembly retain COPN in its current form with process reforms similar to those recommended by Delegate Chris Stolle (HB 1083) in the 2016 session. This legislation addresses concerns surrounding the COPN process while maintaining the integrity of the program. Additionally, any legislation to deregulate COPN must be coupled with polices to promote access to care,ensure provision of essential health services,fund graduate medical education,and maintain the fiscal stability of Virginia's community. 4" 10. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY CITY COUNCIL MEMBER,BOB DYER& REQUESTED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act(Va. Code §2.2-3900 et seq.)currently prohibits discrimination based on race, color,religion,national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City of Virginia Beach requests the General Assembly amend the Virginia Human Rights Act (i) to also prohibit discrimination based on sexual orientation or gender identity; and (ii) to explicitly prohibit racial profiling. 114 11.FULL EXPANSION OF MEDICAID AS PROVIDED BY THE AFFORDABLE CARE ACT Sponsored by City Council Members, Shannon Kane& Bob Dyer& Requested by the Virginia Beach Human Rights Commission Background Information: The Patient Protection and Affordable Care Act ("Affordable Care Act") is a 2010 federal law which, among other things,expands the availability of health care through an expansion of Medicaid. State legislators have the option of whether to authorize Medicaid expansion in their states.The expansion establishes a new income eligibility criterion of 133% of the federal poverty level.The Act provides 100%federal funding for the expansion in the first three years,after which time the federal funding will be reduced to no less than 90% of the cost. 42,029 Virginia Beach residents currently receive Medicaid benefits,but 38,522 additional adult City residents who are under the age of 65 remain uninsured.An estimated additional 13,200 Virginia Beach residents will be eligible for Medicaid expansion under the federal law,including a significant number of single persons with incomes up to $16,243,couples with incomes up to $21,983,and certain families (depending on family size) with incomes up to $44,497.A significant number of uninsured Virginia Beach residents who suffer from mental health or substance abuse disorders will be eligible for health care coverage through Medicaid expansion.The expansion of Medicaid will increase local employment in medical services and other supportive health care industries (especially technology). Request: The City requests that the General Assembly support the Medicaid expansion for all Virginians. u 1 i ,s SECTION 1 .2 — CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES 16 f 1. EASTERN VIRGINIA GROUNDWATER MANAGEMENT AREA SPONSORED BY CITY COUNCIL MEMBER JOHN MOSS Background Information: The Department of Environmental Quality (DEQ) and others have been working to evaluate ground water supplies in the Eastern Virginia Groundwater Management Area (EVGMA). They have found that the resources are insufficient to meet the long term demands of current and future ground water uses. Furthermore, these groundwater resources are critical to the health, welfare, and economic prosperity of Eastern Virginia. Since August 2015, the committee and five workgroups have examined six groundwater management subject areas assigned by legislation, and provided recommendations regarding management. For purposes of visualization, the Eastern Groundwater area is basically east of Route 95. This area overlays much of the Chesapeake Bay Management Area, which is managed under the Chesapeake Bay Act established by the General Assembly. While the City is in support of all of the policy recommendations developed by the EVGMA, we are adamantly opposed to one of the proposed methods of funding the state management of this resource of the Commonwealth. Request: The City of Virginia Beach supports the work of the Eastern Virginia Groundwater Management Committee. However, we object to any consideration included in recommendation #12. Wherein the committee recommends the General Assembly to fund the essential operational costs of DEQ to manage the groundwater resources through general fund appropriations, or through a reasonable flat fee applied to household businesses in the groundwater management area. This is a Commonwealth wide resource that needs to be managed appropriately and fully as recommended in the report, but should be done through appropriations of the general fund. Identifying one region of the Commonwealth to fund a resource of the entire Commonwealth is irresponsible, and not representative of proper government processes. • 12. FLOOR ON REGIONAL CAS TAX FOR THE HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION SPONSORED BY CITY COUNCIL MEMBER MAYOR WILLIAM D. SESSOMS,JR. Background Information: The General Assembly passed HB-2313 during the 2013 Session of the Virginia General Assembly. As part of that landmark omnibus legislation provided a much needed input of revenue for transportation projects across the Commonwealth, and additional dedicated regional funding in Northern Virginia and Hampton Roads. During the 2014 session, the Hampton Roads Transportation Accountability Commission was established to accompany its companion organization in Northern Virginia. These organizations were given certain additional tax revenues which are now being used to fund projects such as: 1-64 Improvements on the Peninsula, the Hampton Roads Bridge Tunnel, the High-Rise Bridge in Chesapeake, and the 1-64/I-264 Interchange. Part of those increased revenues were a change in the way gas is taxed statewide. The General Assembly established a percentage tax on motor fuels such as gasoline and diesel. For the state revenues they established the floor based on the wholesale price of fuel in February 2013. However,through what has been described by multiple legislators as an oversight, there was no floor established for the Hampton Roads Transportation Accountability, Potomac Rappahannock Transportation, and Northern Virginia Transportation Commissions. Thus, the Hampton Roads Transportation Accountability Commission is receiving more than$2OM less than predicted when the bill was passed before the oversight was discovered. Request: The General Assembly is requested to establish a floor on the regional gas tax for Northern Virginia and Hampton Roads equal to that established for the statewide gas tax through HB-2313 of the 2013 General Assembly Session. It is requested that the floor be the same as that for the state which was based on the wholesale price of gas and motor fuels in February 2013. The additional revenues, which would amount to over $20M a year would allow for perhaps $300M worth of bonding capacity for the Hampton Roads Transportation Accountability Commission, or $20M in pay as you go funds if bonding is not utilized. Without this floor the length of time for the identified projects to be constructed will be extended many years into the future. Another reason for establishing the floor is because the projects are so terribly expensive. For instance, the Hampton Roads Bridge Tunnel is estimated to cost $3B or more. With the rate of inflation on these construction costs it very much effects the buying power of the money generated to the Hampton Roads Transportation Accountability Commission. With a modest 2.5%increase in construction costs on$5B worth of projects; the amount of projects Hampton Roads Transportation Accountability Commission will have underway in the next few years, shows the need for the floor. 13. PROVISION OF BROADBAND AND NEXT GENERATION WIRELESS COMMUNICATIONS INFRASTRUCTURE SPONSORED BY CITY COUNCIL MEMBERS MAYOR WILLIAM D. SESSOMS,JR.,&BENJAMIN DAVENPORT Background Information: During the 2017 Session of the General Assembly measures were introduced in the House and Senate that would greatly roll back the ability of localities to be entrepreneurial in the provision of broadband services, and greatly limit localities' current ability to control the locating of wireless communications infrastructure, especially for 5th generation. The City of Virginia Beach has been exceptionally innovative and tactical in constructing broadband capacity throughout the City for public entities, and also providing excess capability to the private sector. The City has also been successful in negotiating and securing transoceanic broadband cables coming ashore in Virginia Beach, which promises to provide unprecedented Internet speeds and broadband access to Virginia Beach, Hampton Roads,the Commonwealth, and indeed all of America. To put this in perspective, one of the cables coming ashore in Virginia Beach has 150% capability of all of the other transoceanic cables currently in service. There are firm plans for multiple other cables to come ashore in Virginia Beach, and possibly considerably more.The City is committed to making this new capability mesh with its existing services which has been mentioned favorably in multiple newspaper and journal articles. The measure pursued during the 2017 Session regarding the placement of wireless communications infrastructure will most assuredly return during the 2018 Session. Based upon current efforts of the Committee on Wireless Communications Infrastructure, such measures will usurp most localities' authority over the rights-of-ways that local governments are responsible for holding in trust for the benefit of the public. Also at great risk are localities' ability to protect the integrity of public buildings,and control(as appropriate) of the visual impact of wireless communications infrastructure. Although the 5th generation of wireless communications holds great promise, it will be at least half a decade before standards are even established by the industry and federal government for deployment of this technology. These standards will obviously dictate where equipment is needed. Request: The General Assembly is requested to defeat any measure introduced that will constrain the existing operations as currently performed in the City of Virginia Beach in regards to the availability, provision, and expansion of broadband service. Restricting the City's ability at this critical juncture as this new technology is being implemented, would be harmful to the citizens of the entire Commonwealth. It should be noted that where appropriate the City used private vendors to construct the broadband infrastructure. However,because the City owns and maintains the broadband capability, once installed the City is saving over one million dollars of taxpayer dollars a year in doing so. In regards to wireless communications infrastructure, especially 5" generation, the City of Virginia Beach requests the General Assembly to reject any bill that would further erode what is left of the authority of localities to control the placement of such infrastructures, either through its zoning authority or as a steward of the public right-of-way. It should also be noted that the Federal Communications Commission is working on regulations that will supersede state law. We believe the General Assembly should wait for actions of the Federal Government. t� 14. Creating the Hurricane and Flooding Risk Reduction Act of 2018 SPONSORED BY MAYOR WILLIAM D.SESSOMS,JR. Background Information: Virginia Beach and Hampton Roads have been severely affected by hurricanes such as Matthew last year. Also the issue of recurrent flooding is deemed to be high priority for the city. The city has programmed hundreds of millions of dollars over the next decade or so to increase our resiliency to flooding and storm events. During the 2017 Session of the General Assembly, Delegate Jason Miyares introduced House Bill 2320 which would have created the Hurricane Risk Reduction Act of 2017. This act would have taken its cue from legislation passed in Louisiana that established a standard for the nation in sponsorship of hurricane and flooding risk reduction projects in partnership with the Army Corp of Engineers. The enactment of the legislation in Virginia would help to reduce or eliminate, in a cost effective way potentially most destructive floods in Virginia through construction of flood control and structural and non- structural solutions. This would save lives, prevent economic and environmental destruction and be an environmentally sensitive and cost effective way to address hurricanes, recurrent flooding and other similar events. Request: The General Assembly is requested to adopt legislation during the 2018 Session of the General Assembly modeled after Delegate Miyares' House Bill 2320 from the 2017 Session. This in concert with the creation of a cabinet level secretariat responsible for recurrent flooding and storm reduction would be a very effective way for the Commonwealth to be prepared for hurricanes and ever increasing recurrent flooding. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Provide Design Direction for Capital Project 3-072, City Hall Replacement MEETING DATE: October 3, 2017 ■ Background: City Hall is a nearly fifty-year-old building that requires substantial rehabilitation to address size and configuration needs. The presence of asbestos- containing materials severely constrains what can be done while the building is in services. The Council directed staff to undertake a robust civic engagement process that included three public sessions and a Facebook Live session. At its September 19th workshop, the Council was provided the results of resident input from those sessions regarding six options. The public preference was Option 2. • Considerations: At the September 19th workshop, the City Council provided informal approval of Option 2, with the caveat that the design incorporate the Mary C. Russo Volunteer Recognition Garden and Gazebo and take into account the Sister Cities Garden. The Council expressed a desire to receive periodic updates as the project design progresses from massing to detailed layouts of physical space. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Resolution; Exhibit A (Option 2) Recommended Action: Approval �����/ ) Submitting Des . _ . gency: Public Works IY"(.r'i City Manager: 1 A RESOLUTION TO PROVIDE DESIGN DIRECTION 2 FOR CAPITAL PROJECT 3-072, CITY HALL 3 REPLACEMENT 4 5 WHEREAS, the Council directed staff to undertake a robust civic engagement 6 process that included three public sessions and a Facebook Live session; and 7 8 WHEREAS, the public preference was Option 2; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That the City Manager is directed to pursue the design alternative, Option 2, set 14 forth in further detail in the attached slide, Exhibit A, for the location of the future City Hall 15 (Capital Project 3-072), and that the design should take into account the existing gardens, 16 both the Mary C. Russo Volunteer Recognition Garden and the Sister Cities Garden. 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: David A. Bradley H rmeyer Budget and Management Servides Office of the City Attorney CA14153 R-1 September 20, 2017 EXHIBIT A 0 CITY HALL 2020 - OP` ` 0. 2 New 3 story building between B-1 and B-2 C0.11,116.111 G. .-1 -{ �� . / — --, — -4- / i j I il,#. i IIIMITIMIF=111111111r / CITY HALL 2020 - ` - New 3 story building between B-1 and B-2 • '�.s``�`' y A •q ,N44:**--1,...•a Y . `�\ � k - r `` \ , ; - - µ_r Ottv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Kemps Lake Located at the Rear of 5136 Overland Road MEETING DATE: October 3, 2017 • Background: William F. Gerstein Jr. and Cristi A. Gerstein have requested permission to remove an existing pier, to maintain an existing bulkhead and to construct and maintain a fixed pier ("L" shaped: 28' x 24' x 16'), a floating pier (6' x 12'), and a timber bulkhead (100 linear feet) (the "Encroachments") adjacent to their property located at 5136 Overland Road, as shown on Exhibit "A". The Encroachments would extend a maximum 34.1' into the City's property known as Kemps Lake. • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Kemps Lake, which is where William F. Gerstein Jr. and Cristi A. Gerstein have requested to encroach. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Agreement, Ordinance and Rat Recommended Action: Approval Submitting D• • ,• -ni •tency: Public Works/Real Estate PRp City Manager. r !/ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS KEMPS 7 LAKE LOCATED AT THE REAR OF 8 5136 OVERLAND ROAD 9 10 WHEREAS, William F. Gerstein Jr. and Cristi A. Gerstein desire to remove 11 an existing pier, to maintain the existing bulkhead and to construct and maintain a fixed 12 pier("L"shaped: 28' x 24' x 16'), a floating pier(6' x 12'), and a timber bulkhead (100 linear 13 feet) (the "Temporary Encroachments") upon the City's property, known as Kemps Lake, 14 located at the rear of 5136 Overland Road; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, William F. Gerstein Jr. and 25 Cristi A. Gerstein, their heirs, assigns and successors in title are authorized to remove an 26 existing pier, to maintain an existing bulkhead and to construct and maintain a fixed pier 27 ("L" shaped: 28' x 24' x 16'), a floating pier (6' x 12'), and a timber bulkhead (100 linear 28 feet) upon the City's property as shown on the map entitled: "EXHIBIT "A" — 29 ENCROACHMENT FOR CRISTI &WILLIAM GERSTEIN 5136 OVERLAND ROAD,"dated 30 May 15, 2017 and prepared by Professional Construction Consultants, LLC, a copy of 31 which is attached hereto as Exhibit"A", and on file in the Department of Public Works and 32 to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 35 expressly subject to those terms, conditions and criteria contained in the Agreement 36 between the City of Virginia Beach and William F. Gerstein Jr. and Cristi A. Gerstein (the 37 "Agreement"), an unexecuted copy of which has been presented to the Council in its 38 agenda, and will be recorded after execution among the records of the Clerk's Office of the 39 Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as William F. Gerstein Jr. and Cristi A. Gerstein and the City Manager or his 45 authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2017. CA14000 R-1 PREPARED: 07/28/17 %vbgov.com\dfsi\applicatiions\citylawprod\cycom32\wpdocs\d028\p025\00388259.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC IRKS, REAL ESTATE—' ii • I •lr-. HARMEYER 9\2_\n SENIOR CITY ATTORNEY 2 4 KEMPS LAKE This MB. 34,lan geed on ts and was lat corpreded in without the benefit of a title search. u EX. 0'x22 PIER I� 24PROPOSED FIXED PIER F TO BE REMOVED \ MN 34 P 15 (ENCROACHES 27.7' 7--____2— N/F CITY OF GINA Duch INTO CVD PROPERTY) 6c4 171-- 34.1 VIRGRIN 1567 62 9311 PROPOSED 6'N12' FLOAT G PIER EX. BULt••EAD 2O s. PROPOSED 100 L.F. �g0 OHW TIMBER BULKHEAD EX CONC 3,.LNHEAD .rn 1n US N 52'14 E \-OHW 90.00' OHW AT EX. BULKHEAD 4.5' 9,D IO' DRAINAGE EASEMENT UNLESS OTHERWISE NOTED .M 3. 34 P. 15) PROPOSED BULKHEAD WILL ENCROACH MAX. 9.0' INTO CVB PROPERTY PROPOSED FIXED PIER WILL ENCROACH MAX. 34.1' INTO CVB PROPERTY I PROPOSED FLOATING PIER WILL ENCROACH MAX. 20.5' INTO CVB PROPERTY z IA I o.F LOT 70 N/r JAMES MIaKIONSN 5140 OVERLAND ROAD v GPIN. 1467 71 3928 Pr r �/j m . p LOT 72 6 N/F DANIEL DUDLEY 5132 OVERLAND ROAD g I i H OF 1—STORY 0 GRIN 1467 72 4150 ÷ ' /� BRICK & FRAME #136 c) RICHARD T. BARTLETT T • . - Lic. No. 18335 - SEPTEMBER 21, 2017 . 6° LOT 71 0 LIN. 34 PG. 15 I /TMGPIN'. 17 72 3094 l 6M �co SLIjN AL cT s 5714' W 90.00' 0 ��. OVERLAND ROAD REEVV7/11/2017 1" 3a' EXHIBIT "A" - ENCROACHMENT FOR ZONING: R-10 CRISTI & WILLIAM GERSTEIN 5136 OVERLAND ROAD ENGINEERING SLIMES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757) 773-8084 EMIT RKKOPCC-uc.0014 MAY 15, 2017 SHEET 1 OF 1 '".(.Al.ti),I, . .i T ", i ,,l , +!WI� ( t / : . .. Tr' dk. 41 iy1y,'�. I 41)111 1. Z , .1,,,,''1%il Vf ilk I4'f:'i'i . , a CO F ! ,1 s •^ , t.;,,, . .; r' C s. t ft I1' * , N CD a. "0f _ cr O 1 4 ;r :, ___, � , '; E i s fp OC lil n t: u M Q _ W X11 r ,. ` ,,,.. ,:14,.:' ',,'._ ., ., -,',.. , .','', .14,(4 4, T f 1 e. i r!, , ‘ cl 1 \, ,, , \, ',11;:''', \ . �1i I • • ,5 {b .moi 0. Q Cr • I 1.14 4 �, }aCij G 1+ ` '� Alre s • • ` C C ✓' ` ha.. E 0 . t, /- ,,,.'..i.v1„, . .. u nr) 0 ti-:-.: :.'4,:A C !"� 0 t LU 111 J li lk.>-- E WZWp ,c W H Q a (-9 j aC7UJ U)OCOc & .r X CC W N g ITCHDUCK RD Z Z U.i Z ^ . -- - DUJLLaJtO o a V U Q ei> Z z goJa c) c) Nv cc U § Z M s i \/'? /\ Z � Quf o c- i cu v L ).-"vv °dati 1 0 l 0 • C \ FAL CON AVE •Q / Q 13 6 ,...C."-,"MI 3.....3 a /.,, 2,0 C (1) fa C C g co , CV n O m w co 0 ON 0 LO d _ g� u M m0a _- $ C %-I -' _ Z= i w Ln PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this /3 day of 1 , 201 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and William F. GERSTEIN Jr. and Cristi A. GERSTEIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 71, Section 3, Kempsville Heights"; as shown on that certain plat entitled: "SECTION 3 OF KEMPSVILLE HEIGHTS KEMPSVILLE DISTRIC PRINCESS ANNE CO VA PROPERTY OF WILLIAM J. MILLER" dated January 1983 and prepared by C. A. Bamforth, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 34, at page 15, and being further designated, known, and described as 5136 Overland Road, Virginia Beach, Virginia 23462; WHEREAS, it is proposed by the Grantee to remove the existing pier, to maintain the existing bulkhead and to construct and maintain a fixed pier ("L" shaped: 28' x 24' x 16'), a floating pier (6' x 12'), and a timber bulkhead (100 linear feet), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1467-62-9311 (CITY PROPERTY — KEMPS LAKE) GPIN: 1467-72-3094 (5136 OVERLAND ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Kemps Lake, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" — ENCROACHMENT FOR CRISTI & WILLIAM GERSTEIN 5136 OVERLAND ROAD," dated May 15, 2017 and prepared by Professional Construction Consultants, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to 3 the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William F. Gerstein Jr. and Cristi A. Gerstein, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its 4 name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 40/1-1/ fig fair _:,19.0,2,. By ( Para aura William F. Ger. ein Jr., 0 ner By L, G4vv - Cristi A. Gerstein, Owner STATE OF V ,rS%ni C- CITY/COUNT-Y-OF V ) cc) I n G )3ec,ch, to-wit: The foregoing instrument was acknowledged before me this 1611n day of _ _�Sr , 2011, by William F. Gerstein Jr. " (SEAL) o ary Public TERESA G JESCH NOTARY PUBLIC NotaryRegistration Number: -1"1 J2NZ�j 1 REO.#7702829 COMMONWEALTH OF VIRGINIA MY COMMM010N 00001N MAY 01.1010 My Commission Expires: SC 3112o"LO STATE OF V\fTjinlC- CITY/COSY OFV1(jiniG ?eccl-) , to-wit: The foregoing instrument was acknowledged before me this Ig'N day of -1()u5l.At , 201-1 , by Cristi A. Gerstein. J (SEAL) N tary Public Notary Registration Number: fl 02Y29 TERESA G JESCH NOTARY PUBLIC REG. #7702829 My Commission Expires: oS13( I 2c323 COMMONWEALTH OF VIRGINIA MY COMMgMOM MOWS MAY It 8020 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 111. 1110 SIGNATURE =` V• AR EVER, SENIOR CITY ATTORNEY CI DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 8 ry KEMPS LAKE Thie site plan is bayed on plat recorded in R \L' (CVB) M.B. 34, Pg. 15 and was prepared rwithout the benefit of a title north. t 24. PROPOSED FIXED PIER �? LC%. BE RE OVE �� 'P TO REMOVED \ 4.B 34 P. ".5 (ENCROACHES DJ' GRIN. Or VIRGINIA 62 9311 RryBEACH INTO CVB PROPERTY) r 34.1-PROPOSED 6412' ROATI C PIEREx. Bu_KHEC90 — PROPOSED 100 L.F. Ex CONC BULKHEAC� — v1 OHW TIMBER BULKHEAD v) N 52'14_E "-OHW 90.00' OHW AT EL BULKHEADf 10' DRAINAGE EASEMENT UNLESS OTHERWISE NOTED 4.5 9 D (M.B. 34 P. 15) il PROPOSED BULKHEAD WILL ENCROACH MAX. 9.0' INTO CVB PROPERTY I PROPOSED FIXED PIER WILL ' • ENCROACH MAX. 34.1' INTO CVB PROPERTY PROPOSED FLOATING PIER WILL ENCROACH AM. 20.5' il. INTO CVB PROPERTY - I Eli • LOT 70 N 5140 O'ER 0 ROAD 'I I GPIN'. 87 71 3928 . 4 Sart 005 lk DECK/ in . 1111 0T 72 0' N/F DANIEL DUDLEY 5132 OVERLAND ROAD N H OF 1-STORY 0 GPIM 67 72 4150 i L BRICK & FRAME q O� Q #5136 10 RICHARD T. BARRETT -7 1 Lic. No. 18335 P SEPTEMBER 21, 2017 `c I LOT 71 0 D" M 34 PG. 15 L' ��� GRIN. 1467 72 3094 esc, (ANAL • S152'14' W 90.00' u—LL �0. OVERLAND ROAD REV 7/17/ 20077 EXHIBIT "Aw — ENCROACHMENT 1" = 30' FOR CRISTI & WILLIAM GERSTEIN ZONING: R-10 5136 OVERLAND ROAD ENGINEERING SERVICES ERONDEa HY: PROFESSIONAL(7W)� 7m-8084 D CONSULTANTS. CKOCCD OA MAY 15, 2017 SHEET 1 OF 1 \B \irgini., m•„ h APPLICANT'S NAME cristi Gerstein 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 roR CII r I.NE OM N / v c,.c', .v r n : ) -c Page 1 of7 0 Art.(ICi,NT NOTIFICU Orof L,r, ; O NOC}!,..NC' < lti)2017- Ct n RUi IONS SWAY V.is AB Virginia Beach N Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the APPLICANT iS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Cristi Gerstein If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • ' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if provenv owner is different from Applicant. U Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: — — _ — Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Vi rgi ni. BeatI, APPLICANT'S NAME Cristi Gerstein pud wtLL, rt F GF�TE.a da. DISCLOSURE STATEM ENT 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 j (EDI P) Changes Board of Zoning Encroachment Request Rezoning A. .eals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement —_ _ Chesapeake Bay _--- _- -� Preservation Area ' Lease of City Property Subdivision Variance J' Board ` Conditional Use Permit iii 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/Al; a m, r pr tc ao, i Page 1 of 7 Kovno( ammsion a nl Dv Council m I tniii niiit.iint to ttii ▪ APPLIC;NT NOTIFIED OF IIEaHING nAil: l • NO CHANGES AS OF 1 , Mi2Lllr Lt • REVISIONS SUBMIT IED IE. I I B., J vuBiYaie Beach VI Check here if the APPLICANT IS NOT a corporation, partnership;' firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__ Cristi Gerstein w,.ugk v, vcstsw aa. 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 z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the (Slowing. (A) List the Property Owner's name: If an LLC, list the member's names' - -- — _ — Page 2 of 7 APPLICANT Virginia Beach YESJ NO SERVICE PROVIDER (use additional sheets If needed) n n Accounting and/or preparer of your tax return n Architect / Landscape Architect/ Land Planner Contract Purchaser(if other than n n the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n mil purchaser of the subject property IN (identify purchaser(s)and purchaser's service providers) Construction Contractors • ❑ Engineers / Surveyors/ Agents Rick Bartlett, P.E., PCC-LLC Financing (include current nmortIX gage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / n [1 Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? William Gerstein, spouse of the Applicant, is a firefighter employed by the City of Virginia Beach. Page 4 of 7 •'*les ,:it t is/ • . . Shiloh Beach CERTP[CAl70N: 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 heating, I am responsible for updating the information provided rein twg of weeks public body or corior to the oing mmittee in connection wi h this VIIDA meeting, or meeting arty AtliIatlon. N, :i I CrkH Gerstein AinKAWSSI ,i1Ne 1PENTNM1E IDATE Page 5 of 7 a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into Portions of City Rights-of-Way Known as Fentress Avenue and Ocean View Avenue and into the Public Beach Easement Located Adjacent to and at the Rear of 4536 Ocean View Avenue MEETING DATE: October 3, 2017 • Background: B & J LTD. of Virginia, a Virginia corporation, (the "Applicant") has requested permission to (i) construct and maintain a proposed 6.1' x 8.25' landing and 5' x 16' stairs into the public beach easement on Chesapeake Beach (the "Public Beach Easement"), (ii) maintain portions of an existing building, eaves, decks, steps, concrete walk, planter, fencing, vinyl railing, grouted rip rap, head wall, 24" RCP, metal top and concrete into Fentress Avenue, and (iii) maintain existing generator, wall, steps, fence, eave, portion of building, and concrete walk into Ocean View Avenue (collectively, the "Temporary Encroachments") adjacent to its property located at 4536 Ocean View (operating as "Buoy 44" restaurant). The Temporary Encroachments are shown with more particularity on the exhibit attached to the proposed encroachment agreement (the "Agreement"). The encroachments within Fentress Avenue and Ocean View Avenue were existing at the time of purchase by the Applicant in 1974. There is no record of an encroachment submittal nor approval by the City for these features. • Considerations: City Staff has reviewed the requested Temporary Encroachments and recommends approval of same conditional upon the Applicant entering into a lease with the City for the existing gravel parking area on Ocean View Avenue. • Public Information: Advertisement of City Council Agenda. • Alternatives: Approve with the lease condition, deny the request, or add additional conditions as desired by Council. • Recommendations: Approve the request subject to the Applicant obtaining a lease for the gravel parking area as shown on the exhibit attached to the Ordinance. ■ Attachments: Location Map, Pictures, Disclosure Statement, Agreement, Ordinance and Plat. Recommended Action: Approval Submitting Der . t ency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 PORTIONS OF CITY RIGHTS-OF-WAY 6 KNOWN AS FENTRESS AVENUE AND 7 OCEAN VIEW AVENUE AND INTO THE 8 PUBLIC BEACH EASEMENT LOCATED 9 ADJACENT TO AND AT THE REAR OF 4536 10 OCEAN VIEW AVENUE 11 12 WHEREAS, B & J LTD. OF VIRGINIA, a Virginia corporation, desires to (i) 13 construct and maintain a proposed 6.1' x 8.25' landing and 5' x 16' stairs in the public 14 beach easement of Chesapeake Beach (the "Public Beach Easement"), (ii) maintain 15 portions of an existing building, eaves, decks, steps, concrete walk, planter,fencing, vinyl 16 railing, grouted rip rap, head wall, 24"RCP, metal top and concrete into Fentress Avenue, 17 and (iii) maintain a generator, wall, steps, fence, eave, building, and concrete walk into 18 Ocean View Avenue adjacent to its property located at 4536 Ocean View Avenue 19 (collectively, the "Temporary Encroachments"); 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's right-of-way subject to such terms and conditions as Council may prescribe. 24 25 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, B & J LTD. OF VIRGINIA, a 30 Virginia corporation, and its assigns and successors in title are authorized to (i)construct 31 and maintain a proposed 6.1' x 8.25' landing and 5' x 16' stairs in the Public Beach 32 Easement on Chesapeake "), (ii) maintain portions of an existing building, eaves, decks, 33 steps, concrete walk, planter, fencing, vinyl railing, grouted rip rap, head wall, 24" RCP, 34 metal top and concrete into Fentress Avenue, and (iii) maintain a generator, wall, steps, 35 fence, eave, building, and concrete walk into Ocean View Avenue as shown on the map 36 entitled: "EXHIBIT A ENCROACHMENT PLAT FOR B & J LTD OF VIRGINIA LOTS 1-4, 37 38-40, BLOCK 7 LOCATED AT FENTRESS AVENUE &OCEAN VIEW AVENUE", Scale: 38 1" = 20', dated April 21, 2017, revised through September 14, 2017, and prepared by 39 Gallup Surveyors & Engineers, Ltd., a copy of which is attached hereto as Exhibit A, and 40 on file in the Department of Public Works, reference to which is made for a more particular 41 description; 42 43 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 44 expressly subject to those terms, conditions and criteria contained in the Agreement 45 between the City of Virginia Beach and B & J LTD. OF VIRGINIA, (the "Agreement"), an 1 46 unexecuted copy of which has been presented to the Council in its agenda, and will be 47 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 48 Beach; 49 50 BE IT FURTHER ORDAINED, that the approval provided herein is 51 conditioned upon B &J LTD. OF VIRGINIA entering into and maintaining in good standing 52 a lease with the City for the gravel parking area shown on Exhibit A; 53 54 BE IT FURTHER ORDAINED, that the City Manager or his authorized 55 designee is hereby authorized to execute the Agreement; and 56 57 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 58 such time as B & J LTD. OF VIRGINIA and the City Manager or his authorized designee 59 execute the Agreement. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the 62 day of , 2017. CA13993 R-1 PREPARED: 9/6/2017 \\vbgov com\dfst\applications\citylaw\cycom32\wpdocs\do24\p024\00398373 doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL (� (� SUFFICIENCY AND FORM: SL"�o � rtar�h��Cl Ai PUBLIC WORKS, REAL ESTATE ' • • R. Air E R Cl`1-1-kn SENIO` CITY ATTORNEY 2 ' r-• T z 1 I 2 O I PUBLIC BEACH t. m - O EASEMENT 03 P < Z 0, 'PROPOSED I N. 20150304000178020 •_,, --1 0 6.1'x8.25' LANDING, I N m -' AND 5"x16' 3 4 ti r� STAIRS N 64'03'59"' W 0 U C (n PILE I 185.00' v1 19 N (TYPICAL) 4' VINYL RAILING rn E4 •__ 33 41. AND VINYL BULKHEAD o If gall * ai ,CONCRETE g i i /II GROUTD RIP RAP { t � N .? ATS _' <HEADWALL r METAL N 24). 4' RCP 5,11 1END OF (0 ' I 4 LOP VINYL ,. BULKHEAD NOW OR FORMERLY J B & J LTD. OF VIRGINIA 0 ' 1 a WOOD D.B. 1418 P. 45 FENCE - I . LOTS 1-4, 38-40, BLOCK 7 6.6 DECK & FENGE o_ L1 GPIN: 1570-62-7250 LOT 36 0 a' VINYL LINE OF GPIN: 1570-62-7363 BLOCK 7 GRAVEL1 RAILING BUILDING M.B. 4 P. 47 M.B. 6 EAVE 1 11.5' DECK & FENCE sit, P. 123 "'BUOY 44" GPIN. ASPHALT F 2 STORY 1570- I 62, 2 ociE FENCE eFRAME 62-7198 47 DECK & E.4' STEPS In BUILDING IL0 #4536 8.4' PLANTER e1 SIGN POWERPOLE BLOCK • WITH GUY WIRES RETAINING POWER 8.4' DECK ■' GENERATOR WALL POLE N 4.T DECK �� !� . SIGN 0.2' EAVESr s+7i 66:.0 eI I EDGE of ,. 640359 ®I PAVEMENT 1 ( 1 o {.y -WATER GRAVEL , 22 OCEANMETER AAR4tW4G ¢ p a u VIEW AVENUE WALK AREA 0 R) M.B. 6 P. 123 I o n �'c5 � n ' z ao 4' OVERHEAD O I'd03EDGE OF GRA VEL ` - - L- IRES - ���pLTH pF (TYPICAL) �_' EXHIBIT A I ^ ENCROACHMENT PLAT o FOR �� o R UTLER = B & J LTD OF VIRGINIA o �r. No. a LOTS 1 -4, 38-40 BLOCK 7 38395 ,1 �� LOCATED AT FENTRESS AVENUE & OCEAN VIEW AVENUE • 6,23, �4, SCALE: 1 " = 20' DATE: APRIL 21 , 2017 SSS/ONAL E-'\ NOTE: GALLUP REVISED 5-30-17 1. THIS PLAN WAS PERFORMED : SURVEYORS & ENGINEERS, LTD. REVISED 6-23-17 WITHOUT THE BENEFIT OF 323 FIRST COLONIAL ROAD REVISED 9-14-17 17-15 encr.dwg A TITLE REPORT. VIRGINIA REACH, VIRGINIA 23454 (757)428-8132 cn /................................. ----,, i Z co La-1 cn u-) <NI N,- (NI IX co 1 6 0 et, r- 4107 li .14:1417' bil:71. S 0. (4:1 el I— Ce u j r.... u) 0 = c41 i LU 0 ri 0 _ : r,..(1? Li- 8 '' p < U-1 a c\I ! _ u 41/11/1,4f !so . 0 ktlPdir.- — In Z (..) l? eD 0! c1C j= 35- L:j :I ,) C) co ,...r.1/47. "*".•• 41/1/11'1114114/111 ...143- Lu u_ et gr— a re" liFi I* CS) 0 ,C1- a k , CC2) It 1— imor .,.. . , . , ; .,i:!).,„• sitm::, •.' ,!,--,; ''.,. —• e., . 06 CO -----. ' —) iv// .... '' --..... 1-IJ ''''''` I'`..,'''','i--'-''''1.:, 4''',' -- AV,-,e'r•:,;-,.. "3 . / , , ,..T M, ,!:-...) :.'-i':.'' ,4.4.- -. ,i, 44./ . . -..... 0 , *b,, . . . ----------,, ' . , , •••V '----.. _ ,./ // / / -----_____ r-- / / / -' , CS1 / /1/ / / ON- , 0 '5 --, . , .., .., 4: 400„ 0 - , . rf: i• i ---, I . --i----- 2 a , ;, , / 0 u; l ' z... 0, N • nit N. a.. >, C u —a 0 , Z .c , it• (1 1 . ; .; " .., ..•• . . XN ., ".. .-.' ,.-...—.-.- -----..r.,....-....7.,,..... =Nati- -...... ' i1'4 Je.' .• , \ .. : .. . " . . . •. • . . ._ . '44o Eig ..1wA I ...• .. • 1 . • .4 .._., .....• 1 .. :. ! • , • • r",? i,,,.. 1 • ' I - .,1 A ' , if. ; il ''. 1 . ,.. . _. _ ,... k • '7-7-=.,. ..` • , 4 ..•a 1 , AP Ill 'f •••I .... q....... 41., i 8 4 i )'(.11q41 t.J , , ..........." A • ,. ]i"---:.,.• •••• 1 ' '. • -.. , . i.....\" IP. . , •>.,' 1 "-'• i J 1 . , • :,., 1 . ."-••, -:_. I . • ktr ' :L.JI 1 ti 1 N. . ... . ; -.. t ;•-,j: ; , v.i.: -, ).. , i I . •,A ,. .i 417 . , - I, ,,, .. ., ! ..; ;,....,.