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HomeMy WebLinkAbout05-15-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL oxtvi^Bic MAYOR LOUIS R.JONES,Bayside-District 4 S4 6 L VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 K ' vef'T JESSICA P.ABBOTT,Kempsville-District 2 2 M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District 1 U BARBARA M HENLEY,Princess Anne-District 7 s.1 , SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS May 15, 2018 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES y MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 4:00 PM A. BID OPENING—PROPOSED PIER PROJECT Mayor Louis R. Jones B. PRINCESS ANNE/TCC HOTEL UPDATE Warren Harris, Director—Economic Development C. FY2018-19 RESOURCE MANAGEMENT PLAN (Budget) Council Discussion II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Hank Brooks Pastor, Coastal Community 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 May 1, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. MENTAL HEALTH MONTH Dannette Smith, Director—Human Services I. READING OF BIDS 1. LEASE OF CITY PROPERTY Proposed Pier Project J. PUBLIC HEARINGS 1. PURCHASE AGREEMENT FOR ACQUISITION OF ARP 4021 Charity Neck Road Gum Bridge Road 2. LICENSE OF CITY PROPERTY Adjacent to 31 Ocean, 241 Laskin Road 3. SALE OF EXCESS CITY PROPERTY 1888 Virginia Beach Boulevard and Adjacent Lot K. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation(ARP) easements from Chaplain Charity Neck Farm, LC at: a. 4021 Charity Neck Road b. Gum Bridge Road 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a License Agreement with Starbucks Corporation for the use of fifty(50) square feet of City Property re outdoor seating area adjacent to 31 Ocean, 241 Laskin Road 3. Ordinance to DECLARE the property located at 1888 Virginia Beach Blvd and adjoining lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to Jones at 1888, LLC 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Harbor Canal located at 2336 Spindrift Road re maintain existing dock/construct boat lift 5. Ordinance to AMEND the Adopted FY2017-18 Capital Improvement Program (CIP)project description and scope for Lake Management II, SW Infrastructure Rehabilitations & Improvements II, and Primary System Infrastructure Improvements II and AUTHORIZE the acquisition of necessary property and easements 6. Ordinance to APPROPRIATE: a. $169,490 in additional Aid to Localities (ATL) funding and TRANSFER $255,977 in Aid to Localities funding re Fire Department b. $700,00 to the Virginia Beach Development Authority(VBDA) re Commonwealth Opportunity Fund Award 7. Ordinance to ADD Section 5-311 to the City Code re pets shops that sell dogs (Requested by Councilmember Davenport) L. RECONCILED PROPOSAL—FY2018-19 RESOURCE MANAGEMENT PLAN SUBPART 1 —ORDINANCES TO SUPPORT THE OPERATING BUDGET: 1. Ordinance to APPROPRIATE $2,009,080,703 for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019, re operations 2. Ordinance to ESTABLISH the Tax Levy on Real Estate for Fiscal Year 2019 3. Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2019 4. Ordinance to DECLARE as SURPLUS $8-Million of funding within the Sandbridge Tax Increment Financing District re FY2017-18 Operating Budget 5. Resolution to AUTHORIZE the 2019 Employee and Retiree Health Insurance Plans 6. Ordinance to AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 7. Ordinance to AMEND City Code Sections 35-64 and 35-67 re exemption or deferral of Real Estate Taxes for Elderly or Disabled Persons 8. Ordinance to AMEND City Code Section 35-159 to EXTEND the Sunset of the Flat Room Rate and REMOVE the Sunset of 0.5%re Tax on Transients Obtaining Lodging 9. Ordinance to further DESCRIBE the uses of the Agriculture Reserve Program (ARP) Special Revenue Fund 10. Ordinance to AMEND City Code Section 8-31 re Building Permits and Plan Review Fees 11. Ordinance to AMEND City Code Sections 6-138 and 6-152.5 re Waterfront Construction and Dredging Fees 12. Ordinance to AMEND Floodplain Ordinance Section 6.3 of Appendix K re Variance Fee 13. Ordinance to AMEND Chesapeake Bay Preservation Area(CBPA) Ordinance Section 110 of Appendix F re Variance Fee 14. Ordinance to AMEND the City Code Section 2-83 re Flexible Holidays 15. Ordinance to AMEND the City Code Section 2-83 re Designate Christmas Eve a City Holiday 16. Ordinance to AMEND the City Code Section 32.5-2 re Equivalent Residential Unit (ERU) Fee SUBPART 2—ORDINANCES TO SUPPORT THE CAPITAL BUDGET: 1. Ordinance to ADOPT the FY 2019/FY 2024 Capital Improvement Program(CIP) and APPROPRIATE $394,745,267 for the FY 2019 Capital Budget, subject to funds being provided from various sources set forth herein 2. Ordinance to AUTHORIZE the Issuance of General Obligation Public Improvement Bonds in the maximum amount of$72,208,245 re various public facilities and general improvements 3. Ordinance to AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds in the maximum amount of$30,077,004 4. Ordinance to REALIGN Revenues of the Roadways Capital Improvement Projects (CIP) from various sources set forth herein SUBPART 3—ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET: 1. Ordinance to AMEND City Zoning Ordinance(CZO) Section 107 re fees for Rezoning, Conditional Rezoning, and Modification to a Conditional Rezoning 2. Ordinance to AMEND City Zoning Ordinance (CZO) Section 106 re fee for an Appeal to the Board of Zoning Appeals for Residential and Commercial Properties 3. Ordinance to AMEND City Zoning Ordinance (CZO) Section 107.1 re fees for Alternative Compliance in certain Districts 4. Ordinance to AMEND City Zoning Ordinance(CZO) Section 221 re fees for Conditional Use Permits and Modifications to Conditional Use Permits 5. Ordinance to AMEND City Zoning Ordinance (CZO) Section 105 re fee for the Enlargement, Extension or Conversion of a Nonconforming Use 6. Ordinance to AMEND Section 8.3 of Appendix B Subdivision Regulations re fee for Subdivision Variance 7. Ordinance to AMEND City Code Section 33-111 re fee for Vacation of a Street or Alley 8. Ordinance to AMEND City Zoning Ordinance(CZO) Section 1403 re fees for Wetlands Permits and Deferrals 9. Ordinance to AMEND City Zoning Ordinance(CZO) Section 1603 re fees for Coastal Primary Sand Dune Permits, Sand Management Permits and Deferrals M. PLANNING 1. ZALDY VIAR& JAMES PAUL VIAR for Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1225 General Street DISTRICT 2 —KEMPSVILLE RECOMMENDATIONS: APPROVAL 2. TWENTY-THIRD FUN PARKING, LLC for Special Exception for Alternative Compliance to the Ocean Front Resort District Form-Based Code re commercial parking lot at the Northwest Corner of 23rd Street and Pacific Avenue DISTRICT 6—BEACH RECOMMENDATIONS: APPROVAL 3. WILLIS FAMILY PARTNERSHIP for a Change of Nonconformity re reduction of ten (10) legally nonconforming units at 318 & 320 34th Street DISTRICT 6—BEACH RECOMMENDATIONS: APPROVAL 4. WAVES MOTEL, INC. for a Conditional Use Permit re commercial parking lot at 1312 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATIONS: APPROVAL 5. JONES AT 1888, LLC & CITY OF VIRGINIA BEACH for a Conditional Use Permit re bulk storage yard at 1888 Virginia Beach Blvd and adjacent parcel DISTRICT 6—BEACH RECOMMENDATIONS: APPROVAL N. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM EASTERN VIRGINIA MEDICAL SCHOOL GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE SOCIAL SERVICES BOARD STORMWATER APPEALS BOARD TIDEWATER COMMUNITY COLLEGE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRIST COMMISSION OF HAMPTON ROADS WATER TASK FORCE O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 05/10/2018 pm MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. BID OPENING—PROPOSED PIER PROJECT Mayor Louis R. Jones B. PRINCESS ANNE/TCC HOTEL UPDATE Warren Harris, Director—Economic Development C. FY2018-19 RESOURCE MANAGEMENT PLAN (Budget) Council Discussion II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Hank Brooks Pastor, Coastal Community 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 May 1, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. MENTAL HEALTH MONTH Dannette Smith, Director—Human Services �`14�$mac S 2 soy ar 9,9k,." OUR 0106„,S Is; ractamatton Whereas Mental health is essential to everyone's overall-hearth andweQ=being,•and Whereas AlTAmericans experience times of dufty and stress in their lives;and Whereas:erear cprevention is an effective way to invest in mental health wellness;and 'Whereas: There is a strong body of research that supports specific tools that all-Americans can use to better handle challenges and protect their hearth and well-being;and 'Whereas: Mental hearth conditions are rear and prevafent in our nation;and Whereas With early and effective treatment, those individuals with mental health conditions can recover and leadfulI'productive fiver and Whereas: Each business,school;government agency, healthcare provider,organization and citizen has a responsibility to promote mental wellness and support prevention efforts;and Whereas: A newly formed Virginia Beach Yenta(JfeafthAwareness Coalition has adopted theme, "Cerebrate Your Menta(Wealth”and encourages all citizens to embrace mental health as part of total-well-being Now'Therefore,I,Louis R,Jones,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: %Kay 2018 %Kenta(Hlealth Month In Virginia Beach.,andfurthermore call upon the citizens,government agencies,public and private institutions, businesses and schools in'Virginia Beach to recommit our community to increasing awareness and understanding of mental-hearth,the steps our citizens can take to protect their mentaf hearth,and the needfor appropriate and accessible services. I further proclaim: May 14, 2018 %Kenta(Health Awareness Day In Virginia Beach and encourage all citizens to celebrate their mentalzvealth by wearing green for mental health awareness andparticipating in healthy activities. In testimony whereof I,have hereunto set my hand and caused the OfficiafSearof the City of Virginia Beach, Virginia, to be affixed this first day ofMay,Two Thousand Eighteen. Louis R Iiciotit, r'• Mayor I. READING OF BIDS 1. LEASE OF CITY PROPERTY Proposed Pier Project U ,T-'-' :----'-',-:' se��' + !C (J jli i i. PUBLIC NOTICE Bids for Lease of City Property Notice is hereby given that bids shall be received for the lease of City- owned property located on the sandy beach. The City proposes to lease an area approximately 250 feet wide(north/south)extending from the eastern edge of the boardwalk to the eastern boundary of City-owned property in the Atlantic Ocean. The City will accept bids for any parcel of the specified size on the sandy beach between 5,"and 40°"Streets at the Oceanfront. The term of the proposed lease will not exceed 40 years. Said parcel shall be used for the construction of a new concrete pier. The City is pursuing the construction of a pier as part of the bidder's larger development that will create a new destination at the City's resort and provide new amenities for tourists and residents of the City. Bidders may make proposals either as a direct tenant or may propose a structure in which the City of Virginia Beach Development Authority (VBDA)is the tenant and the bidder is a sub-tenant.For information about the VBDA's participation, contact Warren Harris, Economic Development director,(757)385-6464. The important elements that will be considered by the City in evaluating the bids include: • A connection from the new pier to Atlantic Avenue, coordinated with adjacent landowners, sufficient to allow pedestrian access from Atlantic Avenue, across the boardwalk and onto the new pier. • A new pier of at least 880 feet in length(measured from the boardwalk) designed to accommodate fishing and pedestrian use. The City will consider paying up to$21.5 million for the pier structure. • At a minimum, the City expects private development of entertainment, restaurants and retail amenities as part of the overall project sufficient to justify the public investment. • A plan to operate the new pier in a manner to provide free public access to the end of the pier and fishing from the pier for a fee. • New parking spaces within three(3)blocks of the new pier sufficient for the uses on the new pier and any associated development proposed. The City will consider paying up to $3.5 million for the construction of public parking, in addition to that provided by developer. • The City will consider a request for TDFP("Gap")financing. • The City expects associated private development adjacent to the new pier sufficient to maximize the return on and justify the public investment.Favorable consideration will be given to proposals demonstrating a return on the City's investment within eight years. ` 9 11 • The ability of the bidder and its team to successfully deliver I l�A1� on the elements of its proposal. Past development V ' experience will be favorably considered. The City will conduct an informational session on Friday,April 13, 2018,at 10:00 a.m.at the Virginia Beach Convention Center. Sealed, written bids should be delivered to Public Works/Facilities Management Office, Attn: Barry Shockley, 2424 Courthouse Drive, Room 228,Virginia Beach,VA 23456. Bids will accepted until 5.'00 p.m.,Monday,May 14,2018.A copy of the proposed ordinance is on file and available for inspection during normal business hours in the office of the City Clerk. Bids shall be opened at the informal meeting of City Council on May 15,2018 and summaries of the bids shall be read by the presiding officer at the formal meeting of the City Council, in the Council Chamber,City Hall-Bldg.1,Virginia Beach Municipal Center,on May 15, 2018, at 6:00 p.m. After the reading of bid summaries, at a subsequent meeting, Council will obtain public comments on the proposed lease and any attendant sublease.The right to reject any and all bids or to make multiple awards is hereby expressly reserved. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired call 711.(Virginia Relay-Telephone Device for the Deaf). Amanda Barnes,MMC City Clerk PILOT: 3/11/18 and 3/18/18 Legal Notices:Bids&Proposals J. PUBLIC HEARINGS 1. PURCHASE AGREEMENT FOR ACQUISITION OF ARP 4021 Charity Neck Road Gum Bridge Road 2. LICENSE OF CITY PROPERTY Adjacent to 31 Ocean, 241 Laskin Road 3. SALE OF EXCESS CITY PROPERTY 1888 Virginia Beach Boulevard and Adjacent Lot r9 1 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia,will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreement for the acquisition of an agricultural land preservation easements with respect to(1)68.48 acres of land located at 4021 Charity Neck Road(GPIN:2411- 55-3225),in the City of Virginia Beach, Virginia, and (2) 53.26 acres of land located on Gum Bridge Road (GPIN: 2411-64-9902), in the City of Virginia Beach,Virginia,pursuant to Ordinance No.95-2319,as amended,known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland,(b)preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price. of $523,872 and $543,252, respectively. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing, which may be continued or adjourned, will be held by the City Council on May 15,2018,at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach,Virginia. Any person interested in this matter may appear and be heard. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). BEACON:APRIL 29,2018 & May 6, 2018-1 TIME EACH. 1!% ki ;:,.e., \,, „......,,c,,..,, PUBLIC HEARING LICENSE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed licensing of City-owned property on Tuesday,May 15,2018,at 6:00 p.m.in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center,Virginia Beach, Virginia. The purpose of this hearing will be to obtain public comment on the City's proposal to continue the current license for the use of the following: Approximately 50 square feet of area located outside,under the roof line, and next to the space sub-leased and operated by Starbucks Corporation at 31 Ocean,241 Laskin Road,Virginia Beach,Virginia 23451 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired, call TDD 711(TDD-Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Resort Management Office,2101 Parks Avenue, Virginia Beach, Virginia 23451. The Resort Management Office telephone number is(757)385-6639. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: Sunday,May 6,201.8 f4.‘,,,.,4„.. icy,,,,,„.:„..7 ;:..,.,,?