„.... A - , . , PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) cier THIS AGREEMENT, made this 1 day of 59.1 .100/1/4,.., 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and B & J, LTD. OF VIRGINIA, a Virginia corporation, IT'S ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots One (1), Two (2), Three (3), Four (4), Thirty- Eight (38), Thirty-Nine (39) and Forty (40), in Block Seven (7)", as shown on that certain plat entitled: "CHESAPEAKE PARK PROPERTY OF LYNNHAVEN REALTY CORPORATION 319-321 SEABOARD BANK BLDG. NORFOLK, VA.", Scale: 1 inch = 200 ft., prepared by C.F.Petrie, C.E., dated May 1910, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47, and being further designated, known, and described as 4536 Ocean View Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee (i) to construct and maintain a proposed 6.1' x 8.25' landing and 5' x 16' stairs within the public beach easement on Chesapeake Beach (the "Public Beach Easement"), (ii) to maintain portions of an existing building, eaves, decks, steps, concrete walk, planter, fencing, vinyl railing, grouted rip rap, head wall, 24" RCP, metal top and concrete into Fentress Avenue, and GPIN: (CITY RIGHT AWAY— NO GPIN REQUIRED OR ASSIGNED) Fentress Ave, Ocean View Ave and Public Beach Easement GPINs: 1570-62-7250 & 1570-62-7363—4536 Ocean View Avenue (iii) to maintain a generator, wall, steps, fence, eave, building, and concrete walk into Ocean View Avenue, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of existing City rights-of-way known as Fentress Avenue and Ocean View Avenue, and the Public Beach Easement the "Encroachment Area"; and WHEREAS, the Temporary Encroachment is conditioned upon requirements included in the ordinance adopted by the City Council; WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT FOR B & J LTD OF VIRGINIA LOTS 1-4, 38-40, BLOCK 7 LOCATED AT FENTRESS AVENUE & OCEAN VIEW AVENUE", Scale: 1" = 20', dated April 21, 2017, revised through September 14, 2017, and 2 prepared by Gallup Surveyors & Engineers, Ltd., a copy of which is attached hereto as Exhibit A, and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 4 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built' plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said B & J LTD OF VIRGINIA, a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Stephen L. Michaels, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 B & J LTD OF Virginia, a Virginia corporation By A!t1,- aSISAL (SEAL) tephe L. ' i h:els, Pre' -nt • STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 14, day of 50/1/2472...F , 2017, by Stephen L. Michaels, President of B & J LTD of Virginia, a Virginia corporation. -Iv I/e . (SEAL) Notary Public elsitraci Notary Registration Number 73,5S((2R` ,0.11Y My Commission Expires: -7/ lj i2 ice ' APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM IGNATURE on- -7--C - -. • RMEYER SENIOR CITY ATTORNEY DEPARTMENT 7 e•—• z_ 1 O I 2 SEPUBLIC BEACH CTI y, Z v; /PROPOSED I EASEMENT `JN. 20150304000178020 m -'I o 6.1'x8.25' LANDING/" 1 °' ZAND 5'x16' 3 v \ C N PILE m /STAIRS I N 64'003'59" W 185.00' 0 4' VINYL RAILING (f) (TYPICAL) 41, AND VINYL BULKHEAD 27.46 O 33. aiiu ll111111111 1f CONCRETE if •f�g9 1 W00�� ,,L, . ' ,GROUTED? DECK is ARIP RAP j;?. 4 P � Com . , A 24• RCP ,33 ,' METAL : END of "AOP ir BULKHEAD VINYL BULKHEAD NOW OR FORMERLY . p 4' WOOD '�. B & J LTD. OF VIRGINIA ..' .. FENCE D.B. 1418 P. 45 6.6' DECK & FENCE i LOTS 1-4, 38-40, BLOCK 7 ., GPIN: 1570-62-7250 LOT 36 rra r LINE OF GPIN: 1570-62-7363 4' VINYL BUILDING BLOCK 7 GRAVEL1Ill RAIUNC [AVE M.B. 4 P. 47 M.B. 6 e A & FENCE P 123 tts' DECK "BUOY 44" `l'Aftis � ASPHALT It 2 STORY 62EAVESIk FRAME 1570- FCE ����� 62-7198 4.7 DECK & BUILDING g.4' TEPS Y� #4536 6.40, ' PLANTER "J 4 - SIGN �'N'� -� A ' PO REW POLE 1 '6 Si BLDCK • Vw GUY WIRES 1� rA �t. RETAINING POWER 8.4' DECK nib GENERATOR WALL POLE SIGN 4.T DECK •`'•" �!R 1 I 0.7 EAVE EDGE of 14 vmE 610359 tia PAVEMENT 1`1 Btrap5`'�r Aly v :. MATER LIG._ VEL . • !i OCEANVIEW LLfri , RCAREA ei� .Tu tigf a.a vv �d AVENUE CONK 4 3 . � WALK in 4•r•�. y �0 9J.� "•1�^"1 Sir VI,a �`0 M.B. 6 P. 123 I z " ao +• .vLW.. -.R1 I'. '.�! • �;; 61 OVERHEAD I 3 -'2R1) wm EDGE OF•GRAVEL y`• WIRES n R, +4�pLTH co (TYPICAL) m in' EXHIBIT A P I ^ ENCROACHMENT PLAT .1O FOR D �iR UTLER a B & J LTD OF VIRGINIA o , ak. No. LOTS 1 -4, 38-40 BLOCK 7 38395 �1 Art LOCATED AT FENTRESS AVENUE & OCEAN VIEW AVENUE •F 6,Z3 , \4 SCALE: 1" = 20' DATE: APRIL 21, 2017 S-TONAL EAG NOTE: GALLUP REVISED 5-30-17 1. THIS PLAN WAS PERFORMED SURVEYORS & ENGINEERS, LTD. REVISED 6-23-17 WITHOUT THE BENEFIT OF 323 FIRST COLONIAL ROAD REVISED 9-14-17 17-15 encr.dwy A TITLE REPORT. NRGINIA BEACH, NRGINIA 23454 (759)425-5132 ..VJ Virginia Beach APPLICANTS NAME$ i T 1-4d.DC VA, 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 m 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. a SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All osmolar.:must Lw updamd,wo Ql wreb rriur,n any Page of Mannino Commission and City Council mttuno Ow pertains,n thy applioRnong} APPLICANT NOTIRED OF HEARING 0 No RuAssurs An ow , n REVISIONS SURmiTTED RATr. .mV J Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. yJ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. j� (A) List the Applicant's name: +ls Jn 44 i_L If an LLC,list all member's nadies: If a CORPORATION,list the the names of all officers,directors,members, trustees, etc.below: (Attach Hsi if necessary) 5lapl•W-AS Loilia kto.I// ",�S r '( c,,D+ (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: (Attach list If necessary) VI See next page for information pertaining to footnotes' and 2 s SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN complete the following. n 'I n (Al List the Property Owners name:=+ .fSz.t'�It_ L"`4 O.M0R)6 If an LLC,list the member's names: — Page 2 of VIginie Beath 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 relationship with the PropertyFOwner. (Attach list if necessary) N 11 '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. a 'Affiliated business entity relationship' means 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 (if) there is shared management or ontrol 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 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 regular bask: or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va.Code 22-3101. 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 `\fi (A Page 3 of Viii„ Vua Beerb. YES 1 rNoi SERVICE PROVIDER p needed/menmam.neeuu sb ❑ Accounting and/or preparer of your return 1111MIEM ❑ Architect/Landscape Architect/ LandPlanner ss--)).. Contract Purchaser(if other than ElLJ the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed ' ❑ r. 1 purchaser of the subject property W (identify purchaser(s)and 1 purchases service providers) Q Construction Contractors a ,l� • ❑ Engineers/Surveyors/Agents rerllt� a t financing(include current 0 ❑ mortgage holders and lenders , selected or being considered to .SW(4'1 POIC_ provide financing for acquisition a}, construction of the property) ElLJ Legal Services a-h Real Estate Brokers/ El D11 Agents/Realtors for current and anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO1Does an official or employee of the City of Virginia Beach have Elssf, an interest In the subject land or any proposed development LJ 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 vl:pei.Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA me Nog, or meeting of any public body or committee In connection with this AI!Natio� t f � p �p C-d`C an Pfol Ae(S M2 I M PRIAME 0 TE� I� .• 1. CSICOfnvl NCAA S `�21? PROPE'I OWN:Y SIC URE PRINT NAME 0 TE Page S of 5 he rott CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $400,000 from CIP Project 3-056 and $400,000 from CIP Project 2-305 to CIP 3-610, "Police Oceanfront Cameras," for Installation of Cameras West of Pacific Avenue MEETING DATE: October 3, 2017 • Background: CIP# 3-610 "Police Oceanfront Cameras" was originally approved in the FY 2014-15 Capital Improvement Program with three phases totaling $7,368,308. The project included the purchase and installation of 88 cameras over a three-year period. Of that total, $2,665,400 was appropriated for Phase I of the program (25 cameras) in FY 2014-15. The Department of Information Technology was assigned as the Project Manager with staff from Public Works and the Police Department as subject matter experts to support implementation. An outside engineering consultant was hired in September 2014 to assist the City in planning, constructing, and integrating a fully functional camera system. Funding for Phases II and III totaling $4,702,908 was removed from the project in the FY 2016-17 Capital Improvement Plan to address other funding priorities. The originally appropriated $2,665,400 remained in the FY 2016-17 CIP to implement Phase I of the project. The City now estimates that approximately $800,000 in additional funding is needed to complete Phase I. The reasons for the additional funds for this phase are as follows: 1) There was a considerable delay in receiving acceptable construction plans from the original engineering consultant. Eventually, the City completed its contract with the consultant and began working with a contractor, who is currently on a City annual services contract, to initiate construction. The current contractor provided a construction estimate higher than the amount outlined by the consultant, such as a need for up to 740 test pits to identify underground utilities compared to the consultant's original estimate of 20 test pits. The contractor based their estimates on work previously performed in the resort area; 2) An audit of Cox Communications fiber-optics had to be conducted. This audit was not included in the original project proposal; and 3) Purchases were made during Phase I of the project which anticipated needs for all three phases of the project. • Considerations: In order to continue work within the current appropriation amount, Phase I has been split into two work orders. Priority has been given to camera installations from Pacific Avenue east to the Boardwalk, an area which comprises 14 of the 25 planned cameras. Completion of this work order is estimated by January 1, 2018. The second work order includes the remaining 11 cameras west of Pacific Avenue, with an estimated completion date of April 30, 2018. $800,000 is required to commence construction on this portion of Phase I. The attached ordinance transfers $400,000 in available appropriations from CIP # 3-056 "Public Safety Equipment Replacement Project" and $400,000 in available appropriations in Fixed Assets. The Fixed Assets portion of the Capital Budget is the result of capital projects that are completed and retain a balance of appropriated funds. • Public Information: Public information will be made available through the normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval r,.I Submitting De, . � . . .ency: Police Department4'i^— City Manager: ` 1 AN ORDINANCE TO TRANSFER $400,000 FROM 2 CIP PROJECT 3-056 AND $400,000 FROM FIXED 3 ASSETS TO CIP 3-610, "POLICE OCEANFRONT 4 CAMERAS," FOR INSTALLATION OF CAMERAS 5 WEST OF PACIFIC AVENUE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $800,000 is hereby transferred to CIP 3-610, "Police Oceanfront Cameras," 11 with $400,000 from CIP 3-056 "Public Safety Equipment Replacement Project" and 12 $400,000 from Fixed Assets to allow the completion of installation of 11 cameras west of 13 Pacific Avenue. 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: David Bradley T) � arm-yer Budget and Management Services City Attorney's Office CA14149 R-1 September 18, 2017 [ „,,,p-f& t., 51 CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Accept and Appropriate $15,000 from the Virginia Aquarium Foundation Inc. to CIP 3-306, "Coastal Conservation Garden &Outdoor Adventure Park” MEETING DATE: October 3, 2017 • Background: CIP 3-306, "Coastal Conservation Garden & Outdoor Adventure Park,"was first identified in the Owls Creek Master Plan. The Council adopted this Master Plan as part of the City's Comprehensive Plan in 2011. The Department of Parks and Recreation created a design for the construction of a bridge and woodland preserve area. The project was bid in 2016, and a bridge was constructed to cross Owls Creek. Currently, the project has$75,647 in remaining appropriations. The Aquarium Foundation would like to increase this amount by $15,000 through a donation from the Williams Family fund to ensure the project can be bid based on the engineering estimate of approximately $85,000. This will allow for the construction of a mulch trail and a scenic overlook, thus completing the project. This additional funding will enhance the planned natural area and improve the overall citizen experience. • Considerations: This appropriation will allow the Department of Parks and Recreation to bid the project for the completion of the trail. • Public Information: Information will be disseminated to the public through the normal process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Dep. • s ency: Aquariums and Historic Homes City Manager: Ilk 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $15,000 FROM THE VIRGINIA AQUARIUM 3 FOUNDATION TO CIP 3-306, "COASTAL 4 CONSERVATION GARDEN & OUTDOOR 5 ADVENTURE PARK" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $15,000 is hereby accepted from the Virginia Aquarium Foundation and 11 appropriated, with donation revenue increased accordingly, to CIP 3-306, "Coastal 12 Conservation Garden & Outdoor Adventure Park" for the construction of a mulch trail and 13 scenic overlook. 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 the City Council. APPROVED AS TO CONTENT: NTENT: APPROVED AS A '� TO LEGAL SUFFICIENCY: David Bradley lead yer Budget and Management Services City Attorney's Office CA14156 R-1 September 20, 2017 M` [ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Appropriate Funds and to Provide an Interest-Free Loan to the Plaza Volunteer Fire Company and Rescue Squad, Inc. for the Purchase of a New Ambulance (2) An Ordinance to Appropriate Funds and to Provide an Interest-Free Loan to the Kempsville Rescue Squad, Inc. for the Purchase of a New Ambulance MEETING DATE: October 3, 2017 • Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their annualindividual squad fund drives. Depending on the availability of funds, the City provides some financial support for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. Also, the City has historically provided short term, no-interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. This agenda item is for two loans. One is for the Plaza Volunteer Fire Company and Rescue Squad in the amount of$155,000. The other is for the Kempsville Rescue Squad in the amount of $82,000. The loans will assist in the purchase of a new ambulance to replace an old one that has exhausted its useful service life. • Considerations: This agenda request includes letters from the two rescue squads making the request. In both cases, the squads will also receive a grant from the Virginia Rescue Squad Assistance Fund. The total cost of the Plaza ambulance (and required electronic stretcher)is$289,000, and the loan will be payable in five equal annual payments of$31,000 each with the first payment due on October 31, 2018. The total cost of the Kempsville ambulance is$162,583, and the loan will be payable in five equal annual payments of$16,400. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Alternatives: The alternative to this request is to pursue a business loan from a private financial institution, which will be costlier. • Recommendations: The adoption of the attached ordinances. • Attachments: Ordinances (2); Loan Agreements (2); Promissory Notes (2); Letters requesting a loan (2); Disclosure Forms (2) Recommended Action: Approval Submitting De• . men a •ency: Department of Emergency Medical Services��y� City Manage �'^r '/Y" 1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO 2 PROVIDE AN INTEREST-FREE LOAN TO THE PLAZA 3 VOLUNTEER FIRE COMPANY AND RESCUE SQUAD, INC. 4 FOR THE PURCHASE OF A NEW AMBULANCE 5 6 WHEREAS, the Plaza Volunteer Fire Company and Rescue Squad, Inc. has 7 requested an interest free loan of $155,000 to purchase a replacement ambulance with 8 required equipment. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $155,000 is hereby appropriated from the fund balance of the General 14 Fund for an interest-free loan to the Plaza Volunteer Fire Company and 15 Rescue Squad, Inc. for the purchase of a replacement ambulance; and 16 17 2. That this loan is to be repaid by Plaza Volunteer Rescue Squad over five (5) 18 years, pursuant to the terms of the attached agreement and promissory note. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: `V7 ,.�U J David Bradley ■ , -, - _ er Budget and Management Services City Attorney's Office CA14151 R-1 September 20, 2017 Agreement between the City of Virginia Beach and the Plaza Volunteer Fire Company and Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA("CITY") and the Plaza Volunteer Fire Company and Rescue Squad, Inc. a Virginia non-stock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services,and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices,pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless 1 prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then,upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. PLAZA VOLUNTEER FIRE COMPANY AND CITY OF VIRGINIA BEACH RESCUE SQUAD, INC City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $155,000 Virginia Beach, Virginia October, 3 2017 FOR VALUE RECEIVED, Plaza Volunteer Fire Company and Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, (`Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of ONE HUNDRED FIFTY FIVE THOUSAND DOLLARS ($155,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%) per annum. Payment on principal shall be as follows: On or before October 31,2018 - $31,000 On or before October 31,2019 - $31,000 On or before October 31, 2020 - $31,000 On or before October 31, 2021 - $31,000 On or before October 31, 2022- $31,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part,before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Plaza Volunteer Fire Company and Rescue Squad, Inc. (SEAL) Title: Date: DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Plaza Volunteer Rescue Squad SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ✓❑ ❑ Accounting and/or preparer of White, Anderson &Associates your tax return PC Financial Services (include Beach Municipal Federal ❑✓ ❑ lending/banking institutions and current mortgage holders as Credit Union applicable) ❑ Legal Services Shuttleworth, Ruloff, Swain, Haddad & Morecock, P.0 N/A 9 O Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. � --� Christopher Florio, President 08/23/17 APPLICANTS SIGNATURE PRINT NAME DATE voLuA, Plaza Volunteer Rescue Squad co Post Office Box 2128 Virginia Beach,Virginia 23450 * 1:3* Station:(757)385-2864 I Emergency:911 0 PO www.helpplaza.org SCU Serving the Community Since 1962 Chief FJ Brazle August 15th Virginia Beach Department of EMS 2017 477 Viking Drive.Suite 130 Virginia Beach.VA 23452 Dear Chief Brazle. I am writing on behalf of the Plaza Volunteer Rescue Squad to request a zero interest loan from the City of Virginia Beach. The loan will be used for the purchase of a new ambulance for our rescue squad. This ambulance will be a replacement for unit 1622 a 2006 model ambulance with over 235,000 miles still currently in rotation. We need to replace this ambulance to keep our fleet in serviceable condition and prevent unnecessary downtime. Our current fleet of live ambulances and is vital to the expansion and staffing of our squad and excellent service to our citizens. The total cost of the replacement ambulance is $289.000.00 with an additional $18,000.00 for the required electronic stretcher. On January 1, 2017 our agency was awarded a Rescue Squad Assistance Fund 50/50 grant from the Virginia Office of Emergency Medical Services in the amount of$144,500.00 to apply to the purchase of the replacement ambulance. Plaza would like to request a loan for $155,000.00 for the ambulance and required electronic stretcher to help make up the remainder. Plaza would like to repay this loan in five annual installments of$31,000.00. Plaza currently does not have any outstanding loans at this time. The squad is very appreciative of the opportunities for zero interest loans afforded by the City of Virginia Beach. Future requests for continued replacements and modernization of the fleet should be expected with the assistance of City Automotive Services. Thank you for your consideration of our request and sponsoring it for action by the Virginia Beach City Council. If you need any further information or have any questions please let us know. Sincerely, Christopher Florio, President Plaza Volunteer Rescue Squad Virginia Beach, VA 1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO 2 PROVIDE AN INTEREST-FREE LOAN TO THE KEMPSVILLE 3 VOLUNTEER RESCUE SQUAD, INC. FOR THE PURCHASE 4 OFA NEW AMBULANCE 5 6 WHEREAS, the Kempsville Volunteer Rescue Squad has requested an interest free 7 loan of$82,000 to purchase a replacement ambulance with required equipment. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That $82,000 is hereby appropriated from the fund balance of the General 13 Fund for an interest-free loan to the Kempsville Volunteer Rescue Squad for 14 the purchase of a replacement ambulance; and 15 16 2. That this loan is to be repaid by Kempsville Volunteer Rescue Squad over 17 five (5) years, pursuant to the terms of the attached agreement and 18 promissory note. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley ants.: me(Sier Budget and Management Services City Attorney's Office CA14150 R-1 September 20, 2017 Agreement between the City of Virginia Beach and the Kempsvfe Rescue Squad Inc. THIS AGREEMENT is made and entered into this day of , 2017, by and between the CITY OF VIRGINIA BEACH,VIRGINIA("CITY")and the Kempsville Rescue Squad Inc., a Virginia nonstock corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including,but not limited to mobile communications devices, pagers,and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle,unless 1 prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then,upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. KEMPSVILLE CITY OF VIRGINIA BEACH RESCUE SQUAD INC. City Manager/Authorized Designee By: Title: Date ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $82,000 Virginia Beach, Virginia October,2017 FOR VALUE RECEIVED, Kempsville Rescue Squad, Inc. ("Maker")promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of EIGHTY TWO THOUSAND DOLLARS ($82,000)together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent(0%)per annum. Payment on principal shall be as follows: On or before October 31, 2018 - $16,400 On or before October 31, 2019 - $16,400 On or before October 31, 2020 - $16,400 On or before October 31, 2021 -$16,400 On or before October 31, 2022 - $16,400 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Kempsville Rescue Squad Inc. (SEAL) Title: Date: DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: (SOL-LE VOLO a CGS _Liati SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES,please Identify the firm or individual providing the service: YES NO SERVICE PROVIDER/meaddtional sheets If need) ❑ Accounting and/or preparer of ecreaml CO your tax return ,.p.; '/©lr�c t74 _. Financial Services(Include �iWiV�i F.�tf'/UNK Er Ellending/banking Institutions and current mortgage holders as applicable) Uq WVA ❑ ;VII Legal Services 0 Broker/Contractor/Engineer/Other Service Providers r i rF PTlCR: Ith . e, alloi .h aro_,natix Lula :;i ompkte frLie, and accurate. understand I am responsible 'or ohuann,-, r r� . if a changes prior w the Cou icil acnor up r.; 1,� d '551 NATURE _- PRIM NAME ATE KEMPSVILLE RESCUE SQUAD INC. P.O BOX 62345 * VIRGINIA BEACH, VA 23466 757-340-KVRS * www.kvrs.org July 20,2017 Chief Ed Brazle Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Brazle, I'm writing on behalf of the Kempsville Volunteer Rescue Squad to request a No-Interest Loan from the City of Virginia Beach.The loan will be used for the purchase of a new ambulance for our squad. This new ambulance will be a replacement for Unit 923 which is a 2010 model ambulance with approximately 190 thousand miles. We need to replace this ambulance to keep our fleet in serviceable condition and prevent unnecessary downtime. We hope to have the new unit in service by mid-summer. The total cost of the new ambulance is $162,583.00 and we would like to request a loan for Eighty Two Thousand dollars,which we would like to repay in five annual installments. Currently,Kempsville Volunteer Rescue Squad has three loans with the city: • Loan# 1 (Unit 920)has an annual payment of$16,000.00 due August 30 each year through 2017 with 1 payment remaining. • Loan#2(Unit 924)has an annual payment of$15,200.00 due August 30 each year through 2020 with 4 payments remaining. • Loan#3 (Unit 925)has an annual payment of$32,600.00 due August 30 each year through 2021 with 5 payments remaining. If you need any further information please let me know. Thank you for your consideration of our request. Sincerely, fan , BiieCU? James Brewer,Ambulance Coordinator [ „,„;., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Federal Emergency Management Agency for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: October 3, 2017 • Background: The Federal Emergency Management Agency (FEMA), which is the emergency preparedness branch of the Department of Homeland Security, has continually provided funding for Virginia Task Force 2 (VA-TF2) Urban Search and Rescue Team since its creation in 1989. The funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the team at an expected level of response capability and state of readiness. The Virginia Beach Fire Department is the sponsoring agency for VA-TF2. • Considerations: FEMA has awarded $1,501,013 to VA-TF2 to support ongoing expenses for a one-year grant period from September 1, 2017 through August 31, 2018. The grant does not require a local match. FEMA provides funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This preparedness grant continues funding 2.25 FTEs previously approved by City Council in the current FEMA cooperative agreement grant including 1 full-time position (Admin Technician) and 2 part-time positions (Training Manager and Logistics Manager—total of 1.25 FTE). The grant also provides continued funding for the facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA—TF2 at required performance levels. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval /�C Submitting Departm- . , gency: Fire Department ��[ City Manager: /� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR THE CONTINUED 4 OPERATION OF THE VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $1,501,013 is hereby accepted from the Federal Emergency Management 11 Agency and appropriated, with federal revenue increased accordingly, to the 12 FY 2017-18 Operating Budget of the Fire Department for the FY 2017-18 13 Cooperative Agreement Grant that continues operation of the Virginia Task 14 Force 2 Urban Search and Rescue Team; and 15 16 2) 2.25 positions or FTEs, including one full-time position (Administrative 17 Technician) and two part-time positions (Training Manager and Logistics 18 Manager totaling 1.25 FTEs), are approved and maintained in the FY 2017- 19 18 Operating Budget of the Fire Department, provided such positions are 20 conditioned upon continued grant funding. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ti i\J � /4 - David Bradley i Dana. ( • er Budget and Management Services i Attorney's Office CA14158 R-1 September 21, 2017 €( S� Fi CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Accept and Appropriate $1.4 Million Related to the Mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricane Irma (2) An Ordinance to Accept and Appropriate $400,000 Related to the Mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricane Harvey MEETING DATE: October 3, 2017 • Background: The Virginia Beach Fire Department is the sponsor agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. On August 27, 2017, the team received activation orders to assist with Hurricane Harvey rescue efforts in Houston, TX. VA-TF2 deployed 20 team members to assist with rescue missions in flooded areas of the South. On September 4, 2017, the team received activation orders to deploy 46 team members to assist with Hurricane Irma rescue efforts in Puerto Rico. On September 7, 2017, an additional 16 team members were deployed bringing the total number of team members deployed for Hurricane Irma to 62. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred to support this event. As the sponsor agency, the City of Virginia Beach Fire Department is responsible for the administrative and fiscal management of the Virginia Task Force 2 USAR team and its assets. Consistent with previous deployments, the Department of Homeland Security (DHS), FEMA authorizes the reimbursement of all eligible expenses related to activation, mobilization, deployment, and demobilization of Virginia Task Force 2. Based on the size and type of deployment, the estimated cost for Hurricane Harvey is $400,000 and Hurricane Irma is $1.4M; however, the actual cost will be better known once the reimbursement request documents have been finalized. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinances (2) Recommended Action: Approval 6112-- Submitting De: :rtm A.ency: Fire Department City Manager: T/ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1.4 MILLION RELATED TO THE MOBILIZATION OF 3 THE VIRGINIA TASK FORCE 2 FEMA URBAN 4 SEARCH AND RESCUE TEAM FOR HURRICANE 5 IRMA 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $1,400,000 from the Federal Emergency Management Administration is 11 hereby accepted and appropriated, with federal revenue increased accordingly, to the FY 12 2017-18 Operating Budget of the Fire Department for costs associated with the Hurricane 13 Irma mobilization of the Virginia Task Force 2 Urban Search and Rescue Team. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 David Bradley I `J arm-yer Budget and Management Services City Attorney's Office CA14154 R-1 September 20, 2017 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $400,000 RELATED TO THE MOBILIZATION OF THE 3 VIRGINIA TASK FORCE 2 FEMA URBAN SEARCH 4 AND RESCUE TEAM FOR HURRICANE HARVEY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That$400,000 from the Federal Emergency Management Administration is hereby 10 accepted and appropriated, with federal revenue increased accordingly, to the FY 2017- 11 18 Operating Budget of the Fire Department for costs associated with the Hurricane 12 Harvey mobilization of the Virginia Task Force 2 Urban Search and Rescue Team. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ) u, David Bradley Da • ,rm er Budget and Management Services ity -ttorney's Office CA14155 R-1 September 20, 2017 [ s,z, fr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $900,605 from the Fund Balance of the General Fund to the Operating Budget of the Fire Department and to Increase Full-Time Positions in the Fire Department for the Fort Story Fire Station MEETING DATE: October 3, 2017 • Background: The North End is a portion of the City that has a fire response time that exceeds four minutes. The main reason for this response time is the lack of available land for a fire station. The Fire Department is in talks with the Joint Expeditionary Base Little Creek Fort Story about a proposal to share the Fort Story Fire Station. City staff briefed the City Council at their September 26, 2017 Workshop Session regarding the costs and personnel associated with this initiative. • Considerations: In order to staff and equip the Fort Story Fire Station, it is necessary to establish 15 new firefighter recruit positions and appropriate $900,605 to the Operating Budget of the Fire Department. Funding for this initiative will be appropriated from the fund balance of the General Fund. The benefits from this initiative include: • Improved mutual aid capacity to support the Joint Expeditionary Base Little Creek Fort Story; • Significantly lower costs than buying land and building a fire station; • Early application of water, which reduces the rapid spread of fire in this tightly constructed community and First Landing State Park; and • Improved survivability profile for citizens with life-threatening medical emergencies, water emergencies or those trapped by fire. • Public Information: Public information will be handled through the normal Council agenda process. This item was discussed at the September 26, 2017 Workshop Session, which was broadcasted and re-broadcasted to the viewing public. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval �/p� Submitting De. - me. :gency: Fire Department City Manager: �, 1 AN ORDINANCE TO APPROPRIATE $900,605 FROM 2 THE FUND BALANCE OF THE GENERAL FUND TO 3 THE OPERATING BUDGET OF THE FIRE 4 DEPARTMENT AND TO INCREASE FULL-TIME 5 POSITIONS IN THE FIRE DEPARTMENT FOR THE 6 FORT STORY FIRE STATION 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1) That $900,605 is hereby appropriated from the fund balance of the General 12 Fund to the FY 2017-18 Operating Budget of the Fire Department to staff and 13 equip the Fort Story Fire Station. 14 15 2) That 15 additional full-time-equivalent positions are hereby established in the 16 FY 2017-18 Operating Budget of the Fire Department to staff the Fort Story 17 Fire Station. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: // Kevin Chatellier . ,Hit•y= Budget and Management Services City Attorneys Office CA14161 R-3 September 27,2017 I. PLANNING 1. THE ENCLAVE AT PA BC, LLC, DISTRICT 7—PRINCESS ANNE: a. ANTHONY B. HUFFMAN,JR. for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to PD-1-12 Planned Unit Development (R-7.5 Residential)to establish Phase 2 at 2754, 2804 and 2808 North Landing Road b. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC., Modification of Proffers to account for the addition of Phase 2 at the North side of North Landing Road, West of West Neck Road (Approved November 22, 2011) Deferred August 15, 2017 RECOMMENDATION: APPROVAL 2. GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. and MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST, DISTRICT 7—PRINCESS ANNE: a. Conditional Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business APPLICANT REQUESTS TO WITHDRAW b. Conditional Use Permit re a religious use at 2285 London Bridge Road RECOMMENDATION: DENIAL 407 :5 si NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virgnia Beach will be held in the Council chamber of the City Hall Building.Municipal Center,Virginia Beech. Virginia,on Tuesday.October 3,2011 at 640 p.m.,at which rime the following applications will be heard: DISTRICT 7-PRINCESS MINE Enclave at PA BC. LLC/Enclave at PA BC, LLC &Anthony B. Huffman, Jr. Conditional Reaonug (AG-1 & AG-2 Agricultural to PD-H2 Planned unit Development (RS15 Residential)), 2754 North Landing Road. 2804 North Landing Road, & eastern 1.2 acres of 2808 North Landing Read (GPINS 1494409163,1494408502.81494407232) DISTRICT 7-PRINCESS ANNE The Enclave at Princess Anne Homeowners Association,Inc.&The Enclave at PA BC.LLC ModiiWe0n 0f Proffers,North Side 0f North Landing Road,2.700 feet west of West Ned( Road (GPINS 1494403579, 1494406621. 1494406672 1494407614, 1494407666, 1494408617. 1494408639, 1494409710, 1494409774, 1494409861, 1494409847. 1494409912, 1494408996, 1494418070, 1494418044, 1494418029, 1494417194, 1494417178, 1494417242, 1494417217, 1494416370. 1494416334, 1494416307, 1494416122, 1494416057, 1494416085. 1494407919, 1494407934, 1494407859, 1494407875. 1494407810, 1494406769, 1494406717, 1494405776, 1494404576. 1494413213) inme Planning Items mva DEFERRED on Tuesday,August 15.2017. These Planning items will be advertised In the Nr®nknPlbt on September 27,2017. All interested parties are invited to attend_ Ruth Ho Fraser,MMC City Clerk Copies of Vie proposed ordinances.resolutions and amendments are on file and may be examined in the Department N Planning or online at Lila LLMww,Ntypv,com(pc Fre nformatlon call 3854621. It you are physically disabled Cr visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 8854903;Hearing impaired call 711(Virginia Relay-Telephone Device for the Deaf). BEACON: September 17,2017,1TME j(l; r NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virgins Beach will be held in the Council Chamber of City Hall Building Municipal Center,Virginia Beach. Virginia,on Tuesday,010ber 3,2017 at Bio pm.,at which time the following applications will be heard: DISTRICT 7-PRINCESS MINE Enclave at PA EC, LLC/Enclave at PA BC, LLC &Anthony B. Huffman, Jr. Conditional Rnorinp (AG-1 & AG-2 Agricultural to PD-H2 Planned Unit Development (R-15 Residential)), 2754 North Landing Road, 2804 North Landing Road, & eastern 1.2 acres of 2808 North Landing Road (GRINS 1494409163.1494408502.&1494407232) DISTRICT 7-PRINCESS NI NE The Enclave at Princess Anne Homeowners Association,Inc.&The Enclave at PA BC,LLC Modification of Proffers,North Side of North Landing Road.2,700 feet west of West Neck Road (GRINS 1494403579, 1494406621, 1494406672, 1494407614, 1494407666, 1494405617, 1494408639, 1494409710, 1494409774, 1494406861, 1494409847, 1494409912. 1494408996, 14060615070, 1494418044, 1494418029, 1494417194, 1494417178, 1494417242, 1494417217, 1494416370, 1494416334, 1494416307, 1494416122, 1494416057, 1494416085, 1494407919, 1494407934, 1494407859, 1494407875, 1494407810, 1494406769, 1494406717, 1494405776. 