•,1, t= ‘.F 5) 4' 1)) �t+ ,,,lG«ly,J PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of property located at 1888 Virginia Beach Blvd. (GPIN: 2407-46-8483)and adjacent lot (GPIN: 2407-46-9603) on Tuesday,May 15,2018 at 6:00 p.m.,in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center,Virginia Beach, Virginia.The purpose of this hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing impaired, call 1-800-828-1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Economic Development 4525 Main Street,Suite 700,Virginia Beach,VA,or by calling Economic Development at (757)385-6464. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:Sunday,May 6,2018 K. ORDINANCES 1. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easements from Chaplain Charity Neck Farm, LC at: a. 4021 Charity Neck Road b. Gum Bridge Road 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a License Agreement with Starbucks Corporation for the use of fifty (50) square feet of City Property re outdoor seating area adjacent to 31 Ocean, 241 Laskin Road 3. Ordinance to DECLARE the property located at 1888 Virginia Beach Blvd and adjoining lot to be in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to Jones at 1888, LLC 4. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Harbor Canal located at 2336 Spindrift Road re maintain existing dock/construct boat lift 5. Ordinance to AMEND the Adopted FY2017-18 Capital Improvement Program (CIP) project description and scope for Lake Management II, SW Infrastructure Rehabilitations & Improvements II, and Primary System Infrastructure Improvements II and AUTHORIZE the acquisition of necessary property and easements 6. Ordinance to APPROPRIATE: a. $169,490 in additional Aid to Localities (ATL) funding and TRANSFER $255,977 in Aid to Localities funding re Fire Department b. $700,00 to the Virginia Beach Development Authority (VBDA) re Commonwealth Opportunity Fund Award 7. Ordinance to ADD Section 5-311 to the City Code re pets shops that sell dogs (Requested by Councilmember Davenport) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Chaplain Charity Neck Farm, LC (68.48 Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $523,872, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS MEETING DATE: May 15, 2018 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. • Considerations: The subject property consists of one (1) parcel of land having approximately 68.48 acres outside of marshland or swampland. It is owned by Chaplain Charity Neck Farm, LC, a Virginia limited liability company. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, and one (1) has been reserved due to an existing cell tower site on the property. The parcel, which is shown on the attached Location Map, is located at 4021 Charity Neck Road (GPIN: 2411-55-3225) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $523,872. This price is the equivalent of approximately $7,650 per acre. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.80% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.80% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Disclosure Statement Form Location Map Recommended Action: Adoption Submitting De. - • e ‘Agel‘cy: Agriculture Department ' -' City Manager: 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM CHAPLAIN CHARITY NECK FARM, LC (68.48 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL 6 AMOUNT OF $523,872, AND 3) TRANSFER OF FUNDS TO 7 PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $523,872; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.80% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.80% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $240,982 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required, within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 73 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONT T: )uf\ Alf) . Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: Dir-ctor of Finance City Attorney's Office CA14211 \\vbgov.com\dfs l\applicano's\citylaw\cycom)2\wpdocs\d002V028\00470889.doc R-1 May 3, 2018 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2017-155 SUMMARY OF TERMS SELLER: Chaplain Charity Neck Farm, LC, a Virginia limited liability company PROPERTY LOCATION: 4021 Charity Neck Road(GPIN: 2411-55-3225) PURCHASE PRICE: $523,872 EASEMENT AREA: 68.48 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (1 reserved for cell tower site) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.80% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.80%without approval of City Council. TERMS: Interest only,twice per year for 25 years, with payment of principal due 25 years from WA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. n co CU —. z _, r CD _I. ,_ , ,-,:e., 1 4? i . . cu?1,1 N f_i. __ Q. _ — - K Lin al e"` N + W l J ul • N IUl T • I ,� ►► y Neck Road %r 6 . . ,,,,, -. ., ,_ .,,._ . .,, r z —> e„h a p t a i n ch a rt ftf Keck krtAirginia APPLICANT'S NAME Viii flim Ca Iai DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 1,1:eiry APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Criy of Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. x Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: A`�a'^ �' t' uAt r-on 5 L C If an LLC, list all member's names: W.kt:a44 Ca4.i C LILa1 If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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 I d ( r� names: �aYvt G y �,"'"� 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. • 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I��%r Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors U Engineers / Surveyors/Agents Financing (include current Ri mortgage holders and lenders ISI selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / i Agents/Realtors for current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or me ting of any public body or committee in connection with this App is ion. to4,., 6,1, cik,,t,-, „...//, APPLI RE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) TAccounting and/or preparer of your tax return nK_ Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ TX purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nX. Construction Contractors 7 Engineers / Surveyors/ Agents Financing (include current u—zi, mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) D T- Legal Services Real Estate Brokers / n Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have III an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this CAp li t'on. � 1 I Pl�rn 1'1I Ai PRO ERT W ' /IGNATURE PRINT NAME DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Chaplain Charity Neck Farm, LC (53.26 Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $543,252, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS MEETING DATE: May 15, 2018 • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. • Considerations: The subject property consists of one (1) parcels of land having approximately 53.26 acres outside of marshland or swampland. It is owned by Chaplain Charity Neck Farm, LC, a Virginia limited liability company. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, and none are being reserved for future development. The parcel, which is shown on the attached Location Map, is located on Gum Bridge Road (GPIN: 2411-64- 9902) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $543,252. This price is the equivalent of approximately $10,200 per acre. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.80% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.80% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Disclosure Statement Form Location Map Recommended Action: Adoption Submitting D=pa m -nt/. =ency: Agriculture Department City Manager: 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM CHAPLAIN CHARITY NECK FARM, LC (53.26 4 ACRES), 2) THE ISSUANCE BY THE CITY OF ITS 5 CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL 6 AMOUNT OF $543,252, AND 3)TRANSFER OF FUNDS TO 7 PURCHASE U.S. TREASURY STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $543,252; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.80% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however, that such 38 rate of interest shall not exceed 4.80% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $249,896 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required, within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 73 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: u. • ^CZs`J" Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: 1s•.,! £ - - - '71 aJ Dir-ctor of Finance CityAttorney's Office 1 CA14212 \\v b gov.com\dfsl\applications\ci tyl aw\cycom32\wpd ocs\c1002\p027\00470700 d oc R-1 May 3, 2018 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2017-156 SUMMARY OF TERMS SELLER: Chaplain Charity Neck Farm, LC, a Virginia limited liability company PROPERTY LOCATION: Gum Bridge Road (GPIN: 2411-64-9902) PURCHASE PRICE: S543,252 EASEMENT AREA: 53.26 acres,more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites(0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.80% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.80%without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer)for one(1)year following execution and delivery of the IPA. E- Z U 1 E s. , ,,....._ , co ,� is a _______ _____________ , 01 _,..... - ., 1- - --."., -¢ '4 ina!,..n. a:1 ' , 0 CI z � � > N iso 'I ° r 01 li � la � 's7v' co N `c ' U " `^ +- -�... L� C ' '• 4. (5 "I ¢, .? U £'hap f aan. Chari fy ileck Farm V ZaBeach APPLICANT'S NAME Vkii C'kp1 ws - 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, 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). o APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: • Virginia Beach pi Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LL Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. Noe-(A) List the Applicant's name: �a'^ Noe- �ar"`s C If an LLC, list all member's names: \ tl:aw\ If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. VI Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's IS "'t u(Ji v""`I_t(„?A names: ,I' I�a 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. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 1.2 N. Accounting and/or preparer of your tax return 7 Architect / Landscape Architect / Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed IA purchaser of the subject property (identify purchaser(s) and purchaser's service providers) rxiConstruction Contractors n n Engineers / Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nRI Legal Services Real Estate Brokers / 17(1 Agents/Realtors for current and anticipated future sales of the subject property o 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 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 meting of any public body or committee in connection with this Ap is ion. 6,j,4 eike 2114 APPLI - , RE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n Ix Accounting and/or preparer of I V ` your tax return I I FT Architect/ Landscape Architect/ ' I Land Planner ❑ Contract Purchaser(if other than githe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed (� purchaser of the subject property I (identify purchaser(s) and purchaser's service providers) xConstruction Contractors nEngineers/ Surveyors/Agents Financing (include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have nan interest in the subject land or any proposed development I� contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 \IB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap li t'on. � I it• I Mn v lei" "2I4 PRO ER W IG NATURE PRINT NAME DATE Page 7 of 7 C „/,,,r,,,,%,, 's� = i ..) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance authorizing the City Manager to execute a license agreement with Starbucks Corporation for the use of approximately fifty (50) square feet of City-owned property for an outdoor seating area at 31 Ocean MEETING DATE: May 15, 2018 • Background: Since 2008, Starbucks Corporation ("Starbucks'') has licensed from the City an outdoor seating area of approximately fifty (50) square feet located immediately in front of and under the roof-line of the Starbucks store located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area"). Starbucks proposes to enter into a new license agreement for the Licensed Area from the City for a one (1) year term with four(4) one-year renewal options. Starbucks would be allowed to place tables and chairs in the Licensed Area and be responsible for the maintenance of the Licensed Area. Starbucks would be required to comply with other regulations consistent with other outdoor seating areas throughout the City. Use of the Licensed Area has been treated as a license agreement and not as a café franchise because: (a) this property is not located in the right-of-way; and (b) Starbucks will not provide table service to the Licensed Area. • Considerations: Starbucks has agreed to pay an initial rental rate of $1 ,008.01 annually for the first year of the agreement, with that amount increasing by three percent (3%) each successive year. The License Agreement has been endorsed by the City's Strategic Growth Area/Resort Management Office, and would be consistent with other uses at the 31 Ocean development. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve License as presented, change conditions of the License or deny licensing of the space. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau/Resort Management A City Manager: %thy 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LICENSE AGREEMENT 3 WITH STARBUCKS CORPORATION FOR THE USE 4 OF APPROXIMATELY FIFTY (50) SQUARE FEET 5 OF CITY-OWNED PROPERTY FOR AN OUTDOOR 6 SEATING AREA AT 31 OCEAN 7 8 WHEREAS, since 2008, Starbucks Corporation ("Starbucks"), has licensed from 9 the City an outdoor seating area of approximately fifty (50) square feet located 10 immediately in front of and under the roof-line of the Starbucks store located at 31 11 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area"); and 12 13 WHEREAS, Starbucks proposes to enter into a new license agreement for the 14 Licensed Area from the City for a one-year term with four one-year renewal options; and 15 16 WHEREAS, the Licensed Area would continue to be used by Starbucks as a 17 seating area for its customers, and for no other purpose; and 18 19 WHEREAS, the Strategic Growth Area/Resort Management Office recommends 20 that the City enter into a license agreement with Starbucks in accordance with the 21 Summary of Terms, attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Manager is hereby authorized to execute a license agreement for a 27 one-year term with four one-year renewal options, between Starbucks Corporation and 28 the City, for the Licensed Area as shown on the plan attached hereto as Exhibit A and 29 made a part of this Ordinance, and in accordance with the Summary of Terms attached 30 hereto, and such other terms, conditions or modifications as may be acceptable to the 31 City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the City Council of Virginia Beach, Virginia on this day 34 of , 2018. Approved as to Content: Approved as to Legal Sufficiency: &.e Convention and Visitors BureauCity Attorney's Office Resort Management CA14194 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D019\P015\00061680.DOC R-1 April 19, 2018 EXHIBIT A SUMMARY OF TERMS LICENSE FOR STARBUCKS CORPORATION TO USE 50 SQUARE FEET OF CITY-OWNED REAL PROPERTY AT 31 OCEAN LICENSOR: City of Virginia Beach LICENSEE: Starbucks Corporation, a Washington corporation PREMISES: 50 square feet of City-owned property located immediately in front of and under the roof-line of the Starbucks store located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia 23451 TERM: May 1, 2018 through April 30, 2019 RENEWAL: Four optional one-year terms TERMINATION: City shall have right to terminate if necessary for a public purpose by giving sixty(60) days' notice. RENT: Year 1: $1,008.01 annually Optional Year 2: $1,069.40 annually Optional Year 3: $1,101.49 annually Optional Year 4: $1,134.53 annually RESTRICTIONS ON USE OF LICENSED AREA: • Any live or recorded music played in the Licensed Area shall conform to the City's Café Guidelines for entertainment or live music. • Materials placed in Licensed Area must be approved by the City and no logos other than Starbucks' logo shall be permitted. • All items placed in the Licensed Area must be removed each night at the close of business. • No extraneous items such as menu boards, signs or portable heaters in the Licensed Area shall be permitted. • Solicitation for tips or the posting or dissemination of printed material in the Licensed Area is prohibited. f6 w ,-�..v I o� aor. U p Q p x4.1 I l } Dov �� koro @N • r tl �m ti r--- r--- I It V - oo E N c 0_ RV co YY 1 — __ _ 1 050 • 1 Nm • 30129 I vs tG A 1 ._ 30013"_= 1 ` Kr , 'rr= �--' Ave 3100.32 r 01.110 4 1. �' O< p7 �- ooQ _oU/ Co. 00_ U �°! ay c"v au, Q -fid o� Q moi.. i��4 Vp I 4-1 r 2Ca 1-Nm AI O 0 : .._,...-00iNN j r ..a \ �' ., V cis t cu0trl 1 ox N ,00 \ Y 0 J ~ }- o. N r- DQ 00 ,,o ix \ mt^vstill ax- - QAGI OCp`�1E imp ry N �-- p AG1�G AVS � � �„ ". 3100.31g� -! ` arc AVE ' A PA r' - ti , ' '�'z \---- L_.-- - -.- .co- 2 1 1 N 1,., .. , .. --(.____IT F.xi c)(Nr n_ Nfi3 Virginia Beach APPLICANT'S NAME Starbucks 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 Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE: Virginia Beach CCheck 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: Starbucks Corporation 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) .See -4- L h-e_c1 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) see, a- ci 61-1.e.6-{ See next page for information pertaining to footnotes' and 2 t 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. X Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Thirty-First Street, L.C. 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. • 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 f9A1 4\ 1,4-9 9 erk LC. APPLICANT Virginia Beach YES NO [ SERVICE —1 PROVIDER(use additional sheets if needed) ri El Accounting and/or preparer of your tax return n n Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than athe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Li purchaser of the subject property (identify purchaser(s)and purchaser's service providers) aConstruction Contractors © Engineers /Surveyors/Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E a Legal Services Real Estate Brokers / nn 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 Scar butc)C 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 Appli on. ►��r� Daniel Sheehan 3/14/18 APPLI'ANT' SIGNATURE PRINT NAME DATE Page 5 of 7 (6/.G. rboxs • OWNER Virginia Beach YES [NO 1 I SERVICE PROVIDER (use additional sheets if needed) C © Accounting and/or preparer of your tax return N Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than D the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ N purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • nConstruction Contractors nEi Engineers/ Surveyors/Agents Financing (include current C N mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Real Estate Brokers / n N Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ n 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 y 4-4 --el Y 4- `�-h�( )-1-- 71/4/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 of any public body or committee in connection with this Application. n �-� r l Re is-n-r m Fvwar,o , da-0 'f/P PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Gam,,- Page 7 of 7 STARBUCKS— BOARD OF DIRECTORS 2018 Howard Schultz, Starbucks executive chairman William (Bill) Bradley, Allen & Company LLC managing director Rosalind (Roz) G. Brewer, Starbucks chief operating officer and group president Mary N. Dillon, Ulta Salon, Cosmetics & Fragrance, Inc. chief executive officer Robert M. Gates, former Secretary of Defense Mellody Hobson, Ariel Investments, LLC president Kevin Johnson, Starbucks president and chief executive office Jurgen Vig Knudstorp, LEGO Brand Group executive chairman Satya Nadella, Microsoft Corporation chief executive officer and director Joshua Cooper Ramo, Kissinger Associates co-chief executive officer and vice chairman Clara Shih, Hearsay Systems, Inc. chief executive officer Javier G. Teruel, Colgate - Palmolive Company retired vice chairman Myron E. Ullman III, J.C. Penney Company, Inc. former chairman Craig E. Weatherup, Pepsi-Cola Company retired chief executive officer Exhibit 21 SUBSIDIARIES OF STARBUCKS CORPORATION The list below excludes certain subsidiaries which,considered in the aggregate as a single subsidiary,would not constitute a significant subsidiary under SEC rules as of October 1,2017. Entity Name Organized Under the Laws of: AmRest Coffee s.r.o. Czech Republic AmRest Coffee Sp.z o.o. Poland AmRest Kavezo Kft. Hungary Bay Bread LLC(dba La Boulange) Delaware Beijing Starbucks Coffee Co.,Ltd. China Chengdu Starbucks Coffee Company Limited China CHH Cafe LLC % Texas CHH Holdings of Texas LLC Texas Coffee Concepts(Southern China)Limited ; " _. Hong Kong Coffee House Holdings,Inc. Washington Conifer Ventures Co.Ltd United Kingdom Corporacion Starbucks Farmer Support Center Colombia Colombia Emerald City C. =_ ' : K _ �„, Netherlands Evolution Fresh,Inc. Delaware Farmer Support Center,AsociacionCivil`. _ Mexico- Guangdong Starbucks Coffee Company Limited China High Grown Investment Group(Hong Kong)Ltd. Hong Kong `” r,- Holding Company International Limited United Kingdom Hubei Starbucks Coffee Company Limited China Koffee Sirena LLC Russia North American Coffee Partnership New York Olympic Casualty Insurance Company Vermont President Coffee(Cayman)Holdings Ltd. ", � "; v" Cayman Islani- ' President Starbucks Coffee(Shanghai)Company Limited China President Starbucks Coffee Corporation Taiwan(Republic of China) Princi Global Limited United Kingdom Princi London Limited United Kingdom Princi Properties Limited United Kingdom Princi UK Limited 4 f . . United Kingdom Qingdao American Starbucks Coffee Company Limited China . >' SBI Nevada,Inc. Nevada SCI Europe I,LLC Washington SCI Europe II,LLC Washington SCI Investment,Inc. Washington Seastar Colombia Supply Company-S.A.S. Colombia Seattle Coffee Company Georgia Seattle's Best Coffee LLC Washingto i Shaya Coffee Limited Cyprus Siren Retail Corporation Washington } SR Holdings Corporation Washington SR2 Holdings Corporation Washington Starbucks(China)Company Limited China Starbucks(Shanghai)Coffee Company Limited qua China Starbucks(Shanghai)Supply Chain Co.,Ltd. China 1 of 2 Starbucks(Shanghai)Trade Company Limited China Starbucks AINI Coffee(Yunnan)Company Limited China Starbucks Asia Pacific Investment Holding II Limited ?Hong Kong Starbucks Asia Pacific Investment Holding III Limited Hong Kong Starbucks Asia Pacific Investment Holding Limited Hong Kong - ,u Starbucks Brasil Comercio de Cafés Ltda. Brazil Starbucks Capital Asset Leasing Company,LLC Delaware Starbucks Card Europe Limited United Kingdom Starbucks Coffee(Dalian)Company Limited =' China Starbucks Coffee(Liaoning)Company Limited China Starbucks Coffee(Shenzhen)Company Limited China Starbucks Coffee(Thailand)Co.,Ltd. Thailand Starbucks Coffee Agronomy Company S.R.L. Costa Rica Starbucks Coffee Asia Pacific Limited Hong Kong Starbucks Coffee Austria GmbH Austria Starbucks Coffee Canada,Inc. Canada Starbucks Coffee Company(Australia)Pty Ltd Australia Starbucks Coffee Company(UK)Limited United Kingdom Starbucks Coffee Development(Yunnan)Company Limited China Starbucks Coffee EMEA B.V. Netherlands Starbucks Coffee France S.A.S. France Starbucks Coffee Holdings(UK)Limited United Kingdom Starbucks Coffee International,Inc. Washington Starbucks Coffee Japan,Ltd. Japan Starbucks Coffee Korea Co.,Ltd. South Korea Starbucks Coffee Netherlands B.V. Netherlands Starbucks Coffee Switzerland A.G. Switzerland Starbucks Coffee Trading Company Sarl Switzerland Starbucks EMEA Holdings LtdUnited Kingdom Starbucks EMEA Investment Ltd United Kingdom Starbucks EMEA Ltd United Kingdom Starbucks Farmer Support Center Rwanda Ltd Rwanda Starbucks Farmer Support Center Tanzania Limited Tanzania Starbucks Holding Company Pte.Ltd. Singapore Starbucks Holding Company __ Washington Starbucks International(Holdings)Ltd United Kingdom Starbucks Italy S.r.l. Italy Starbucks Manufacturing Corporation Washington Starbucks Manufacturing EMEA B.V Netherlands Starbucks New Venture Company Washington Starbucks Singapore Investment Pte.Ltd. ' Singapore Starbucks Switzerland Austria Holdings B.V. Netherlands Starbucks Trading,G.K. . "Japan Tata Starbucks Private Limited India Teavana Puerto Rico,LLC Delaware The New French Bakery,Inc. California Torrefazione Italia LLCs 3 M _;' Washington Torz and Mac atonia Limited United Kingdom Xi'an Starbucks Coffee Company Limited China 2 of 2 • The members of Thirty-First Street, LC are: 28. OBC Garage, LLC 1. TFI, LLC 29. Ocean Beach Club, LLC 2. VaDare LLC 30. Oceanfront Retail, LLC 3. WMJ Investments, LLC 31. PI-ZZERIA, LLC Businesses that have a parent-subsidiary, or 32. Prof. Hosp. Res., Inc. affiliate relationship to Thirty-First Street, 33. Rock Fish Sea Grill, LLC LC are: 34. ROTB, LC 35. Ruffin Family, L.C. 36. Ruffin Irrevocable Trust 1. Cavalier Hotel Services, LLC 37. Ruffin Irrevocable Trust-2003 2. Gold Key/PHR Development, LLC 38. Seashore Marine Ventures, LLC 3. 34th Street Garage, LLC 39. Sunrise Beach Services 4. Beach Quarters Retail, LLC 40. TFI, LC 5. BQTS Associates, Inc. 6. BQTS, LLC 41. Thirty-First Street, L.C. 42. Thompson Family Investments, LLC 7. Cavalier Associates LLC 43. Thompson Shell, LLC 8. Cavalier Associates Development, Inc. 44. Vacation Rental, LC 9. Central Laundry LLC 45. VaDare, LLC 10. Cavalier Ventures, LLC 11. DareFund LLC 12. Gateway Investments, LLC 13. Gateway Towers Associates LLC 14. Gold Key/PHR Food Services, LLC 15. Heritage Holdings, LLC 16. Heritage Investments, LLC 17. Hi-Sea Condominium LLC 18. Hi-Sea Office, LLC 19. Hi-Sea, LLC 20. Hospitality Investment Associates, LLC 21. Hospitality Investment Associates - Cavalier, LLC 22. Hospitality Investment Associates - Pi- zzeria 23. Hospitality Investment Associates- Norfolk 24. Nags Head Beach Hotel, LLC 25. Neptune Manager I, Inc. 26. Neptune Manager, LLC 27. Norfolk Hotel Associates, LLC rS�'„R.�N.''+y�rjq� �u� S CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance declaring the property located at 1888 Virginia Beach Boulevard (GPIN 2407-46-8483) and adjoining lot (GPIN 2407-46-9603) to be in excess of the City's needs and authorizing the City Manager to sell the property to Jones at 1888 LLC. MEETING DATE: May 15, 2018 • Background: The City acquired 1888 Virginia Beach Boulevard in March 2009 for $830,000 as part of the APZ-1 Acquisition Program. The purchase eliminated a 15- unit apartment complex and a bar formerly known as the Clambake. The City also acquired the vacant lot behind the Clambake in May 2007 for $180,000, because it was residentially zoned, and the APZ-1 Ordinance prohibited residential development. The two properties (collectively, the "Property") have been marketed by the Department of Economic Development. The City issued an RFP for the sale and development of the property in November 2017. Bidders were advised that the City would require certain improvements, including right-of-way dedication and road and sidewalk improvements estimated at approximately $200,000. The Oceana Land Use Conformity Committee recommended the selection of Southampton Roads Construction, which offered $300,000 for the Property. Southampton Roads Construction has subsequently created the new legal entity of Jones at 1888 LLC to take title to the Property. In addition to the land purchase price, the capital investment associated with this project is $943,000, which includes construction, business personal property, and machinery and tools. The company is currently situated at 1933 Virginia Beach Boulevard and intends to move its operations to the Property. The company's primary focus is commercial paving, but services also include a full range of concrete work, site excavation and grading, utility repair, and mitigation of drainage issues. The Property is 1.36 +/- acres located in the Hilltop Strategic Growth Area. The proposed development plan meets the Comprehensive Plan's Special Area Development Guidelines for Urban Areas. The development will consist of office, warehouse and bulk storage of construction equipment such as paving machines, dump trucks, back hoes, fork lifts and small amounts of construction material such as storm pipes and stone on a temporary basis. A conditional use permit for bulk storage was approved by the Planning Commission on April 11, 2018. • Considerations: The APZ-1/CZ Master Plan designates the Property as non- residential and appropriate for compatible uses under the AICUZ guidelines. The proposed use is compatible with Section 1804 of the City Zoning Ordinance. The agreement of sale will include specific design criteria, which will be incorporated as a deed restriction at closing. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of the Property. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. • Revenue restriction: The City funded the acquisition of the property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $300,000 shall be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Recommended Action: Approval of the Ordinance ttSubmitting De•art Agency: Economic Develop City Manage k, • iii 1 AN ORDINANCE DECLARING THE PROPERTY LOCATED 2 AT 1888 VIRGINIA BEACH BOULEVARD (GPIN 2407-46- 3 8483) AND ADJOINING LOT (GPIN 2407-46-9603) TO BE 4 IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING 5 THE CITY MANAGER TO SELL THE PROPERTY TO 6 JONES AT 1888 LLC. 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel 9 of land located at 1888 Virginia Beach Boulevard and the adjoining lot, and further 10 described on Exhibit A attached hereto and made a part hereof (collectively, the 11 "Property"); 12 13 WHEREAS, the City acquired the Property pursuant to the Oceana and 14 Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-059, formerly CIP 9- 15 060); 16 17 WHEREAS, the City funded the acquisition of the Property through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the purchase price; 20 21 WHEREAS, the Property is in an area designated for non-residential use 22 in the APZ-1/Clear Zone Master Plan adopted by Council on April 1, 2008; 23 24 WHEREAS, the Oceana Land Use Conformity Committee has 25 recommended that City Council declare the Property to be in excess of the City's needs 26 and sell the Property to Jones at 1888 LLC ("Jones"); 27 28 WHEREAS, Jones will construct a warehouse, office, and bulk storage 29 facility on the Property to prescribed standards acceptable to the City, which is a use 30 compatible with Section 1804 of the City Zoning Ordinance; 31 32 WHEREAS, Jones will purchase the Property in accordance with the 33 Summary of Terms attached hereto as Exhibit B and made a part hereof; and 34 35 WHEREAS, the City Council is of the opinion that the Property is in 36 excess of the needs of the City of Virginia Beach. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 That the Property described on Exhibit A is hereby declared to be in 42 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 43 authorized to execute any documents necessary to convey the Property to Jones at 44 1888 LLC, in substantial conformity with the Summary of Terms attached hereto as 45 Exhibit B and such other terms, conditions or modifications as are deemed necessary 46 and sufficient by the City Manager and in a form deemed satisfactory by the City 47 Attorney. 48 49 Further, that the revenue from the sale of the Property in the amount of 50 $300,000 shall be received and fifty percent (50%) of the amount will be deposited for 51 appropriation in future Capital Improvement Program capital budgets in Capital 52 Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and 53 Acquisition II, and fifty percent (50%) will be deposited for future payment by the City 54 Manager to refund the Commonwealth's portion in accordance with the grant 55 agreement. 56 57 This ordinance shall be effective from the date of its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 60 day of , 2018. 61 CA14225 PREPARED: 4/30/18 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d030\p026\00469934.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT A /gin ) � lkk L, iILGC_ U ,/lti. t-Z \\, Economic Development Budget & Management Services APPROVED AS TO LEGAL SUFFICIENCY de , (11_,61---- City AO orney EXHIBIT A PARCEL 1: GPIN: 2407-46-8483 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 known, numbered and designated as Lots 9 & 10 as shown on that certain plat entitled "Map of Maxey Manor, property of Dewitt Maxey, North side Virginia Beach Boulevard", dated April, 1943 which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 14, Page 43. LESS AND EXCEPT from that portion of Lot 9, fifteen (15) feet along the dividing line between Lot 9 and 8, which 15 feet forms one half of a thirty (30) foot street dividing Lots 8 and 9. 