1494404576, 1494413213) These Planning Items were DEFERRED on Tuesday,August 15,2017 All interested parties are invited to attend. Ruth H s ser,MMC OW Clerk Copies of the proposed ordinances,resolutions and amendments are on tile and may be examined in the Department of Planning or online at btmv/wwwvbCovcom/DC, For information call 3854621_ If you are physically disabled or%%utille impaired and need assistance at this meeting.pease call the CITY CLERKS OFFICE at3954:803;Hearing impaired call 711.(Virginia Relay-Telephone Device for the Deaf). VIRGINIAN-PILOT: September 27,2017-1 TIME 6 At,- e NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber M the City Hall Building Municipal Center. Virginia Beach,Virginia,on Tuesday.October 3. 2017 at 5W pm, at which time the following applications will be heard DISTRICT 7-PRINCE.ANNE Grace able Churn of Virginia Beach. Inc/Mary H. Smith. Trustee of the Mary H. Smith Revocable Trust Cordiional Use Perms (Religious Use) =fling (AG-2 Agricultural to Coudiional 62 Community Buz ss) 2285 London Bridge Road{GRIN 34057025841 interested panes ar M1e0 to attend Ruth naAges reser, City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may ce examined in the Department of Planning or nline at htmuwwmaaS6eal4n8 For information call385-0621 If you are pysblN disabled Or visually Impaired and need assistance at this meeting. please Call the CITY CLERKS OPflCE at IbIL 3.Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf)- BEACON:SEPTEMBER 17 a 24.2017- 111ME EACH 81 Item—VI-L3db PLANNING ITEM#67315 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY,BY CONSENT:Ordinance upon application of THE ENCLAVE AT PA BC,LLC a. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC, for a Modification of Proffers to account for the addition of Phase 2 at the North side of North Landing Road, West of West Neck Road(Approved November 22, 2011) b. ANTHONY B. HUFFMAN, it,for a Conditional Change of Zoning from AG-I and AG-2 Agricultural to PD-H2 Planned Unit Development (R-7.5 Residential) to establish Phase 2 at 2754, 2804 and 2808 North Landing Road DISTRICT 7—PRINCESS ANNE Voting: 9-0 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 E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Macs Council Members Abstaining: Mayor William D. Sessoms,Jr. August 15, 2017 ' - { y J� . : ., ,- . ( 6 e-2--- ti, Vek Aik 0 \,' OP I 14INk4:::*:%/ s ec. _ N in • •c i Vs , "g; 1 11§ OCL 4N .° ♦ , �. lesre r , 14,,..„,„,iki f._ c ;2 I • N'll or .,,, A .1 ..... ,71..... it, 11. . . AI : T... lit 11107111.111*: 1141%. (it V- ,. th cLr•-•,_* -1; 0 Nx.r, _..,7040,5,.., *. • . ict ...... / Niii. ‘, .- ..----' '''''' * ' r--- , _ • _____-___ S$ , f . 1 J �_ 1 Z_ 'f \.% M f� - CD 1_ 13 w- _A N j.......,_. u' _Q a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ENCLAVE AT PA BC, LLC, ENCLAVE AT PRINCESS ANNE HOA, INC., & ANTHONY HUFFMAN, JR. [Applicants & Property Owners] Conditional Change of Zoning (AG-1 & AG-2 Agricultural to PD-H2 Planned Unit Development [R-7.5]) Modification of Proffers (of a Conditional Rezoning approved November 22, 2011) NORTH SIDE OF NORTH LANDING ROAD, 2,700 FEET WEST OF WEST NECK ROAD (GPINs 1494403579, 1494406621, 1494406672, 1494407614, 1494407666, 1494408617, 1494408639, 1494409710, 1494409774, 1494409861, 1494409847, 1494409912, 1494408996, 1494418070, 1494418044, 1494418029, 1494417194, 1494417178, 1494417242, 1494417217, 1494416370, 1494416334, 1494416307, 1494416122, 1494416057, 1494416085, 1494407919, 1494407934, 1494407859, 1494407875, 1494407810, 1494406769, 1494406717, 1494405776, 1494404576, 1494413213, 1494409163, 1494408502, 1494407232). COUNCIL DISTRICT - PRINCESS ANNE MEETING DATE: October 3, 2017 • Background: This item was deferred by City Council at the August 15h public hearing. In 2011, the City Council approved a rezoning for Phase 1 of the Enclave at Princess Anne. This rezoning established a 16.87-acre, 34-lot neighborhood with a zoning of PD- H2(R-7.5), which included 1.52-acre dedication to the City of Virginia Beach for the future extension of Nimmo Parkway. The applicant's current request consists of two parts: (1) rezoning 5.63 acres adjacent to Phase 1 to establish Phase 2 of the neighborhood and (2) revising the 2011 proffers to account for the addition of Phase 2 to Phase 1. The application was deferred by the Planning Commission at the June 14, 2017 public hearing, primarily to provide the applicant with additional time to consider the open space components of the plan. As a result of this deferral, the request was revised and the number of proposed lots was decreased from 19 lots to 17 lots. The request to rezone 5.36 acres to PD-H2(R-7.5), which is the same zoning as Phase 1, is for the purpose of adding 17 single-family lots to the Enclave at Princess Anne community. The parcels proposed to be rezoned for Phase 2 are located outside of any AICUZ as well as the Interfacility Traffic Area (ITA) Overlay Enclave at PA BC, LLC, Enclave at Princess Anne HOA, Inc., &Anthony Huffman, Jr. Page 2 of 3 zoning district. There are nine proffers with the rezoning. The proffers address the site layout, building elevations, open space, ingress/egress, dimensional requirements, and maintenance of the open space areas by the Homeowners' Association resulting from the combination of Phases 1 and 2. The modification of the proffers for Phase 1 are necessitated by the addition of Phase 2 to the community. The revisions are as follows: o Clarification that the combined open space and community amenities will be maintained by the Homeowners' Association, consistent with the requirements of Section 1127 of the Zoning Ordinance. o Clarification that the City will convey to the applicant the area of the site currently reserved for a cul-de-sac that would have been installed when the neighborhood gained access to Nimmo Parkway. The 2011 proffers require closure of the North Landing Road access when connection to Nimmo Parkway is made. The closure would require the construction of a cul-de-sac to allow vehicles to turn-around. The cul-de-sac area will no longer be necessary since, at the time the Nimmo Parkway connection is made, Rod Poccheschi Way will continue past the area reserved for the cul-de-sac to provide access to Phase 2. o Clarification that when the connection to Nimmo Parkway is made, the portion of Rod Poccheschi Way to be closed and restored to natural open space will consist of only the 425 feet from North Landing Road to the Phase 2 access point. The 2011 proffers specify a distance of 900 feet, which is the length of roadway from the future cul-de-sac location to North Landing Road. o A maximum lot coverage requirement is being added to the Phase 1 area. This will resolve a degree of confusion that has occurred during review of the houses for permitting, as the 2011 proffers did not provide a maximum lot coverage percentage.The revision to this proffer will add a maximum lot coverage of 43.5 percent, with the exception of Lots 13 and 31 (which are already built and sold and have lot coverage percentages higher than 43.5 percent). Since the time of City Council's deferral of these applications on August 15th, the applicant has added Proffer 8 for the purpose of enhancing pedestrian and bicycle connectivity to the overall sidewalk and trail system in this area. The applicant is proffering that when construction of Phase 2 commences, the applicant will construct a multi-purpose trail within the Nimmo Parkway right-of-way from where Nimmo Parkway will terminate at the access to the Veterans Care Center to the existing cul-de-sac at Rod Pocceschi Way. Approximately 1,000 feet of trail will be installed, and will be constructed to a design standard that will be provided by the City to the applicant. Enclave at PA BC, LLC, Enclave at Princess Anne HOA, Inc., & Anthony Huffman, Jr. Page 3 of 3 • Considerations: The applicant's proposed development is located outside of any AICUZ area as well as outside of the ITA Overlay District. There are limited places in the eastern part of the city where there are no AICUZ restrictions; the area around the Municipal Center is the only such place in this part of the city. The proposed development falls within this area, and is also located where public utilities are already available, and on land already developed with single-family dwellings and garden crops. Consistent with the Comprehensive Plan's policy recommendations for this area, the proposed development will be located on land already in use rather than environmentally sensitive land or land in productive agricultural use. The ITA Plan also encourages open spaces and trails within residential and non- residential developments. Approximately 50 percent of the acreage in Phase 1 is designated for open space use, all of it falling within the ITA Overlay zoning district where dwelling density of this nature is not permitted. With the combination of Phase 1 and Phase 2, the applicant provides additional open space areas (41.5 percent of the total site is designated open space and recreation). An extension of the interior trail system is also included that will eventually link to the multi-purpose trail system of Nimmo Parkway. As specified by the Comprehensive Plan, the applicant submitted a preliminary stormwater drainage study. The review of the study by City staff found that the preliminary system was acceptable, subject to the modification of the size of the existing stormwater management facilities located in Phase 1. Those modifications are shown on the proffered site plan. • 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 10-0 to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D=� r � gency: Planning DepartmenttZ� l. �� � City Manager: ,e 1 FF "J1'r�l "NB Applicants & Property Owners Enclave at PA BC, Agenda Items LLC, Enclave at Princess Anne HOA, Inc., & Anthony Huffman, Jr. D Public HearingJuly 12, 2017 D4 5 Virginia Beach city Council Election District Princess Anne Requests Conditional Rezoning AG-1 &AG-2 Agricultural to PD-H2 Planned Unit Development (R-7.5 Residential) Modification of Proffers of a Conditional Rezoning approved November 22, 2011 Staff Recommendation 1VI dB O N L s, C4"4 Approval 1 Ne '-? Staff Planner s a. Stephen J. White y s `Y . 3. F A Location & GPINs / Modification of Proffers f w North Side of North Landing Road, 2,700 feet to west of West Neck Road (There are 38 GPINs- Cu`ousk time onstein0`"s see Disclosure Statements for GPINs) Location & GPINs/ Rezoning 2754 North Landing Road, 2804 North LandingEl Road & eastern 1.20 acres of 2808 North o°""„.y ANa^^ Landing Road (1494409163, 1494408502, & kF°`"j 1494407232) I 10.. 2011 REZONING (Phase 1) —under development— Site Size ' 1� 20.71 acres g�`,, AICUZ x �,e Less than 65 d6 DNLt.. ry Watershed Southern Rivers 101 PROPOSED Existing Land Use and Zoning District `1 s c oN Three single-family dwellings, wooded area,and 5. % (Phese2) a partially developed single-family residential 1 ` , subdivision/ PD-H2 (R-7.5), AG-1 & AG-2 Qo•° N° C, 1 `'i Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 1 Surrounding Land Uses and Zoning Districts North Right-of-way for future Nimmo Parkway, woods, golf course/AG-1 Agricultural South Single-family dwellings/AG-2 Agricultural, R-30 Residential (Open Space Promotion) East Woods, cultivated field [site of future Veterans Care Center]/AG-1 &AG-2 Agricultural West Single-family dwellings, cultivated fields/AG-1 &AG-2 Agricultural Background and Summary of Proposal The Planning Commission deferred these applications during its June 14, 2017 public hearing. The purpose of the deferral was to allow the applicant time to revise the plan and proffers to respond to concerns expressed by the commission.The principal concerns were (1) providing open space that could be used for field activities and/or sports, and (2) reducing the number of dwelling units by two to four, resulting in increased spacing between the dwelling units, as well as potentially providing area that could be used for increased active open space. In response to the concerns, the applicant is proffering a plan and associated proffers that revise the originals as follows: 1. Reduction in the number of proposed dwelling units in Phase 2 from 19 to 17; 2. Increase in the setback width of lots in Phase 2 (as a result of the reduction of the two dwelling units); 3. Addition of four proposed building designs; 4. Revision of maximum lot coverage for Phase 2; and 5. Provide revisions to the Conditional Zoning Agreements (CZAs)that address ordinance requirements pertaining to format, consistency between the two CZAs, and associated issues. The summary that follows is based on the revisions; however,where a change has occurred,the change is noted. Phase 1 (Modification of Proffers) • Phase 1 was conditionally rezoned to PD-H2(R-7.5) in November 2011. The proffers and proffered plan permitted development of the site with 34 single-family dwellings. • The dwellings were located on the eastern side of the site, as that part is outside of the Interfacility Traffic Area (ITA) Overlay zoning district, where residential development of this density is not permitted.The zoning line separating the ITA Overlay District from the area outside the district, as well as outside any AICUZ, runs diagonally north to south through the northwestern portion of the site.The map below shows the separation of the site as just described as well as the site's location within the Princess Anne Commons/ ITA Planning Area as designated by the Comprehensive Plan. • There is one house (original to the site prior to 2011),wooded areas, and open space on the western side of the site.The western side is located within the ITA Overlay zoning district, and accordingly, no dwellings are or will be located in that area of the site. Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 2 • The original total site area of A 404 INTERFACILITY TRAFFIC // y�, ,D<� AREA(ITA)OVERLAY Phase 1 was 16.87 acres, of which A / S ZONING DISTRICT // �5�4 �;�0, 1.52 acres was dedicated to the 85.70 City of Virginia Beach as right-of- AICUZ / a, way for the extension of Nimmo Parkway.The policies and PRINCESS ANNE rOMMONS/ITA recommendations applicable to PLANNING AREA oda Phase 1 at the time of its rezoning were from the 2009 )) FF° NISTORIG&CULTURAL Comprehensive Plan.The ( OVERLAY ZONING DIST RICT Comprehensive Plan designated INTERFACILITY TRAFFIC � L•SAS'CVZ E. AREA(ITA)OVERLAY GL this area as the Princess Anne ZONING DISTRICT i PSr4' Commons/ ITA Planning Area. The P policies for that area, and in °dw particular,the Princess Anne 66-70 \s0), AICUZ Commons Design Guidelines, were R°ad used to evaluate the 2011 N°ct`,\-3° n$' application. At that time, the policies and guidelines L••,Men 66 AIC LIZ recommended that development 0.0. should strive to achieve 50 percent of a development site for open space. The 2011 plan for Phase 1,therefore, includes 8.40 acres of designated open space, which was approximately 50 percent of the total site area. • The table below shows the dimensional requirements of the PD-H2 Land Use Plan for Phase One. These supersede the dimensional requirements of the underlying R-7.5 District. All other dimensional requirements of the R-7.5 Residential District apply to Phase 1, as specified by the Zoning Ordinance for PD-H2 developments: MINIMUM LOT SIZE 5,000 square feet FRONT YARD SETBACK 20 feet REAR YARD SETBACK 10 feet SIDE YARD SETBACK 5 feet • Per the 2011 proffers and the proffered plan, access to the site would be from North Landing Road. The proffers also addressed changes to the access in the future should Nimmo Parkway, located on the north side of the site, be constructed. Proffer 3, below,established the process for moving the primary access for the community from North Landing Road to Nimmo Parkway: If Nimmo Parkway has been constructed and opened for travel,vehicular access shall be from Nimmo Parkway as depicted on the Concept Plan and no vehicular access shall be from North Landing Road. . . . If and when Nimmo Parkway is extended . . , access shall be shifted by the [City] to Nimmo Parkway and the then existing access road from North Landing Road shall be closed and removed by the [City]. When access is shifted to Nimmo Parkway, a cul-de-sac shall be improved to the west of Lot 1 by the [City] on right-of-way dedicated with the recordation of this Subdivision as depicted on the Concept Plan.The closed section of roadway shall be conveyed to the Homeowner's Association and added to the adjacent Open Space which the Association will be responsible to maintain. When the subdivision plat for Phase One was recorded, right-of-way was established for the connection to Nimmo Parkway, and an area was reserved for the future cul-de-sac mentioned in Proffer 3 opposite of Lot 1,adjacent to Lot 34.The right-of-way to be closed and restored to open space consists of the portion of the roadway from North Landing Road to the cul-de-sac Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 3 reservation (approximately 900 feet in length). • The applicant's current request to modify the proffers of the 2011 rezoning is summarized below. o Proffer 3:The 2011 version of this proffer specifies that the 900 feet from the roadway described above would be closed and converted to open space by the City upon connection of what is now Rod Poccheschi Way to a completed Nimmo Parkway.The access to proposed Phase 2 will be located 425 feet from North Landing Road; therefore,the proffer must be revised to remove the remaining 475 feet of roadway from the provisions of this proffer that address the closure if the right-of-way and its conversion to open space. o Proffer 7:The applicant is revising this proffer to add a requirement for lot coverage to Phase One. This will resolve a degree of confusion that has occurred during review of the houses for permitting. The revision to this proffer will add a maximum lot coverage of 43.5 percent all lots except Lots 13 and 31 (which are already built and sold with lot coverage of 47.6 percent and 46.52 percent, respectively. The revised proffer sets the maximum lot coverage for those lots to those percentages. o Proffer 10: Revises the proffer to provide for the addition of the open space areas in Phase 2 and Phase 1, including the requirement for the maintenance of the open space and its amenities by the Homeowners Association (HOA), as required by Section 1127 of the Zoning Ordinance.The proffer also notes that the City will convey to the applicant the area of the site currently reserved for a cul-de-sac mentioned in Proffer 3, as that area will no longer be necessary with the extension of Rod Poccheschi Way to the proposed point of access to Phase 2,within which adequate turn-around will be available within the cul-de-sacs within that area. Phase 2 (Conditional Rezoning) • In 2011, when Phase 1 was rezoned,there were seven parcels remaining between Phase 1 and North Landing Road. Two of those parcels have since been purchased by the applicant, and the applicant has a contract to purchase a portion of a third parcel. The combined area of the parcels is 5.36 acres. The parcels proposed to be rezoned for Phase 2 are located outside of any AICUZ and the ITA Overlay zoning district. • The applicant is requesting a rezoning of the parcels to PD-H2(R-7.5), the same zoning as Phase 1,for the purpose of adding 17 lots to the Enclave at Princess Anne community. [REVISION NOTE:This is a reduction of two lots from the plan presented for the June 14 public hearing]. • There are nine proffers, which include a proffered site plan and building elevations. • The development of Phase 2 and its integration with Phase 1 will be as shown on the submitted site plan referenced in Proffer 1: o Access to the site will be from Rod Pocceschi Way,which currently connects to North Landing Road and extends to a cul-de-sac in Phase 1 adjacent to the Nimmo Parkway right-of-way. o There will be 17 lots that front on one of two cul-de-sac-de-sacs. The lot sizes and lot widths are consistent with those in Phase 1, ranging between 5,575 square feet and 7,448 square feet, and all of the lots have widths of 50 feet or more. [NOTE: The lot sizes of the lots shown on the plan proffered for the June 14 public hearing were consistent with sizes of the lots in Phase 1 —5,004 square feet to 7,417 square feet]. o The right-of-way of the cul-de-sac that runs west to east from Rod Pocceschi Way will be extended beyond the cul-de-sac to the property line of the parcels to the east(2740 and 2744 North Landing Road). Extending the right-of-way beyond the top of the cul-de-sac ensures that should a residential development be proposed at some point in the future on those lots,there will be an opportunity for access through Phase 2 rather than directly from North Landing Road. Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 4 o The northern portion of the site being rezoned is currently the rear yard of a lot with an existing single- family house.This lot currently has access to North Landing Road via an ingress/egress easement. The house will remain in place, and the Phase 2 development will continue to provide access to this lot by connecting the existing driveway to the new cul-de-sac. o There are two open space areas. One is located between the rear of Lots 1 through 9 in Phase 1, and the rear of Lots 1 through 6 in proposed Phase 2. The second open space area is located between the rear of Lots 7, 8, 9, 12, and 13 in proposed Phase 2 and North Landing Road. Each of the areas has a stormwater pond with an encircling trail.Total acreage of the open space areas is 1.90 acres. o The trails around the stormwater ponds connect with the larger trail system through Phase 2, as shown on the proffered plan, which then connects to the trail system through Phase 1, and eventually,to the trails that will be constructed with Nimmo Parkway. o The density of the area being rezoned (Phase 2 on the proffered site plan) is 3.17 dwelling units per acre. [REVISION NOTE: The density of Phase 2 for the plan presented for the June 14 public hearing was 3.50 units per acre, which is the maximum allowed for a PD-H2 District with R-7.5 Residential as the underlying zoning district]. o The dimensional requirements, which are specified in Proffer 6, are similar to those in Phase 1, with some exceptions where the requirements exceed those proffered with Phase 1. [REVISION NOTE: The minimum side yard setback for Phase 2 has increased since the June 14 public hearing, primarily due to the elimination of two dwelling units from the plan, providing additional area. A 'minimum side yard setback adjacent to a street'has also been added]. o The applicant is proffering 12 building elevations for the dwellings [REVISION NOTE:Four new house designs have been added since the June 14 public hearing. The new designs are consistent in style and exterior materials with those previously proffered].The exterior building material choices for the dwellings are proffered as brick, stone,fiber-cement siding, hardiplank, cedar shake, and faux shake, all of earth-tone colors. o At the recommendation of Staff, as well as the Transition Area-Interfacility Traffic Area Citizen Advisory Committee,the applicant has included a 'Tot Lot'for the community.This amenity will be located in the area where currently reserved for the cul-de-sac adjacent to Lot 43 in Phase 1.This location will place the amenity at the center of the community (combination of Phases 1 and 2). 00442 RFi -7.5)* Zoning History A -1 ‘...f4 '�� # Request 1 CRZ(AG-1/AG-2 to PD-H2[R-7.5))Approved 11/21/2011 a\oasow� ����'� A�,2^ 2 CUP(Sewage Treatment Facility)Approved 05/24/2011 :• : ,,, - 3 SVR Approved 11/28/2006 r� PD-H2 4 CRZ(AG-1/AG-2 to R-30)Approved 03/04/2003 d 4 R-7.S • �j • ;i�® CUP(Open Space Promotion) Ad-2 ;. '� ��l �0;: R-30' A�� 3 AG_2\ \ , FF yR-30" Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 5 CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The site is located within an area designated by the 2016 Comprehensive Plan as 'Princess Anne Commons/ ITA Planning Area.' This is an extensive area that stretches from Tidewater Community College at the north to the North Landing River at the south. It includes the ITA Overlay zoning district as well as the Municipal Center and much of the Courthouse Historic and Cultural Overlay zoning district.The map below shows the subject site in relationship to the overlay zoning districts, Princess Anne Commons, and the AICUZ. Land use and development recommendations within Princess Anne Commons/ ITA Planning Area are provided by the 2016 Comprehensive Plan, and in particular, by the A; °d Interfacility Traffic and Vicinity Master Plan `PJS (ITA Plan).The ITA Plan has no specific 9'0 ,� recommendations for the parcels located A04 o�µ� between North Landing Road and Nimmo ` • F� Parkway, with the exception of an area PRINCESS ANNE COMMONS / ITA designated for office use on both sides of PLANNING AREA Nimmo Parkway immediately adjacent to the HISTORIC A &CULTAY Na west of the subject site. DISTRICT • ,• Veterans COvrlhevse The general recommendations provided by INTERFACILITY TRAFFIC SITE 'c°^L • the Comprehensive Plan for Princess Anne ZONING AREAQTi OVERLAY IisTSTRICT I , Commons/ ITA are the following: • s • Strive to achieve extensive open woo •-• °ivai" ee%AT11S Z14, space connectivity throughout the CCurthWse[stn. °dd Villages at Commons. Wc,t heck • Protect the most sensitive land. • Residential development limited to areas outside of AICUZ-restricted areas. • Mixed-use town center style development in the Municipal Center and Historic/Cultural District. • Low-impact campus style development for work, education, research, recreation, and worship (remainder of Princess Anne Commons). • Guidelines for building types to ensure appropriate quality and character. • Expansion of suburban infrastructure in northern but not southern part of Princess Anne Commons and south of Indian River Road. • Development remains limited along existing unimproved infrastructure. • Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center. 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. As a result,this area is subject to special drainage considerations and the Comprehensive Plan recommends that a preliminary drainage study be prepared. Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 6 There are no known significant natural or cultural resources on the Phase 2 site.There is a small private cemetery with three graves at the front of the site adjacent to the North Landing Road access on the Phase 1 site.The cemetery was identified during the 2011 rezoning, and an easement was recorded around the cemetery with the 2015 subdivision plat for Phase 1. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Landing Road 8,907 ADT'(201°1 13,600 ADT'(LOS a, a C") Existing Land Usea-20 ADT 15,000 ADT'(LOS D") Proposed Land Use - 170 ADT 'Average Daily Trips 2 as defined by two existing a as defined by 17 new single-family 4 LOS=Level of Service single-family dwellings dwellings Master Transportation Plan (MTP)and Capital Improvement Program (CIP) North Landing Road is a minor collector.The site is proposed to have no more than one access point at all times,with access to be provided from North Landing Road until the construction of Nimmo Parkway. When Nimmo Parkway is built, access is proposed to be shifted to Nimmo Parkway and the North Landing Road access point closed. Nimmo Parkway is shown in the Master Transportation Plan as an access-controlled four-lane parkway(major arterial) in a 150- foot right-of-way.The FY18 Capital Improvement Program includes a project (2-501)for the ultimate construction of a four-lane divided parkway from West Neck Road to the intersection of the proposed Landstown Road-Phase III, a distance of approximately 1.30 miles.This project includes on-road bicycle accommodations and shared-use paths.The current scope of the project is only for the extension of Nimmo Parkway from its current terminus at West Neck Road the Veterans Care Center development site(immediately to the east of the Enclave at Princess Anne). Public Utility Impacts Water&Sewer The proposed development must connect to the City water and sewer system.There is a 10-inch water line and an 8- inch sewer line located in Rod Pocceschi Way. School Impacts School Current Enrollment Capacity Generation g _ Change 2 North Landing Elementary 448 423 4 3 Landstown Middle 1,452 1,499 3 3 Kellam High 2,021 1,857 3 3 "'Generation'represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive)additional students)or negative(fewer students). Evaluation and Recommendation The applicant is proposing the addition of 17 single-family dwellings to a community of 34 dwellings currently being developed to the north. Staff believes that the applicant's proposal is strategically located to allow for the development Enclave, Enclave HOA, &Huffman Agenda Items D4& D5 Page 7 of new housing within the Princess Anne Commons/ITA Planning Area in a manner consistent with the recommendations of the Comprehensive Plan,which are listed under the Comprehensive Plan section of this report. The 2016 Comprehensive Plan's recommendations for this area were largely derived from the policies and recommendations of the 2011 ITA Plan.With regard to open space in this area,the ITA Plan emphasizes the creation of a system of open spaces and trails that provides connectivity throughout the area.The plan encourages open spaces and trails within residential and non-residential development that connects to the larger system throughout Princess Anne Commons and the ITA.The applicant's site design accomplishes this.When Phase 1 of this community was evaluated in 2011,the 2009 Comprehensive Plan encouraged developers to strive to provide at least 50 percent of the development site as open space.Accordingly,approximately 50 percent of the site acreage in Phase 1 is designated for open space use,all of it falling within the ITA Overlay zoning district where dwelling density of this nature is not permitted.With the combination of Phase 1 and Phase 2,the applicant provides additional open space areas(41.5 percent of the total site is designated open space and recreation).An extension of the interior trail system is also included that will eventually link to the multi-purpose trail system of Nimmo Parkway.When Nimmo Parkway is constructed through the site,the area of the subject site adjacent to the right-of-way consists of wooded open space,which will further enhance the connectivity of open spaces and trails desired throughout Princess Anne Commons/ITA. The Comprehensive Plan's recommendations for this area also encourage'protection of the most sensitive land.'The applicant's proposed plan locates 17 dwellings and necessary infrastructure on land that is currently used for houses, gardens, lawn area,and other structures. Rather than develop in a location that might have impact on sensitive natural resources,the applicant's development demonstrates a type of infill development located on land currently developed, which is located between land already developed. Another of the Comprehensive Plan's recommendations calls for'expansion of suburban infrastructure in northern but not southern part of Princess Anne Commons and south of Indian River Road'and stresses that'development remains limited along existing unimproved infrastructure.'As noted above,the applicant's development can be considered infill development,and one of the beneficial effects of infill development is its location in an area that is already served by water and sewer and related infrastructure. Instead of seeking to develop where there is limited or no infrastructure to support development,the applicant's proposal utilizes existing infrastructure. The Comprehensive Plan also recommends that'residential development to be limited to areas outside of AICUZ- restricted areas.'The applicant's proposed development is located outside of any AICUZ area as well as outside of the ITA Overlay District.There are limited places in the eastern part of the city where there are no AICUZ restrictions;the area around the Municipal Center is the only such place in this part of the city.This fact is why another of the Comprehensive Plan's recommendations encourages'mixed-use town center style development in the Municipal Center and Historic/Cultural District.' As specified by the Comprehensive Plan,the applicant submitted a preliminary stormwater drainage study.The review of the study by City staff found that the preliminary system was acceptable.There is a need to modify the size of the existing stormwater management facilities located in Phase 1.Those modifications are shown on the proffered site plan. Staff finds that the submitted proposal is consistent with the Comprehensive Plan's recommendations for the Princess Anne Commons/ITA Planning Area,and recommends approval of the request to modify the 2011 proffers and to conditionally rezone Phase 2 from AG-1 and AG-2 Agriculture to PD-H2 Planned Development(R-7.5 Residential). Proffers/ Modification (Phase 1) 1. Proffer numbered 3 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER#3": Enclave,Enclave HOA, &Huffman Agenda Items D4&05 Page 8 3. When Nimmo Parkway is constructed and opened for travel across the 1.52 acre parcel dedicated to the Grantee for"FUTURE NIMMO PARKWAY EXPANSION" as depicted on the"MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE- PHASE II" dated July 25, 2016, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the"Modified Conceptual Plan"),the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the approximately 425 linear feet of existing access road from North Landing Road shall be closed and removed by the Grantee.The closed section of roadway shall be transferred to the party of the first part and added to the adjacent Modified Open Space B which the party of the first part shall be responsible to maintain. 2. Proffer numbered 7 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER#7": 7.The dimensional requirements applicable to the single family lots numbered 1 through 34 on the Concept Plan shall be as follows: • Minimum front yard setback 20 feet • Minimum side yard setback 5 feet • Minimum rear yard setback Lots number 1 through 9 20 feet Lots numbered 10 through 34 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage Lot13 47.60 percent Lot31 46.52 percent All Lots, except 13 and 31 43.50 percent 3. Proffer numbered 10 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER#10": 10.The areas depicted and designated "MODIFIED OPEN SPACE11A'; MODIFIED OPEN SPACE '1B';EXISTING OPEN SPACE '2', '3'AND'5"'on the Modified Conceptual Plan are owned and maintained by the Grantors,to be used by its members consistent with the intent and regulations set forth in Article 3 of the Grantee's Zoning Ordinance("Preservation District"). Upon recordation of a Subdivision Plat for the 5.36 acre"PHASE TWO"of the Enclave @ Princess Anne as depicted and described on the Modified Conceptual Plan,the party of the first part shall convey to the Grantee a public right of way across that portion of its existing OPEN SPACE 1,to be improved by the party of the second part and the Grantee shall convey to the Grantor that area depicted and described as "PROPOSED ADDITION TO OPEN SPACE 2(0.09 AC)"on the Modified Concept Plan. Proffers/ Rezoning (Phase 2) 1. When the Property is developed, it shall be as Phase II of an existing residential community with no more than 17 single family residential lots,connected walking trails,within and between Open Spaces and an added Tot Lot within Open Space 2(Phase 1)substantially in accordance with the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE TO INCLUDE PHASE II VIRGINIA BEACH,VA",dated 07/25/16-R, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Concept Plan For Phase II"). Enclave, Enclave HOA, & Huffman Agenda Items D4&D5 Page 9 2. If, as a result of the review of the Subdivision Construction Plan for Phase II by the Grantee,the Grantee concludes modifications are necessary to the existing stormwater management facilities installed with Phase I,the Granter shall modify those facilities during the development of Phase II. 3. When the Property is developed,vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan for Phase II. 4. The total number of residential lots permitted to be subdivided on the Property shall be no more than 17. Each home shall contain a minimum of 1800 square feet of living area,and a one(1)car garage. 