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 known, numbered and designated as Lot 32 & 33 as shown on that certain plat entitled "Map of Maxey Manor, Property of Dewitt Maxey, North side Virginia Beach Boulevard", dated May 9, 1947 which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, Page 41 . LESS AND EXCEPT that portion conveyed to the Commonwealth of Virginia by deed recorded in Deed Book 916, page 200 and as shown on State Highway plat 3A, page 372. LESS AND EXCEPT all right, title and interest of the Seller, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. IT BEING the same property conveyed to the City of Virginia Beach by deed from Cardo Properties, Inc. March 10, 2009 and recorded in the aforesaid Clerk's Office as Instrument Number 20090316000266490. PARCEL 2: GPIN: 2407-46-9603 ALL THAT certain lot, piece or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Lynnhaven Borough, in the City of Virginia Beach, Virginia, designated and described on the Map of Maxey Manor, property of Dewitt Maxey, North-side, Virginia Beach Boulevard, Scale 1" equals 100', Princess Anne County, Virginia, dated May 9, 1947, which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 21, at page 41, and designated and described on said plat as LOT NUMBER THIRTY-FOUR (34), reference being hereby made to said plat for a more particular description of said lot. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation, by deed from WBM, L.L.C., dated April 19, 2007 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070501000593840. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 1888 VIRGINIA BEACH BOULEVARD SELLER: City of Virginia Beach PURCHASER: Jones at 1888 LLC PROPERTY: 1888 Virginia Beach Boulevard (GPIN: 2407-46-8483) and adjoining lot (GPIN: 2407-46-9603), less areas to be reserved for right-of-way and easements as more particularly described on the attached Exhibit A to the Ordinance. SALE PRICE: $300,000 CONDITIONS OF SALE • The Property shall be subdivided at the Purchaser's expense in order to vacate the interior lot line(s), and dedicate the necessary right-of-way and easements. • The Purchaser shall submit a site plan for review and approval by the Planning Department prior to settlement. • The City retains a right to repurchase the property, less the deposit, if Purchaser does not construct within 24 months of settlement. • The Purchaser will conform to restrictive covenants and design criteria regarding use, construction, materials, signage, parking, and landscaping. • The Purchaser shall be solely responsible for installation of road and infrastructure improvements to include curb and gutter, sidewalks along Virginia Beach Blvd. and Maxey Drive, stormwater, power pole and fire hydrant relocation, or any other constructions costs, including permitting and engineering. ' u;° ' Q ;LI NM a C7ZNcM tL. OO �vpavMO`t : e.1.i a. er t z 1 Jbllin c. s a } 3 4I '*".5P51 .,.—— p • ..... • T ..1._ - t� ,. - .. ft - � NZ It. -,,. ., .*„. . ,., _,. . _., , ,..1. ,t 10, 1 , Upits . _ , • , u) cl. _1 Ai... z iill 04 so U f ' _ ,..ip.1 ,4-4f A.A. i —1 korai . t`N 1 4r. o s - b >' -i II � '�r :, m X 2' ' _ {7 w . flt .4i i. . .' :laABXVIN ; "9...Y40 , + tiii ,O 3 Z IF Q :111if- II 4 n C i .-,y r 4 WyC. ..rte ts. J ea_' ' .NYS` tw OD - _. MX • 7. LO ... _ i 4 k ti - /U ... � rte'•— . 0 11, r , Ex Yy t jAi CO c (1/ (o e O o a. s .. NJ ! * k ? ,P.''' fl.•.O a rn c �` �' - rx. _ CSO CSO Q Z a W C N N U H U IR a 'y'f' a i a 'NIVI.Nf10J , , # e , #a J00 Z a RI 13 x E —41 MI 90V111A co LL v M M O uiCt N o CD CD --J-1 ca za � � `r �� I O1- tizti r 0 a � NaN fA Z Z ijj I] 11 ! , ''• CL CL us 03.9 - -- -- j� VO O LUX o J a. a. 1 1 i. i LL U i P -i ; N o o11-1 0 9 JCO f _ U Q CO Q ao AXbW z U ce c _ > Z � _ L -1__ - �I Q >-,________ i LU x co r _ :6; ,, .a o co 'a m' �ErNpO�vV0 y Al . (13 CU ty co I) CN O Q plil e9 rn ami p0Q / a Z mv v a !?-N a wc0 o t =L* 1 � — —�--—� c 13 N N 0 H V d --- -- --I-- n El D O n m Disclosure Statement iit:i:ch APPLICANT'S NAME Jones at 1888, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters indude, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for — (EDIP) Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board 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. 4 s SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Flannin Commission and Cit Council meetin that (tains to the a l,catiorsts) APPLICANT NOTIFIED Of HEARING DATE. o NO CHANCES AS OF • REVISIONS SUBMITTED DATE' Jones at 1888, LLC Agenda Item 7 Page 10 Disclosure Statement Virginia Belch • Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. • Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Jones at 1888,LLC If an LLC,list all member's names: Laura Jones, Robert Jones If a CORPORATION,list the the names of all officers, directors,members, trustees, etc.below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. • Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name: City of Virginia Beach if an LLC,list the member's names: Page 2 of 7 Jones at 1888, LLC Agenda Item 7 Page 11 Disclosure Statement AA3 \rrginia 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 SO percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest In the other business entity,(II)a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the anpiication or any business operating or to be aoera>etl 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 Jones at 1888, LLC Agenda Item 7 Page 12 Disclosure Statement N/13 APPLICANT sem YES NO SERVICE PROVIDER lose additional sheets If needed, ❑ C Accounting and/or preparer of your tax return ® 0 Architect/Landscape Architect/ Finley Design Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ripurchaser of the subject property (identify purchaser(s)and purchaser's service providers) • DConstruction Contractors , Southampton Roads Construction Cor ® fl Engineers/Surveyors/Agents Gaddy Engineering Services Financing(include current EI ❑ mortgage holders and lenders selected or being considered to Townebank provide financing for acquisition or construction of the property) u Legal Services � tl� Real Estate Brokers/ iParker uti'tell ® 0 Agents/Realtors for current and anticipated future sales of the 1 ' subject property 1 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 Jones at 1888, LLC Agenda Item 7 Page 13 Disclosure Statement 1113 Vkikda 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 . • S SIGNATURE PRINT NAME DATE • Page 5 of 7 Jones at 1888, LLC Agenda Item 7 Page 14 Disclosure Statement f OWNER .. _, Virginia Beech IVES I HO] SERVICE PROVIDER fuse additional sheets If needed) ❑ Er Accounting and/or preparer of your tax return nArchitect/Landscape Architect/ Land.Planner EldContract Purchaser(If other than ,the_applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ 2 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Er l Construction Contractors 1 i ElC i Engineers/Surveyors/Agents I l Financing(include current ❑ Er mortgage holders and lenders selected or being considered to provide financing for acquisition f/ or construction of the property) ❑ 2/,Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject;roperty __. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESO 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? F( or7,.( I J U k.,,...t.,e- J t_-,r t l,e CI 17. of Vii,, tilt,/ FN.tch Page 6 of 7 Jones at 1888, LLC Agenda Item 7 Page 15 Disclosure Statement r Virginia Beach CERTIFICATION: certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee In connection with this Application.- ,,,.�` '= / f?*,4440 11. Wt4sr tdvi. .T, � $ PICfERTY OWNER'S e'LPINT NAME DATE Page 7 of 7 Jones at 1888, LLC Agenda Item 7 Page 16 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Harbor Canal located at the rear of 2336 Spindrift Road MEETING DATE: May 15, 2018 • Background: Nathan A. Porter and Kimberly C. Porter have requested permission to maintain an existing 8' dock and to construct and maintain a 12' x 12' boat lift into City property known as Broad Bay, located at the rear of 2336 Spindrift Road. • Considerations: City staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Harbor Canal which is where Mr. & Mrs. Porter have requested to encroach. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Plat, Location Map, Pictures, Agreement and Disclosure Statement Form. Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Realcommendclie -kb fl City Managec 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 HARBOR 7 CANAL LOCATED AT THE REAR OF 8 2336 SPINDRIFT ROAD 9 10 WHEREAS, Nathan A. Porter and Kimberly C. Porter desire to maintain an 11 existing 8' dock and to construct and maintain a 12' x 12' boat lift into City property 12 known as Harbor Canal located at the rear of 2336 Spindrift Road, in the City of 13 Virginia Beach, Virginia; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Nathan A. Porter and 24 Kimberly C. Porter, their heirs, assigns and successors in title are authorized to 25 maintain an existing 8' dock and to construct and maintain a 12' x 12' boat lift into City 26 property known as Harbor Canal as shown on the map entitled: "EXHIBIT A OF LOT 27 229 SUBDIVISION OF BAY ISLAND SECTION TWO VIRGINIA BEACH, VIRGINIA 28 FOR NATHAN A. PORTER AND KIMBERLY C. PORTER," dated 3/7/18, a copy of 29 which is attached hereto as Exhibit A and on file in the Department of Public Works and 30 to which reference is made for a more particular description; and 31 32 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 33 subject to those terms, conditions and criteria contained in the agreement between the 34 City of Virginia Beach and Nathan A. Porter and Kimberly C. Porter, (the "Agreement"), 35 an unexecuted copy of which has been presented to the Council in its agenda, and will 36 be recorded among the records of the Clerk's Office of the Circuit Court of the City of 37 Virginia Beach; 38 39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 43 time as Nathan A. Porter and Kimberly C. Porter and the City Manager or his authorized 44 designee execute the Agreement. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 46 of , 2018. CA14223 R-1 PREPARED: 5/2/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d024\p025\00468976.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM r/ 711 �J SIGNAT AR DA A -ARMEYER, SENIOR CITY ATTORNEY 5/31r DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION I NOTES: 1) THE PROPERTY SHOWN HEREON APPEARS TO UE IN `X' (SHADED) & 'AE' (7.0) FLOOD ZONE ACCORDING TO FL M.A. MAP PANEL NO. 515531-0041G REVISED JAN. 16, 2015. G� PS�S�b6 • / m_ k01_,103- ? HARBOR CAN-L gc 't i vl 116 ii N ?Cf5�5 / 05' ouT e_Y— : i>r S��/ 1y 51'30'00" E i1 OQ /`� I su r� LOT 229 1.4' ou-r 6' LiETAI ca'v LOT FENCE 0.8' IN 1 4FENCEMETAL / %%.__:::.: : :-" -••-_-'- 230 • LOT o I 1.0' IN PADS ❑101 .4 J '%% c 262' .5 i• 16.2' 10.6'x'���: 228 N i x as.5' o- �, 0 2 STORY ..,. 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'..,t -1-;, I , • -pip_. _•, • . . .. ....-,•,- ....-...:......::•.,:;:,),4 • Hp . . • ... _ . • : • •• • ,. ., .,.,:-..:w .‘. .. . .. : •• .., : ::. ......, . , •,_ L ilummui Amp= ..,. . .. • . S . . , , , • illir".— . MI' -.••—•• ' .. t .'..‘,t.. ' *'.:. . . . i 'rr. •* L . ' ' .\ ..\- ..•!'.4. I li • i i %. . . . . , . • • . ' ''°'''.:;; .1.t‘c1,1 ti:,..Y,',t• ,. , _ t -.11LS-• •. ..dk- i N ‘ ..: . ' L'.,'.---'•',., ,,,.••7".."r'•, , . 1 ' • -- III larow--- • . 11:: .: ' I Pe .,,c,,,,•••,+ ,,,•,. , . ' t. , • 1 ,el .. 1 . ' 1 4.'4'' "•.-1.,,r'i,').", ' ,,, , ••,..,,,O,''' ,i'l'• I • ' . •' 1 0 fe -- t• I , Al .- . .... I; ort, .'- • ..„.. 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 c2"o day of 1049 , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NATHAN A. PORTER and KIMBERLY C. PORTER, 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 Site Number 229, as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT", Scale: 1" = 100', dated October, 1958, prepared by Frank D. Tarrall Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 48 at Page 15, and being further designated, known, and described as 2336 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 8' dock and to construct and maintain a 12' x 12' boat lift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY PROPERTY— NO GPIN REQUIRED OR ASSIGNED also known as Harbor Canal) GPIN: 1499-99-8723 - (2336 Spindrift Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the existing City property known as Harbor Canal, 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 OF LOT 229 SUBDIVISION OF BAY ISLAND SECTION TWO VIRGINIA BEACH, VIRGINIA FOR NATHAN A. PORTER AND KIMBERLY C. PORTER," Scale: 1" = 30', dated 3/7/18, 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 2 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 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 3 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, Nathan A. Porter and Kimberly C. Porter, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, 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 , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 / By Na n A. - - Owner B,,AIt,r,._1_n.�... imberly Cr Porter, Owner STATE OF CITY/COUNTY OF 1f 1K.Giw.r4- &)gcrr , to-wit: The foregoing instrument was acknowledged before me this o2"43 day of 17I A- 'r , 2018, by Nathan A. Porter, owner. (SEAL) Notary Public Notary Registration Number: o?Cv a 9 3 0 KRISTAL M. JOHNSON My Commission Expires: /d -3/ --cacao Notary Public Commonwealth of Virginia 262930 STATE OF My Commission Expires Dec. 31, 2020 CITY/COUNTY OF VI tcc,,04 f3*cit , to-wit: The foregoing instrument was acknowledged before me this o2 a) day of intr , 2018, by Kimberly C. Porter. --ze PubIi K (SEAL) No ary KRISTAL M. JOHNSON Notary Public Notary Registration Number: a G .2 9 3a commonwealth of Virginia My Commission Expires: /a--3 -dt.$ 26290 My Commission Expires3Dec. 31, 2020 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL - StlFF E Y AND FORM ATUARMEYER, SENIOR CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 6 NOTES: • 1) THE PROPERTY SHOWN HEREON APPEARS TO UE IN 'X" (SHADED) & 'AE' (7.0) F1.000 • ZONE ACCORDING TO F_E_M.A. MAP PANEL NO. 515531-0041G REVISED JAN. 16, 2015. �u r r'f V.141-ti b'5 $e PHOVED / \ lo HARBOR CAN-L $c • ,I �I E 4 CC 6I'11��o 141-11 _ 0.5 OUT . Ca— ,pre0 . N 51'30'00 E 71.°°. f_--- ern-gy14) LOT 229 1.4' OUT 6' METAL LOT FENCE e.a' IN 4' METAL � ::::: ' -_ u1 230 FENCE - -CONC.:- / • A/c LOT o 1 1.0' 1N PADS 0.:� �� s rly o 26.2' S yr 1E.2' i 10.6'Q-;4%: / 228 N k x 375' -e- 4-, r .•'% -Co 0 2 STORY �•ii POO :SSI 4• ', 1 B.2' 1S r 1LO - c�J n STUCC03 t3R1C1C s36 �•i' . // st ei �- 14,9'': ` ?i ;!A 0„.„ ,,�s:�:e; ` 16.7'Orb s6'• 29.2' `•'�S ' O 40 Cn u,wo i iii✓i!i��4 44f / • F a i••,•i•�•��is�ii / COUIYN o , •� �.:- �i�t• / 3.5' VINYL 0.2' OUT F=a v •• Ofi •� / Z 10,0,400,'-1 / FENCE a� z 3••rci �;• / m �%s%:� / �=:%= / '�%.$4 / �EC� C741 41 / 175.00' TD P.I. 86'4-4'17' W// 155.00' OF LEEWARD LI1ATS OF"OX / AE' SP/NDR/FT ROAD (50' R419SHORE DRI Vt FLOOD ZONE / APPROX. UNITS OF X” FLOOD ZONE ` I .exitert- A- • OF LOT 229 • SUBDIVISION OF BAY ISLAND SECTION TWO VIRGINIA BEACH, VIRGINIA FOR NATHAN A. PORTER AND DATE: +17' KIMBERLY C. PORTER SCALE 1" = 30' NOTE: FOR PLAT SEE LLB. 48 PG. 15-16A VIRGINIA BEACH, VA 'traria' Beach APPLICANT'S NAME Na-Fiari 4-tyritiody -Thk ( 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 (EDLP) Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All oisclosures must be updated rvo(2)weeks prior to any Page 1 of 7 Planning Cormission and City Council meeting that pertains to the applicationis1 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: -6 I L lig pE2 K RusTA L'y (L Q REVISIONS SUBMITTED DATE: I Virginia Beach E I Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (.�,, tom, (A) List the Applicant's name: 1 ,1 e& "' vi V::)4t /v;,,,,,kely Alit( if an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT 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:_ t0 ' C4 i rMbrIy T f-k( If an LLC, list the member's names: Page 2 of 7 itifiB 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) I 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest In the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (ill) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any,_business 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 AB APPLICANT via Beach YES NO SERVICE L PROVIDER(use additional sheets if needed) 0 0 Accounting and/or preparer of your tax return 1-7 ( Architect/Landscape Architect/ '-' Land Planner Ell��% Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers 1 Any other pending or proposed 0 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 4 [1Construction Contractors it, (C f Marine. [7 Engineers/Surveyors/Agents t Financing (include current MCS '',y°i ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) aa Legal Services Real Estate Brokers/ CIi Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO, Does an official or employee of the City of Virginia Beach have E �1 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia 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 I;; scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME A 61 r • DA E Page 5 of 7 z. OWNER Virginia Beacb YES I NO SERVICE [PROVIDER(use c:tional sheets if ❑ Accounting and/or preparer of your tax return nD Architect/Landscape Architect/ Land Planner CIContract Purchaser(if other than the Anolicant)- identify purchaser and purchaser's service providers n /� Any other pending or proposed(�, purchaser of the subject property ll�� 'dentify purchaser(s) and purchaser's service providers) t/' ri Construction Contractors I� (e 4- M0.r t - nI Engineers/Surveyors/Agents Financing (include current 04(ISE-21 FaYq� ❑ mortgage holders and lenders selected or being considered to i provide financing for acquisition or construction of the property) ❑ [ — Legal Services Real Estate Brokers / 71, Agents/Realtors for current and ` I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO/ Does an official or employee of the City of Virginia Beach have 111 D an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 \_ Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. } rr PROPERTY OWNERS SIGNATURE y PRINT NAME /,l n+ o. T DAT ill' Page 7of7 6.4r, YO CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Adopted FY2017-18 Capital Improvement Program's Project Description and Scope for CIP # 7-415 Lake Management II, CIP # 7-416 SW Infrastructure Rehabilitations & Improvements II, and CIP #7-023 Primary System Infrastructure Improvements II, to Authorize the Acquisition of Necessary Property and Easements MEETING DATE: May 15, 2018 • Background: State law requires a locality's governing body to authorize acceptance of interests in real property. For the City's Capital Improvement Program, this authority may be granted by the inclusion of language in the relevant capital project page that clearly contemplates the acquisition of necessary interests in real property — such as easements and rights-of-entry - within the funding provided. The approved FY2017-18 Stormwater CIP Sheets for CIP # 7-415 Lake Management II, CIP # 7-416 SW Infrastructure Rehabilitations & Improvements II, and CIP #7-023 Primary System Infrastructure Improvements II do not specifically reference the acquisition of easements or rights of entry in the Description and Scope and/or Schedule of Activities sections. The aforementioned CIPs are Stormwater programs that typically do not require acquisition for construction; however, the need does occasionally arise. The proposed revisions would allow for the acquisition of property easements and rights of entry necessary for the project subject to the appropriation of sufficient funds. • Considerations: If site easement and right of entry acquisition are not authorized for these projects, then necessary property easements and rights of entry required may not be acquired, and the projects could be delayed. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; Proposed FY2017-18 CIP Sheets for CIP #7-415 Lake Management II, CIP # 7-416 SW Infrastructure Rehabilitations & Improvements II, and CIP #7-023 Primary System Infrastructure Improvements II. Recommended Action: Approval of Ordinance Submitting D- : - . - tiAgency: Public Works/Operation City Manage 1 AN ORDINANCE TO AMEND THE ADOPTED FY 2017- 2 18 CAPITAL IMPROVEMENT PROGRAM'S PROJECT 3 DESCRIPTION AND SCOPE FOR CIP # 7-415 LAKE 4 MANAGEMENT II, CIP # 7-416 SW INFRASTRUCTURE 5 REHABILITATIONS & IMPROVEMENTS II, AND CIP # 7- 6 023 PRIMARY SYSTEM INFRASTRUCTURE 7 IMPROVEMENTS II, TO AUTHORIZE THE 8 ACQUISITION OF NECESSARY PROPERTY AND 9 EASEMENTS 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That the project description and scope, within the Adopted FY 2017-18 CIP, for 15 CIP # 7-415 Lake Management II, CIP # 7-416 SW Infrastructure Rehabilitations & 16 Improvements II, and CIP # 7-023 Primary System Infrastructure Improvements II, are 17 hereby amended to include the authority to acquire property and easements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: AU4 filli 1 1 fawAffr'Airw ' 0:ti 0,/ a . , cepa - t of Public Works Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: IK. City Attorneys Office CA14377 R-1 May 2, 2018 City of Virginia Beach,Virginia Fiscal Years 2018 through 2023 Capital Improve: en Program projac 7415000 1 Title:Lake Management II ed - "Storm Water Department:Public Works {aegory; Project Type Project Location District:Citywide Rehabilitation/Replacement programmed Funding Programmed Appropriated Budgeted 20ted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Funding 51,998,388 22,312,476 4,947,652 4,947,652 4,947,652 4,947,652 4,947,652 4,947,652 0 Description and Scope 1 h•s project is for the design,construction,and maintenance of city lakes to indude dredging,structuraln of the r pairtor u upgrade00 lakes within the of dms and pili Some aerators,culverts,outfalls,,•d other maintenance activities as necessary to support of the major lakes initially pan -d for maintenance dredging within this phase include the Brigadoon Lakes,Green Run Lakes,Salem Lake,West Lake Pembroke and Stratford Chas- akes Purpose and Need Lakes provide major storm water treatment nefits when they have adequate depth and are properly maintained.The failure of dams create the risk of ecological and environmental damage to •aters of the U.S.",such as the Lynnhaven River,Elizabeth River,and North Landing River,as well as adverse economic impacts and hazards to adjacen •roperty owners. History and Current Status This project first appeared in the FY 2012-13 OP.This project c• tinues the efforts of project 7-152 Lake Management I and also incorporates funding previously shown in project 7-405 Brigadoon Lakes Mainte -nce Dredging Operating Budget Impacts acquisition of necessary easements and rights-of-entry to the extent funding is available i Schedule of Activities Project Map Project Activities From To Amount i — Design 07/12-06/23 8,777,832 Construction i 07/12-06/23 43,220,556 i Total Budgetary Cost Estimate: 51,998,388 [ Means of Financing NO MAP REQUIRED Funding Subclass Amount State Contribution 19,332 Local Funding 51,979,056 i ITotal Funding: 51,998,388 278 Capital Projects + Fiscal Year 2017-18 City of Virginia Beach,Virginia Fiscal Years 201$through 2023 Capital Improvement Program Project:7416000 1 Title:SW Infrastructure Rehabilitation&Improvements et:enbs III Works I Status:Approved Category:Storm WaterDProject Location Project Type District:Citywide Project Type: Rehabilitation/Replacement Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future FY 2019 FY 2020 Funding To Date FY 2021 FY 2022 FY 2023 Fundin FY 2018 0 `61,856,982 27,356,982 5,750,000 5,750,000 5,750,000 5,750,000 5,750,000 5,750,000 Description and Scope A top priority for City Council is the management and planning of programs as they relate to flooding districts.This project will provide for the inspection,design,evaluation, nd rehabilitation of the storm water infrastructure throughout the City with emphasis in neighborhoods which have reported storm water sysc needs.Some of the major neighborhoods initially planned for rehabilitation during this phase include:Green Run,Glenwood,Pine Ridge/Middle jaks/Hunt Club Forest/Strawbridge,Level Green,Kings Grant,Magic Hollow,and Fairfield.Work may also include minor system improvements. ese minor system improvements will help address flooding by rehabilitating existing infrastructure and installing new.This project also supports a Public Works Storm Water Utility Asset Management program.The purpose is to establish,implement and track performance measures;improve the process of identifying,comparing,prioritizing and implementing projects for existing infrastructure; implement a comprehensive condition assessm- t program.Work includes activities like strategic/master planning,condition assessment,aging infrastructure reinvestment planning,asset critica assessment,and asset information management. Purpose and Need This project will extend the useful life of the City's storm .ter infrastructure by systematically identifying needed rehabilitation improvements. Without this project,neighborhood drainage systems will co inue to deteriorate and result in increasing neighborhood health and safety issues. Storm water infrastructure improvements will be made to impr• -the drainage system to minimize flooding.This program will help to insure the long-term health of the City's infrastructure and guide master plan 'ng and future investment. History and Current Status This project first appeared in the FY 2012-13 CIP.This ongoing project co inues the activities of project 7-004 Storm Water Infrastructure Rehabilitation&Improvements I,and also incorporates funding previously a,•ropriated in project 7-404 Aragona Neighborhood Infrastructure Rehabilitation. Operating Budget Impacts acquisition of necessary easements and rights-of-entry to the extent funding is available Project Map Schedule of Activities __ — Project Activities From-To Amount Design 07/12-06/23 9,125,500 Construction 07/12 06/23 52,731,482 Total Budgetary Cost Estimate: 61,856,982 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 61,856,982 Total Funding: 61,856,982 Capital Projects293 Fiscal Year 2017-18 City of Virginia Beach,Virginia Fiscal Years 2018 through 2023 Capital Improvement Program Project:7023000 1 Title:Primary System Infrastructure Improvements II 1 Status:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type: Rehabilitation/Replacement District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Funding 19,700,000 6,080,000 2,270,000 2,270,000 2,270,000 2,270,000 2,270,000 2,270,000 0 Description and Scope A top priority of City Council's is storm water management and planning of programs that relate to Total Maximum Daily Load(TMDL)regulations and Clean Water program regulations.This project provides annual funding for the analysis,design,development of contract documents, maintenance,rehabilitation,sediment removal,gr..ld construction of improvements to the primary drainage system which consists of pipes,ditches, and canals that serve as the backbone to the Cites drainage infrastructure.Environmental permits may be required for individual projects.This project provides for the environmental permitting the off road-ditch maintenance program. The primary system infrastructure consists of approxima ly 200 miles of off-road ditch and canal systems and 36 major culverts.This system is the major outfall system for the neighborhoods and rural areas hroughout the City.This project will shift the maintenance cycle for the off-road ditch system from approximately 22 years to 8 years and raise thelevel of service from an average of D to C level.This system improvement will provide relief to the nei:hborhoods that are served by the systems. History and Current Status This project first appeared in the FY 2013-14 OP.This 10-year ongoin_project is to address the City's primary infrastructure maintenance and upgrade needs.This project continues the activities of roject 7-067 Pr nary System Infrastructure Improvements I. Operating Bi:dget Impacts - acquisition of necessary easements and rights-of-entry to the extent funding is available Project Map Schedule of Activities Project Activities From-To Amount Design 07/13-06/23 2,136,000 Site Acquisition 07/13-06/23 968,000 Construction 07/13-06/23 16,596,000 Total Budgetary Cost Estimate: 19,700,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 19,700,000 Total Funding: 19,700,000 Fiscal Year 2017-18 283 Capital Projects "---.'''':c- '•47,,,.,,, . _ i> ,. 4,,,k CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $169,490 in Additional Aid to Localities Funding and Transfer $255,977 in Aid to Localities Funding MEETING DATE: May 15, 2018 • Background: Estimated revenue for Aid to Localities (ATL) grants is based on population and tax receipt projections by the Virginia Department of Fire Programs (VDFP). For the FY 2015-16 and FY 2016-17 grant years, more revenue was received than estimated by VDFP. This additional revenue must be appropriated by Council before being used by the Fire Department. The funding will be used for fire training, professional improvement, protective equipment, and supplies. In addition, the Fire Department is working toward closing all ATL grants that are more than three years old. This has been requested by the City's Comptroller to streamline year-end auditing and for greater ease of accounting. To this end, the Fire Department requests the estimated revenue and appropriations from the FY 2013-14 ATL grant be transferred to the FY 2017-18 ATL grant. The surplus appropriations from the FY 2013- 14 ATL are a result of lower than anticipated operational expenses. • Considerations: The attached ordinance appropriates funds and transfers funds, and the purposes of such appropriation or transfer are fire training, professional improvement, protective equipment, and supplies. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached Ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De•art .ent(Agency: Fire Departm 4 City Manager: ►'-t•Illr 1 AN ORDINANCE TO APPROPRIATE $169,490 IN 2 ADDITIONAL AID TO LOCALITIES FUNDING AND 3 TRANSFER $255,977 IN AID TO LOCALITIES 4 FUNDING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $169,490 in additional Aid to Localities (ATL) grant funding from grant years 10 FY 2015-16 and FY 2016-17 are hereby accepted and appropriated, with 11 State revenue increased accordingly, to the Fire Department's FY 2017-18 12 Operating Budget for fire training, professional improvement, protective 13 equipment, and supplies. 14 15 2) $255,977 from the FY 2013-14 ATL grant is hereby transferred to the Fire 16 Department's FY 2017-18 Operating Budget for fire training, professional 17 improvement, protective equipment, and supplies. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: —� c)-U\01-51A-1 ( � David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office CA14374 R-1 May 1, 2018 c ,i,_,-;-;i,. .,. 1 ,r8,-..x-_,„...?:„.i, „ gc.,_ ¢ij 4,;...,.. .z.,:i y,,z...........ev tiwti ..). CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate a Commonwealth Opportunity Fund Award of $700,000 to the City of Virginia Beach Development Authority MEETING DATE: May 15, 2018 • Background: LifeNet Health is a homegrown Virginia Beach company, which has been in operation for over 35 years. Its corporate headquarters is located at 1864 Concert Drive, and its mission is to improve the quality of human life through the provision of organs and tissue for transplantation. LifeNet Health serves the community by providing educational and support services. LifeNet Health is the largest freestanding organ and tissue bank in the United States, and it is a 501(c)(3), non- profit organization. LifeNet Health announced in 2017 its decision to expand into three additional locations in Virginia Beach (5733 Bayside Road, 2900 Sabre Street, and 1440 London Bridge Road). The project includes the creation of at least 321 new jobs and investment of $12.25 million over a 36 month period. Because Virginia Beach competed for this project with locations in Florida and Washington State, a $700,000 incentive award from the Commonwealth Opportunity Fund (COF) was requested and approved to help secure the expansion for Virginia Beach. In accordance with the Commonwealth Opportunity Fund payment procedures, the full $700,000 COF payment is sent to the City for appropriation to the Development Authority (VBDA), and the VBDA approves final disbursement to the company. • Considerations: The attached ordinance appropriates the $700,000 COF award from the Commonwealth of Virginia and sends these funds to the VBDA. The VBDA will administer the grant as required by the COF process and disburse the incentive grant payment to LifeNet Health. • Public Information: Normal City Council agenda processes. • Attachment: Ordinance; Award Letter from Virginia Economic Development Partnership; Disclosure Form Recommended Action: Approval Submitting Dep- + m: tUAgency: Economic Development City Manager: I ibi\I1 1 AN ORDINANCE TO APPROPRIATE A COMMONWEALTH 2 OPPORTUNITY FUND AWARD OF $700,000 TO THE CITY 3 OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $700,000 from the Commonwealth of Virginia by way of its Commonwealth 9 Opportunity Fund is hereby appropriated, with estimated state revenues increased 10 accordingly, to the City of Virginia Beach Development Authority in furtherance of the 11 purposes of the Commonwealth Opportunity Fund for a project that includes the creation 12 of 321 new jobs and an investment of $12.25 million over a 36-month period. 13 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0.71,) a. 51 Budget and Management ServicesKrel y orn y's ice CA14373 R-2 April 24, 2018 "I$ RECEIVED via. G VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP Fed�X Virginia P.O.Box 798 . 901 East Cary Street I 4 Yeslrcghiaers Richmond,Virginia 23218-0798 OA JAN 9 7018 BEST STATE FOR BUSINESS V 804-545-5600 .www.YesVirginia.org I 1�•(Yp CITY ATrnR.. EYY CITY OF V1k NIA BEACH January 18, 2018 Mr. Alexander W. Stiles Senior City Attorney p City of Virginia Beach 2401 Courthouse Drive,Room 260 Municipal Center,Building 1 Virginia Beach, Virginia 23456 Dear Mr. Stiles: Thank you for your efforts in bringing LifeNet Health to the City of Virginia Beach. The support of local economic developers,in cooperation with the Virginia Economic Development Partnership, is essential in bringing quality businesses to the Commonwealth. Please find enclosed the $700,000 check from the Commonwealth's Opportunity Fund to be used for LifeNet. As required by the performance agreement,LifeNet is required to submit annual progress reports on its employment and investment targets. The first of these reports is due April 1,2018,covering the period through the prior December 31 Your economic development team has done an outstanding job on this project. We look forward to working with you again in the near future to bring business to Virginia Beach and the Commonwealth. Thank you again,and keep up the good work. Sincerely, L4 4-01 �r Kimberly M. ± lt' Incentives Coordinator /kme Enclosure APPLICANT'S. NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of fi by City Property Conditions or Proffers Alternative Economic Developments Compliance,Special ` Investment Program Changes forming Use • Exception for (EbiPi Change Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application is to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(23 wee p or to any Page 1 of 7 Planning Commission and City Council meetina that ertains to the ..pcationts). cl 1 APPLICANT NOTIFIED OF HEARING _- DATE 0 .NO CHANGES AS OF DATE 1:1 REVISIONS SUBMITTED PATE + � c �L. s tth Gbeck here If the APPLICANT 1S NOT a corporation, partnership, '3tia, business,or other unincorporated organization. L^-! Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization, (A► List the Applicant's name:__Fi. J1ev` _ If an LLC,list all member's names: If a CORPORATION, list the the names of all officers,directors, members, ' trustees, etc:belouc (A tach list If necessary) • f 5t.t. AFp GcU3 i on U,.k'i-ovrita.m.e,v - (8) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) NIP► 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 Ap llcant. 0 Check here if the PROPERTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. Q 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 Warne: .? ��_<<� PGI.f\ . if an LLC, list the member's names: Page 2 of 7 If a Corporation, list:the names ofall officers, directors,members,trustees; etc. below, (Attach list If necessary) 0004) (B) List the businesses that have a parent=subsidiary.I or affiliated;business entity 2 .relationship-with the Property Owner:.(Attach list If necessary) r 'Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shams possessing more than 50 percent ofthe 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 iA one business entity has a controlling ownership interest In the other business entity,(II)a cors roliing 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 en affiliated business entity relationship include that;the same person or substantially the same person own or manage the two entitles;-there are common or commingled funds or assets: the business entities share the use of the same offices or employeet or otherwise share activities, resourcesor personnel on a regular basis; or there is otherwise a close working relationship between the entitles," See State and Local Government Conflict of Interests Act, Va,Code§ 2.2.8101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating pr tole'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 3of7 I''''n"4,-,..1' ' y 1 = k' `-7' ;14 .;.1,,---;,,,...4- IAt .a 'za ",. �A a 5 a t., —,...j.f _ e i^ , % I, ' s- -: . w .. - ,-i,j a kt L.- ,.. a .�....� "-"*'e ,- `5:s. f .v77,"' .. . ' 4� 7„ is " _ APPLICANT yrs - ;-4 �# 7- -23!+i4,- z ..-' � �,,,, - c .� -f r ter "'� PROVIDER t .y 1' . shells g YES NO SERVICE '•,!.1 t .. 5/ 0 Accounting and/or preparer of K C G your tax return g n Architect/Landscape Architect/ RwKc1, Lyc,ll t-J Land Planner •L y o,t� dtS i u,v�_ A�6hit d Contract Purchaser(If other than 0- Fa the Anpllcant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property ��--�� (Identify purchasers)and purchaser's service providers) 0 Construction Contractors 11v014v,l{k VC, ,A(5'VtiaSl.i Engineers/Surveyors/Agents Financing (include current a S mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 2 0 Legal Services VAlklaPoS Yl%U 1 k ' Real Estate Brokers/ at}- I 119e art P CS Ll Agents/Realtors for current and anticipated future sales of the C.V. CAd O, I S subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ J, 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 tithe nature of the interest? Page 4 of 7 „41.41, tird - 17,7,..**e 1171:3-P'4,47, vole- •••• ”•'" -•— • • 441%V.Aiii guimmobt mow that ail'of the information contained In this Disclosure Statement Form Is complete,true,and accurate: I understand that, upon receipt of notlficatiOn that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning commission, Council, VBDA meeting, or meeting of any public body or committee In connection With this Application. c—Thv c\rt-rk (kip' -Artkle‘s slOrtA, PRINT MNIE DAT Page of T - - - • - - 1 ,'" ' • " '7 -ra t • - -7-1:-.1r . • *z.nr iTA ' OWNER - I YES I NO SERVICE _ PROVIDER-le 4ilitVt4 D a' Accounting and/or preparer of your tax return Architect/Landscape ArChitect/ gj Land Planner Contract Purchaser Of her than D El the Alseliceet)-identify pdrcbaser and purchaser's service providers Any other pending or proposed D. D-i • purchaser of the subject property (Identify Purchas.er4)and . purchaser's service providers) Constructlo ardiac r!C 0 2 Engineers/Surveyors/Agents Financing(Include current and lenders CI selecrtgtear orholdersseia ng'considered to provide financing for acquIsitiOn or construction of the property) C:1 El Legal Services Real Estate Brokers/ El 10 Agents/Realtors for current and anticipated future sales of the subj_ect property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development D2 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 _ _ . 114 —717 s,sr,r A 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 providedherein two weeks prior to the Planning Commission, Council, VBBDA meeting, or meeting of any public body or committee In connection with this Application. }PROPERTY OWNER'S SIGNATURE PRINT NAME LUTE Page 7 of 7 LifeNetHHealth®Saving Lives.Restoring ar .Giving Hope. *Mind Kutz,Kutz, Esq. orporate Attorney AIL:Amanda kutz@lifenethealth.org � . =`. DIRECT: 757-609-4256 FAX: 757-609-4324 May 4, 2018 David Couch,CEcD Business Development Coordinator City of Virginia Beach Department of Economic Development 4525 Main Street, Suite 700 Virginia Beach, Virginia 23462 Re: Disclosure Statements for the Economic Development Investment Program Applications submitted by LifeNet Health for projects at(i) 1440 London Bridge Road ("London Bridge"), (ii) 5733 Bayside Road ("Bayside") and (iii)2900 Sabre Avenue("Sabre") Dear Mr. Couch: I write to confirm that the Disclosure Statements submitted with LifeNet Health's applications for the City of Virginia Beach Economic Development Investment Program for projects at London Bridge,Bayside and Sabre are still accurate with respect to the service providers listed. The LifeNet Health Board of Directors has changed since the applications were filed, and enclosed is an updated list of LifeNet Health's current Board of Directors. Please let me know if you have any additional questions. Sincerely, f, / Amanda L. Kutz Corporate Attorney cc: Gordon Berkstresser, CFO, LifeNet Health Enclosure 1864 Concert Drive, Virginia Beach, VA 23453 1-888-847-7831 Fax: 1-888-847-4832 www.LifeNetHealth.org Health® ( LifeNet Saving Lives.Restoring Health.Giving Hope. 2017/2018 BOARD OF DIRECTORS Rony Thomas Dr.Tim Pruett Pres/CEO 4341 E. Lake Harriet Parkway 1864 Concert Drive Minneapolis, MN 55409 Virginia Beach,VA 23453 Director Officer and Director Gordon Berkstresser Adam Landsman SEC/CFO P.O. Box 398106 1864 Concert Drive Cambridge, MA 02139 Virginia Beach,VA 23453 Director Officer Gerald M. Bowers, DDS, MS Honorable Norman Olitsky Vice Chairman 421 Bute Street 3540 Lansing Loop,Unit 101 Norfolk,VA 23510 Estero, FL 33928 Director Officer and Director John M. Herne,MD Thomas Mason Chairman 7524 Hampden Lane 517 Pembroke Ave. Bethesda,MD 20814 Norfolk,VA 23507 Director Officer and Director Ann Lange Jonathan Barton 5409 Shadowwood Drive 731 Watch Hill Road Virginia Beach,VA 23455 Midlothian,VA 23114 Director Director Linda Cross Dr. John Cardea 625 Casa Loma Blvd., Unit 601 13717 Hickory Mt. Pt. Boynton Beach, FL 33425 Midlothian,VA 23112 Director Director Dr. Lee Riley Dr. Lenneal Henderson,Jr. 211 Woodlawn Road 71 Eagle Bluff Drive Baltimore, MD 21210 P.O. Box 280 Director Claremont, VA 23899 Director 1864 Concert Drive. Virginia Beach, VA 23453 1-888-847-7831 G Fax: 1-888-847-4832 www.LifeNetHealth.org itTs z� til Y --,,:,:.:....-- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 5-311 to the City Code Pertaining to Pet Shops that Sell Dogs MEETING DATE: May 15, 2018 • Background: The 2018 Virginia General Assembly recently adopted 2018 House Bill 877, which proposed that a Section 3.2-6513.1 be added to the Virginia Code requiring pet shops that sell dogs to maintain certain written records about each dog for sale and their history. The new law also mandates that signage be posted near the cages of dogs in the public sales area of the pet shop indicating that such reports are available to prospective buyers prior to purchase and that the records be maintained for a two-year period after the date of sale of the dog. • Considerations: The proposed addition to the City Code will mirror the recent upcoming addition of Virginia Code § 3.2-6513.1. This ordinance will be effective July 1 , 2018, which is the effective date of the new state law. A violation of this provision is a Class 4 misdemeanor in accordance with City Code § 5-100 and Virginia Code § 3.2- 6587. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance. Requested by Councilmember Davenport 1 Requested by Councilmember Davenport 2 3 AN ORDINANCE TO ADD SECTION 5-311 TO 4 THE CITY CODE PERTAINING TO PET 5 SHOPS THAT SELL DOGS 6 7 SECTION ADDED: § 5-311 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 5-311 is hereby added to the Code of the City of Virginia Beach and 13 ordained to read as follows: 14 15 Sec. 5-311. — Pet shops; posting of information about dogs. 16 17 Laj Any pet shop, as the term is defined in Virginia Code § 3.2-6500, that sells dogs 18 shall place a clear and conspicuous sign near the cages in the public sales area 19 stating "USDA APHIS Inspection Reports Available Prior to Purchase." The sign 20 shall be no smaller than 8 and one-half inches high by 11 inches wide, and the 21 print shall be no smaller than one-half inch. 22 23 )Any pet shop that sells dogs shall maintain for each dog in its possession a written 24 record that includes the following information: 25 (1) The breed, age, and date of birth of the dog, if known; 26 (2) The sex, color, and any identifying marks of the dog; 27 (3) Any additional identifying information, including a tag, tattoo, collar number, 28 or microchip; 29 (4) Documentation of all inoculations, worming treatments, and other medical 30 treatments, if known, including the date of the medical treatment, the 31 diagnosis, and the name and title of the treatment provider; 32 (5) For a dog obtained from a breeder or dealer: (i) the state in which the 33 breeder, and if applicable, the dealer are located; (ii) the U.S. Department of 34 Agriculture license number of the breeder and, if applicable; (iii) the dealer; 35 the final inspection reports for the breeder and, if applicable, the dealer, 36 issued by the U.S. Department of Agriculture from the two years immediately 37 before the date the pet store received the dog; and (iv) the facility where the 38 dog was born and the transporter or carrier of the dog, if any; 39 (6) For a dog obtained from a public animal shelter, the name of the shelter; and 40 (7) For a dog obtained from a private animal shelter or humane society, the 41 name of the shelter or organization and the locality in which it is located. 42 ) Any pet shop that sells dogs shall maintain a copy of the written record required by 43 subsection (b) for at least two years after the date of sale of the dog and shall 44 make such record available to the Office of the State Veterinarian upon 45 reasonable notice, to any bona fide prospective purchaser upon request, and to 46 the purchaser at the time of sale. Any such pet shop shall transmit the information 47 required by subdivisions (b) (5), (6), and (7) to the local animal control officer upon 48 request. 49 This ordinance shall be effective July 1, 2018. 50 51 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 52 day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Faz,;t7i e • Elizaeh Bradley DDeJarnette City ttorney's Office CA14362 R-1 May 8, 2018 L. RECONCILED PROPOSAL—FY2018-19 RESOURCE MANAGEMENT PLAN SUBPART 1 —ORDINANCES TO SUPPORT THE OPERATING BUDGET: 1. Ordinance to APPROPRIATE $2,009,080,703 for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019, re operations 2. Ordinance to ESTABLISH the Tax Levy on Real Estate for Fiscal Year 2019 3. Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2019 4. Ordinance to DECLARE as SURPLUS $8-Million of funding within the Sandbridge Tax Increment Financing District re FY2017-18 Operating Budget 5. Resolution to AUTHORIZE the 2019 Employee and Retiree Health Insurance Plans 6. Ordinance to AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 7. Ordinance to AMEND City Code Sections 35-64 and 35-67 re exemption or deferral of Real Estate Taxes for Elderly or Disabled Persons 8. Ordinance to AMEND City Code Section 35-159 to EXTEND the Sunset of the Flat Room Rate and REMOVE the Sunset of 0.5%re Tax on Transients Obtaining Lodging 9. Ordinance to further DESCRIBE the uses of the Agriculture Reserve Program(ARP) Special Revenue Fund 10. Ordinance to AMEND City Code Section 8-31 re Building Permits and Plan Review Fees 11. Ordinance to AMEND City Code Sections 6-138 and 6-152.5 re Waterfront Construction and Dredging Fees 12. Ordinance to AMEND Floodplain Ordinance Section 6.3 of Appendix K re Variance Fee 13. Ordinance to AMEND Chesapeake Bay Preservation Area(CBPA) Ordinance Section 110 of Appendix F re Variance Fee 14. Ordinance to AMEND the City Code Section 2-83 re Flexible Holidays 15. Ordinance to AMEND the City Code Section 2-83 re Designate Christmas Eve a City Holiday 16. Ordinance to AMEND the City Code Section 32.5-2 re Equivalent Residential Unit (ERU) Fee SUBPART 2—ORDINANCES TO SUPPORT THE CAPITAL BUDGET: 1. Ordinance to ADOPT the FY 2019/FY 2024 Capital Improvement Program (CIP) and APPROPRIATE $394,745,267 for the FY 2019 Capital Budget, subject to funds being provided from various sources set forth herein 2. Ordinance to AUTHORIZE the Issuance of General Obligation Public Improvement Bonds in the maximum amount of$72,208,245 re various public facilities and general improvements 3. Ordinance to AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds in the maximum amount of$30,077,004 4. Ordinance to REALIGN Revenues of the Roadways Capital Improvement Projects (CIP) from various sources set forth herein SUBPART 3 —ORDINANCES TO SUPPORT THE PLANNING OPERATING BUDGET: 1. Ordinance to AMEND City Zoning Ordinance(CZO) Section 107 re fees for Rezoning, Conditional Rezoning, and Modification to a Conditional Rezoning 2. Ordinance to AMEND City Zoning Ordinance(CZO) Section 106 re fee for an Appeal to the Board of Zoning Appeals for Residential and Commercial Properties 3. Ordinance to AMEND City Zoning Ordinance(CZO) Section 107.1 re fees for Alternative Compliance in certain Districts 4. Ordinance to AMEND City Zoning Ordinance(CZO) Section 221 re fees for Conditional Use Permits and Modifications to Conditional Use Permits 5. Ordinance to AMEND City Zoning Ordinance(CZO) Section 105 re fee for the Enlargement, Extension or Conversion of a Nonconforming Use 6. Ordinance to AMEND Section 8.3 of Appendix B Subdivision Regulations re fee for Subdivision Variance 7. Ordinance to AMEND City Code Section 33-111 re fee for Vacation of a Street or Alley 8. Ordinance to AMEND City Zoning Ordinance(CZO) Section 1403 re fees for Wetlands Permits and Deferrals 9. Ordinance to AMEND City Zoning Ordinance(CZO) Section 1603 re fees for Coastal Primary Sand Dune Permits, Sand Management Permits and Deferrals au ei'+, ^•4t' ~ H` CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: The FY 2018-19 Operating Budget and Capital Improvement Program (CIP) Related Ordinances MEETING DATE: May 15, 2018 • Background: On March 27, 2018, the City of Virginia Beach FY 2018-19 Proposed Resource Management Plan, which includes the Operating Budget and Capital Improvement Program, was presented to City Council. The City held a public hearing on April 25th to provide the public the opportunity to comment on the proposed Resource Management Plan. On May 1st, a separate public hearing regarding an effective tax increase was also held, which allowed further comment on the Real Estate tax rate in the proposed Resource Management Plan. City Council held budget workshops on April 3rd, April 10th, April 17th, April 24th, May 1st and May 8th • Considerations: At the May 8th City Council workshop, the Mayor and Vice Mayor presented a letter proposing various amendments to the City Manager's Proposed budget. After further discussion, the Mayor and Vice Mayor's letter was revised to include three additional changes made by City Council. The Proposed Resource Management Plan has been amended with all of the revisions included in this letter, dated May 9, 2018. A copy of this letter including all of these changes is attached. These changes are reflected in the following ordinances provided for consideration and approval to implement the FY 2018-19 Operating Budget and Capital Improvement Program. Ordinances that support the Operating Budget: 1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2018 and Ending June 30, 2019 in the Sum of$2,009,080,703 for Operations 2. An Ordinance Establishing the Tax Levy on Real Estate For Fiscal Year 2019 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2019 4. An Ordinance to Declare $8,000,000 of Funding Within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2017-18 Operating Budget 5. A Resolution Regarding the City's 2019 Employee and Retiree Health Insurance Plans 6. An Ordinance to Authorize the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development 7. An Ordinance to Amend Sections 35-64 and 35-67 of the City Code Pertaining to the Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons 8. An Ordinance to Amend Section 35-159 of the City Code Pertaining to Tax on Transients Obtaining Lodging to Extend the Sunset of the Flat Room Rate and Remove the Sunset of 0.5% 9. An Ordinance to Further Describe the Uses of the Agriculture Reserve Program Special Revenue Fund 10.An Ordinance to Amend Section 8-31 of the City Code Provisions Pertaining to Fees for Building Permits and Plan Review 11.An Ordinance to Amend Sections 6-138 and 6-152.5 of the City Code Pertaining to Fees for Waterfront Construction and Dredging 12.An Ordinance to Amend Section 6.3 of Appendix K, Floodplain Ordinance Pertaining to the Fee for a Variance 13.An Ordinance to Amend Section 110 of Appendix F, Chesapeake Bay Preservation Area Ordinance Pertaining to the Fee for a Variance 14.An Ordinance to Amend the City Code Pertaining to Flexible Holidays 15.An Ordinance to Amend the City Code Pertaining to City Holidays to Make Christmas Eve a Holiday 16.An Ordinance to Amend the City Code Pertaining to the Equivalent Residential Unit (ERU) Fee Ordinances to Support the Capital Budget: 17.An Ordinance to Adopt the FY 2019/FY 2024 Capital Improvement Program and to Appropriate $394,745,267 for the FY 2019 Capital Budget Subject to Funds Being Provided From Various Sources Set Forth Herein 18.An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $72,208,245 for Various Public Facilities and General Improvements 19.An Ordinance Authorizing the Issuance of Storm Water Utility System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $30,077,004 20.An Ordinance to Realign Revenues of the Roadways Capital Improvements Projects from Various Sources Set Forth Herein Ordinances to Support the Planning Operating Budget: 21.An Ordinance to Amend Section 107 of the City Zoning Ordinance Pertaining to the Fees for a Rezoning, Conditional Rezoning and Modification to a Conditional Rezoning 22.An Ordinance to Amend Section 106 of the City Zoning Ordinance Pertaining to the Fees for an Appeal to the Board of Zoning Appeals for Residential and Commercial Properties 23.An Ordinance to Amend Section 107.1 of the City Zoning Ordinance Pertaining to the Fees for Alternative Compliance in Certain Districts 24.An Ordinance to Amend Section 221 of the City Zoning Ordinance Pertaining to the Fees for Conditional Use Permits and Modifications to Conditional Use Permits. 25.An Ordinance to Amend Section 105 of the City Zoning Ordinance Pertaining to the Fee for the Enlargement, Extension or Conversion of a Nonconforming Use 26.An Ordinance to Amend Section 8.3 of Appendix B, Subdivision Regulations Pertaining to the Fee for Subdivision Variances 27.An Ordinance to Amend Section 33-111 of the City Code Pertaining to the Fee for Vacation of a Street or Alley 28.An Ordinance to Amend Section 1403 of the City Zoning Ordinance Pertaining to the Fees for Wetlands Permits and Deferrals 29.An Ordinance to Amend Section 1603 of the City Zoning Ordinance Pertaining to the fees for Coastal Primary Sand Dune Permits, Sand Management Permits and Deferrals • Public Information: Two public hearings were held concerning the Operating Budget and Capital Improvement Program. Information on these ordinances was disseminated to the public through the publication of the Proposed Operating Budget and Capital Improvement Program documents which were available for public review at the Central Library, City Hall and on the City's web site. In addition, the ordinances are advertised through the normal Council agenda process, including the advertisement of the City Council agenda. In accordance with the City Charter and State law, a series of public notices appeared in the Beacon on April 1st, April 8th and April 15th. • Recommendations: It is recommended that all the attached ordinances implementing the FY 2018-19 Operating Budget and Capital Improvement Program be approved. • Attachments: Letter from the Mayor concerning Reconciliation of the FY 2018- 19 Operating and Six Year Capital Improvement Program, including Revised Project Detail Sheets FY 2018-19 Operating Budget and Capital Improvement Program Ordinances Recommended Action: Approval of Ordinances Submitting Department/Agency: Department of Budget and Management Services '/1\ City Manager. \� %Pt oc -at City of Virgi a Beach U c• c r •tts 5 0� OUR NA1w0N VBgov.com Lours R.JONES MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 May 9, 2018 (757)385-4581 FAX(757)426-5699 WSESSOMS0VBGOV.COM Members of City Council Subject: FY 2018-19 Operating Budget and CIP Reconciliation (edited as required by City Council) Dear City Council Members: Since March when the City Manager's Proposed Operating Budget and Capital Improvement Program (CIP) were first presented, we have worked diligently as a body to finalize a budget that addresses community priorities. We can be proud of the work that we have accomplished together to reach this point in the process. Before we outline the amendments to the City Manager's Proposed Operating Budget and CIP, we should highlight what this budget and our amendments accomplish for our citizens and employees: • Provides a 2%pay increase for City and School employees. • Eliminates the 100 proposed increase in the Personal Property Tax, which ensures our Real Estate and Personal Property tax rates remain the lowest in the region. • Eliminates the proposed $1 increase in the monthly solid waste management fee, the proposed 100 increase in the cigarette tax rate, the proposed $2 increase in the automobile license fee, and eliminates the previously adopted 2.50 per day increase in the storm water ERU rate effective July 1, 2018 • Addresses compression in our public safety departments and throughout the organization. • Adds a workforce development program for the Police Department which will improve recruiting and retention through a new 3-year step increase subject to performance and training accomplishments. • Reduces class size and continues the expansion of full day kindergarten. • Continues Investment in biomedical and initiates investment in cyber security. • Provides TIP funding for Entertainment District projects to keep Virginia Beach a competitive tourist destination. • Retains the Agricultural Reserve Program for the annual acquisition of 300 acres, while also contributing $990,000 annually to combat storm water issues in the southern watershed. • Invests in public safety adding positions in Police, Fire, and EMS. • Provides needed resources for opening of the Housing Resource Center. • Invests in needed infrastructure like schools, roadways, storm water, and information technology. After lengthy discussions with you and listening to the public input at the various public meetings, town halls, public hearings and via email, it is recommended that the Operating Budget and CIP be adopted with the following adjustments: 1. Reduce the proposed Personal Property tax rate by 100 from $4.10 to $4.00. This will result in a decrease of General Fund revenue in the amount of$1,869,023. -All 2. In order to partially offset the decrease in Personal Property Tax Revenue, the following reductions are recommended by the City Manager: • Eliminate the new Resource Management Captain in the Fire Department (-$78,797) • Add five police officers and two positions for the Workforce Development Program (see item 13 of this letter) instead of the 10 officers included in the City Manager's proposed budget (-$534,753) • Eliminate the ERP support position in the Finance Department (-$97,407) • Reduce the number of FTEs allocated to the new Environmental Management Office from three to two (-$100,000) • Reduce the FY 2018-19 appropriation to CIP 3-695 "21St Century ERP" (-$375,000) —please note that this amount has been moved to FY 2019-20 • Reduce the FY 2018-19 appropriation to CIP 3-157 "Facilities Planning Services" (-$50,000) • Reduce the FY 2018-19 appropriation to CIP 9-081 "Strategic Growth Area Projects" (-$50,000) 3. Eliminate the $1 per month increase in the solid waste collection fee. Instead, the TIP fund will make a one-time contribution of$1,476,000 to assist with recapitalization of the fleet within the Waste Management Fund. This will result in the reduction of$1,476,000 in the TIP Fund Reserve for Future Commitments, resulting in a decrease in the projected fund balance of the TIP Fund. -All 4. Eliminate the 100 per pack increase in the Cigarette Tax. This will result in a decrease of General Fund revenue in the amount of$1,547,980. -All 5. Eliminate the $2 increase in the Automobile License Fee. This will result in a decrease of General Fund revenue in the amount of$768,380. -All 6. In order to offset the loss of revenue with the elimination of the 100 increase in the Cigarette tax and the $2 increase in the Automobile License Fee, establish a negative compensation reserve of$2,290,379 in the General Fund, which will be attributed to attrition. -All 7. Eliminate the previously adopted 2.50 per day increase in the Storm Water ERU rate effective July 1, 2018, which reduces revenue in the Storm Water Utility Enterprise Fund by $2,290,379 (All). In order to offset this decrease in revenue in the fund, the following reductions are recommended by the City Manager: • Eliminate the two new positions and associated operating costs for the Storm Water Center of Excellence (-$335,680) • Eliminate the three new positions and associated operating costs for the Surface Water Regulatory Division (-$483,667) • Eliminate the one new position and associated operating costs for the Storm Water Permit Data Management(-$94,967) • Eliminate one Storm Water Construction Inspector and associated operating costs (-$100,545) • Eliminate the two new positions and associated operating costs for the Storm Water Management Facilities/Environmental Maintenance Crew (-$725,832) • Reduce the Storm Water Utility Fund Reserve for Future Commitments by$425,001 • Reduce the Storm Water Utility Fund Compensation Reserve by$124,687 8. Increase Interest Income in the General Fund by $233,133. This is a result of revised projections due to additional months of realized revenue which were not available at the time this revenue was initially estimated. 9. With the completion of the General Obligation Bond sale on March 13, 2018 and the Public Facility Revenue Bond Sale on March 28, 2018, interest rates were lower than projected, and thus the amount needed to meet debt service requirements in the General Fund in FY 2018-19 is reduced by$858,763. 10. Increase "State Aid to Localities with Police Departments" (599 funding) by $417,670. The City has revised its projection for this revenue based on the State's proposed FY 2019 budget. The Code of Virginia provides for financial assistance to localities with police departments that meet or exceed certain criteria through the "599" program. 