5. When the Property is developed,the architectural design of the new residential homes to be constructed on Lots 1 through 17, Phase II as depicted on the"Concept Plan For Phase II"will be substantially as depicted on the exhibits entitled, "BISHARD HOMES SF-32 ELEVATION STANDARD&SF-32 ELEVATION UPGRADE",dated 5/19/2015; "BISHARD HOMES SF-33 ELEVATION STANDARD&SF-33 ELEVATION UPGRADE",dated 5/12/2015;"BISHARD HOMES SF-34 ELEVATION STANDARD", dated 11/5/2015;"BISHARD HOMES SF-35 ELEVATION STANDARD", dated 9/24/2015; "SF-41 Bishard Homes,A ELEVATION",dated 6/15/2016; "SF-42 Bishard Homes,A ELEVATION",dated 5/16/2016;and "SF-49 BISHARD HOMES, ELEVATION", dated 12/26/2016, prepared by J. Bengston, Land Planning Solutions, and elevations designated"SINGLE FAMILY 6 A-6,A-7 and A-8", dated 12/29/2012, prepared by Linda R. Sullivan, Progressive Designs,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations").The exterior building materials on the new residential homes shall be limited to brick,stone,fiber cement siding, hardiplank,cedar shake,faux shake of earth tone colors. 6. The dimensional requirements applicable to the single family lots numbered 1 through 17, Phase II on the Concept Plan for Phase II shall be as follows: • Minimum front yard setbacks 20 feet • Minimum side yard setback 7 feet • Minimum side yard setback adjacent to a street 15 feet • Minimum rear yard setback Lots numbered 1 through 4, 10, and 11(Phase II) 20 feet Lots numbered 5 through 9 and 12 through 17 (Phase II) 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage 39 percent 7. When the Property is developed,the proposed"Tot Lot" depicted within Existing Open Space 2 shall include age appropriate playground equipment for youth under the age of ten (10)years old costing not less than Five Thousand Dollars ($5,000.00),which shall be reviewed and approved by the Director of the Department of Planning or his designee during Subdivision Review. 8. When the Property is developed the areas depicted on the Concept Plan for Phase II which will not be residential lots are open spaces which shall be utilized as such and the Grantor shall record a Declaration submitting the Residential Property to the existing mandatory membership Enclave at Princess Anne Homeowners'Association which Association shall also be conveyed title to the Proposed Addition to Open Space 2 (0.09 AC).The Association shall be responsible for maintaining all open spaces,entrance features, landscaping,trails,and other improvements on the Property as depicted on the Concept Plan for Phase II. Enclave, Enclave HOA, &Huffman Agenda Items D4&D5 Page 10 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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. Enclave,Enclave HOA, &Huffman Agenda Items D4&D5 Page 11 Proposed Site Layout =r : 1{{{{{ { il i et 1 ill ErFEEE k gg i7 t' kI ,_ �CdC( _' f Bpi ��, i3 . 5 3-..' , .� may: 1 it i 11 k orI��� }' 111 l 1 i . � 1 132 \ fi t\ 1I L. A If LI iq $i_t_k;-' .. 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Ale Pm HON rrenrg /1 1 :W•,:" " --W.' „ Searre P bar Minim Alt Reo,Surd.Ren t-i 1 :ii-if:Ii44331.10.00_WE" .....keRe.0.- .. , F.1 Orit Pomn P. _L... li I___ : _ , ._•_ 1 , :. ._ ._ Ep... .. ,,... .1., BO=, ..; _ . , -.1111g:, '-----1 II! . — = 13.4.<Ftxr 1.3 n 1 -...-'.--------:- 02. 1111 ON Mr- . ---- aiiM-.. II .L 7:--- E,Ed . :1:.:________...::IN) ,.., ma um in----.;- .in swim .....l..1 0173 ime U., r--• J1=--=.-111 11 II 71 11 - 111 II— ii I '.-.-P-. rr-. 4 1 • on g • 1 euk I_ -1 . d ---711_ -- OR Fear Pen* r,at -- — - , .--- .,........_________......................,......._......... OCC%ORM SCALE :1 ,44.---mr.Nrst,,,,,----f r.,,:car-Lesder-Tt crwer..rZyrez....e.,------------.......,....-a.MMITIIPITVWV......",,,,,,,,r,,,,..2=Zre,-.-------L.- Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 14 Proposed Elevations ELEVATION UPGRADE 1111 - , _11.= ■ III a- _ ■ I ;i ;;1 A r ;� F �t!>_1,M.At _ --� W'- it �f . .-. , L.f1 u ----- O=--_O �� I_, urj�ji `'ll'" l I aI 'pill 11s 'rte _ -I '_i -- , 1"I� i■II • II' ti: ,aws■Ilt — _. ��11t �.�I+ 11.1X 'I . idle S ~ '' 1� Nod 04r4o w,ft .441111".•••101.116.•••••11r.f0 1'vl ,_....-i.-__,,- ---. -mss ' , • fil l lc I�■ _ ii 1i v 11 III — _ r 3 _ II I IN gaj .,— -- It--- �Ia_ ! I■ II -------- YID "I I • 1 III _ 1 ( — —t.--Yl w.,..w It I..I.r...r Py .N —:,�__:.,....Aue.4. asf x..— s.—--- _....__-.---...-I pert' ._,Y=...-.....'--_.�.-.w 1 Sa.+ea.➢. — -- - BISHARD HOMES SF-35 l re . 2t6.p. ELEVATION STANDARD I S awr.'r I2?0 Son or,f.-0• ' m*OC 212 tot s'.IoYd SIC had M Au. �.net we M.. T>I•.u.l r Foo 2177 se 1 ti,•ti /111111 QO.1• pis wt I. ^ r e 3°S rn" -, 0I n- tit.I6 _- 1-6-1ti-= r"'...r...tr•••"*"..". Y -6'-ems` - -___L _ ,..,.....1:. _ i= ..._. .>vr. errs of 11 �� ;� _ ;> : _ - — „i„ LI iii omn I. SII 49 it II E” tau__ rum I--- ;!� 1_ -11 ',.nr, :1L ani 1 1 f`f CD t m t fl'.'i2 I Am nor.. PI t� •...I.f Vf.0/ W tt't1..1F.re A46 E...IOI lityo0. 11 _ —- o o Ate fa.r.M.00 s Pin 1. _ *eon O test tlao.OM PORI'Ren t i _ _."""....f--- ./..... pi ..--....-:‘''- .n f...RM.i.rt..°..Oil F0C F!` --- ---,7,---„;AA A10 Sox.f Par 1 X-. r _ All Ikkal% IM Ron �� �'t___ —_ — 1111. �11 IIs •■1 ■■ r X1111 "�I11 11= i _ L ■11 �■� 3--- , u jj I ,ate I • 11 r :::,. . --- �_11� �t..—�le�`1 — -'1" U. 11 - '111111=' r=te. _ _ 4= - -__ _ ! f- I ,.....n.f... WI SPANN W..I� _I�1. _ Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 15 Proposed Elevations BISHARD HOMES SF-35 I.„,Lor ',en* ELEVATION STANDARD s...m.ao .70 sq. S:Rellt-.1-0' cm R[4 2.t n'` en memo BTC N•A-n -...w.-... .r r.am NI - fa[ tl W. j,l 11 } 11_ •• _ 1 ow n..,— 131-. - - �� T— � v A� - _- _ - _- �',...'r• •=.7"',..".... ..:.=.=� .n... I't{ _ j 11 i �1 .I _ 111 . —I , Yom- I� . c �, ��I„I� \ � .�;r ill lI • rY IIIL Q ! �i —II___r p a^tlll.L '' rna . I I 1_ - — - - - ___________--j. eetr- nlict - — el YHarp — ' Aa chrIc".i —yummy tffl!.90 m IOW Val pyre uR ear-vr.« QS Bm wrUMW. I[ 'Jr f.I.t..&M..R.n t _"'�CN` y p �-- forMeal.,Parl�Vbn 11 RO3 VI - f om�^'iip £ ! — Ala .Rir i _ �.xFi.•- . Al N11�1 -. ._-..-- Roe Ca Parc"Nn 11111__ =N =11 11 '� 1111- I -- - i -1111. ,11 ie. {1111— 1 _ — ` — w _I j k llr —=IIIIIII— j _ _ Of i I ir_. 1� 11 $l!!' " "- ' _ii — — �� — r. ,11 ' 1 '__ � R.61.n IA,.d ICI.p(PRMt�G1[! ii r�r._ A ELEVATION Suk1p'-I.0 f � ? II ` '''''"%-"' ti.A / � v. 11'11 /44 ! 'il1 Nome 1 II Iil •_lini Proposed Elevations A ELEVATION 1 Scale 1N'.1•-0- !s ----7---- t � - 5`" =tea- !¢it ...14 Xt.... ,.••;,..::i•:.:i'::.:;,--- _1.._ —,‘‘ ii • M 7 111111r„� -- _ _lr, IF�lr_:4'.-- _ _ � 1_r1I_ II n( � . ,fIi + I_ i =tilIi ii .►I i 11-1 11 _ • -_ - 11hi If1 X �� w . t i.1•.•iii _/G� t • 1i1-•\ u.1 - _ I 411 1 ..- w_I_... Irl Om.1ff.•r 11 Y--..�s:�.•�YtII�N.T.:�_r.:_�tTsiz•.Ti:�'C�-3�. .� _ i.,-...._. •__AT_ -_ :.xTY�.�SlfSf'-�. --.�.-. _Z-_----Z..�iC. BISHARD HOMES ELEVATION SF_48 8c1us v1 c 1'0' d i - -,ti • .■ .. ? dirt ':-'''-'''':',‘1.:III: .�TJ «�f 10 111 y` uus. :+7.,..;::.--Ems::�- I i('t 4 ,11.14' i. � : «u rauart e;,,,- �� I iii I" (.'a / . �� I{l�— c Ec r ___ : 011 I -- .. -- - .1:' •` = :.e:` ` Sp NW OrrM.rr .rlarr.rr i `� 1u i u: i;IiI !G T•wn7, - .ICT,�, .Di*am iiii— 4: .•if zs 1 1 i1 111111N4 w... • VA .Iber Mot.r _ ow 111 —•• •N (� oor ow I Ali.■ u'; — =. ... AU•••••01.r. — .. .� ■S••i r 4o.Yls...frown j OM WO Owortor _ frINOa.,1 LL _ ro -___..p:17 _ s.w0a Myst M Tri- . , H- L_ _1__ MO litotoot MONO .r n.....r..a ..t Oro K.Pf . _._ —_ rmer"�0vwd. M11jR — If Tr O• M.1t *r.....r..r�r.�w+..nw c>,E=1 rnlrt Brut .ri I.L— Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 17 Proposed Elevations •1111 �....�._ __.a 1 t • oaa>o.. - 1111 — _ —•. 1111. ... �. . ::: I:::I INN ::` I 1 -- -.. 1111. 1111. 1111 _ • SON.. �... 1111. 1111. . 1111. 1111 opy „ ,� �,', - �< �('�' DUI r j a t::::::- ! .115 ::: M. I� , `I `I 11-- �. '31Ellll l I i!® L ■1111. - B.11 :n• I _ P.• iG 100 "w■n- .n n. __ IN II�,,IW III 11 1111. 1111 -_ 1111 <tl 0.7 61v.IP I,.IM• WI WT. SUE 111.194 � 1,tY•.At•�a 1111... . , .l(F I ••Ya• •.,y11,.gt•• i 1 a K a N - _ - tat••%.441 - 1111 _ _ r----.s ,r -10 • . I 5 - _ - ___ . _.1111_ _ ------ ----- - 1111.... !!— -- - _ - -- - ° I1. 1111.1111■r' / . ,. "m,e.a O■■.. 1.... - 1. 1111. - — 1,...a — • -_ .11 1 III 1111.. _ L.4sa..b•t '1 ''ISSUE DAVE O :: sir 11: I ..1 ... • 4.10 rl 171.A11 j. W.44, .p4 Ma El WWII 1111 I A l) NA L_ f1vF1CY. f11VAMN. IIIIEFill 1 -- 1 1 t LP..., p�1 1t1•— ■:: '.o■ I {(uu 0. I.■■ i.■. 11111 " 1 .. ____ 1 I ■■■ ... ■■. L= 'I-- •11. ..1 ..1 - ; 11. 1g1 ' i::' -:::.. ::: - ::I NMI 5111 - In .1-- .x.w @■ "11 111 • _ —m wnn .,-1111 I.nail,a.c '' \ , .." . —. » nor III It n n m n1 1 11 err -----• ,. ..I m1111 100.1 >a.t f r c �III®ilnll 1� 1111, II r ,.Q�; �—�'-- - �7� apC.,,AU 1,4.11. • X11!LlvF,d. W 00011050•17.‘t rwu. q I/.'.i-7 r14r A A.w.• �••-1'-�. re AI,1L.,y ELlvA I9A n 1,(Wt 1,w n neat MO i ra.5 wWwwia G Ell vAI,Os 1 We arry IONWOR�.! I 'r I - .-- _ _ - . _ _1111 . NOV 1111■ / --- � -- I, III 1111■ .1. -- ...� I a.wF 1_ _- 11_11_ _ WOW fps ,-- 1111 vs • —_. -- (T'1� __ I - _- - _. ! _ -_-- _\1 -1111 I� i'SSII DAK 11� 'Q] I=O --- - I 4.-.1111 - (---- - -- I2 2O' 1 ... 7fTl7 ;pII 11.1n.� rmp.ea. 1! i i I - LT-A ..I.,. 1111 •' 1.A,-'11_•11 %X IIEVA'.7+ 11111 r. _1111 I/4_ I 0 f.1FyATlJr,tl Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 18 . J1 a Proposed Elevations OW NM AP. • — 7'3„na' r ;;I � ..,,Win, CPI /,/ Di 1111 ION MIN :: ' . BMA ill•• . igi III '1'' .• • „.- '.. rill .� — _ _-MOWN__ _ __� _ WAG III ■■ a n,, iiiu■ IIII IIII AltIllf pi III'lillIIII ((- (00 ■I :::1 :u� ,M ki 7. II1 iIunnn 11111111 Illnn nuiu III 0— II 1, -'-• .um.inypuuu ua wq . �. _ I ----. TRENT C.E_VATON t In.,.Tt q INA - ^ 1/c".I O le lr IOS K 0.111'�io"•.rwr SIDE E1...0” NM wtiNN"N ry r 1/.'.1'-0- CIE i ELEVATION C OKINell oVpl AS.W4.vo s an CU VA TION C NO NOW ralwAMINe INSNAKlsl •' .Irn r : •10.1 Wee2 r a. coir MN .I n wa .. COW 1100r Ohl WO rwar. - -',.„, f i—2 2 in MIN: El---- p.............____. ■9■ i IOr.. MI In [MON MOM I. IFFP' - _.--I - _-_ ISSUE DATE C,m alio ` ^ ■m _ —_ _._�.- _. ___ 991 --- �_ am 12.192012 (ICE ■■■IEC JI■■■ EE T. , on I A FA 9 • TEAR ITIVATION SIDE CIXVA1I T + ELEVATION C _.- _. _. __ ___ EILVATON C --ss— Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 19 Site Photos • o o• p 11 w • VIEW FROM CUL-DE-SAC LOOKING SOUTHEAST INTO PHASE 1 AREA(MODIFICATION OF PROFFERS) Ole VIEW FROM ROADWAY LOOKING NORTHEAST TOWARD PHASE VIEW FROM ROADWAY LOOKING EAST INTO PHASE 2 AREA 1 AREA IN BACKGROUND(MODIFICATION OF PROFFERS— (REZONING SITE - HUFFMAN HOUSE ON LEFT) HUFFMAN HOUSE ON RIGHT) Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 20 Disclosure Statements Due to the ownership of the parcels involved in these applications,there are three sets of Disclosure Statements. Each of the following Disclosure Statements has a number that corresponds to the areas shown on the map below. GPINs for Modification of KEY TO DISCLOSURE Proffers (PHASE 1) SETS 1494-40-4576 Open Space I • 1494-41-3213 Open Space 2 1494-40-5579 Lot 1 1494-40-6621 Lot 2 1494-40-8659 Lot 7 1494-40-8996 Lot 13 • 1494-41-8070 Lot 14 1494-41-8044 Lot 15 1494-41-8029 Lot 16 1494-41-7194 Lot 17 • 1494-41-7178 Lot 18 1494-41-7242 Lot 19 1494-41-7217 Lot 20 1494-41-6370 Iot 21 1494-4i-6307 Lot 23 DISCLOSURE SET 3 1494-41-6122 Lot 24 • 1494-41-6057 Lot 25 1494-41-6085 Lot 26 1494-40-7934 Lot 28 1494-40-7859 Lot 29 1494-41-5260 Open Space 3 1494-41-5471 Open Space 5 1494-40-6672 Lot 3 • 1494-40-7614 Lot 4 �� 1494-40-7666 Lot 5 • 1494-40-8617 Lot 6 • • 1494-40-9710 lot 8 1. 1494-40-9774 lot 1494-40-9861 Lot 10 DISCLOSURE SET 2 1494-40-9847 Int 11 1494-40-9912 Lot 12 • 1494-4i-6334 Lot 22 1494-40-7919 Lot 27 1494-40-7873 Lot 30 1494-40-7810 Lot 31 • .;.••....• 1494-40-6769 Lot 32 • 1494-40-6717 Lot 33 1 X 1494-40-5776 Lot 34 • j DISCLOSURE SET '1 X` • a X a X X X ;1 X 2��` -i Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 21 Disclosure Statement B Virginia Beach APPLICANT'S NAME Enclave at PA BC, LLC DISCLOSURE STATEMENT FORM (SET 1) The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development , Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request IRezoning A• •eals _ Certificate ofFloodplain Variance Appropriateness I - - Street Closure (Historic Review Board) I Franchise Agreement__ Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit I II 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 d closures d AT be e pelaled..m Fzr.eeks pro.to any , Page I of 7 my Commission and City Council meet on itta,Gera os to,hp a_w.ra +-o—Ai= 9120/z Eauc t o* rico o,-rEARING o -[ cc OCrw Cts SOF D4'E 7 REVISIONSsue Frw 1 _ Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 22 Disclosure Statement (SET 1) Virginia Beach n Check here if the APPLICANT IS. NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Enclave at PA BC.LLC If an LLC,list all member's names: See Attached List If a CORPORATION,list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity relationship with the Applicant: (Attach list if necessary) See next page for information penalning to footnotes' and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only f property owner is different from Applicant. nCheck here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,ANP THEN,complete the following. (A) List the Property Owner's name:. If an LLC, list the member's names: Page 2 of 7 • Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 23 Disclosure Statement (SET 1) APPLICANT DISCLOSURE ENCIAVE AT PA BC,LLC,a Virginia limited liability company: Manager: Bishard Development Corporation,a Virginia corporation Officers: Steven W.Bishard, President John Bishard,Vice President/Secretary Robert Deacon,Vice President of Operations Thomas A.Lewis,III,Chief Financial Officer Member: EI'A Grave,LLC,a Virginia limited liability company Members: Wayne Crosby, Manager Member: BD Ventures, Inc.,a Virginia corporation Officers: Robert Deacon,President/Director Member: Lexmark, Inc.,a Virginia corporation Officers: Thomas A. Lewis,III, President Enclave, Enclave HOA, &Huffman Agenda Items D4&D5 Page 24 Disclosure Statement (SET 1) Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) "Parents ubs idiary relationships relationship that exists when onecorporation directly or indirectly owns shares possessing more than 50 percent of the voting poweof another corporation See State and local Government Conflict of Interests Act,va Code§2 2-3101 2 "Affiliated business entity relationsh i0relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity, Oil a controlling owner in one entity is also a controlling ownerin the other entity,Or (lilt there is shared management orcontrol between the business entitiesFactors that should be considered in determining the existence of an affiliated business entity relationsh'ip include that the same person or substantially the same person ownmanage 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 onregular basis. or there is otherwise a close working relationship between the entities' See Statand 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 operatic 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 Enclave,Enclave HOA, &Huffman Agenda Items D4&D5 Page 25 Disclosure Statement (SET 1) APPLICANT Virginia Beach 'AYES 1 [NO r I SERVICE PROVIDER Oise additional sheets If needed/ ® Accounting and/or preparer of your tax return riArchitect/Landscape Architect/ - — —� Land Planner Contract Purchaser(if other than r.. IhtAoolicant)-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) E. Construction Contractors — ® 1 Engineers/Surveyors/Agents _ MSA,P.C. - financing(include current Union Bank © li mortgage holders and lenders I selected or being considered to provide financing for acquisition or construction of the property) M ❑ Legal Services Sykes,Bourdon,Anem&Levy.P.C. Real Estate Brokers / ❑ Z Agents/Realtors for current and /L1 anticipated future sales of the subject property e a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 26 Disclosure Statement ` � (SET 1) 1/4 B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting o y public body or committee in connection with this A plication,Enclave at B LW by Sahara Development Corporation.its Manager � John Bishard,Vice President 8/01/16 A ANT'S DONATOR PRINT NAME DATE I Page Sof? Enclave, Enclave HOA,&Huffman Agenda Items D4&05 Page 27 Disclosure Statement t'iry;inia Beach APPLICANT'S NAME Enclave at PA BC, LLC DISCLOSURE STATEMENT FARM '(SET 2) The completion and submission of This form is required"for au 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 1 Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for l (EDIP) Board of Zoning ! Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness s 'gr - Street Closure (Historic Review Board) ' Franchisee 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 e SECTION 1 / APPLICANT DISCLOSURE NIP i Page I of 7 Arml _ _ 9/09/2017. : . 9/20/2017 Stephen White Enclave, Enclave HOA, & Huffman Agenda Items D4& DS Page 28 Disclosure Statement (SET 2) Virginia Beach C Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, of other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.Enclave at PA BC. LLC _ If an LLC, list all member's names. See Attached List 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-subsldiary I 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. 0 Check here if the PROPERTY OWNER IS P&T a corporation, partnership, firm, business, or other unincorporated organization. Ei Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization. AND THEN.complete the following. (A) I Ist the Property Owner's name: Anthony B. Huffman,Jr. If an LLC, list the member's names: 2 of 7 Enclave, Enclave HOA, &Huffman Agenda Items D4& D5 Page 29 Disclosure Statement (SET 2) APPLICANT DISCLOSURE ENCLAVE AT PA BC, LLC,a Virginia limited liability company: Manager: Bishard Development Corporation,a Virginia corporation Officers: Steven W. Bishard, President John Bishard,Vice President/Secretary Robert Deacon,Vice President of Operations Thomas A. Lewis, III,Chief Financial Officer Member: EPA Grave, LLC,a Virginia limited liability company Members: Wayne Crosby, Manager Member: BD Ventures, Inc.,a Virginia corporation Officers: Robert Deacon, President/Director Member: Lewmark, Inc.,a Virginia corporation Officers: Thomas A. Lewis, III, President Enclave, Enclave HOA, &Huffman Agenda Items D4& D5 Page 30 Disclosure Statement (SET 2) V.iG1 Virginia Beach If a Corporation, list the names ofall officers, directors,members.trustees, etc. below- (Attach list if necessary) (BI List the businesses that have a patent-subsidiary or affiliated business entity 2 relationship with the Propefty Owner. (Attach fin if necessary) • 1 Parent sub buy relationship' means "a relationship that exists when one corporation directly or indirectlyns hares possessing more than 50 percent of the voting power of another corporation' See Stay and local Cover nment Conflict of Interests Art Va Code 4 11 3101 2/Affiliated business entity relationship" n relationship other than subsidiary relationship that exists when til one business ne tiity has a conrolling ownership interest in the other bus e y du acontrolling ownerentity is also a rolling ownerin the other entity. or Ili then shared management oneolbetween the business entitieFactors that should be considered in determining theexistenceof an affiliated business entity relationship include that the same person substantially the same person ownnage the two emit es,there arecommon or commingled funds r the businessentitiesshare the useof the sameoffices oremployees or oherwise share a r orpersonnelonregulabasis, there is otherwise a close working relationship between the entities' See Stateand Local Government Conflict of Interests Act. Va Code4 L&3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operatingor 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 ART DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATEI Y Page 3 of Enclave, Enclave HOA, &Huffman Agenda Items D4&D5 Page 31 Disclosure Statement (SET 2) 1/13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true. and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission. Council, VEDA meeting, or meeting of any public body or committee in connection with this A,plication.Endave at PA B LLC by Diehard Development Corporation its Manager ct tiL John Bishard. Vice President 8101/16 A1+01 ANT'S SILNA1URI PRINT NAME DATE Enclave, Enclave HOA, &Huffman Agenda Items D4&D5 Page 32 Disclosure Statement (SET 2) OWNER Virginia Beach YES INO needed) PROVIDER fusee additional:xcrr:.r • ❑ IXI , Accounting and/or preparer of your tax return I� z Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant) identify purchaser and purchaser's service providers Any other pending or proposed ❑ z purchaser of the subject property L (identify purchaser(s)and purchaser's service providers) LJ X Co Construction Contractors I� F Engineers/Surveyors/Agents Financing(include current Mortgage Electronic Registration LZ r mortgage holders and lenders Systems Inc selected or being considered to provide financing for acquisition or construction of the property) gLegal Services Real Estate Brokers / ❑ z Agents/Realtors for current and anticipated future sales of the subject property _ 1 L. __ - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ O 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 Enclave, Enclave HOA, &Huffman Agenda Items D4& D5 Page 33 Disclosure Statement I (SET 2) B Virginia Beach CERTIFICATION: 1 certify that all of the information contained In this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap lication Z �� Anthony B Huffman Jr I4 PROPERTY OWNER-5 SIG IT RE PRINT NAME ATE Page 7 of 7 Enclave, Enclave HOA, &Huffman Agenda Items D4&D5 Page 34 Disclosure Statement Virginia Beach APPLICANT'S NAME The Enclave at Princess Anne Homeowners Association,Inc.,a Virginia non-stock corporation 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 Developmen-t Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for (EDIP) ___ Board of Zoning Encroachment Request Rezoning A. .eals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance 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 CITU USE ONLY/All Ciscissurra must be wnaieoImo at Page I of Ing Lor cion and CET Courtin near nal penans to the appe,e ran. Arta anonro p APPLICANTNOTIFIED or HEARING DATE .9/09/ . W NOCHANCES ASOF DATE 191 SI .t � REVISIONS Sue MIt7m n- o I/ r Stephen White Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 35 Disclosure Statement (SET 3) Virginia Reach _ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XICheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:The Enclave at Princess Anne Homeowners Association,Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc.below. (Attach list if necessary) Wayne Crosby, President/Director;Tommy Lewis,Treasurer;John K. Bishard, Secretary;John Napier,Director (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • a SECTION 2 / PROPERTY OWNER DISCLOSURE* Complete Section 2 only if property owner is different from Applicant. 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: If an LLC, list the member's names * There are two properly owners: Page 2 of 7 (1)The Enclave at Princess Anne HOA,a Virginia non-stock corporation (2)Enclave at PA BC, LLC Information for Enclave at PA BC, LLC follows information for Properly Owner 1 Enclave, Enclave HOA, &Huffman Agenda Items D4& D5 Page 36 Disclosure Statement (SET 3) Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) .Parent-subsidiary relationship' means relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation' See State and mol Government Conflict of Interests Act,Va Code§3.2.3101 'Affiliated business entity relationship" relationship, other than parent subsidiary relationship, that exists when 10 one business entity has a controlling ownership interest in the other business entity, fii)a controlling owner entity is also a controlling ownerin the other entity, or lir) there is shared management orcontrole 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 ownmanage 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, or personnel ona regular basis. or there is otherwise a close working relationshipbetweenthecenrities' See Stateand Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service. IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Enclave, Enclave HOA, &Huffman Agenda Items D4& D5 Page 37 Disclosure Statement (SET 3) NB APPLICANT Virginia Beach — --- PR PROVIDER w,eau .dditional sh 'if YES NO SERVICE I ` neetet [ ] X71 Accounting and/or preparer of L 1 W your tax return Lil N Architect/Landscape Architect/ LJ l/� Land Planner ❑ Canalt uPm thine! (i!Wilt"khan bollard Development Corporation the Aoollcann-identify purchaser 1 and purchaser's service providers Any other pending or proposed ❑ [ purchaser of the subject property (identify purchaserlsl and Ll, purchaser's service providers) LJ ® ����// Construction Contractors L ❑ Engineers/Surveyors/Agents IMSA.P.C. Financing(include current ® ❑ mortgage holders and lenders selected or being considered to l provide financing for acquisition or construction of the property) I II n — 1 Legal Services R Edward Bourdon Jr Esquire/John Napier, I� Peal f state Brokers/ ESOJ re ❑ L IAgents/Realtors for current and anticipated future sales of the • Isubject property __ , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ I/�X an Interest in the subject land or any proposed development contingent on the subject public action? If yes_what is the name of the offu lal or employee and what is the nature of the interest' Page a of J Enclave, Enclave HOA, & Huffman Agenda Items D4&05 Page 38 Disclosure Statement (SET 3) Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 777 _ Wayne Crosby, President 7/29/16 AP Ili L E ' PRINT RAW DATE The Enclave at Princess Anne HOA,Inc Page 5 of Enclave, Enclave HOA, &Huffman Agenda Items D4& D5 Page 39 Disclosure Statement (SET 3) OWNER 2 Enclave at PA BC, LLC • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifproperfyEwner is different from Applicnn . E Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck 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._. Enclave at PA BC. LLC If an LLC, list the member's names ENCLAVE AT PA BC, LLC,a Virginia limited liability company: Manager: Bishard Development Corporation,a Virginia corporation Officers: Steven W. Bishard, President John Bishard, Vice President/Secretary Robert Deacon,Vice President of Operations Thomas A. I aewis, I II,Chief Financial Officer Member: EPA Grave, I.!C,a Virginia [linked liability company Members: Wayne Crosby, Manager Member: BD Ventures, Inc.,a Virginia corporation Officers: Robert Deacon, President/Director Member: Lewmark, Inc.,a Virginia corporation Officers: Thomas A. Lewis, III, President Enclave, Enclave HOA, &Huffman Agenda Items D4&D5 Page 40 Disclosure Statement (SET 3) OWNER 2 Enclave at PA BC, LLC Virginia Beach EVES NOi 1SERVICE - PROVIDER(use additional sheets d needed) XAccounting and/or preparer ofyour tax return n ® i Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Zthe Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed I�i VN (identify r ofpurchaser(s) the er s)subject property I I (identify rsrseasce( ovd purchaser's service providers) Construction Contractors ZEngineers/Surveyors/Agents MSA,PC • Financing(include current Unbn Bank N 111mortgageholders and lenders Lselected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Sykes,Bourdon,Ahem&Levy,P.G. Real Estate Brokers / -- Agents/Realtors for current and VJ anticipated future sales of the subject property a a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO efil mothe City of Virginia Beach have CI I an Dointerestsanofinciatheor suebjectplyee landof 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 Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 41 Disclosure Statement (SET 3) NB OWNER 2 Enclave at PA BC, LLC T'irginia 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 o y public body or committee in connection with this A plication. Enclave at B LLC by Diehard Development Corporation.its Manager y �) -S John Bishard,Vice President 8/01/16 A ANT'S SILNgTp0. j pRINi NAME DATE Enclave, Enclave HOA, &Huffman Agenda Items D4& D5 Page 42 Items D4& D5 Enclave at PA BC, L.L.C. Conditional Rezoning AG-1 &AG-2 Agricultural District to PD-H2 Planned Unit Development(R-7.5 Residential) 2754 North Landing Road,2804 North Landing Road and Eastern 1.2 Acres of 2808 North Landing Road The Enclave at Princess Anne Homeowners Association and The Enclave at PA BC, L.L.C. Modification of Proffers North Side of North Landing Road, 2,700 feet west of West Neck Road District 7 Princess Anne July 12,2017 CONSENT An application of Enclave at PA BC, L.L.C.for a Conditional Rezoning(AG-1—AG-2 Agricultural District to PD-H2 Planned Unit development(R-7.5 Residential on property located at 2754 North Landing Road, 2804 North Landing Road and Eastern 1.2 Acres of 2808 North Landing Road and an application of The Enclave at Princess Anne Homeowners Association and The Enclave at PA BC, L.L.C.for a Modification of Proffers on property located on the North Side of North Landing Road,2,700 feet west of West Neck Road, District 7, Princess Anne. Proffers/Modification(Phase 1) 1. Proffer numbered 3 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER#3": 3. When Nimmo Parkway is constructed and opened for travel across the 1.52 acre parcel dedicated to the Grantee for"FUTURE NIMMO PARKWAY EXPANSION"as depicted on the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE-PHASE II"dated July 25,2016, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter the "Modified Conceptual Plan"),the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the approximately 425 linear feet of existing access road from North Landing Road shall be closed and removed by the Grantee.The closed section of roadway shall be transferred to the party of the first part and added to the adjacent Modified Open Space B which the party of the first part shall be responsible to maintain. 2. Proffer numbered 7 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER#7": 7. The dimensional requirements applicable to the single family lots numbered 1 through 34 on the Concept Plan shall be as follows: • Minimum front yard setback 20 feet Item D4& D5 Enclave at PA BC, L.L.C. The Enclave at Princess Anne Homeowners'Association Page 2 • Minimum side yard setback 5 feet • Minimum rear yard setback Lots number 1 through 9 20 feet Lots numbered 10 through 34 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage Lot13 47.60 percent Lot31 46.52 percent All Lots, except 13 and 31 43.50 percent 3. Proffer numbered 10 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER#10": 10.The areas depicted and designated "MODIFIED OPEN SPACE'lA'; MODIFIED OPEN SPACE '1B'; EXISTING OPEN SPACE '2','3'AND 'S"' on the Modified Conceptual Plan are owned and maintained by the Grantors,to be used by its members consistent with the intent and regulations set forth in Article 3 of the Grantee's Zoning Ordinance ("Preservation District"). Upon recordation of a Subdivision Plat for the 5.36 acre"PHASE TWO"of the Enclave @ Princess Anne as depicted and described on the Modified Conceptual Plan,the party of the first part shall convey to the Grantee a public right of way across that portion of its existing OPEN SPACE 1,to be improved by the party of the second part and the Grantee shall convey to the Grantor that area depicted and described as"PROPOSED ADDITION TO OPEN SPACE 2 (0.09 AC)"on the Modified Concept Plan. Proffers/Rezoning(Phase 2) 1. When the Property is developed, it shall be as Phase II of an existing residential community with no more than 17 single family residential lots,connected walking trails,within and between Open Spaces and an added Tot Lot within Open Space 2(Phase 1)substantially in accordance with the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE TO INCLUDE PHASE II VIRGINIA BEACH,VA", dated 07/25/16-R, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Concept Plan For Phase II"). 2. If,as a result of the review of the Subdivision Construction Plan for Phase II by the Grantee,the Grantee concludes modifications are necessary to the existing stormwater management facilities installed with Phase I,the Granter shall modify those facilities during the development of Phase II. 3. When the Property is developed,vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan for Phase II. Item D4 & D5 Enclave at PA BC, L.L.C. The Enclave at Princess Anne Homeowners'Association Page 3 4. The total number of residential lots permitted to be subdivided on the Property shall be no more than 17. Each home shall contain a minimum of 1800 square feet of living area,and a one(1)car garage. 5. When the Property is developed,the architectural design of the new residential homes to be constructed on Lots 1 through 17, Phase II as depicted on the"Concept Plan For Phase II"will be substantially as depicted on the exhibits entitled, "BISHARD HOMES SF-32 ELEVATION STANDARD& SF-32 ELEVATION UPGRADE",dated 5/19/2015; "BISHARD HOMES SF-33 ELEVATION STANDARD& SF-33 ELEVATION UPGRADETM,dated 5/12/2015;"BISHARD HOMES SF-34 ELEVATION STANDARD", dated 11/5/2015; "BISHARD HOMES SF-35 ELEVATION STANDARD",dated 9/24/2015;"SF-41 Bishard Homes,A ELEVATION",dated 6/15/2016;"SF-42 Bishard Homes, A ELEVATION",dated 5/16/2016;and "SF-49 BISHARD HOMES, ELEVATION",dated 12/26/2016, prepared by J. Bengston, Land Planning Solutions, and elevations designated"SINGLE FAMILY 6 A-6,A-7 and A-8",dated 12/29/2012, prepared by Linda R.Sullivan,Progressive Designs,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations").The exterior building materials on the new residential homes shall be limited to brick, stone,fiber cement siding, hardiplank,cedar shake,faux shake of earth tone colors. 6. The dimensional requirements applicable to the single family lots numbered 1 through 17, Phase II on the Concept Plan for Phase II shall be as follows: • Minimum front yard setbacks 20 feet • Minimum side yard setback 7 feet • Minimum side yard setback adjacent to a street 15 feet • Minimum rear yard setback Lots numbered 1 through 4, 10,and 11 (Phase II) 20 feet Lots numbered 5 through 9 and 12 through 17 (Phase II) 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage 39 percent 7. When the Property is developed,the proposed"Tot Lot"depicted within Existing Open Space 2 shall include age appropriate playground equipment for youth under the age of ten(10)years old costing not less than Five Thousand Dollars($5,000.00),which shall be reviewed and approved by the Director of the Department of Planning or his designee during Subdivision Review. 8. When the Property is developed the areas depicted on the Concept Plan for Phase II which will not be residential lots are open spaces which shall be utilized as such and the Grantor shall record a Declaration submitting the Residential Property to the existing mandatory membership Enclave at Princess Anne Homeowners'Association which Association shall also be conveyed title to the Proposed Addition to Open Space 2 (0.09 AC).The Association shall be responsible for maintaining all open spaces, entrance features, landscaping,trails,and other improvements on the Property as depicted on the Concept Plan for Phase II. Item D4&D5 Enclave at PA BC, L.L.C. The Enclave at Princess Anne Homeowners'Association Page 4 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item D4& D5. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved items D4 and D5 by consent Eddie Bourdon appeared before the Commission on behalf of the applicant. Bob Thornton: Commissioner Kwasny has asked to make a comment on one of the cases after we voted. Go ahead. Karen Kwasny: I just wanted to express my reservation in voting for consent on items D4 and D5.While the applicant worked since the deferral to make some changes to the application, I still find it to be deficient in addressing some of the desires that were expressed during the Planning Commission meeting in June,which were a matter of reducing the number of lots to a degree that would allow for more internal open space on a development and providing more active open space throughout the development,which I think is key to new development especially within the Princess Anne District and the area where open space is considered an amenity and active open space is a matter of culture and behavior.Thank you. pr. sFgc, z E CITY OF VIRGINIA BEACH u . � r. .5 INTER-OFFICE CORRESPONDENCE �,o-' .0,0. In Reply Refer To Our File No. DF-9741 DATE: September25, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson�/l7. DEPT: City Attorney RE: Conditional Zoning Application; The Enclave at Princess Anne Homeowner's Association, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 3, 2017. I have reviewed the subject proffer agreement, dated July 29, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS • THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC., a Virginia non-stock corporation ENCLAVE AT PA BC, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 281h day of July, 2016, by and between THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC., a Virginia non- stock corporation, party of the first part, Grantor; ENCLAVE AT PA BC, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: GPIN: 1494-40-4576 Open Space i 1494-41-526o Open Space 3 1494-41-3213 Open Space 2 1494-41-5471 Open Space 5 1494-40-5579 Lot i 1494-40-6672 Lot 3 1494-40-6621 Lot 2 1494-40-7614 Lot 4 1494-40-8659 Lot 7 1494-40-7666 Lots 1494-40-8996 Lot 13 1494-40-8617 Lot 6 1494-41-8070 Lot 14 1494-40-9710 Lot 8 1494-41-8044 Lot 15 1494-40-9774 Lot 9 1494-41-8029 Lot 16 1494-40-9861 Lot 10 1494-41-7194 Lot 17 1494-40-9847 Lot 11 1494-41-7178 Lot 18 1494-40-9912 Lot 12 1494-41-7242 Lot 19 1494-41-6334 Lot 22 1494-41-7217 Lot 20 1494-40-7919 Lot 27 1494-41-6370 Lot 21 1494-40-7873 Lot 3o 1494-41-6307 Lot 23 1494-40-7810 Lot 31 1494-41-6122 Lot 24 1494-40-6769 Lot 32 1494-41-6057 Lot 25 1494-40-6717 Lot 33 1494-41-6085 Lot 26 1494-40-5776 Lot 34 1494-40-7934 Lot 28 1494-40-7859 Lot 29 PREPARED BY. 5,3 SYk55 DOIlgppay, Pre are A'I_ AHII1N&I1:YY,RC, pared Y R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the party of the first part is the owner of those two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing a total of approximately 5.756 acres designated "OPEN SPACE 1" and "OPEN SPACE 2", as described in Exhibit"A"attached hereto and incorporated herein by reference, are referred to herein as the"Property"; and WHEREAS, the party of the first part is a mandatory membership Homeowner's Association whose members are every owner of property within the initial thirty-four (34) lot Enclave at Princess Anne Subdivision, which were developed and built by the party of the second part; and WHEREAS, the party of the second part is the owner of those eighteen (18) undeveloped lots within the existing Enclave at Princess Anne Subdivision located in the Princess Anne District of the City of Virginia Beach, Virginia containing a total of approximately 2.126 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference, are referred to herein as the"Property"; and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated August 30, 2011 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20111206001247740 (hereinafter "2011 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions and conditions contained herein shall modify those Proffers numbered "3", "7" and "1o" as contained in the 2011 Proffers; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of PREPARED BY. S B S'KES. BOI HUGH uses, certain reasonable conditions governing the use of the Property for the protection of SrL Nit7w x LEvt',v.0 the community that are not generally applicable to land similarly zoned are needed to cope 2 with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following two (2) amendments to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property within the Enclave at Princess Anne Subdivision, which shall be binding upon the Property and upon al] parties and persons who are members of the party of the first part, as well as those claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 3 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER#3": 3. When Nimmo Parkway is constructed and opened for travel across the 1.52 acre parcel dedicated to the Grantee for "FUTURE NIMMO PARKWAY EXPANSION" as depicted on the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE— PHASE II"dated July 25, 2016, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Modified Conceptual Plan"), the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the PREPARED BY -.B SUR l0JPD0N. approximately 425 linear feet of existing access road from North Landing 1 L nlitliN s LEvv.CC Road shall be closed and removed by the Grantee. The closed section of roadway shall be transferred to the party of the first part and added to the 3 adjacent Modified Open Space iB which the party of the first part shall be responsible to maintain. 2. Proffer numbered 7 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER#7": 7. The dimensional requirements applicable to the single family lots numbered 1 through 34 on the Concept Plan shall be as follows: • Minimum front yard setback 20 feet • Minimum side yard setback 5 feet • Minimum rear yard setback Lots number 1 through 9 20 feet Lots numbered 10 through 34 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage Lot 13 47.60 percent Lot 31 46.52 percent Al Lots, except 13 and 31 43.50 percent 3. Proffer numbered io in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER *Ko": 10. The areas depicted and designated "MODIFIED OPEN SPACE 1A'; MODIFIED OPEN SPACE 9B; EXISTING OPEN SPACE `2', '3' AND `5"' on the Modified Conceptual Plan are owned and maintained by the Grantors, to be used by its members consistent with the intent and regulations set forth in Article 3 of the Grantee's Zoning Ordinance ("Preservation District"). Upon recordation of a Subdivision Plat for the 5.36 acre "PHASE TWO" of the Enclave @ Princess Anne as depicted and described on the Modified Conceptual Plan, the party of the first part shall convey to the Grantee a public right of way across that portion of its existing OPEN SPACE 1, to be improved by the party of the second part and the Grantee shall convey to the Grantor that area depicted and described as "PROPOSED ADDITION TO PREPARED BY OPEN SPACE 2 (0.09 AC)"on the Modified Concept Plan. SdP SUP: BODUDON. L AUFkN&LEYY,RI. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue 4 in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the PREPARED BY conditions may be made readily available and accessible for public inspection in the office of Si SUES.1101'RION. the Zoning Administrator and in the Planning Department, and they shall be recorded in A°I= ANERN✓i I.Ew.P.C. the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 i. WITNESS the following signature and seal: Grantor: The Enclave at Princess Anne Homeowners' Association, Inc., a Virgi I is non-stock corporation By: (SEAL) Rayne �'sby, P •: ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 29th day of July, 2016, by Wayne Crosby, President of The Enclave at Princess Anne Homeowners' Association, Inc, a Virginia non-stock corporation, Grantor. Aindi 4J4 Notary Public ,.• ,N• M. C My Commission Expires: August 31, 2018 h7Olie" • Notary Registration Number: 192628 PREPAREDBy SI3 SYKES. POI WON. AI_ AIIERN&LEVI'.RI. 6 WITNESS the following signature and seal: Grantor: Enclave at PA BC, LLC, a Virginia limited liability company By: Bishard Development Corporation, a Virginia corporation,its Man. •er By: I/✓ b),101 -11 (SEAL) Steven W.Bishard, ' 4.. dent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 24th day of May, 2017, by Steven W. Bishard, President of Bishard Development Corporation, a Virginia corporation, Manager of the Enclave at PA BC, LLC, a Virginia limited liability company, Grantor. //11 C' � Notary Public My Commission Expires: U.w st 311 fl Notary Registration Number: ,,Sb MELONIE MCHUGH Notary Pubk Commonwealth 01 Virginia 255255 My Commission Expires Aug 31,2017 7 EXHIBIT "A" OPEN SPACE 1 (GPIN: 1494-40-4576) ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being designated as "OPEN SPACE i', as shown on that certain plat entitled "Subdivision of The Enclave at Princess Anne, Phase 1", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150528000486570, to which reference is made for a more particular description. OPEN SPACE 2 (GPIN: 1494-41-3213) ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being designated as "OPEN SPACE 2", as shown on that certain plat entitled "Subdivision of The Enclave at Princess Anne, Phase 1", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150528000486570, to which reference is made for a more particular description. Lots Comprising 2.126 Acres ALL THOSE certain pieces or parcels of land situate, lying and being in the City of Virginia Beach, Virginia, being designated as Lots 1, 2, 7, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 28 and 29, as shown on that certain plat entitled "SUBDIVISION OF THE ENCLAVE AT PRINCESS ANNE, PHASE 2 (INSTR. No. 20150528000486570) VIRGINIA BEACH, VIRGINIA", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20160328000252690, to which reference is made for a more particular description. Lot 1 1494-40-5579 Lot 19 1494-41-7242 Lot 2 1494-4-6621 Lot 20 1494-41-7217 Lot 7 1494-40-8659 Lot 21 1494-41-6370 Lot 13 1494-40-8996 Lot 23 1494-41-6307 Lot 14 1494-41-8076 Lot 24 1494-41-6122 Lot 15 1494-41-8044 Lot 25 1494-41-6057 Lot 16 1494-41-8029 Lot 26 1494-41-6085 Lot 17 1494-41-7194 Lot 28 1494-40-7934 Lot 18 1494-41-7178 Lot 29 1494-70-7859 PREPARED BY. OPEN SPACES 3 &5 (GPIN'S: 1494-41-5260; 1494-41-5471) SvcsDOI1RDON. MU ANERN&IEVV.P.C. ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being designated as "OPEN SPACE 3" and "OPEN SPACE 5", as shown on that certain plat entitled "Subdivision of The Enclave at Princess Anne, Phase 1", said plat 8 I 1 being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150528000486570, to which reference is made for a more particular description. ALL THOSE certain pieces or parcels of land situate, lying and being in the City of Virginia Beach, Virginia,being designated as Lots 3, 4, 5, 6, 8, 9, 10, 11, 12, 22, 27, 30, 31, 32, 33 and 34, as shown on that certain plat entitled "SUBDIVISION OF THE ENCLAVE AT PRINCESS ANNE, PHASE 2 (INSTR. No. 20150528000486570) VIRGINIA BEACH, VIRGINIA", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20160328000252690, to which reference is made for a more particular description. Lot 3 1494-40-6672 Lot 12 1494-40-9912 Lot 4 1494-40-7614 Lot 22 1494-41-6334 Lot 5 1494-40-7666 Lot 27 1494-40-7919 Lot 6 1494-40-8617 Lot 30 1494-40-7873 Lot8 1494-40-9710 Lot 31 1494-40-7810 Lot 9 1494-40-9774 Lot 32 1494-40-6769 Lot 10 1494-40-9861 Lot 33 1494-40-6717 Lot a 1494-40-9847 Lot 34 1494-40-5776 II:\AM\Mod of Proffers\Enclave C Princess Anne HOA\1st Aniendmcntn to Proffers_clean 6-20-17.doe PREPARED BY 13 SYKES,POURDON. \ I. AI1fPN&LLW,PC 9 S4-OxNW 13 /10 ' St 4.:A ` .�a CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE ouv %m of et In Reply Refer To Our File No. DF-9741 DATE: September 25, 2017 TO: Mark D. Stiles ,,,11 ' DEPT: City Attorney FROM: B. Kay Wilson f)K1>v DEPT: City Attorney RE: Conditional Zoning Application; Enclave at PA BC, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 3, 2017. I have reviewed the subject proffer agreement, dated July 28, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom ANTHONY B. HUFFMAN,JR. ENCLAVE AT PA BC, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of July, 2016, by and between ANTHONY B. HUFFMAN, JR., party of the first part, Grantor; ENCLAVE AT PA BC, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that certain portion of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.2o acres which is designated Parcel 1 and more particularly described in Exhibit "A"attached hereto and incorporated herein by this reference; and WHEREAS, the party of the second part as contract purchaser of the Parcel 1, and as the owner of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach,containing approximately 4.16 acres which are designated Parcel 2 and Parcel 3 and more particularly described in Exhibit"A", has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of these three (3) parcels (hereinafter the `Property") from AG-2 Agricultural District to Conditional PDH-2 Planned Unit Development District with an underlying R-7.5 Zoning District; and GPIN: 1494-40-8502 (Part of) 1494-40-7232 1494-40-9163 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahem&Levy.P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 (R-7.5) Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to he adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives,assigns,grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as phase 2 of an existing residential community with no more than 19 single family residential lots substantially in accordance with the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE — PHASE II VIRGINIA BEACH, VA", dated 07/25/16, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the"Concept Plan For Phase II"). 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan For Phase II. 2 3. The total number of residential lots permitted to be subdivided on the Property shall be no more than 19. Each home shall contain a minimum of 1800 square feet of living area, and a one(1)car garage. 4. When the Property is developed, the architectural design of the new residential homes to be constructed on Lots 1 through 19, Phase 2 as depicted on the "Concept Plan For Phase II" will be substantially as depicted on the exhibits entitled, "BISHARD HOMES SF-32 ELEVATION STANDARD & SF-32 ELEVATION UPGRADE", dated 5/19/2015; "BISHARD HOMES SF-33 ELEVATION STANDARD&SF-33 ELEVATION UPGRADE", dated 5/12/2015; "BISHARD HOMES SF-34 ELEVATION STANDARD", dated 11/5/2015; `BISHARD HOMES SF-35 ELEVATION STANDARD", dated 9/24/2015; "SF-41 Bishard Homes, A ELEVATION", dated 6/15/2016; and "SF-42 Bishard Homes, A ELEVATION", dated 5/16/2016, prepared by 3. Bengston, Land Planning Solutions, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials on the new residential homes shall be limited to brick, stone, fiber cement siding, hardiplank, cedar shake, faux shake of earth tone colors. 5. The dimensional requirements applicable to the single family lots numbered 1 through 19, Phase II on the Concept Plan For Phase H shall be as follows: • Minimum front yard setbacks 20 feet • Minimum side yard setback 5 feet • Minimum rear yard setback Lots numbered 1 through 4 and 11 through 13 (Phase II) 20 feet Lots numbered 5 through 10 and 14 through 19 (Phase II) to feet • Minimum lot size 5,000 square feet 6. When the Property is developed, the Grantor shall record a Declaration submitting the Residential Property to the existing mandatory membership Enclave at Princess Anne Homeowners'Association which Association shall also be conveyed title to the Proposed Open Space Areas designated 6 and 7 and shall be responsible for maintaining all open spaces, entrance features, landscaping, trails and other improvements on the Property as depicted on the Concept Plan For Phase II. 3 7. The areas depicted on the Concept Plan For Phase II which will not be residential lots are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-I Preservation District prior to Subdivision approval and shall be maintained and used by the Homeowner's Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance("Preservation District"). 8. When the Property is developed,the party of the second part shall construct and install an approximately 1,000 linear foot section of multi-purpose trail within the southernmost portion of the Nimmo Parkway right of way to extend said trail from its terminus at the entrance to the future Veterans Care Center west to the future intersection of Nimmo Parkway and ROD POCCESCHI WAY which extension shall connect with the cul-de-sac at the current terminus of ROD POCCESCHI WAY. This obligation of the party of the second part, is expressly subject to the Grantee providing the Grantor its approved design specifications and all necessary permit approvals for the construction and installation of the section of multi-purpose trail within the Grantee's Nimmo Parkway right of way,by not later than August 31, 2018. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall he void. The Grantors covenant and agree that: 4 (t) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (q) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: iU 3�4 (SEAL) API bony B. --- man, r. STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: ill S6of The foregoing instrument was acknowledge before me this �� day ofAet, 2016, by Anthony B. Huffman,Jr.,Grantor. 707—Notary Public My Commission Expires: _aNotary Registration Number: i 1 (i.( OFFICIAL SEAL (1) HARRY R.P PUBLIC JR. NOTARY R.P PUBLIC CDMMDR YRACIN OF VIRGIRU IDA/118561 6 WITNESS the following signature and seal: Grantor: Enclave at PA BC, LLC, a Virginia limited liability company By" Bishard Development Corporation, a Virginia corporatio/n,its Manager By: Aa. r ' I ..._I (SEAL) /1 o r r Bishard,Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this VI day of August, 2016,by John Bishard, Vice President of Bishard Development Corporation, a Virginia corporation, Manager of the Enclave at PA BC,LLC,a�Viirginia limited liability company,Grantor. r r^ ub Notary Public My Commission Expires: °moos} 51, 2A Notary Registration Number: '-'0,510 35C MELONIE MCHUGH Notary Public CommomiNlm of Virginia 256255 My Commission Expires A . 31,2017 7 EXHIBIT "A" LEGAL DESCRIPTIONS PARCEL 1 PART OF GPIN: 1494-40-8502 ALL THAT certain piece or parcel of land containing 1.2 acres, situate, lying and being in the City of Virginia Beach, Virginia, and being the eastern 1.2 acre portion of"Lot X", which Lot X is depicted on the "Subdivision of Property of the Knight Family Revocable Trust" as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20060216000255860. Said parcel being more particularly described as follows: Beginning at a pin at the northeast corner of Lot X, running South 72° 33' 59"West along the northern property line of Lot X, a distance of 375.90 feet to a point; thence South 17° 25' 35" east, a distance of 135.99 feet to a point on the southern property line of Lot x; thence along the southern property line of Lot X, North 73° 04' 42" east, 384.88 feet to a point at the southeastern corner of Lot X; thence along the eastern property line of Lot X, North 21° o6' 14",west a distance of 139.71 feet to the Point of Beginning. PARCEL 2 GPIN: 1494-40-7232 ALL THAT certain tract, piece or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and situated on the northern side of North Landing Road, near Princess Anne Courthouse and more particularly bounded and described as follows, to- wit: BEGINNING at an old pipe, which pipe is in the northwest corner of the property now or formerly Cecil P. Land, and said old pipe being North it degrees 12' 4" West, 125.25 feet from an old pin [on] the northern side of the right of way of North Landing Road at the dividing line between this property and the property of Earnest Styron; thence turning and running along the rear line of the property now or formerly C.P. Land, North 72 degrees 45' 00" [" symbol is missing from prior recorded documents] East, 290.20 feet to an old pipe; thence turning and running North 14 degrees 34' 32"West, 166.04'to a pipe; thence turning and running North 14 degrees 45' 00" East, 150.00 feet to an old pipe; thence turning and running North 14 degrees 19'3o" West, 200.87 feet to an old axle in the centerline of the ditch; thence South 8o degrees 01' 45" [" symbol missing from prior recorded documents] West, 384.68 feet to a pin; thence turning and running South o6 degrees 42' 10" East, 421.73 feet to an old pipe, the Point of Beginning. TOGETHER WITH an easement and right of way in common with any other that may be granted by the grantor to the use of a 20 foot strip of land for ingress and egress, and designated as follows: BEGINNING at an old pin on the northern side of North Landing Road where the southwest corner of the property now or formerly C.P. Land intersects the northern side of the said North Landing Road, and from said Point of Beginning, running it degrees 13' 45" West, 125.25 feet to an old pipe; thence North o6 degrees 42'20"West, 421.73 feet to a pin in the centerline of a 8 ditch; thence turning and running South 11 degrees 13' 45" East, to the side of the right of way of North Landing Road; thence turning in an easterly direction along the north side of the right of way of North Landing Road, to the Point of Beginning. PARCEL 3 GPIN: 1494-40-9163 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as follows: BEGINNING at an iron bar in the north side of North Landing Road to Princess Anne Courthouse Road and running thence N. 13 degrees W. 290.4 feet, to a pipe; thence N. 74 degrees 05' E. 150.0 feet to an axel on the line of Willoughby A. Simon's property; thence S. 13 degrees E. 290.4 feet along Simon's line to said North Landing Road; thence S. 74 degrees 05' W. 150.0 feet to the point of beginning; and containing one (1) acre; as shown on that plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 24, at Page 88. H:AAMVConditional Rezoning AEnclave @ Princess Anne AProffer Agreement.doc 9 S B SYkES, BOURIDON, A L AERN & LEVY, P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK - BUILDING ONE JON M. AHERN 281 INDEPENDENCE BOULEVARD R. EDWARD B. CROMWELL . JR. FIFTH FLOOR JAMES T. CROM VIRGINIA BEACH, VIRGINIA 23462-2989 L. STEVEN EMMERT ANGELINA S LEE TELEPHONE: 757-499-8971 KIRK B. LEVY FACSIMILE- 757-456-5445 September 22, 2017 MICHAEL J. HOWARD R. SYKES,S, JR JR. DAVID M. ZOBEL •Aem.ed V,rc•I>and W "Kia,DC Via Email&Hand Delivery The Honorable William D. Sessoms,Jr. Members of City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #i, Room 281 Virginia Beach, Virginia 23456 Re: Application of Grace Bible Church for Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-2 Community Business District on 6.3 acre portion of property located at 2285 London Bridge Road, Virginia Beach, Virginia; City Council public hearing date October 3,2017 Dear Mayor Sessoms and Members of City Council: I am writing on behalf of Grace Bible Church to request that the above referenced Conditional Rezoning Application which is on your October 3, 2017 public hearing agenda be WITHDRAWN. We want to thank you in advance for your anticipated courtesy and consideration in permitting this rezoning application to be withdrawn from consideration. Should any of you have any questions or concerns please do not hesitate to contact me. With kind regards, I am Very truly yours, n ' ' 'ar ourdon��y;Jr.. I REBjr/arhm cc: Barry Frankenfield,Director, Department of Planning Jonathan Sanders, Department of Planning B. Kay Wilson,Deputy City Attorney Matthew Breitenberg,Grace Bible Church Bill Miller,Grace Bible Church Brad Martin,American Engineering Leslie R.Watson, Esquire Robert Thornton,Thalhimer/Cushman&Wakefield H:AAMVConditional Rezoning AGrace Bible Church VLondon Bridge Road\Sessoms_Ltr 9-22-2o17.docx \ .• . ' • •' ,., ' 1174%.71.M..° ‘71 IF p,- \`‘... , 0 •--rt• I Cf3 .7 II /(747 * ° , 0/ ,:-.. ?.`?>' ..'-•'''N <II tii: /15b I i 41:( r ) 4-1 Ara • lit . C0D e k < /P 7 . 4Z141* ..-. 6_7L... 01:10100,.,rIlI_ 4,, -0-4 . N... ea " ti . A C\I OP ' ''Iri19. .,..._ t %— • -c-,--' F•rt ri. cc . \..-` I 4,1 Seibmi._WI ( • . \ Oa. C16X 4:0 . N• _ .„--, 00c---lr c Q., jitz C. 0 . z Li i S --YA)--4 w50 NT" f\--, ' • 4,„ I h — ---, (r _... 4, :i t. i....--.' IC/ Lr-j U - I E—' Th , [ -------------1914. 11: 1 ,_,J T--7 , 91-i\\ L. gal 1 4- --._- 1 0 4, i )1 co II c---.)- s ' ---. .c.2 , H ii 0 I ( , ., ..._7' 1 il 1 . I ... R \.,.. cs.,, , , ./7\ , / 2 ,. s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. [Applicant] MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST [Property Owner] Conditional Rezoning (AG-2 Agricultural District to Conditional B-2 Community Business District), Conditional Use Permit(Religious Use) 2285 London Bridge Road (GPIN 2405702584). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: October 3, 2017 ■ Background: The 20.9-acre farm site is currently zoned AG-2 Agricultural District. In 1975, a Conditional Use Permit for a Riding Academy was approved for the site. The applicant is requesting a Conditional Use Permit for a Religious Use. The original request included a Conditional Rezoning from AG-2 Agricultural District to Conditional B-2 Community Business District for 6.3 acres along London Bridge Road. The concept plan depicts a 31,000 square foot church with 600 seats in the sanctuary, as well as a 335-space parking lot, and four commercial parcels along London Bridge Road. The Planning Commission deferred the request at the July 12, 2017 public hearing in order to allow the applicant time to consider revisions to the proposal with regard to the concerns expressed by several of the Planning Commission members and by the public regarding the rezoning. Based on those concerns, the applicant modified the proffer agreement for the August 9, 2017 public hearing. While the Planning Commission concluded that the Conditional Use Permit for the religious use was acceptable, several Commissioners expressed concerns about the rezoning application despite the changes to the proffer agreement. Upon being asked by the Commission if there was a desire for the Commission to consider each application separately, the applicant's representative requested that both applications be considered together. As a result, the Commission voted on both applications as one, and recommended denial. On September 22, 2017, the applicant's representative sent correspondence requesting a withdrawal of the Conditional Rezoning application. The Conditional Use Permit for the Religious Use remains on the October 3'd City Council public hearing agenda. Grace Bible Church of Virginia Beach, Inc. Page 2 of 3 Staff has received letters and emails of opposition, and there were 11 speakers at the August Planning Commission public hearing who expressed concerns related to the rezoning regarding stormwater, noise, land use compatibility, traffic, safety, and impact on property values. ■ Considerations: As the site is within the 70-75 dB noise zone, new residential uses for discretionary requests are deemed incompatible with flight operations at NAS Oceana. The Conditional Use Permit for a Religious Use is deemed a compatible use, as set forth in Article 18 — Special Regulations in Air Installations Compatible Use Zone (AICUZ) of the Zoning Ordinance. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review, the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 7-3. Conditions of the Conditional Use Permit for a Religious Use: 1. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Conditional Use Permit Exhibit — Landscape Plan," prepared by American Engineering, dated 04/28/2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Grace Bible Church Red Mill Campus" prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Grace Bible Church Freestanding Sign," in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All signage on the site shall meet the requirements of the Zoning Ordinance. Grace Bible Church of Virginia Beach, Inc. Page 3 of 3 4. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits & Inspections Division and the Fire Department. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Departmen • = -ncy: Planning Department `�„ . L, _ City Manager: C�•/n'fVI � ]V'� NIApplicant Grace Bible Church of Virginia Beach, Inc. Agenda Item Property Owner Mary H. Smith, Trustee of the Mary H. Smith i Revocable TrustI) 3 Public Hearing August 9, 2017 (Previously Deferred on July 12,2017) Virginia Beach City Council Election District Princess Anne Request e Conditional Rezoning (AG-2 Agricultural to Conditional B-2 Community Business) C >75 dB DNL I. Conditional Use Permit (Religious Use) st Staff Recommendation �1 Approval ate. 70-75 dB DNL Y R'o, WalliKmn WaY < Eig., 2e Staff Planner s Edmenlon Drive Jonathan Sanders L_.,ll W indB/an[RGrde®-0--.s' ,n C I a O '`( E ° �,! yF C� Location i y„n,,,c--$`o6 , Sr a ' le9 2285 London Bridge Road Paley Sark()nye Gn.- tan. ``ry,� GPIN 6570 tlB DNL '4% 6 2405702584 Site Size 20.9 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District #4 ` Horse farm/AG-2 Agricultural - ` ,i • , enden :. •~_ r . O.!• , Surrounding Land Uses and Zoning Districts „ North 2 ew. sr % London Bridge Roadt•* �; • ,` Office, farm/AG-2 Agricultural, 0-2 Office i� it •`A7 `• ip South '? = �,� M I 'Iwt'f Y P,,7j•5. "*" Single-family dwellings/ R-10 Residential < FtI -4,0 r•�`'4n .� East , • t 4 i Jr a Single-family dwellings/ R-10 Residential a v �`�:41, ' 1 p A.-4' . y West a Win- yvane.:—rcle 0- • ea Diy'Prile. Open space/ P-1 Preservation k'R' t''.'ti L fi')• w0 '�l I -"e' • Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 1 Background and Summary of Proposal • The Planning Commission deferred this application during the July 12, 2017 public hearing. The purpose of the deferral was to allow the applicant time to consider revisions to the plan and to the proffers in order to respond to concerns expressed by the Planning Commission. The principal concerns were related to (1) the number of ingress/egress points along London Bridge Road (Traffic Engineering recommends two rather than the three proposed in order to accommodate the geometrics of the required turn lanes), (2) the prohibited uses on the proposed commercial properties, and (3) the ability of eating and drinking establishments with a drive through to be located on each of the commercial sites. In response to the concerns, the applicant has modified the proffers and the proposed plan as follows: 1. Limiting the hours of operation of the businesses on the commercial sites to between the hours of 6:00 a.m. to 11:00 p.m. 2. Excluding additional uses on the proposed commercial parcels to include: • Grocery stores, carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; • Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; • Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; • Automobile repair garages and small engine repair establishments; • Automobile service stations; • Bars or nightclubs; • Borrow pits; • Craft breweries; • Craft distilleries; • Recreational and amusement facilities of an outdoor nature; • Tattoo establishments; and • Mini-warehouse/Self-storage. 3. Limiting the number of eating and drinking establishments with a drive through on Parcels B, C and D to no more than two total between the three sites. 4. Prohibiting eating and drinking establishment with a drive through and prohibiting a car wash on Parcel E. • The 20.9-acre farm site is currently zoned AG-2 Agricultural District. In 1975, a Conditional Use Permit for a Riding Academy was approved for the site. • The applicant is requesting a Conditional Use Permit for a Religious Use on the southern 14.6-acre portion of the property (Parcel A), and a Conditional Rezoning to Conditional B-2 Community Business District on 6.3 acres along London Bridge Road, in order to create four commercial parcels (Parcels B, C, D & E). At this point, specific uses or site layouts have not been submitted for the proposed commercial lots. • Vehicular ingress/egress is proposed at three locations along London Bridge Road, which will provide shared access to all of the parcels. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 2 • A proposed church is depicted as a 31,000 square foot building with approximately 600 seats in the main sanctuary space. The contemporary facade of the church is proposed to be constructed with an exterior of primarily an Exterior Insulation Finishing System (EIFS) with a masonry foundation and a flat roof. Architectural accents of metal coping and aluminum framed windows with insulated glass are proposed. • The applicant has submitted a rendering of a proposed 10-foot high monument sign for the church. Staff supports the design of the sign, but recommends a condition that it not be taller than eight feet. • The concept plan reflects 335 parking spaces on the church property, exceeding the 120-space minimum parking requirement of one parking space for every five seats in the sanctuary. • As the uses are not finalized related to the four proposed commercial sites, the proffer agreement will require that the elevations of these future buildings be designed to exceed the minimum standards of the Retail Design Guidelines. • A large, shared stormwater management facility is proposed to capture and treat the stormwater from the entire 20.9-acre site. • The site is impacted by the 70—75 dB noise zone and new residential uses are not compatible. • A submitted concept plan depicts street frontage plant material along London Bridge Road. The plan depicts a Category VI buffer, which is a solid privacy fence at least six feet in height with evergreen shrubs in a 25-foot wide area, along the eastern property line of Parcel E, rather than the required Category IV buffer, which is a mix of trees and shrubs within a 15-foot wide area. The applicant believes that the installation of a fence will enhance the screening of the future commercial use from the adjacent residential neighborhood. Category IV landscaping is proposed around the rear of the parking area of the church, which will be a mix of trees and shrubs within a 15-foot wide area. AG'( �•� r .20 „so' '75 .w AG-2 , 2 a�•d 3 l°n„ne,,aA• Zoning History R- fore # Request er7 e. ;���//®® 1 CUP(Riding Academy)Approved 02/10/1975 T !w® R- . 2 CRZ(R-20 to Conditional 0-1)Approved 12/09/2008 ��� • 41', , 3 CUP(Recreation)Approved 07/08/2008 i lC €w�CYp •�i ' a' 4andY J __ I. lE by Q 7 5 a""Y Po L•� R`f0 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 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 3 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. 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 is a forested section on the western portion of the site that will remain as a wetland area on the proposed plan. There are no known significant cultural resources related to this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic London Brid a Road 21,240 ADT' 28,200 ADT 3(LOS 4"C") Existing Land Use°—176 ADT g 30,600 ADT'(LOS 4"D") Proposed Land Use 3-3,740 ADT 'Average Daily Trips a as defined by 14.6 acres Sas defined by 6.3 acres of B-2 zoning 4 LOS=Level of Service AG-2 zoned land and an approximately 30000 square foot church Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road in the vicinity of this site is a four-lane divided minor arterial suburban roadway. London Bridge Road has a variable width right-of-way, and the MTP shows a divided roadway with a bikeway and an ultimate right-of- way width of 100 feet. The conceptual plan submitted with the rezoning application shows an existing median opening on London Bridge Road where one access is proposed. It should be noted that no additional median openings will be permitted on London Bridge Road. A traffic signal bond will be required at the site plan submittal stage for the church and each of the four outparcel sites, with the amounts to be determined based on traffic generation for the specific outparcel land uses. Public Utility Impacts Water There is an existing 10-inch City water main along London Bridge Road. The site must connect to City water. Sewer There is an eight-inch City gravity sanitary sewer along Mayberry Drive.The site must connect to City sanitary sewer. City sanitary sewer does not front the subject parcel, but it lies within the sanitary sewer service area for Mayberry Pump Station#643.Thus,gravity sanitary sewer can be extended to the parcel from Mayberry Drive. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 4 Water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Evaluation and Recommendation The request for a Conditional Use Permit for Religious Use is, in Staff's opinion,consistent with the land use policies for the Suburban Area of the Comprehensive Plan. In addition,Staffs supports the proposed rezoning of up to 6.3 acres of the farm for commercial uses that will be compatible with Article 18—Special Regulations in Air Installations Compatible Use Zone (AICUZ)of the Zoning Ordinance. As the site is within the 70-75 dB noise zone, new residential uses for discretionary requests are deemed incompatible with Naval flight operations at NAS Oceana. The plan depicts a Category VI buffer, which is a solid privacy fence at least six feet in height with evergreen shrubs in a 25-foot wide area, along the eastern property line of Parcel E, rather than the required Category IV buffer,which is a mix of trees and shrubs within a 15-foot wide area. The applicant believes that the installation of a fence will enhance the screening of the future commercial use from the adjacent residential neighborhood.Staff is supportive of this deviation. In an attempt to reduce impacts to the adjacent residential properties,the proffer agreement specifically excludes the more intense uses permitted in B-2 Districts on Parcels B, C, and D, such as boat sales; bulk storage yard;commercial parking lots,commercial parking garages, and storage garages which include car wash,car rental or car detailing services therein; heliports and helistops; mobile home sales; motor vehicle sales and rentals; satellite wagering facilities;grocery stores, carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; grocery stores,carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000)square feet; automobile repair garages and small engine repair establishments;automobile service stations; bars or nightclubs; borrow pits; craft breweries; craft distilleries; recreational and amusement facilities of an outdoor nature; tattoo establishments; mini-warehouse/self-storage; and no more than a total of two (2) eating and drinking establishments with drive through windows shall be permitted to operate on all of Parcels B, C and D at any time. In addition to those excluded uses above for Parcels B, C and D,the following uses are excluded on Parcel E, car wash facilities and eating and drinking establishments with drive through windows. Traffic Engineering has informed the applicant that it is likely that right-turn lanes will be warranted and required along London Bridge Road for the three vehicular ingress/egress points. Based on required geometric elements of these turn lanes, it appears that the length of the frontage allows for only two full turn lanes into the site. Based on this,Staff recommends a reduction of access points from three down to two. Further consideration regarding the ultimate location and number of vehicular ingress/egress points will be performed during construction plan/final site plan review. As recommended by the Comprehensive Plan,the applicant has submitted a preliminary drainage study to the Development Services Center(DSC)outlining their proposed stormwater strategy for the subject site. As a result of their review,the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. Based on the considerations above,the proffers are appropriate for the Conditional Rezoning and Staff recommends approval of both the rezoning and of the Conditional Use Permit request for a Religious Use, subject to the proffers and the conditions below. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 5 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Properties are developed,they shall be divided and have vehicular ingress and egress substantially as shown on the exhibit entitled, "CONDITIONAL REZONING EXHIBIT", "GRACE BIBLE CHURCH LONDON BRIDGE CAMPUS 2285 LONDON BRIDGE ROAD GPIN 2405-70-2584-0000 DISTRICT47- PRINCESS ANNE VIRGINIA BEACH",which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Conceptual Layout"). Proffer 2: The businesses/uses which are permitted upon PARCELS "B", "C and "D" as depicted on the Conceptual Layout are those which are both allowable in the B-2 Commercial Zoning District and designated as"Compatible (Y)" in the tables contained in§1804(b)of the Grantee's Zoning Ordinance for the 70-75 db DNL"NOISE ZONE" in which the Property is currently deemed to be situated, except the following uses which shall not be permitted: (a) Boat sales; (b) Any type of Bulk Storage yard; (c) Commercial parking lots, commercial parking garages, and storage garages which include car wash,car rental or car detailing services therein; (d) Heliports and helistops; (e) Mobile home sales; (f) Motor vehicle sales and rentals; (g) Satellite wagering facilities; (h) Grocery stores,carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; (i) Grocery stores,carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000)square feet; (j) Grocery stores,carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000)square feet; (k) Automobile repair garages and small engine repair establishments; (I) Automobile service stations; (m) Bars or nightclubs; (n) Borrow pits; (o) Craft breweries; (p) Craft distilleries; (q) Recreational and amusement facilities of an outdoor nature; (r) Tattoo establishments; (s) Mini-warehouse/Self-storage; and (t) No more than a total of two (2) eating and drinking establishments with drive through windows shall be permitted to operate on all of Parcels B,C and 0 at any time. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 6 Proffer 3: The businesses/uses which are permitted upon PARCEL"E"as depicted on the Conceptual Layout are those which are both allowable in the B-2 Commercial Zoning District and designated as"Compatible(Y)" in the tables contained in §1804(b)of the Grantee's Zoning Ordinance for the 70-75 db DNL"NOISE ZONE" in which the Property is currently deemed to be situated,except the following uses which shall not be permitted: (a) Boat Sales; (b) Any type of Bulk Storage yard; (c) Commercial parking lots, commercial parking garages,and storage garages which include car wash, car rental or car detailing services therein; (d) Heliports and helistops; (e) Mobile home sales; (f) Motor vehicle sales and rentals; (g) Satellite wagering facilities; (h) Grocery stores,carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; (i) Grocery stores,carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000)square feet; (j) Grocery stores,carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000)square feet; (k) Automobile repair garages and small engine repair establishments; (I) Automobile service stations; (m) Bars or nightclubs; (n) Borrow pits; (o) Car wash facilities; (p) Craft breweries; (q) Craft distilleries; (r) Recreational and amusement facilities of an outdoor nature; (s) Tattoo establishments; (t) Mini-warehouse/Self-storage; and (u) Eating and drinking establishments with drive through windows. Proffer 4: When the Properties are developed,the businesses and/or offices thereon shall only be permitted to be open between the hours of 6:00 AM and 11:00 PM each day. Proffer 5: When the Properties are developed a unified street frontage Landscape Plan for all four(4) Parcels shall be installed along London Bridge Road, substantially in conformance with that"ZONING EXHIBIT- LANDSCAPE PLAN FOR GRACE BIBLE CHURCH",dated 04/28/2017, prepared by American Engineering,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Plan"). Proffer 6: When the Properties are developed,the freestanding signage to be located on each of the four(4) parcels depicted on the Conceptual Layout shall be monument style with a maximum height of eight feet(8')and constructed with materials and colors similar to those used on the exterior of the primary structure located on that Parcel, and shall otherwise comply with the provisions contained in the Grantee's Comprehensive Zoning Ordinance (C.Z.O.). Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 7 Proffer 7: When the Properties are developed, in addition to any mandatory design standards which may be applicable to development of the four(4) parcels,as contained in the C.Z.O.,Grantor shall also adhere to the following"optional" provisions of Article II,Subsection D of the C.Z.O. as slightly modified herein: (a) Building facades visible from London Bridge Road and greater than one hundred fifty feet(150') in length, measured horizontally,shall incorporate wall plane projections or recesses having a depth of at least three feet (3') [Section 245(a)(1)]; (b) Building fronts and sides of buildings oriented toward London Bridge Road shall incorporate features such as arcades,display windows,entry areas,false windows,awnings and similar features adding visual interest [Section 245(a)(2)]; (c) Facades not visible from a public street or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades [Section 245(a)(4)]; (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations[Section 245(b)(1) -as modified]; (e) Exterior building materials for all portions of a building shall be of high quality and should exceed the minimum level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials(except for roofs, doors, windows, eaves, and other ornamental features) will include any combination of brick, brick veneer,wood, stone,glass, or tinted and textured concrete masonry [Section 245(c)(1)-as modified]; (f) Smooth-faced concrete block,tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality [Section 245(c)(2)]; (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances,which shall incorporate two (2)or more of the following features: (i) Canopies or porticos; (H) Overhangs; (Hi) Recesses or projections; (iv) Arcades; (v) Raised corniced parapets over entranceways; (vi) Peaked roof forms; (vii) Arches; (viii) Outdoor patios; (ix) Display windows; (x) Architectural details such as tile work or moldings integrated into the building structure and design;or (xi) Integral landscaped areas or places for sitting [Section 245(d)]; (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants having good screening characteristics. Shrubs shall be at least three feet (3') high,and trees shall be at least six feet(6') high,at planting. Plants shall be spaced as directed by the City's landscaping,screening and buffering specifications and standards, be maintained at all times in good condition arid shall not be trimmed to a height lower than the mechanical equipment they screen [Section 245(e)(30)]; and (i) Outdoor lighting fixtures shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Parcels shall overlap,creating an even level of illumination throughout the parking area (Section 245(f)(1)-as modified)]. Proffer 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 8 Staff Comments: The revised proffers listed above are acceptable as they add additional uses to be excluded, remove eating establishments with drive through window and car wash facilities on Parcel E, limit the hours of operation, and ensure that the proposed commercial uses will be developed with a high quality architectural design, landscaping and site layout. Recommended Conditions 1. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Conditional Use Permit Exhibit—Landscape Plan," prepared by American Engineering, dated 04/28/2017,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled,"Grace Bible Church Red Mill Campus" prepared by Visioneering Studios,which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign for the church shall be a monument style sign,with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Grace Bible Church Freestanding Sign," in terms of materials and color scheme.Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All signage on the site shall meet the requirements of the Zoning Ordinance. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits& Inspections Division and the Fire Department. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(OPTED)concepts and strategies as they pertain to this site. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 9 Proposed Site Layout 1Jt• 1• vr.s4r-.•rn . . 1` 3- :W x ,: .1114 %., R1J i!i i M.r4W4.ms'stnsMtwKrQ n F W Z sfldNIVD 3701218 NOONOI LA 6::2'..,:\, _ 1 8U aaui8u3 "W °i m 4 1 `� '<1 NVO8 V ! =�WZ 3Dda0 � %vi11!(i o� 5 j 1 3 §” a ilit41 " 4 .7< ‘. . r. W RRtY W 5 YdWpw. V= r+W n,. a 5 li t ! Ki P i u°a Ie d N J L } I N To Ij 11i{� }ll Ali i P Cn II I" i E • ;� ` im.-. o 0. WO .i -z 0 III \ U wU a wv U Q cc / Q ca U C o c =z X n O_ /, UZo 0: :- U m Q I • U w $ CL ; ---\._,,i'-'"----- --(-- � % >a 1 / So . 1 m w cc 1 U U ( / Q M 0 1 a Z / J 11 F- / j / / u L I • Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 10 Proposed Landscape Plan -7."I, lV3t VINISI /NW f137NON I'1]IX1SIC 6O, 1180 S 1 Nom.r we w wYr.v��r, - -_ �.,_ OYOl nom NOONO1 Otto 1 •'���'.`a' g m Z = SfldIIVD 3701x8 NOONOI 1,,,,,,,'401,� a ' 8upaaul8u3, 61'S 1 3 ! ,� •,! . NV3I I3WV 3 �_3. ! r --- i w, u: x a, U I r, 4{11Ih ill i ii We a Em ay 14 I h rI ! 'd fs :: ;Ir lit 1li 11 111f IIS I I 1 g c__:_,- c\--\ 1 Im t II ,l I 1 , I __1 I I I I r__ / • •--Y i l t I s. • I I - -I / /moi �\ \�a ---,„/ Q, a o I Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 11 Proposed Elevations VISIONEERING S UDIO 9 171 - - � � 11 11 • 11111 EAST SIDE ELEVATION [J GRACE Bible Church g Strawbrid e Campus Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 12 Proposed Elevations VISIONEERING STUDIOS 9 'WNW EGI GRACE BIbteChurch Strawbridge Campus Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 13 Grace Bible Church Freestanding Sign ...,44,,, .., .... • • V ... diir • ,- .. �,,, riiL 10 4. @JGRACE „;,,. ,. Bible Church J -..yy' ••L f. r- �. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 14 Site Photos 41100Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 15 Disclosure Statement Virginia Beach APPLICANT'S NAME Grace Bible Church of Virginia Beach, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development 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. e • SECTION 1 / APPLICANT DISCLOSURE .. ,, „+ 7 1 _ Page l of 7 0� imnrn. CI/ZI/17 JS Jonathan Sanders p i.i . v+. , Irr pn . Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 16 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT I5 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_Grace Bible Church of Virginia Beach, Inc. If an LLC. list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees. etc. below: (Attach list if necessary) Matthew Breitenberg, Treasurer; Cameron Boyd, Recorder; Stephen Carlson, Moderator; Bryan Rex, Director; Eric Sanzone, Director; Bill Miller, Director (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 4 , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nrooertv owner is different from Applicant. n Check here if the pROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here If the pROPFRTY OWNER I5a corporation, partnership, firm, business, or other unincorporated organization. AND THEN complete the following. (A) List the Property Owner's name:Mary H. Smith Revocable Trust_ If an LLC, list the member's names: Page 2 of 7 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 17 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Mary H. Smith, trustee (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See Sate and Local Government Conflict of Interests Act,Va. Code 477-3101. 7 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, hi)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 offces or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close narking relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the ppolication or any business ooeratina 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 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 18 Disclosure Statement XB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(uae additional sheets if needed) ® Accounting and/or preparer of your tax return '-' ❑ Architect/Landscape Architect/ Visioneering Studios Land Planner ❑ Contract Purchaser(if other than ® the Aoolicanv- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • ®l� Construction Contractors ❑ I I Engineers/Surveyors/Agents American Engineering,Inc. Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services Sykes.Bourdon,Ahern&Levy,P.C. Real Estate Brokers / • ® Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ [ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 19 Disclosure Statement W Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ,A. •lication. _ �y) F 1 Matthew Breitenberg.Treasurer g/r /i APPLICANT'S SIGN TURF I PRINT NAME DATE Grace Bible Churchii ' Inia Beach.Inc. V Page 5 of Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 20 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I�I ® Accounting and/or preparer of I I your tax return ▪ ® Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than 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 ▪ X71 Engineers/Surveyors/Agents Financing(include current O El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / Thalhimer(Robed M.Thornton) ® ❑ Agents/Realtors for current and anticipated future sales of the subject property 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 6 of 7 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 21 Disclosure Statement Virginia Beach TCERTIFICATION: 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. ,('._i,.: t Mary H. Smith, Trustee PROPtRTV OWNERS SIGNATURE PRINT NAME ATE • Page 7 of] Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 22 Item#D3 Grace Bible Church of Virginia Beach, Inc. Conditional Use Permit(Religious Use) Conditional Rezoning(AG-2 Agricultural to Conditional B-2 Community Business) 2285 London Bridge Road District 7 Princess Anne August 9, 2017 REGULAR Jan Rucinski: Our last item on the agenda today is D3,Grace Bible Church of Virginia Beach,which is an application for a Conditional Use Permit(Religious Use)and Conditional Rezoning (AG-2 Agricultural to Conditional B-2 Community Business)on property located at 2285 London Bridge Rod, District 7, Princess Anne. I guess I don't need to tell you to state your name fort the record. Eddie Bourdon: Thank you Jan. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing Grace Bible. In addition to myself, Les Watson will have a few comments,along with Pastor Breitenberg of the church. You heard this last month and I am going to go through a lot of information. I apologize, but Herbert Mae Smith bought this farm 50 years. They raised their daughters on this farm,often rode horses and taught countless children to ride horses. Mrs.Smith continued to operate and maintain this horse farm after her husband passed away in 1990. All the while,all the property around her didn't grow crops,didn't grow horses. They grew houses. Pine Ridge Lane, Strawbridge,the shopping center. We almost got lucky. We almost had Churchill Downs on the Taylor Sister farm,just to the north west of Mrs. Smith's horse farm, which the Smiths and many, many other people in our community really, really tried hard to get. It didn't work out at the state level. But hard course farmer been very,very well situated, we would not be here if Churchhill Downs. We would have been fortunate to have them here in Virginia Beach. Instead we got a lot of industrial uses on the land where Churchhill Downs would have gone plus Prince George Estates. And,another horse farm in the area,the largest, London Taylor Chapels on Dam Neck Road is now predominately a series of industrial parks. Unlike Mrs.Smith, the Navy paid the Taylor family for their residential development rights and put restrictions on their property requiring it to be developed as industrial uses that are compatible with the operations of NAS Oceana. 2005 BRAC, it was a paradigm shift. Instead of the Navy continuing to compensate landowners for the removal of their residential rights consistent with the Comprehensive Plan for decades,the City, at that point,capitulated after a lot of hard work, discussion,and debate, went along with what deemed to be necessary to keep Oceana here,valuing Oceana, and its land use above other folks' land uses and potential land uses. They took away the opportunity Mrs. Smith would have had without compensation. No residential development can occur on this property.That had been the vision in our Comprehensive Plan for decades and that is how the property adjacent to her had developed with 3 to 3% units per acre. Mrs.Smith is the poster child for the unavoidable impacts of a community decision to value the Oceana Land Use and the jobs it creates above all else. That is not intended to be a criticism. That was a conscience decision that the City made, and I think made the right decision. Up until now,the City has done an excellent job of threading the needle. Most folks who were impacted have been able to see that impact lessen,and or been paid for the impacts through other means. Mrs.Smith to her absolute credit is not going around whining about her fate. She has not made a poster child of herself but make no mistake, had her property had not been so impacted, developers would be standing in line as they were prior to 2005, offering her far more money than she's able to get from my client Grace Bible Church, if she could develop 75-80 homes on her property at 3 to 3'/, units Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 2 per acre like everybody around her did. The property that she is on and has owned all these years, has the misfortune of being in the above 70 noise zone. If we are in the 65 noise zone, then she would be able to get the rezoning for the 3 to 3X units per acre. That's where the lines fault.So,what we have is in my view and in your professional Staffs view, an excellent opportunity to thread the needle. This is not an application to put a 20.6 acre industrial park on this piece of property,which is really the only other use that meets the Navy's criteria. Unless you're talking about doing a 20.6 acre shopping center on the property, which also would also be acceptable but would have to eliminate some of the uses that the Navy objects to. So,we have church,which is a fantastic use along with a very limited amount of commercial uses upon a four lane arterial highway, London Bridge Road, not at the entrance of anybody's' neighborhood. The first thing that you talked about this morning briefing is access. We talked at length about this last month,and we are prepared to offer voluntarily a revised proffer number one, and I reviewed this with both Ms.Wilson and Ric Lowman,and I will take second to read it. I will be happy to do so but in place of Proffer#1,the church would propose "When the properties are developed they shall have vehicular ingress/egress from London Bridge Road, with turn lanes at the existing median break and at least at one other location to be determined by the grantees,City Manager, and his Staff during site plan review. Based upon the location of the second point of access, the configuration of the parcels that shown on the exhibit and title,that goes to what is in the proffer today,exhibiting title conditional rezoning Exhibit Grace Bible Church, London Bridge Campus, 2285 London bridge Road, GPIN: 2405-70-2584-0000, District 7, Princess Anne,Virginia Beach,Virginia,which has been exhibited to Virginia Beach City Council and is on file in Virginia Beach Department of Planning as a conceptual layout as which may be revised." So,we're saying that four parcels may be revised depending on wherever the other access goes in. I won't belabor the point, but as I mentioned last month,we can have a full turn lane entry to the western entrance,which we think is the safer way to go.What we don't have is the ability to have 120 feet between that entrance and the start of the next turn lane versus putting the turn lane in the far east end in the curve and near the homes that are on County Manor Lane,so;that is something to be determined with Traffic Engineering,City Manager, Planning Director,and City Staff but we are agreeing to have that modification based on what is determined to be the safest,which would include modifying potentially the layout and moving the landscaping as Ric Lowman described this morning. We are not in disagreement with most of what was indicated this morning. While we are on that topic,this is on me as far as the proffers there is one mistake here. I misunderstood that the conditions that we put in here, that are the City's Retail Guidelines, require that a drive-thru be behind the building. We will between here and Council, add another proffer that any drive-thru that is placed on any of the three parcels other than the eastern most parcel would meet the requirement that it would be behind the building. Again, I can't imagine that our guidelines would allow a drive-thru that is not behind the building, but we will add that because it is not the actual verbage.We just took it all out of our Retail Guidelines, put it in the proffered agreement word for word and made it a "shall",a requirement. And the church was very glad to put that in there from day one. They want to make absolutely certain that what is out in front and they are in a position that will happen, is of the highest quality. No one could care more about that. Others would care but no one can possibly care more because it is their front yard. The appearance and quality of what's out there will be at their entrance and their front yard. The church is also going through the trouble, as I discussed last month, we want to be able to have potentially gymnastics training or teaching facility or yoga studio,things that make perfect good sense on this property that aren't allowed in any B-1 or B-lA zoning, so we asked the community,asked Commissioner Beardslee Kwasny to get with the community and give us a list of things they don't want to see on the property. And,we put things on there that weren't their list, and I have that confirmed by Randi Vogel in a conversation I had Item #D3 Grace Bible Church of Virginia Beach, Inc. Page 3 with her last night.We've gone beyond what's on their list, but we did not exclude all potential for an eating and drinking establishment with a drive-thru. At last months' hearing, we were asked, I think by Commissioner Oliver, or it may have been Commissioner Hodgson, if the church would agree to reduce the potential,which we did. We agreed there would be no more than two and they would not be on the eastern most parcel, if there were any,would be on the two little,or the western parcel as shown. And that is eating and drinking establishments with a drive-thru where you can have a Tastee Freeze,or a Krispy Kreme any number of uses that I think most people would like. We hear a lot about we don't want McDonald's,Taco Bell, or Burger King, or Wendy's, any of the fast food places. Well the reality of this is this is in a shopping center. They are already out there on General Booth Boulevard, Nimmo Parkway and this is not going to happen here. And we're not looking for that to happen here but we don't have another category of fast food with a drive-thru. We have all eating and drinking establishments being a deli, being an ice cream shop, being a coffee shop. That is what we have to deal with,and that is why we have in the proffers what we have, not that that church isn't looking to put any of the fast food giants out here, and trust me, none of the fast food giants would go out here. Dee Oliver: Mr. Bourdon. Eddie Bourdon: That's it. Dee Oliver: We have a lot of speakers today. I'm sorry. Eddie Bourdon: I tried to keep this short as possible. I will be happy to answer any questions. I'll let my other folks come up and talk to you.Thank you. Dee Oliver: Thank you. Jan Rucinski: Our first speaker in support is Matt Breitenberg. Eddie Bourdon: Can we get Les Watson to come up first? Jan Rucinski:They asked me to call them in this order. We can absolutely change that. Les Watson: Madam Chair and members of the Commission, I'm Les Watson. I'm a local attorney,and I represent the property owner Ms. Mary Smith,who has, as Mr. Bourdon pointed out, owned this property for I think for 47 Y,years. And, as you know from Mr. Bourdon's eloquent presentation of the history of this property is subject to substantial zoning prohibitions that affected uses to which can be put here. And we've looked at this situation as carefully and we've worked with Mr. Bourdon and with the Staff and try to be as cooperative as we could. I think the resolution that Mr. Bourdon has presented is sort of like this. Of all the things that could ultimately happen at this site,we think that the application,the project described in this application is precisely that sort of thing which will have at the same time the least impact, and also allow a fair use of Ms.Smith's property. And, I compliment Mr. Bourdon on his eloquent presentation and his resuscitation of the history and VII be happy to answer any questions you go for me. Dee Oliver: Are there any questions? Okay. Thank you. Item ttD3 Grace Bible Church of Virginia Beach, Inc. Page 4 Les Watson:Thank you. Jan Rucinski: Our next speaker is Matt Breitenberg. As he is coming to the podium for those who are wondering what has happened to our illustrious Chair, he has recused himself because he has relationship with this,and it would inappropriate for him to sit in on this hearing. Thank you. Matt Breitenberg: Good afternoon. My name is Matt Breitenberg. I am one of the pastors at Grace Bible Church. I would like to share a little bit about our church and about this project. We're an independent church founded in 1991. This would be our third campus. We have a campus in Virginia Beach and we have a campus in Norfolk,which we started about two years ago. We care deeply about families. We have over 600 kids in our weekend kids programs every week. That is about the size of a typical elementary school in Virginia Beach. Plus we care deeply about serving our local community. We partner with organizations to care for needy people,Judeo Christian Outreach Center, Union Mission,and ministry nursing homes and others. We have a community garden that produces thousands of pounds of fresh organic produce,which we donate to organizations who feed the poor in our community. We also partner with Public Schools and encourage students and teachers and their families. We're also in partnership with Birdneck Elementary,which is just a few miles from our potential new campus.We are requesting this rezoning simply because we need to sell the front parcels in order to make our financing work for this project. We have multiple conversations with neighbors including hosting a town hall meeting. We have tried to be as responsive as we could be. Our initial submission had restrictions on B-2 uses and since then we have come back with further restrictions. We agreed to nearly all the restrictions that the neighbors have asked for as you have heard but frankly,we can't make any further restrictions in order to make this project work for the church. Whoever buys these parcels will literally be in our front yard. So,for that reason it would be our intention to make sure that it is a quality organization that would be there. It would not interfere with the neighborhood or with the church. We care very much about what's in our front yard, and we will make every effort to find good partners to buy these parcels. Thank you. I'll be happy to answer any questions. Dee Oliver:Thank you. Jan Rucinski: Our next speaker in support is Edward Gluckle. Sir,as you come to the podium can state your name for the record? Edward Gluckle: Okay. My name is Edward Gluckle. I am not only opposed to the church but I have a couple of concerns. Last time we had a storm, I think the water was about two feet deep in the backyard there, which is a lot of flood water for the area. And, if they raise the ground for the church with backfill,what's going to happen to all that water? The other problem that I have is the parking area after the church is closed. I had a business one time and after business hours, people gathered in the parking area, and I'm worried about crime and noise and everything else. So,those are my concerns. Dee Oliver: Are there any questions? Edward Gluckle: Have these concerns, have they been addressed by the church?Just curious. Dee Oliver: We'll get back with those. Item J#D3 Grace Bible Church of Virginia Beach, Inc. Page 5 Edward Gluckle: Okay,thank you. Dee Oliver: Thank you very much. Jan Rucinski: Our first speaker in opposition is George Ingram. Unidentified voice: Can we change Tom to go first? Jan Rucinskl: Sure. Who would that be? Jan Rucinski: Tom Hollowa? Tom Holden: Holden. Jan Rucinski: Yep,there you are. Tom Holden: Hi, how are you? Jan Rucinski: We're good thank you. Tom Holden: My name is Tom Holden, and it is getting late so I won't try to belabor this too much. I'm a resident of Hunt Club Forest, and I come to you in opposition to the application for rezoning of this property at 2285 London Bridge Road. You are going to hear from a lot of residents who live near this project today and they are all united and in opposition to it. We believe that changing the zoning from AG-2 Agriculture to Conditional B-2 will lead to development that is incompatible with the long-term interests of the neighborhood. We believe that because of the proffers included in the application.The application could lead to the development of four L-parcels fronting London Bridge Road with the church at the back. These proffers indicate a desire for businesses, and some are specifically drive- thrus. The populated area that is apparently occupied by pasture, so;creating and maintaining this stable and sustainable neighborhood is difficult. We understand that. We're fortunate that most of the City neighborhood, and actually is pretty stable even though the City housing is the agent. And we also believe that some of the proffers that have been offered in this proposed project have addressed some of the concerns. But some of their core concerns are not addressed,and it is what is drives us today. I don't want to lecture anyone at this podium or the Staff because I'm not an authority on planning at all. I'm not. But in reading the City's Comprehensive Plan, one of the guiding principles for suburban areas is to create great neighborhoods. And this is made reference to this in this planning document. To support those neighborhoods with complementary non-residential uses in such a way that working together with the stability and sustainability of the suburban area is ensured for now an in the future. So an infill development on small vacant parcels within an existing development or on parcels being redeveloped, it should be compatible to the existing development around it. So,designing a project that in scale in proportion to the surrounding community is often a lot more difficult,and simply using a design that fits the site and meets the zoning regulations. Mr. Bourdon made a lot of statements that I in fact, couldn't follow because I am not a zoning expert like he is. There were changes being discussed that I don't know what the heck are.There was a lot of additional language used that seems kind of confusing to me. But the goal here, as I understand it, is respect land use and design and give the impression to those who pass by a project. That has always been part of the original development. Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 6 Now,adding a fast food restaurant or a quick service restaurant,with drive-thrus, in a community that is defined by farms and residential areas does not meet the criteria. I see my light blinking here. To create and maintain great neighborhoods,with an emphasis on residential components must be balanced by emphasis on the commercial component. We get that. Each land use is dependent on the other and accordingly the quality and vitality of one affects the other. They are all related. So, please consider our request. Please deny this application.These communities are willing to work with the owners on the legitimate needs to make their property productive. But please, not this one. Thank you. Dee Oliver: Thank you. Jan Rucinski: Now let's try George Ingram. George Ingram: Okay, since I don't have the benefit of visual presentation. Jan Rucinski: Sir, if you can just state your name for the record? George Ingram: I'm sorry. George Ingram, I'm the president of Pine Ridge Civic League. I would like to hand out some pictures if that is okay,since I don't have a video presentation. So, I can reference those pictures as I go through. As, I said the name is George Ingram, President of Pine Ridge Civic League and I want to voice our concern and our opposition. As you can see by this property, if you can look at this drawing, most of you are probably somewhat familiar with this, it shows this property truly encompassed within a residential area. The rear of it, and I'll wrap around this side to the west side is the Pine Ridge subdivision, and on the east side is White Pine. And across the street,you have residents. Now, all of us that live in that area are confronted with traffic situation on that road every single day. So,were quite versed in what the problems are being faced by everybody traveling that road. Currently it is AG-2, and again, like I said it is residential all around there. We would like to see it kind of stay in that same zone. We are concerned and questioning about them allowing mixing residential areas with business development. Currently there are a mix of amenities that are designed to enhance our community such as sidewalks, bike paths, parks,farms,and those types of things there. So,that does not seem to blend well with commercial development, and the traffic that would be associated with that. Traffic safety. That is the primary concern here. I want to speak to traffic safety. We would like to express our deep concern over traffic safety and how this proposed development would make the impact the ability to drive through the area. Now,all of us now are confronted with the problem of being out of our neighborhood, coming out into a four-lane highway.You have two lanes in each direction obviously, and if we're coming out of the neighborhood and we want to go, let's say to the west out of Pine Ridge,we have to wait for a line of traffic to come through so we can cross over and then once that clears,we have to hope that the traffic coming the other way is not coming through there that is going to block our ability to exit. So it is kind of uncommon on any given one for traffic to be backed up.There are always people trying to get out of their neighborhoods. And, so if this development is permitted down there at the current Fox Ridge Farm, it is going to add to that traffic flow. Currently there is about 1,000 vehicles traveling this road,that is based on Traffic Engineering, and the proposals, as we will probably get close to 4,000 additional vehicles,and that would raise the number of vehicles traveling down that road to about 25,000 vehicles per day.The maximum capacity for that, based on Traffic Engineering is 28,000, so, were approaching that maximum,so that is getting into an area that is not even concerning any other development that may occur if we permit this type of development to occur. It opens up the door if we put 13-2 development here,and it is going to open up Item AD3 Grace Bible Church of Virginia Beach, Inc. Page 7 the door for it to go down the street. Over the years,there have been numerous accidents along that area. There has been any number of accidents. The people hit the trees, and there have been many light poles taken out. So,you know that Traffic Engineering says it is a relatively safe roadway, but there are still a large number of accidents occurring on that roadway. I'll give you some statistics here. From 2014 to 2017, there were at General Booth intersection 74 accidents.At the Tower Bridge that is going into Castleton, 19 accidents,at Mirror Lake going into Lake Placid, 15, Dam Neck 110 and disbursed at every other intersection where a number of accidents occur. The next leading one was at Pine Ridge subdivision,where there were about 19 accident occurred there, so there is a total of 263 accidents occurred in this one mile radius. To me,that seems like a lot. Unfortunately,two of those accidents resulted in fatalities. One of which is directly in front of that planned development. There is a cross in the median. It sits directly in front of that proposed site. So, it kind of makes the question how hazardous is that location? We have an unusual traffic flow there. Because of so many people coming down the road from 1-264,and when they want to get to General Booth Boulevard, so much development in the southern portion of the City, people are merging over to the right lane and that starts beaming before you get to Pine Ridge. So,at any given day,you will see cars backed up along the right lane,and there won't be any one in the left lane. If you look at pictures 2 & 3, it kind of shows you of how this traffic is backed up. If you look at picture 3,all the traffic is in one lane. That occurs way back there because everyone is moving over.So,obviously they are going to be coming over into one lane in front of that proposed development. The other issue is,and let me go back to my drawing here, I think most of you have been out there. It is a significant curve in that roadway. As you progress around from the west end,you come up around here,that is Pine Ridge right here,there is a little bit of bend her, and that is kind of a blind spot,and as you come around, you're working your away around. And, so you put turn lanes in there that is going to affect how people are going to be able to see down the roadway. If you go to picture four that is in front of that proposed property,you're looking down that curved road.That shows you the curve in the road heading east. The next picture is showing the same area from the opposite end of the property looking westward. You can see that curve. The other picture, number 6, shows you in front of the property on the opposite side of that roadway and you can see the curve in that road. So, whenever anyone is traveling a highway and they are coming around a curve,there is some issues about obstructive view. The church currently is planning on building a facility.They call it a campus, 600 people. If you look how they operate at their other facility,they currently have four sessions on Sunday,two Saturday and some on Friday. I'm not sure how many plus having mention earlier, lots of different activities. So,they are going to have a large number of people coming into this facility every day. If they are going to have 600 people and parking for 350 vehicles, and four sessions on one day on Sunday,we're talking 350 vehicles coming in and 350 vehicles going out. You add it four times that is 2,800 vehicles. To make matters worse, if we permit a drive-thru restaurant in front of that facility, which they want to do, or have the option to do,that is going to add to the problem as well. By definition,drive-thru restaurants are designed to create one thing. Traffic. That is how they operate.They want to create a lot of traffic, so the church itself is going to create a lot of traffic,and the new development in front of us is going to create a lot of traffic. I do want to talk about issue of being able to see where you're going. I'll talk quickly about entering and exiting the facilities. If you look at picture 8 that again, is looking down the road in a westerly direction and that traffic will be coming towards General Booth Boulevard. If you can visualize that sidewalk being a turn lane,and you have cars parked where that sidewalk is,you would not be able to see down that roadway because of the curvature. I think this morning the Traffic Engineering said they want to have a turn lane with about 400 and somewhat feet, so; that is a lot of vehicles stacked down there who don't have any visibility to be able to pull out of that facility because your view would be totally blocked. So, people are Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 8 going to be trying to get out of that facility and not be able to see where they are going. That didn't help on a straight road. Now,there are no plans for a traffic signal. And even if a traffic signal is there, if I go back to what was mentioned earlier, most accidents occur at traffic signals. And that is a common occurrence. Now,when people do exit,they got one option to get out,and if they want to go west. They got to come out where the median strip is,and then they can turn left. There is no traffic light and if they got to turn left,they have to cross those lanes of traffic or they may try to go to another exit and go down and make a U-turn when they get around there. As you see here, as they come around here, there is the median opening right here,so if they exit here and they want to come here,there is an opening in the median but there is no turn lane there. They would have to go down to the next one at Hunt Club and make a U-turn. So,a lot of vehicles would obviously be forced to make U-turns. You have so many vehicles coming out at one time. A business normally operates 12 hours,350 vehicles coming over a 12 hour period. That is 25 vehicles per hour. They are going to have 300-350 vehicles exiting that facility at one time, plus the traffic of the businesses. So,for those reasons we are really concerned about our safety and the safety of every traveler on that roadway. So,for that reason,we request that you deny this proposal as it is current presented and not permit rezoning for B-2. Thank you. Dee Oliver: Thank you. Jan Rucinski: Our next speaker is Mark Shyrer Mark Shyrer: Good afternoon. My name is Mark Shyrer. I have been a resident of Virginia Beach since 1987 and I watched our area grow. Our area of the City developed expeditiously. Today I represent subdivision of Mayberry as one of its board members and we ask that you deny the request for rezoning of Fox Ridge Farms from Agriculture to B-2 for the following reasons. As your chairperson pointed out, we have to deal with AICUZ. Okay. With the proximately or area to NAS Oceana, it is a very big concern to us. It is very big concern to us. With the success of our City,we have encroached on Naval Air Station Oceana to the point where that in 2005,the BRAC Commission put the only east coast Master Jet Base fate in the hands of the City of Virginia Beach to prevent further encroachment. I moved to the City because I was stationed at NAS Oceana. Our City thrives in a part due to NAS Oceana with the jobs it provides and the sailors and their families that live there because of where they are stationed. Our schools benefit because of government funds that go into our local schools because of all the children and for military families. The next reason is due in part to light pollution. The amount of light that will be generated from the proposed parking lot will not fit into our farms/subdivision area. The proposed landscape along London Bridge will be inadequate to screen that amount of light. I believe what is proposed is just shrubs along the road front. Okay. Next, as you look at the map, you can see all the subdivisions,they are surrounded on three sides. Across the street is horse pastures. Okay. Your commissioner brought up that Mary Smith bought that farm so her daughter and other children can ride horses. I board two horses across the street from that Fox ridge Farms at Princess Anne Farms. I'm doing what Mary Smith did when she bought it 47 years ago. I want my children to be able to ride. The church and the proposed rezoning of the front parcels are going to put that in jeopardy. A lot of children get a lot of growth training that become better people. They care for horses, being disciplined, having to ride and that may be lost if this goes through. As you can see from the map that the church and this out parcel rezoning isn't going to fit ii our neighborhood. It is like putting as square peg into a round hole. So,for those reasons, we ask you to deny the proposal as written. Yes, this is the parcel right here. Right across the street is Princess Anne Farms where I keep my daughter's horses. I live in Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 9 his subdivision right here. And as you can see,as the previous speaker,this is the kind of a severe S- curve, and coming out of my neighborhood already you can't see because of all the trees right here,and he has similar issues on his side. Dee Oliver: Thank you. Jan Rucinski: Our next speaker is Craig McManus. Craig McManus: Good afternoon. My name is Craig McManus, and I would like to thank you all members of the Planning Commission. As I was working on my speech, I looked up the word "planning", as a synonym for a forethought. A forethought is defined as careful consideration of what would be necessary or what may happen in the future. I'm here to ask that the rezoning of Grace Bible Church for the approximately six acres of frontage property be denied allowing the B-2 zoning of this property has the potential to create a domino effect along this portion of London bridge Road. There are ten parcels with frontage on the London Bridge Road area in a three quarter mile stretch between Strawbridge Road and Prince George Estates. These neighboring properties total over 20 acres that could be developed into B-2 zone real estate if they want. And I believe that the property owners would have to heavily consider the depreciation of value from the current average land assessment of$47,000 per acre to a $250,000 to$300,000 per acre that the Fox Ridge Farm is currently being marketed today. What effect would this growth of commercial property have on the surrounding neighborhoods? The Staff report, quotes the Comprehensive Plan,which uses phrases like "maintaining great neighborhoods", "protecting open spaces", where it likes stability, culture, historical and it speaks of a transportation systems that provides connectivity and mobility. The neighborhoods surrounding the Fox Ridge Farms are well established with a great sense of community and pride in their surrounding area. They are supportive of the nearby commercial districts along the General Booth and Red Mill Corridors that have more than enough resources providing their shopping,dining and entertainment needs. They embrace the cultural history of the agricultural land surrounding them with open fields and pastures. London Bridge Road was designed as a connector between General Booth Boulevard and Dam Neck Road allowing traffic to move freely from one major destination to another. What I may see happen in the future, is more commercial creep taking over a primary residential area that is seems to be doing across our City. Allowing the development of B-2 level businesses along this corridor,goes against the Comprehensive Plan as it will reduce the stability of the area eliminate more of the open space and the surrounding neighborhood and put additional traffic on the road structure in this community. It is for these reasons, that I ask you to deny the application for the rezoning out parcels from AG-2 to B-2. I thank you again for your time and your fore thought. Dee Oliver: Thank you. Jan Rucinski: Our next speaker Walter George. As you come to the podium if you could state your name for the record please? Walter George: My name is Walter George. I live in the White Pines subdivision. The first cul-de-sac right there, my house backs up to London Bridge Road. We're back up pretty much in the corner where they are talking about putting the restaurants at,and I'm guessing they want to put an exit leaving the property. When we leave our property trying to turn left when you're coming out of Country Manor,it is pretty busy road.There are a lot of people driving pretty fast on that road and getting across the Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 10 street. It is already hard enough. We have kids that paly in the cul-de-sac where we live at. And,yet is right there,the middle one (pointing to PowerPoint) right there.That's where we live at. My backdoor of my house is 50-feet from the inside lane heading east. Getting out of the neighborhood is tough. When they did Nimmo Parkway, it has become as a little cut through. And, now there is going to be more traffic coming in and when they leave the church area or whatever is going to be there,they will be turning around in our neighborhood,and our kids play out there on their bikes. That is my biggest concern,and what is it going to do to my property value if they rezone it? We tried to sell the house before,and people come and look at the house and they see the traffic. That is one of the reasons why we couldn't sell the house because when they walk in the backyard you hear cars go by. And if they are going to have more cars going by,what is going to do to my property value, and with rezoning the property? And that's pretty much what I have to say. Dee Oliver:Thank you very much. Walter George:Thank you. Dee Oliver: We appreciate you coming down. Jan Rucinski: Thank you. Our next speaker is Gina Miller. Good afternoon. Please state your name for the record. Gina Miller: Hi, I'm Gina Miller. I live in the Lake Placid subdivision up near Dam Neck Road. Whenever I heard about the plans, it seems like there were lots of questions about volume down our corridor for what the rezoning would cost volume in traffic,volume in water from flooding,volume in trash,volume in noise,volume in light. It seems to be there was a lot of volume of a lot of stuff that didn't really fit the neighborhood that is currently there. Volume of the immediate traffic in and out of the proposed area,at any targeted times, is a huge concern of all the neighbors. Dam Neck Road and London Bridge Road,that light, already backs up several times a day for two or three cycles. So, if you're adding another4,000 cars to that already,that light could back up more. That is the main artery. And in honor of Oceana,so I can imagine that more military will would to leave work and come through that light. That will change the whole light cycle leaving the Oceana Base. As a matter of fact, if you leave Oceana now,three or four cars can get through that light to the one side of Dam Neck but if more military come that side,and then cross,then a higher light cycle timing will need to change,which will further back up Dam Neck Road and London Bridge towards the east. There is a question of the drive- thru restaurant and whether or not there will one of two drive-thru lanes. Many restaurants now have adapted two drive-thru lanes,so more cars can go through the parking lot faster.So, I question whether the volume turning into those areas would back and cause hindrance to see to make them back out later and how many cars will be in the parking lot at a time. Also,their peak times are breakfast, lunch and dinner. Breakfast, lunch and dinner are also are peak times for our buses. So,the schools that are fed off of that corridor will be affected. Breakfast time,of course, is when Kindergarteners leave out. So, breakfast time is whenever schools enter, Lunch time is kindergarteners afternoon is when the children are getting home. That area happens to be fed by many schools. The other question is activities at the church itself. 300 cars in and 300 cars out at any given time for their activities,which do not include and we have not yet considered Christmas and funerals and weddings that could hinder other times other than traditional Fridays and Sundays. London Bridge corridor,the curve is very difficult to see. And I'm asking you not to make it more difficult for our kids and our community and our animals in the Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 11 community by adding high traffic businesses with drive-thrus. I respectfully ask that you deny B-2 Zoning. Dee Oliver:Thank you very much. Gina Miller:Thank you. Jan Rucinski Our next speaker is Blair Hollowell. Todd Hollowell: I'm her husband.She denies.She actually got called into emergency surgery so she is not able to make it. Jan Rucinski:Okay. Thank you. Then I guess Todd you're next. I just wanted you to get a little more exercise there.State your name for the record. Todd Hollowell: My name is Todd Hollowell. I got a couple of photos that my wife did prepare and I she did want me to pass them around for you guys. Back in college,they always talked about public speaking class being nervous or would you rather get eaten by a short of do public speaking? I think I which now I would like to do now. I appreciate the time allowing me to talk. My family and I own the Log Cabin Farm which is actually located at 2274 London Bridge Road. We've been there for just over a year and a half. The farm has been a fixture in the community for about 25 years. Actually if you look where London Bridge is, right there where that parcel right across, it is 6.1 acres. Our farm has the largest 484 foot street frontage on London Bridge Road directly across from the proposed B-2. Mike Inman: There is a pointer right there. Jan Rucinski: It doesn't work. Jeff is in charge of the pointer. There you go. Todd Hollowell: So right next to the 0-2,that is our spot. Jeff Hodgson: Right here? Todd Hollowell:The other side,the larger one. That is Log Cabin Farm. That is 6.1 acres, and like I said, 484-feet street frontage directly across from where the rezoning is looking at for B-2. Our dining room table right there sits 138 feet from London Bridge Road and less than 200 feet from the main entrance that they are proposing to come in to this new proposed commercial property. My wife has purchased a small six-acre farm to bring agriculture into the community and not see this here. We have been voted Strawbridge and Princess Anne Farm community since 2007,as small business people and as property owners. This farm and family community has been home to our family's horses,goats,donkeys, which you have all seen pictures of right now,and other numerous animals for the last ten years,as well as, many other horses as others have stated right up the road,three doors up the road. So my concern today is if these land parcels are rezoned to 13-2 commercial properties,they will be a strong possibility there will be marketed and sold to various fast food establishments with drafty windows that make their business successful and how a few seconds it takes to deliver a customer their order. I know you have already had some concerns about the promoted neighbors about these. I would like to focus my concern on the trash and pollution that will surround 13-2 zoning on these areas. I understand that the church Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 12 will do the best they can to try and sell it to the best people, but unfortunately,once the church sells those parcels,they have no control what those owners does to it and what the patrons do to it. And if trash ends up in the street and blows across the street, my horse is actually pregnant right now and due in next Spring, eats it,what does that happen to my horse and my family? In his mind that the seller could recognize the community support and the need for Grace Bible Church in the community and can come to an agreement that allows Grace Bible Church to continue its mission in Strawbridge Campus without having to rezone to B-2 property. I respectfully ask that you deny the rezoning application presented for the B-2 development. Thank you. Dee Oliver: Thank you. Jan Rucinski: Our next speaker Terri Lavenstein. Terri Lavenstein: Thank you. Jan Rucinski: Please state your name for the record. Terry Lavenstein: My name is Terri Lavenstein and I have laryngitis. I will do my best. Thank you. Madam Secretary,again, my name is Terri Lavenstein. I live and raised my family at 2324 London Bridge Road for nearly 35 years. My farm is directly across the street from Fox Ridge Farm the other side of London Bridge Road. I do not support the current application due to the development on the property across the street for several reasons. One of my concerns of this request is the estimated increase of almost 4000 vehicles per day projected on the site of London Bridge Road. Please note as others have said that many of these fast food restaurants have double drive-thru so even though they are proposing one to two fast food restaurants, remember fast food is fast food.They want you to go in and out fast. The road has not been designed to be this type of work. Double drive-thrus will cause traffic.The proposed has a large curve and I believe the additional traffic will greatly increase the number of accidents. Alost 35 years of residency, I have watched London Bridge Road develop from a two lane road into a four lane heavily traveled suburban corridor. During this time, my neighbors and I saw damage injuries and death due to car accidents in our front yard. For example,this year, I had to replace my mailbox on several occasions, and I had to repair my foot pasture fence, relocate my animals to a safe area due to people running through my fence into my yard. And, not to forget the horrible sight on that one evening of a girl, in her mid-20's, lying dead directly in front of my house in my front yard just past that dangerous blind curve. I am strongly opposed to the B-2 development that the Grace Bible Church is planning because of this traffic increase,and the increase of accidents all on London Bridge Road in front of my house, and where my children drive and many others. As in fast food restaurants now they are going to have double drive thru windows,distracted with their food,their drinks, and their change from ordering and their condiments. That is a 45 MPH connector corridor. Upon many people who eat and drive increase odds of an accident by 80 percent, and it actually is worse than texting while driving. It shows a 60 percent increase in odds of accidents.The National Private Traffic Safety Administration states that you can be driving and it is more dangerous than texting than driving. We're going to need police officers and traffic monitors to help the church in order to exit the property on a regular basis. One of these ingress/egress areas entrance or exits will be directly in front of my property to extend parcel "E". Established trees are there. Those and the one near the wetlands will be destroyed and because of development. My question is if this is approved,what's next? Please consider those points that I raised. In closing, please consider that drivers, their ponies, Item 803 Grace Bible Church of Virginia Beach, Inc. Page 13 rescued cats, dogs and more on our little slice of heaven. For this and many reasons mentioned today, I respectfully request for you to deny Grace Bible Churches rezoning application. Thank you for your time. Dee Oliver: Thank you. Jan Rucinski:Our next speaker is Sally Walters. Good afternoon, if you could please state your name for the record? Sally Walters: Good afternoon. My name is Sally Walters and thank you for hearing me today. I am an owner resident in the Strawbridge neighborhood.We haven't heard from anybody else. I'm representing Strawbridge. I've lived there 23 years. I'm the mother of two. My kids attended Strawgbridge Elementary, PA middle an Kellam High. My son was in a bus accident on a PA Middle school heading home from school one day. It was a collision with a bus and a cement truck. And, I got a call at work in Norfolk telling me about it, and the drive to the crash site. Let me tell you it was absolutely horrific.The things going through my mind,and, I wouldn't wish that on anyone. Kids were hurt. One pretty badly,and my son was on the many kids that had to go to the emergency room and get checked out. Most parents as would be ere able to bring their children home that night. There was one little girl that sustained incredible injuries and was in the hospital for many days. I am grateful there were no fatalities. So, my focus appropriately is on the school buses traveling on London Bridge Road corridor. Together,with this B-2 zoning, I'm opposed to this application going forward. It is a residential community that we live in and such there are scores of buses raveling on London Bridge Road with our children. For nine and half months of the year,four times a day,the volume of these restaurants are very high. You've got to remember you have not only the morning runs and the kindergarten runs, but you have the afternoon runs and you've got the activity buses. So,that's a lot of traffic. We seem to be a unique in that we have a number of schools that also use this corridor.There is one elementary school,Strawbridge,three middle schools,three high schools,and there are academies as well. There are eight high schools and three middle schools with buses going on this corridor. And this is all based on what I drew from the Virginia Beach City Public School website.The information what I received from people at the schools, because I did call around to the schools,and it is a number crunches and I came up with a figure that I think is conservative of a 150 times a school bus would pass along this corridor. You see the school start picking at 5:30, at least the high schools and the academies, and then at around 7:00-8:30 are the elementary schools,8:00 to 9:00 are the middle schools and special needs.There is a 9:30 bus for speech. The kindergartens start having their bus activities from 10:10 to 12:30. Dee Oliver: Ms.Walker, I'm sorry to interrupt. You've run out of time. Sally Walter: Can I summarize please? Dee Oliver: Real quick. There are lots of people waiting to speak. Sally Walter: Okay, 150 buses. Buses cannot dodge cars. They can't stop on a dime. Drivers cut them off all the time. I saw what happened first hand,and I just don't think it is worth it to jeopardize our kids, our precious cargo. The numbers that make our families,and the kids that are going to be our Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 14 future. I respectfully request that you deny the application as it has been submitted. Dee Oliver: Thank you very much. Jan Rucinski: Our next speaker is Robert Goodman. Robert Goodman: My name is Robert Goodman and I live at 2432 London Bridge Road. Madam Chairwoman, and members of the Planning Commission, good afternoon. Dee Oliver: Good afternoon. Robert Goodman: Like I said, my name is Robert Goodman. I live at 2432 London Bridge Road which was the original Princess Anne community. I have been a resident here for over 23 years. Today you have heard from the representatives of the individual communities that surround the applicant's site as well as some of the citizens that live in those communities. They have voiced their concerns for the impact on our communities, if this application, as submitted, is approved. Some of the concerns included the lack of a comprehensive study to evaluate the impact of the potentially significant increase of traffic, 3,700 average daily trips in that area of London Bridge Road adjacent to the site based on the plan and projects use of the site by a church as well as that of the use by the potential businesses on the B-2 properties.The flow of traffic along this stretch of road can show a significant increase of U-turns being made in both directions at the existing median openings. They also expressed concerns that the increased traffic in regards to the safety of the school children of all ages that travel by bus at various times throughout the day,and they expressed concerns about the potential traffic traveling through our neighborhoods to avoid congestion on that road. We all know people take shortcuts. There were also serious concerns that allow the rezoning of parts of the site to 8-2 is deviating from the intent of the Comprehensive Plan that designed the area as suburban. It is felt that the 13-2 commercial rezoning would not enhance the existing neighborhoods to comply equality or attractiveness and would negatively impact the mobility of the citizens that live in these neighborhoods. We are strongly requesting that Planning Commission recommend to the City Council to disapprove the application as submitted by Grace Bible Church. Thanks you for your time and consideration. It has been an honor to be able to address our Planning Commission. Thank you. Dee Oliver: Thank you for coming down. Robert Goodman: You're welcome. Jan Rucinski: Thank you.That was our last speaker. Eddie Bourdon: Thank everyone for coming down. I made a call on Matt Breitenberg to assist in a couple of points that he may want to speak on in rebuttal. It was nice to see Tom Holden. I haven't seen him in quite some time. I look forward to talking to him when we are done today because it is our absolute belief,along with the professional Staff that this does fit given the parameters that we are dealing with. Mr. Ingram,we couldn't agree with Mr. Ingram more. Mr. Ingram said he would like to see this property developed residentially. We would too,and we wouldn't be here if that were possible, but that is not possible. Because of an action the City took to maintain NAS Oceana and our community. That was our belief if that's true. The other gentleman, who spoke after him from, I believe,was it Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 15 Mayberry,talked about the City's desire to maintain Oceana,and this is absolutely,completely consistent with that. That is what we are trying to do. We are not trying to fight City Hall. We are not trying to file a lawsuit saying lets us put houses here where you say we can't because the Navy doesn't want them here. So, we laid it out and you all clearly understand it that the church uses the absolute best possible use for this piece of property and the limited commercial use is just that, limited, and limited use is that due in fact fit from what we are walking into. I would also point that there is existing B-2 zoned property on London Bridge Road to the west of the subject site,two fairly substantial ones, undeveloped. One was cut off when the road realigned and you could pull the map. And you can see it on the one down here. The gentleman who spoke, who spoke last month,who is a leader at Beacon Baptist Church, last month they were okay with B-1A, now they don't want anything in here. We won't get into the fact.They are trying to have their property rezoned commercial and try to buy this piece of property but he suggest they are 10 parcels on London Bridge Road that can be rezoned B-2.That is blatantly untrue. There maybe 10 undeveloped parcels on London Bridge Road, but not that can be zoned B-2 because they either have residential uses restrictions on them that can't be rezoned to anything other than residential or they have Navy restrictions on them that restricted them to industrial use only. There are two B-2 properties that are within 2/10 of a mile east of this piece of property and Mrs.Smith's 20 plus acre farm. I looked at a map and it is not zoned B-2 it could be zoned B-2. It is not developable. There is a lot of reasons why it can't be rezoned B-2 that I can appreciate that he doesn't have an understanding of those things but anyway, so statements were made again that were inadequate by Mr. Ingram .Grace Bible Church does not have any services and will not have any services at this church on any day other than Sunday.They don't have Friday services. They don't have Saturday services.They don't have services at peak rush hour traffic Monday through Friday, morning or evening. On Sunday,they will have people out as most of the larger churches in our community were blessed to have,they will be out there directing traffic when people leave but that is certainly far, far from the peak traffic housed on this road. And this road is,as you heard from Ric Lowman this morning is one of the safest roads in the City,and is well below capacity. And some of the numbers we heard this morning out there, I didn't even follow them all. This is not going to be a 26 acre shopping center,and not it going to be, if approved a 24.8 industrial park with a lot of large vehicles with no restrictions on hours of operation. Because businesses that are industrial do things through the night and those are the only uses on this property. We certainly wish that this property could be developed residential like those that surround it but the best thing for it to be is not industrial park or a 24.6 acre shopping center. Some might think it's a great idea that it be somehow or condemn it to being nothing but a horse farm like that of the Taylor's sister horse farm.They still have part of it that is the largest in this area, and as you all well know,vast majority of that is now industrial park. And there is a lot of industrial lane to be developed to the west of the property on London Bridge Road that is all that can be developed for. The church wants nothing more but then the entrances to be safe that is why we proposed full turn lane for the entrances, a full turn lane, not a short turn lane. We pushed another turn lane there but that is not as safe as doing the full turn lanes and a loop road inside. The individual businesses have no direct access to London Bridge Road. Only the main two entrances where the one will be,which will have a full turn lane,and then we'll have internal circulation, not a bunch of curve cuts along the road. Safe as can possible be, and this is already a very safe road. It is a safer road that will continue to be safe because of the limited nature of what's going to happen. This is all basically be industrial from this point forward that the properties that are not already zoned and this is the one, again,that is a. We realize that we are in the middle of residential but because Mrs.Smith didn't sell out to subdivision people. She is the one now,who is trying to fit that thread through the eye of the needle. This is, we believe, absolutely. Last month it was try to restrict it more. We've done just that. I didn't hear anybody come Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 16 here to day and say anything other than they don't want to see a drive-thru. We had a list of all the things that were not going to do on this piece of property. I didn't hear that. We've heard no drive- thru. Now there is no B-2. There is already B-2 out there and, I-1 would bring bigger larger crowd of people who weren't happy. And,this will not impact their property values. It will be absolutely done safely. And the church will, I think will be the best possible neighbor than,again,somebody wants to condemn the property.And somebody wants to come in and pay what the property is worth for a horse farm,and that is not going to happen. So,the church will make sure that the development and it can't change. As one of the gentleman said, this is proffered. Okay.What goes in there can't change without coming back to this entire process. Maintenance,the church is going to care far more than anybody else about how the properties are maintained.The church can have, and probably will have restrictions of their own on the properties to make sure they are well maintained, because, as I've said, it's their front door. These businesses are not at the entrance to anybody else's neighborhood.The wetlands on the west side are being preserved.The trees in that area are preserved. We can't go in there and take those down. We have a wonderful area of a treed buffer on the property and on the west side of the property. We've got a landscape buffer on the east side which is much larger than is required. We buffered the parking lot.There has been a drainage study done. A preliminary study or we wouldn't be here without it. We'll have large BMPs on the property. They are shown on the plan. We will not be putting water on anybody else's property. The church will have security cameras around the church when they are not there,so they will monitor what goes on the site. We haven't had problems at their other campuses and certainly they are going to be good neighbors.There will be someone in the surrounding community they can contact if there is a problem or if there are people on the property that shouldn't be on the property at times. The church is certainly concerned. It is a nice neighborhood, a nice area. Again, my family owns a very large property on London Bridge Road,and has before any of these residential neighborhoods that were developed. So, I don't think there is a better use that this property can be put too. The thought there is going to be these large fast food restaurants with double drive-thrus, it is not realistic. It is not going to happen. We're talking about small businesses,self- service businesses because they are going to be where they are on General Booth Boulevard,and that is the major highway. And down at Upton and Nimmo. That is the major commercial hub in this part of town. I probably forgot a couple of other things I was going mention but I am sure that Matt can fill you in before I forgot and if there was a question that came up what and what you heard and haven't addressed, I'm happy to do so. Dee Oliver: Eddie, I think was one gentleman was concerned and maybe when I missed it when you said it and it was lighting. Eddie Bourdon: Oh yes. Thank you.Our Zoning Ordinance is very clear and we have also proffered the lighting on the site must be screened and cannot spill over onto anybody else's adjacent property. Strawbridge is an excellent shopping center in that their lighting is very low level and this would have to be similar to that and it is not going to be bright situation,and with the restricted hours that were asked for by the community, by the commission, nothing is going to be going on the site after 11:00 p.m.That is an ordinance requirement and we proffered it as well. The City has complete control over the lighting on the site to make sure it complies with the ordinance. It's true that there are some older shopping centers in the City where that were built before those restrictions came into play that may have a higher level of lighting.We're not going to have that and the church itself doesn't have much lighting at all. They are not there at night fort the most part. Item#03 Grace Bible Church of Virginia Beach, Inc. Page 17 Dee Oliver: Are there any questions? Eddie Bourdon: We got the two changes to the proffers that we will make between her and City Council. Number one with the access and number 2,we'll make it very clear that any drive-thru that should there be one,that it be placed on the property will be behind the building. Dee Oliver: Okay. Jeff. Jeff Hodgson: I've got a question I think you mentioned that you had no intention of not putting McDonald's, Burger King,or Wendy's or anything like that. Eddie Bourdon: Correct. We know we couldn't do that if we wanted too. Jeff Hodgson: My questions is, and I've never seen this happen, and just for curiosity's sake, Proffer 2, can you call out a business by name? You can't? Eddie Bourdon: The commercial real estate can tell you that if were putting a shopping center on this piece of property,you might have some interest but even then,they are not going and they are already out there. We've already got the power center at Red Mill Commons and Strawbridge combined and with the Hickman property coming on line soon, and what Cheryl McClesky has got General Booth and Dam Neck, which already has its amount of retail and all of the big players are already there. That's not what we're trying to get there. We wouldn't succeed if we were. You may have a three different retail spaces in a small building. One of them and it would be a great use in my opinion would be a Krispy Kreme, like we got over on Independence Boulevard, excuse me,on Northampton Boulevard. You don't even know it's there. It's in a little strip shop,something like that. Very high quality, I might add. That's the type of thing that's likely has a shot to happen then but what folks are worried about is not going to go here. It's true we're talking about a commercial real estate.That is not what you're going to get. It's going to be a limited soft retail service type uses, again,that is why I wanted B-2 versus B-1A. We know there is interest from some people for indoor recreation,and more than one type of indoor recreation which is a perfect fit. You can't ride a horse in the winter time. I take that back. Dee Oliver: Mike? Mike Inman: Eddie, I am just trying to figure out how you got to Proffer 3 at the end you have agreed not to permit eating and drinking establishments with drive-thru windows on Parcel E. Why not the other parcels? Eddie Bourdon: We put it on Parcel E along with the restrictions because Parcel E is actually adjacent to residences, even though we're putting a large buffer between this property and the residences. That is the reason why we restricted Parcel E,so they wouldn't have a drive-thru behind the building even being behind the building is going to be next to somebody's house,where on the other parcels.We didn't restrict that because we were concerned about traffic. I understand the concern about traffic but the traffic here is not going to be in anyway be excessive, and it is going to be far better type of traffic because there is going to be more, because most of the traffic is church traffic on Sunday but it is controlled versus if you have industrial use,you got traffic coming all hours do the day, large trucks, having to maneuver out there with the cars,so;the reason why did that is because we didn't want to Item 803 Grace Bible Church of Virginia Beach, Inc. Page 18 have somebody's property back in there part because there are homes over here. That is not the case with the other three.The only on back there is the church. Mike Inman: Not a thorough answer though. Eddie Bourdon: Not thorough? Not logically either? Mike Inman: Make logical about widening it selected Parcel E Eddie Bourdon: Because they are trying to be a good neighbor and trying to do what's best for the people who surround it. Dee Oliver: Is there anybody else? Thank you. Is there any other questions? I guess we'll close this and open it up amongst the Commissioners. Yes sir. Donald Horsley: Can I ask Mr. Lowman a question? Dee Oliver: Yes,that's a good idea. Donald Horsley: Ric, are you pretty set on this 3700 car increase? Ric Lowman: We have general rates that we use for different zoning district. It takes averages of the different uses. It doesn't assume the highest use on every single inch of property but it doesn't assume that it is all going to be. It is an industrial average. Donald Horsley: Is it highly likely that the businesses that end up here will be small in nature and most of the traffic will be drive by traffic that is actually going by anyway and stopped in for some odd reason? Ric Lowman: I think a lot of I will be by drive by traffic. These sites are not very big so you're not going to get and there are not shopping centers where people are going to be coming from all over the place to get to there. A lot of it would be drive by I'm not in marketing but I would think a lot of it would be drive by or passer-by. Donald Horsley: I wouldn't think that this quality of commercial would bring a lot of destination traffic. People would drive to get there. I think half of them would be just by drive by people. Ric Lowman: With fast food, I hate to keep saying because everybody is using them the word drive-thru for fast food but with those type of businesses a lot of those are pass by because you don't go out of your way to go one of these because you're going to pass by one on the way home or wherever you're going as it is. Donald Horsley: If that be the case, it is not highly likely we would have 4,000 cars more per day. Ric Lowman: The 3,700 cars per day, doesn't count for pass by. Item UD3 Grace Bible Church of Virginia Beach, Inc. Page 19 Donald Horsley: Right.Thank you sir. Dee Oliver: Ron. Ronald Ripley: We heard about it. Six major categories before concern, two of which we're traffic and safety. Do you see any reason why this site can't be designed to be safe and why and flow in with the traffic that's there now? Do you see any problem? Do you believe there will be any kind of problem creating a plan that is safe,and that also blends with the traffic? Ric Lowman: I don't. We do have the curve issue,which is something we can overcome by keeping landscaping out of the first, like 30-feet. We can make that work. They have smart engineers that can make that work so we can make the entrances safe.The turn lanes are going to make entry it not the site very safe.There are always issues with people and driver error trying to get across two lanes and then cross two more lanes at an un-signalized intersection but like one of the other speakers spoke, the signal is going to bring other problems. Signal brings crashes to begin with so;that wouldn't be our first ideas to put a signal there Ronald Ripley: Okay. Thank you. Ric Lowman: The turn lanes will mitigate the effects of cars stopping on London Bridge Road to turn in. They will exit the road very smoothly if we do it by Public Works Standards. Ronald Ripley: Thank you. Dee Oliver: I do want to weigh in.When you said the word, if we do them per Public Works standards. That is correct. That's correct Eddie? Eddie Bourdon: That is absolutely. Dee Oliver:That is what we are doing. Ric Lowman: Anything else? Dee Oliver: Yes, Karen? Karen Kwasny: So I think there was two separate issues here that the community is concerned about. One is that,that they are concerned about. I didn't see. I didn't hear any opposition to the church itself so I think we have two separate issues. They are opposed to the rezoning. So, I think we need to take out of our discussion any kind of animosity of opposition to the church on that property. I don't think Mr. Ingram was saying he thought it should stay residential. He said I wanted it to say in the zoning it is with the residential community surrounding it. So, I don't believe he was stating that it should go to residential. I know they understand their AICUZ pretty clear. What I heard the residents saying what they were concerned about and I think it was Gina who said this, I may have names wrong. I tried to write them all down was volume of a variety of kind. It wasn't simply volume of traffic. It was volume of regular traffic,volume of school traffic,volume of parishioners, and volume of potential for 8-2. The lady said that's minimal,volume of U-turns,volume of loss of mobility. There were a lot of things Item#03 Grace Bible Church of Virginia Beach, Inc. Page 20 creating a magnitude of problems for the community that was not just related to the traffic. Ric,said this would be a lot of drive-by. It will also be a lot of drive thru, if we have a drive-thru establishment on that. My sense from the community is that these are two separate issues in their mind. I'm wondering if we could ask, and I know we can ask that we vote on them separately and that we consider the community's concern about the rezoning.They are not opposed to the church on the property,which is the Conditional Use Permit as a separate element.They are in opposition to the rezoning. To me,that is the focus of our discussion. Kay Wilson: Proffer is separate from the Conditional Use Permit.The only thing you get with a Conditional Use Permit is the conditions and other related issues. Eddie Bourdon: May I approach? Dee Oliver: Yes. Eddie Bourdon: The two applications,they go together. One without the other is not going to happen. Mike Inman: I'm torn upon this application as I have been since we heard it last time. And I am still am because I have to say, if you view this property in its environment of maybe a mile radius and you see what's surrounding it,what you see is green. And what you see is houses. And what you see is horse farms,and whatever. I agree that this property owner deserves to have some use if it's reasonable but compatible with what is around it. I think that's what the Comprehensive Plan calls for personally.And, the leeway given by the proffers with the imposed restrictions, it just feels far enough. There are 60 plus uses under B-2 different uses you can make a property either by-right or by Conditional Use. And, I am certain there are other uses that could be found besides eating and drinking establishments with drive-thru windows. Why that can't be excluded, I don't know. That is not my sole issue believe me. I just think it could be crafted better to be more restrictive in terms what could go there. Therefore, I won't be able to support it. Ronald Ripley: I didn't hear whether the church was objectionable either. I didn't think the uses for the church were. But on the other hand, I did hear traffic and safety and I heard that somebody was concerned about losing views and the horse farm,which is not really needed to own the property to have that. But it was fast food and drive-thru. That is what I kept hearing and I keep looking at the site and the site looks to me to be a pretty open site the way it is being proposed to be developed. I think that the restrictions that have been placed on it, probably puts it in a good position to move forward, in my opinion.What else are you going to do with the property? You don't want it industrial? You can't use it residential. What else are you going to do? You don't want a shopping center there. I don't think. And these uses up on front are big parcels, so;they are going to be pretty open uses, and the site itself is going to be more open than typical. So; I'm inclined to support it. Jeff Hodgson: Like you said,are you required to do anything to it? I mean are we obligated to change zoning on this property? Ronald Ripley: You can deny it. Jeff Hodgson: I mean, I understand the economic impact that she didn't sell the property when Item#03 Grace Bible Church of Virginia Beach, Inc. Page 21 everybody else did. So, she didn't reap the financial benefit, but I think we, and all say that about things in our lives. I wish I had done a lot of things in the past and could have made me or saved me a lot of money that I didn't do. I can' be expected to now say, "Hey do me a favor,and let me make my off of whatever situation it may be." So; I'm struggling with that aspects one of my issues. Dee Oliver: Jack. Jack Wall: It does appear thee is not really any opposition to the church. In fact, I am highly encouraged about Grace Bible Church, but my concerns are that it does negatively affect the character of the residential area on London Bridge. And, I think it is kind of in contrast to the recommendations of the Comprehensive Plan for Suburban Area, for creating and maintaining. Dave Redmond: I agree with Mr. Ripley. And, a side from anybody else's thought about someone's intention or missed opportunities or all of that. So far as I can tell is low intensity use as you're going to get on this site. 2/3 thirds of the site would be the church grounds and it would be in use one day a week. So, I don't know how it gets less intensive than that. I'm not one who opposes eating and drinking establishments with drive-thru because this could be some very attractive places like the ice cream parlor I have to take my daughter to when you come home. I don't view those as bad in some way,even then they are restricted so, I don't know if this will be a horse farm forever. I completely agree that a 21 acre industrial park would be significantly more impactful. This is a highly developed as part of the City which you can see from that zoning map with a whole lot of house, and a big commercial operation across the street,this is perhaps a different kind. It is highly restricted. It's as low impact as you can get. I don't know how you make it any less impacted than that. One day a week, 2/3 thirds of the site,a host of restrictions on there,and Mr. Inman, I understand your concern but it is rare that you see a list of or an applicant has struck as many uses from what you might be able to do. They proffered to as many restrictions on themselves in terms of uses that it strikes me just as restrictive as one can still make it, and it is opposition to the church because these are indivisible. You just can't take a plan and pick out a part here and there.That's a whole application. It can't make it work without those. I don't know what their finances look like but that's how these things work, so if you vote against it, you're voting against the church. It is just that simple. It's up or down. Dee Oliver: Mike. Mike Inman: The light you see is Grace Bible Church being on that site, I think the community would be delight Grace Bible Church on that site but I think there are other ways they can be on that site without having the impact whether its cutting it down to commercial sites or whatever.Commercial, is just really not fitting into that community. I think it is not consistent with the Comprehensive Plan, in my opinion. Obviously there is a difference of opinion with the Staff. That is the way I read very much the way Mr. Holden read it. He is quoting from it. Dee Oliver: Is there anyone else? Karen Kwasny: I would like to make a motion. I wholeheartedly agree what Mike's comment about the Comprehensive Plan and Mr. Holden's comment in relation to it. I don't think this is compatible with what the shape of the area at the present time,and I don't believe it is what the Comprehensive Plan calls for that area. I also think that we aren't a body that is making a decision on this. We're Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 22 recommending a decision and so between now and then, the church is claiming to want to be a good neighbor to this community and work with this community, and the one thing that is the most bothersome to the community,the church is holding a strong arm. And also making the promise to the community that they made a good decision about who would go in there, and frankly the market will dictate that. If they can't sell those parcels in any other way,than to a fast food establishment that would be glaringly inappropriate for that area that will be what is sold to, so they can make the money they need fort this parcel. That's logical in my mind. So,for this to be a good fit for the church and the community, it seems to me that there is time between now and city Council, if when I make my motion, we recommend denial, then between now and then it is possible for them to really rethink this thing that really bothers the community,which is this commercial development on that property. The rezoning of those parcels to commercial is what bothers the community, and that needs to be something that the church take into consideration to be a good neighbor. Having said that, I would like to make a motion, because we have to deny the entire application, as Mr. Bourdon directed us, I would like to make a motion to recommend denial. Jan Rucinski: I'll second that. Dee Oliver: A second by Jan Ed Weeden: To deny the application. Dee Oliver: Yes. AYE7 NAY3 ABSO ABSENT I HODGSON AYE HORSLEY NAY INMAN AYE KWASNY AYE OLIVER AYE REDMOND NAY RIPLEY NAY RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE Ed Weeden: By a vote of 7-3, the Commission has denied the application of Grace Bible Church of Virginia Beach, Inc. Eddie Bourdon: Thank you all. Dee Oliver: Thank you all so much for coming down. Is there any other business? If not,this meeting of the Planning Commission is adjourned. Lip �jr \, CITY OF VIRGINIA BEACH . '.'x .. z.,' INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9823 DATE: September 26, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson-j"p- DEPT: City Attorney RE: Conditional Zoning Application; Grace Bible Church of Virginia Beach, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 3, 2017. I have reviewed the subject proffer agreement, dated May 28, 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 GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC., a Virginia Non-Stock Corporation MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST U/A DTD SEPTEMBER 26, 2008 TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of May, 2017,by and between GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC., a Virginia Non-Stock Corporation, party of the first part, Grantor; MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST U/A DTD SEPTEMBER 26, 2008, party of the second party, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of two (2)pieces or portions of a tract of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 6.3 acres, which are more particularly described as "PARCELS 'B' & 'C"' and "PARCELS'D'&'E"'in Exhibit"A"attached hereto and incorporated herein by this reference. Said parcels are herein referred to as the"Property"; and WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional B-2 Community Business District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize GPIN: PARTS OF 2405-7o-2584-000o Prepared By: It, Edward Bourdon,Jr., Esquire VSB#22160 Sykes, Bourdon,Ahern ffi Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit,or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. When the Properties are developed, they shall be divided and have vehicular ingress and egress substantially as shown on the exhibit entitled, "CONDITIONAL REZONING EXHIBIT", "GRACE BIBLE CHURCH LONDON BRIDGE CAMPUS 2285 LONDON BRIDGE ROAD GPIN 2405-70-2584-0000 DISTRICT #7 — PRINCESS ANNE VIRGINIA BEACH", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Conceptual Layout"). 2. The businesses/uses which are permitted upon PARCELS "B", "C" and "D" as depicted on the Conceptual Layout are those which are both allowable in the B-2 Commercial Zoning District and designated as "Compatible(Y)" in the tables contained in §1804(b)of the Grantee's Zoning Ordinance for the 70-75 db DNL "NOISE ZONE" in which the Property is currently deemed to be situated, except the following uses which shall not be permitted: (a) Boat Sales; (b) Any type of Bulk Storage yard; 2 (c) Commercial parking lots, commercial parking garages, and storage garages which include car wash, car rental or car detailing services therein; (d) Heliports and helistops; (e) Mobile home sales; (f) Motor vehicle sales and rentals; (g) Satellite wagering facilities; (h) Grocery stores, carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; (i) Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; (j) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (k) Automobile repair garages and small engine repair establishments; (1) Automobile service stations; (m) Bars or nightclubs; (n) Borrow pits; (o) Craft breweries; (p) Craft distilleries; (q) Recreational and amusement facilities of an outdoor nature (r) Tattoo establishments; (s) Mini-warehouse/Self-storage; and (t) No more than a total of two(2)eating and drinking establishments with drive through windows shall be permitted to operate on all of Parcels B, C and D at any time. 3. The businesses/uses which are permitted upon PARCEL"E"as depicted on the Conceptual Layout are those which are both allowable in the B-2 Commercial Zoning District and designated as "Compatible (Y)" in the tables contained in §1804(b) of the Grantee's Zoning Ordinance for the 70-75 db DNL "NOISE ZONE" in which the Property is currently deemed to be situated, except the following uses which shall not be permitted: (a) Boat Sales; (b) Any type of Bulk Storage yard; (c) Commercial parking lots, commercial parking garages, and storage garages which include car wash, car rental or car detailing services therein; (d) Heliports and helistops; (e) Mobile home sales; (f) Motor vehicle sales and rentals; (g) Satellite wagering facilities; (h) Grocery stores, carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; (i) Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; 3 (j) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (k) Automobile repair garages and small engine repair establishments; (I) Automobile service stations; (m) Bars or nightclubs; (n) Borrow pits; (o) Car wash facilities; (p) Craft breweries; (q) Craft distilleries; (r) Recreational and amusement facilities of an outdoor nature (s) Tattoo establishments; (t) Mini-warehouse/Self-storage; and (u) Eating and drinking establishments with drive through windows. 4. When the Properties are developed,the businesses and/or offices thereon shall only be permitted to be open between the hours of 6:0o AM and 11:00 PM each day. 5. When the Properties are developed a unified street frontage Landscape Plan for all four (4) Parcels shall be installed along London Bridge Road, substantially in conformance with that "ZONING EXHIBIT — LANDSCAPE PLAN FOR GRACE BIBLE CHURCH",dated 04/28/2017, prepared by American Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Plan"). 6. When the Properties are developed, the freestanding signage to be located on each of the four (4) parcels depicted on the Conceptual Layout shall be monument style with a maximum height of eight feet(8')and constructed with materials and colors similar to those used on the exterior of the primary structure located on that Parcel, and shall otherwise comply with the provisions contained in the Grantee's Comprehensive Zoning Ordinance (C.Z.O.). 7. When the Properties are developed, in addition to any mandatory design standards which may be applicable to development of the four(4) parcels,as contained in the C.Z.O., Grantor shall also adhere to the following "optional" provisions of Article II, Subsection D of the C.Z.O. as slightly modified herein: (a) Building facades visible from London Bridge Road and greater than one hundred fifty feet (150') in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three feet(3') [Section 245(a)(1)]; (b) Building fronts and sides of buildings oriented toward London Bridge Road shall incorporate features such as arcades, display windows,entry areas,false windows, awnings and similar features adding visual interest [Section 245(a)(2)]; 4 (c) Facades not visible from a public street or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades [Section 245(a)(4)]; (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations [Section 245(b)(1)—as modified]; (e) Exterior building materials for all portions of a building shall be of high quality and should exceed the minimum level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials (except for roofs, doors, windows, eaves, and other ornamental features) will include any combination of brick, brick veneer, wood, stone, glass, or tinted and textured concrete masonry [Section 245(c)(1) — as modified]; (0 Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality [Section 245(c)(2)]; (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances, which shall incorporate two (2) or more of the following features: (i) Canopies or porticos; (ii) Overhangs; (iii) Recesses or projections; (iv) Arcades; (v) Raised corniced parapets over entranceways; (vi) Peaked roof forms; (vii) Arches; (viii) Outdoor patios; (ix) Display windows; (x) Architectural details such as tile work or moldings integrated into the building structure and design; or (xi) Integral landscaped areas or places for sitting [Section 245(d)]. (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants having good screening characteristics. Shrubs shall be at least three feet (3') high, and trees shall be at least six feet (6') high, at planting. Plants shall be spaced as directed by the City's landscaping,screening and buffering specifications and standards, be maintained at all times in good condition and shall not be trimmed to a height lower than the mechanical equipment they screen [Section 245(e)(3o)]; and 5 (i) Outdoor lighting fixtures shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Parcels shall overlap, creating an even level of illumination throughout the parking area [Section 245(00) — as modified)]. 8. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 6 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (q) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. 7 WITNESS the following signature and seal: Grantor: Grace Bible Church of Virginia Beach, Inc., a Virginia Non-Stock corporation By: (SEAL) Matthew Breitenber,, -.t r STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1s1 day of May, 2017, by Matthew Breitenberg, Director of Grace Bible Church of Virginia Beach, Inc., a Virginia Non-Stock corporation, Grantor. z2 h)//4 Notary'Publ9 e� � My Commission Expires: August 31, 2018 ••• A• h Notary Registration Number: 192628 P oonmokslifcb E1/44.7% � 5 WITNESS the following signature and seal: Grantor: The Mary H. Smith Revocable Trust U/A Dtd September 26, 21208 ,/ By: -67-.�""`n (SEAL) 4C?7 H. Smith,Trustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Z`X day of P'-P(‘; ` , 2017, Mary H. Smith, Trustee of The Mary H. Smith Revocable Trust U/A DTD September •262008, Grantor. n Nota Public My Commission Expires: 33-51-(9 "',,,,,,,"'•• ' OSS Notary Registration Number: 1227 95lo5 :` •• ••• b/•i :2 :K k moi? : z :a 440. <' p :LL : Z oci ri> .j?c 00MMON' n..ion' 6 EXHIBIT "A" PARCEL I: That certain tract, piece or parcel of land lying and being in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 3 acres and fronting 487 linear feet along the southern right of way line of London Bridge Road,being designated "PARCEL B, 1.5 ACRES" and "PARCEL C, 1.5 ACRES" as depicted on that "CONDITIONAL REZONING EXHIBIT" labeled "GRACE BIBLE CHURCH LONDON BRIDGE CAMPUS 2285 LONDON BRIDGE ROAD, GPIN 2405-70-2584-0000 DISTRICT #7 — PRINCESS ANNE VIRGINIA BEACH", dated 04/28/2017 and prepared by American Engineering. PART OF GPIN: 2405-70-2584-0000 PARCEL II: That certain tract, piece or parcel of land lying and being in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 3.3 acres and fronting 630.8 linear feet along the southern right of way line of London Bridge Road,being designated"PARCEL D, 1.6 ACRES" and 'PARCEL E, 1.7 ACRES" as depicted on that "CONDITIONAL REZONING EXHIBIT" labeled "GRACE BIBLE CHURCH LONDON BRIDGE CAMPUS 2285 LONDON BRIDGE ROAD, GPIN 2405-70-2584-0000 DISTRICT #7 — PRINCESS ANNE VIRGINIA BEACH",dated 04/28/2017 and prepared by American Engineering. PART OF GPIN: 2405-70-2584-0000 H:AAMVConditional Rezoning AGrace Bible Church\London Bridge Road\Proffer Agreement.doc 7 r J. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE OF APPEALS GREEN RIBBON COMMITTEE HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION K. UNFINISHED BUSINESS L. NEW BUSINESS M. 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(757)3135-4303 **********************c* CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATG09/19/2017 PAGE: 1 D A AGENDA V ITEM p SUBJECT MOTION VOTE A E H E W B N E 1 S U 1 B PDNORMS II LW O 0 Y I. N A 0 0 R S 0 T R EEENSM I 00 T '1 R VS ES SNND 1. CITY COUNCIL'S BRIEFING I. DEVELOPMENT AUTHORITY- Dorothy Wood,Chair Annual Report II. CITY MANAGER'S BRIEFING. Andrew FriNman- Housing/Neighbor- I. HOMELESSNESS-Strategic Plan hood Preservation 2- OCEANFRONT FORM-BASED CODE Ashby Moss - Strategic Growth Area Office Kathy Warren- LYNNHAVEN CORRIDOR Strategic Growth Area 3. Office CI I V HALL 2020 low Nicholas, 4_ Facilities Engineer- Public Works IIVIVNN CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y V Y Y V Y Y V A Y INTI SESSION A-E FIG MINUTES: APPROVED 10-0 y Y Y Y Y Y Y Y V A Y September IS,2017 H. MAYOR'S PRESENTATIONS I- a_ Edwin Brown.Vice Chair- Daniel Boothe. Symphonicity Conductor- Symphonicity b- Bishop Rudolph B.Lewis,DO- Resolution PUBLIC COMMENT One Speaker 2018 Legislative Agenda CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/192017 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H E W B N E I S U 1 B P DNORMSH LW O 0 Y LN A 0 0 R SO T R E EENSM I 00 T T R YS ES SNN D J. I. Resolution re removal of a barrier to City /wen ),BY 10-0 Y V V Y Y TY Y V A Y contracting/AUTHORIZE City Manager CONSENT to remove Prequalification Requirements for non-transportation construction contracts baween$100,000- 300,000 2 Resolution to SUPPORT 810-Million in ADOPTED,BV 10-0 V V Y Y V TY Y Y A V VDOT Revenue Sharing funds CONSENT 3. Resolution to SUPPORT transitioning the ADOPTED,BY 9-0 Y Y Y VT V A Y Y A Y remaining F/A-lB aircraft to Naval Air CONSENT B Station Oceana T A N F D 4. Ordinance to AUTHORIZE acquisition ADOPTED,BY 10-0 Y Y V V Y Y V Y V A Y of 505 Rodney lane from BRADLEY/ CONSENT CASAUNDRA TERRY/AUTHORIZE City Manager to execute all related documents re a new pump station DISTRICT 2—KEMPSVILLE 5. Ordinances to ADOPTED,BY 100 TY Y Y V Y V Y V A V ACCEPT/APPROPRIATE/ CONSENT TRANSFER: a. 8354,598 from Va Juvenile Justice for addition of positions in the Juvenile Detention Center to re Prison Rape Elimination Act of 2003 b. $67,750 from Va Criminal Justice ADOPTED,BY 0-0 TYE Y V TY Y V A Y Services to Police re Internet CONSENT Crimes Against Children c. ALLOCATE$2,000,000 in Surplus ADOPTED,BY 100 V TETT Y YY V A V Urban Formula Funds to Centerville CONSENT Turnpike Phase II/TRANSFER local funds of$2,000,000 to the Sandbridge Road—Nimmo Parkway Phase VITA Project d. $62,466 from the Va DMV to Police ADOPTED,BY 100 TYE Y V V Y TY A Y with a kcal match re DUI CONSENT Enforcement CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:09/192017 PAGE 3 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E I S Il 1 B PDNOKMSHLW O O Y I. N AO OR SO TR EEENSM I O O T TR V S B I S S N I N D A 552,000 from the Va DMV to Police with a local match re Click-II-Or- ADOPTED,BY 10-01( VS' YY V Y V Y A Y Ticket campaign CONSENT f S995,000 from Commonwealth ADOPTED,BY 10-0Y Y V Y Y Y Y Y Y A Y Transportation Board to Public CONSENT Works re roadway paving/maintenance roads identified in the EY 17-1S Paving Plan K. 1. PRINCESS ANNE ESTATE TRUST APPROVED/ I0-0 YY Y Y Y Y Y Y VA Y /VIRGINIA BEACH FINANCIAL. CONDITIONED,BY CENTER,INC.for Closure of a portion CONSENT of Lord Dunmore Drive,at Princess Anne Road relocated Lord Dunmore Drive DISTRICT 2-KEMPSVILLE 2. IPA ENTERPRISES,LIC/HIGINIO APPROVED/ 10-0 Y Y Y Y YVY Y Y A V R.JIMENEZ CUP rea Home CONDITIONED,BY Occupation-firearm sales at 929 CONSENT Boughton Way DISTRICT 3-ROSE HALL 3. SXCW PROPERTIES II,LLC and DEFERRED 10-0 Y Y Y YY Y YVY A Y FULTON BANK,N.A.CUP re a car INDEFINITELY,BY wash/service station at 3264 Holland CONSENT Road DISTRICT 3-ROSE HAI./. 4. ISHWAR,LLC for aCUP re motor APPROVED/ 10-0 Y Y V V V V V Y Y A Y vehicle rental at 5924 Indian River Road CONDITION ED,BY DISTRICT I-CENTERVILLE CONSENT 5. EDDRICK COREY/VALERIE APPROVED, 100 Y Y Y V V V Y Y V A V CASON,ET AL COZ from AG-2 to R- BY CONSENT 10 at Seaboard Road/Nimmo Parkway DISTRICT 7-PRINCESS ANNE 6. Ordinances to AMEND COL ADOPTED,BY 10-0 V Y Y V V Y Y Y V A Y CONSENT a. Sec 201 re Fences or Walls h Sec 1005 re signs in Industrial • Zoning Districts CITY OF VIRGINIA REACH SUMMARY OF COUNCIL ACTIONS DA I U09/192017 PAGE: 4 D A AGENDA V ITEM SUBJECT MOTION VOTE A E H E W B N E 1 S U 1 B P DM O K M S III W O O Y LNAOOR S 0 T R F EENSM I 00 T TR V S ES SNND APPOINTMENTS: RESCHEDULED B VCONS ENSU S AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMHT EE(MEDAC) PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION STORM W ATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION PARKS and RECREATION Appointed.2Yr. 10-0 YYVVYYVYY A Y COMMISSION Tenn 9/19/17- 6/30/19 Nandi Perry, I.andstown High School Junior Reappointed 3 Yr. Term 9/1/17- 8/31/20 Joan Davis, Princess Anne PUBLIC LIBRARY BOARD Appointed:2 Yr. 1080 Y V V YYY Y1( Y A Y Tenn 9/19/17 6/30119 Christine Underwood,First Colonial High School Junior COMMUNITY ORGANIZATION Appointed:3 Yr. 111-0 V V Y Y Y V Y Y V A V GRANT REVIEW AND ALLOCATION Tenn 9/19/17- COMMITTEE (COG) 8/3120 Heidi A.Kulberg, MD-Health Department Cheryl Savage, Library Board CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE 09(19(201) PAGE 5 D A AGENDA V ITEM# SUBJECT MOTION VOTE A L H E W B N E J S U 1 R P D N O K MS HLW O 0 Y I. N A O 0 R S 0 IR E EENSM 100 T IR YS ES SNND SOUTHEASTERN PUBLIC SERVICE Nominated for '0.0 Y Y Y Y Y Y Y Y V A Y AUTHORITY-SPSA Appointment Cindy Curtis Phil Davenport William Sorrentino Recommended for Reappointment by the Governor-4 Yr. Tenn 3/1/18-2/28/22 William Sorrentino TRANSPORTATION DISTRICT Reappointed 2 Yr '0-0 YY V V Y V V V Y A V COMMISSION OF HAMPTON ROADS Tenn 10/1/10- 9/30/19 Brian Solis,SGA VIRGINIAMUNICIPAI.LEAGUE- Rosemary Wilson- 100 Y V Y Y Y Y V V V A Y 2019 Annual Conference Voting Delegate Appointed: Shannon OS Kane- Alternate Voting Delegate Robert Matthias- Staff Assistant MM/O ADJOURNMENT 621 PM