11. An amount up to $3 million dollars is authorized to address vertical and horizontal compression (attached is the latest compression calculation).This amount will be offset with savings from attrition and position vacancies. Language will be included in the budget ordinance that authorizes the City Manager or his designee to transfer savings in salary or fringe benefit accounts among departments in any amount to accomplish this purpose notwithstanding other budgetary controls outlined in the ordinance. This will reduce the City's June 30, 2018 Projected Undesignated Fund Balance to approximately 9.7% of FY 2018-19 revenue. -All 12. Add $180,000 to provide an annual stipend for Firefighters that hold an Advanced EMT certification. This stipend will be provided to Firefighters who have acquired the necessary skills and training to provide basic and limited advanced emergency medical care for critical and emergent patients who access the emergency medical system. -Jones and Wood 13. Add $300,000 and authorize two additional FTEs in the Police Department to implement the Workforce Development Program. This program will allow Police Officers who have completed a certain set of criteria, to receive a 5% salary increase once they have completed three years of service with the Police Department. With the completion of additional criteria necessary to achieve the rank of Master Police Officer, an additional 5% salary increase can be achieved after three additional years of service (total of six years of service). Currently, Officers must achieve the requirements of the position and complete six years of service before they are eligible for a career progression to the rank of Master Police Officer. An additional position (1 FTE) will be added in the FY 2019-20 budget for the continued implementation of this program if required. -Jones and Wood 14. Modify 1.7 part-time Psychiatrist FTEs in the Human Services Department to one full-time Psychiatrist and a 0.25 part-time Psychiatrist position (total of 1.25 FTEs). On March 20, 2018, City Council adopted an ordinance to make this change in the department's FY 2017- 18 operating budget; however, due to the timing of that ordinance in relation to the drafting of the City Manager's Proposed Budget, the Proposed Budget reflects the part-time 1.7 Psychiatrist FTEs. As with the ordinance adopted in March, this adjustment in the FY 2018- 19 operating budget is cost neutral. -Kane 15. In order to comply with new United States Department of Defense security requirements, which prohibit unauthorized visitors to the Joint Expeditionary Base (JEB) from driving personal vehicles on to the base, add $210,857 to the Tourism Investment Program (TIP) Fund for the purchase of two 12-passenger shuttle buses and related operating costs for the Preservation Virginia Cape Henry Landmarks/Fort Story Shuttle Grant. The City, Preservation Virginia and JEB Command staff have developed this option for addressing the new security mandates while also continuing to provide public access to the Preservation Virginia-owned original lighthouse and First Landing monuments across the street. Preservation Virginia will fund the operators for these shuttles and when not in use for this purpose, the shuttle buses will be utilized by the Convention and Visitors Bureau for tourism and Convention Center related activities. In order to offset this increase, the TIP Fund Reserve for Contingencies will be reduced by the same amount. - Wilson and Uhrin 16. Add $105,000, including one FTE, to the operating budget of EMS for the establishment of a City Paramedicine program. The purpose of this program is to provide proactive medical services to individuals who frequently call upon the City's emergency medical resources for routine medical assistance. -Jones and Wood 17. Add $50,000 to the Convention and Visitor's Bureau to support marketing and advertising efforts for the 2019 induction ceremonies for the Virginia Sports Hall of Fame and to help solidify the Hall of Fame's presence at Town Center. - Wood, Dyer, and Davenport 18. Based on input from the Agricultural community, restore the dedication of the Real Estate tax to the Agricultural Reserve Program (ARP) from 0.150 to 0.90. In FY 2018-19, this will restore $4.1 million in real estate tax in the ARP and reduce the same amount from the General Fund. The $4.1 million to the ARP is reallocated for operating costs (including 1.48 FTEs) in the Agriculture Department, debt service, and a $990,000 transfer to the Storm Water section of the CIP. It also reduces $513,719 in specific fund reserves in the ARP. Likewise, $4.1 million of real estate tax revenue will be reduced from the General Fund, with a reduction of General Fund support for the operating expenditures in the Agriculture Department (including the 1.48 FTEs) and a $3.9 million reduction in the transfer from the General Fund to the CIP. -Henley In order to ensure that the Southern portion of the City has adequate resources to combat storm water issues, the Agricultural reserve program will provide $990,000 a year to CIP 7- 024 "Southern Canal/Lead Ditch and Culvert Improvements" ensuring that an annual appropriation of$1,390,000 will be programmed in that project. A one-time contribution of $1.5 million in ARP Fund Balance to CIP 7-047 "Ashville Park Drainage Improvements" is also included. A copy of the updated project detail sheets is attached. -Henley 19. Current Funding for Sister Cities is $21,000 ($12,000 for stipends and $9,000 for operating expenses and receptions). Sister Cities has submitted a modified budget to redirect the stipends to help cover some of the travel costs and program costs. They require an additional $20,500 to adequately fund their expanding programs and international agenda. - Wood 20. Add $21,000 to the Human Resources Department operating budget for the City's Human Rights Commission to fund additional commissioner memberships, professional development of commissioners, travel for the City coordinator, and marketing and promotion of the Commission. —Kane and Dyer 21. In order to incorporate the budget amendment adopted by the Virginia Beach School Board on April 24, 2018, reduce the City Manager's Reserve in the School Budget by $558,063 and add $275,000 to the Schools Operating Budget to enhance landscape management frequencies at School owned properties and add $283,063 and authorize 4.0 Behavior Interventionist positions in the Office of Student Support Services. The $558,063 is funding associated with additional revenue calculated in the City/School Revenue Sharing Formula that was not included in the School's adopted operating budget. -School Board 22. Add $250,000 to the Non-Departmental Budget for the purpose of providing a 10-year, interest free loan to the Green Run/Princess Anne Little League. The purpose of this loan is to assist the League with the build out of their complex to include utilities, bathrooms, a snack bar, parking, and bleachers. -Kane 23. Increase CIP 9-041 "Virginia Beach Sports Center" by $3 million, bringing the FY 2018-19 appropriation to that project to $54 million and the total City portion of the project to $58 million. In order to offset this increase in the Sport Center project, a reduction of$3 million will be made from CIP 9-045 "Central Beach and Convention Districts Parking" bringing the FY 2018-19 appropriation to that project to $7 million. - Uhrin 24. In order to provide greater clarity to the scope of several capital projects, the following project scopes are amended as follows: a. For CIP 2-138 "Atlantic Avenue Reconfiguration" add a sentence at the end of the Description and Scope that states "The acquisition of necessary property and easements is authorized but limited to the current funding appropriated." No additional appropriation is required. — Hansen (An updated project detail sheet is attached reflecting this revision). b. For CIP 7-047"Ashville Park Drainage Improvements" the title, project language, and schedule are amended to reflect current funding for Phase 1 per the attached project detail sheet. - Moss and Henley (An updated project detail sheet with additional clarifying language is attached). 25. Add $50,000 in FY 2019-20 to CIP 9-008 "Historic Kempsville" for Kempsville CAC streetscape improvements. This project increase will be supported by an increase in General Fund pay-go. -Abbott The details for the funding sources and the adjustments are identified on the attachments. I want to thank the public who came out to the various town hall meetings and public hearings to offer their comments on the FY 2018-19 Operating Budget and CIP as well as staff for their efforts to provide answers to our various questions. If you have any questions, please contact me directly. Sincerely, ,/ Louis R. Jones, Mayor Jam ood,Vice Mayor Attachments Operating Budget Changes Item on Letter Description Fund Revenue Appropriations FTE 1 Reduce Personal Property Tax Revenue GF (1,869,023) 2 Eliminate Resource Management Captain(Fire Department) GF (78,797) -1.0 2 Reduce New Police Officer Positions from 10 to 5(Police Department) GF (534,753) -5.0 2 Eliminate ERP Support Position(Finance Department) GF (97,407) -1.0 2 Reduce one position to Environmental Management Office(Public Works) GF (100,000) -1.0 2 Reduce the General Fund Transfer to the CIP GF (475,000) 3 Eliminate$1 per month Waste Management Collection Fee WM (1,476,000) 3 Increase Revenue in Wate Management Enterprise Fund-Transfers WM 1,476,000 3 Increase TIP Fund Transfer to Waste Management Enterprise Fund TIP 1,476,000 3 Reduce TIP Fund Reserve for Future Commitments TIP (1,476,000) 4 Eliminate the 10C per pack increase in the Cigarette Tax Rate GF (1,547,980) 5 Eliminate the$2 Automobile License Fee GF (768,380) 6 Establish a Negative Compensation Reserve GF (2,316,360) 7 Eliminate the previously adopted 2.5C per day ERU rate increase SWU (2,290,379) 7 Eliminate new positions for Storm Water Center of Excellence SWU (335,680) -2.0 7 Eliminate new positions for ther Surface Water Regulatory Division SWU (483,667) -3.0 7 Eliminate new position for Storm Water Permit Data Management SWU (94,967) -1.0 7 Eliminate new position for Storm Water Construction Inspections SWU (100,545) -1.0 Eliminate new positions for Storm Water Management 7 Facilities/Environmental Maintenance Crew SWU (725,832) -2.0 7 Reduce Storm Water Utility Fund Reserve for Future Commitments SWU (425,001) 7 Reduce Storm Water Utility Fund Compensation Reserve SWU (124,687) 8 Increase Interest Income GF 233,133 9 Decrease General Fund Debt Service GF (858,763) 10 Increase 599 Funding GF 417,670 12 AEMT Stipend for Firefighters GF 180,000 13 Police Department Workforce Development Program GF 300,000 2.0 14 Reduce Part-Time Psychiatrist Position in Human Services GF (270,309) -1.7 14 Add Full-Time Part-Time Psychiatrist Positions in Human Services GF 270,309 1.25 15 Preservation Virginia Cape Henry Landmarks/Fort Story Shuttle Grant TIP 210,857 15 Reduce Reserve for Future Commitments TIP (210,857) 16 Community Paramedicine Program GF 105,000 1.0 17 Virginia Sports Hall of Fame GF 50,000 18 Reduce Real Estate Tax Revenue in the General Fund GF (4,128,248) 18 Reduce Revenue in Capital Projects Funds CIP (3,395,557) 18 Reduce the General Fund Transfer to the CIP GF (3,910,557) 18 Reduce Appropriation to Capital Project Funds CIP (3,395,557) 18 Reduce General Fund Operating Costs in the Agriculture Department GF (217,691) -1.48 18 Increase Real Estate Tax Revenue in the Agricultural Reserve Program ARP 4,128,248 18 Reduce Specific Fund Reserves in the Agricultural Reserve Program ARP (513,719) 18 Increase Operating Costs in the Agricultural Reserve Program ARP 217,691 1.48 18 Increase the Transfer from the Agricultural Reserve Program to the CIP ARP 990,000 18 Increase Debt Service in the Agricultural Reserve Program ARP 2,406,838 19 Increase Contribution to Sister Cities GF 20,500 20 Human Rights Commission GF 21,000 21 Reduce City Manager Reserve School OF (558,063) 21 Increase Landscape Management School OF 275,000 21 Behavior Interventionists-Office of Student Support Services School OF 283,063 4.0 22 Loan to Green Run/Princess Anne Little League GF 250,000 CIP Changes Item on Letter ATD FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 Appropriation Changes CIP 3-695 21st Centu ERP 2 - 375,000) 375,000 - - - - CIP 3-157 Facilities Planning Services 2 - (50,000) - - - - - CIP 9-081"Strategic Growth Area Pro'ects 2 - (50,000) - - - - - 7-041 Central Resort District Drainage Improvements 18 - (1,500,000) (4,000,000) - - - - 7-413 Neighborhood SW Infrastructure Im.rovementsll 18 - 410,557) (39,596) (100,000) (600,000) (600,000) (600,284) 7-024 Southern Canal/Lead Ditch and Culvert lm.rovements 18 - 990,000 990,000 916,872 779,610 637,581 490,936 7-055 Canal Management Phase I 18 - (500,000) (1,000,000) (2,000,000) (1,500,000) (1,5(30,000) (1,500,000) 7-151 Eastern Shore Drive Drainage Phase I 18 - - 1,000,000 - - - - 7-005 North lake Holl Watershed 18 - - - (2,000,000 - - - 7-414 Storm Water Quality Enhancements II 18 - - - 300 - - - 7-053 Lake Bradford/Chubb Lake 18 - - - - (2,000,000) (2,000,000) (2,000,000) 9-041 Vir:inia Beach S.orts Center 23 - 3,000,000 - - - - - 9-045 Central Beach and Convention Districts Parkin: 23 - (3,000,000) - - - - - 9-008 Historic Kempsville 25 - 50,000 - - - - Total CIP Appropriation Changes: (1,895,557) (2,624,596) (3,182,828) (3,320,390) (3,462,419) (3,609,348) Revenue Changes Federal Revenue 7-041 Central Resort District Draina:e Im.rovements 18 (1,500,000) - - - - - Federal Revenue 7-047 Ashville Park Draina:e Im.rovements 18 1,500,000 - - - - - ARP Fund Balance 7-047 Ashville Park Draina:e Improvements 18 1,500,000 - - - - - General Fund Pa -as- ou-Go 2,18,25 (4,385,557) (3,614,596) (4,172,828) (4,310,390) (4,452,419) (4,599,348) ARP Pa -as- ou-Go 18 990,000 990,000 990,000 990,000 990,000 990,000 Total CIP Revenue Changes: (1,895,557) (2,624,596) (3,182,828) (3,320,390) (3,462,419) (3,609,348) City of Virginia Beach FY 2019 thru FY 2024 Capital Improvement Program Project: 7024000 I Title:Southern Canal/Lead Ditch and Culvert Improvements Status:Proposed Category: Storm Water Department:Public Works Ranking:FC-10 Project Type Project Location Project Type: Rehabilitation/Replacement District:Princess Anne Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding To Date FY 2019 f 202u FY 2021 FY 2022 FY 2023 FY 2024 Future Funding 10,690,000 2,350,000 1,390,000 1,390,000 1,390,000 1,390,000 1,390,000 1,390,000 0 Description and Scope This project is for the design and construction of drainage improvements to canals/lead ditches,culverts,and roadways located in the southern watersheds.The improvements are generally located in the Mill Dam Creek,Blackwater Creek,Oakum Creek,Beggars Bridge Creek,and Nawney Creek Watersheds. Purpose and Need It has been over fifty years since the original construction of these systems.The systems'reduced capacity to accommodate the ten-year storm events may impact public safety. History and Current Status This project first appeared in the FY 2001-02 CIP,as project 7-003 Southern Canal/Lead Ditch Restoration Study,at a budgetary cost estimate of $700,000.It was divided into multiple phases that provide recommended incremental improvements to the southern drainage system.The construction of Phase I(Oakum Creek Culverts)was completed in July 2010.Phase II addressed undersized pipes and channel clearing for crossing Crags Causeway(2015),Head River Road(2015)and Indian Creek Road(2016).Construction is timed to avoid inconvenience to the agricultural community and residents(roadway detours in the southern end of the City can be more significant). The next phase addresses undersized pipes and ditches in the Charity Neck Road and Pleasant Ridge Road area.In FY 2019 this project began receiving$990,000 annually from the Agricultural Reserve Pro:ram to help fund future draina:e improvements in the southern area of the City. Operating Budget Impacts Project Map Schedule of Activities Project Activities From-To Amount �•:,.s r -r� a`, a.A ""° ; a i Design 10/01-12/24 1,600,000 Legend �s f Private Utility Adjustments 11/03-12/24 500,000 � � Construction 03/10 12/24 7,490,000 C` Proposed j Contingencies 07/01 12/24 1,100,000 CulverCompleted Culvert h n 11) ,�i $ - y c, it :ik i1., ! ' . Total Budgetary Cost Estimate: 10,690,000 Means of Financing i • Funding Subclass Amount 6 �g Local Funding 10,690,000 I"`- \moo feeW+"" ✓ 1 I- iAa r CO iIt M � y petDitch And Culvert Improvements 'f,'4i` Total Funding: 10,690,000 GovMax V5 1 5/7/2018 City of Virginia Beach,Virginia Fiscal Years 2018-19 through 2023-24 Capital Improvement Program Project:7047000 (Title:Ashville Park Drainage Improvements Phase I I Status:Proposed Category:Storm Water Department:Public Works Project Type Project Location Project Type: New Facility Construction/Expansion District:Princess Anne Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Funding 12,000,000 2,000,000 6,000,000 4,000,000 0 0 0 0 0 Description and Scope A top priority for City Council is the management and planning of programs as they relate to areas of the City which experience recurrent flooding.Ashville Park neighborhood drains through 15 on site interconnected BMPs to Ashville Bridge Creek and then to Muddy Creek and ultimately into Back Bay.This project is for Phase I which includes design,property acquisition,and construction of stormwater drainage improvements necessary to improve roadway flooding and eliminate residential structural flooding in the Ashville Park neighborhood.The drainage improvements include,three new BMPs,expansion of an existing BMP,two new channels,stabilization and maintenance of existing ditches,a storm water pump station,a new weir that controls the water surface elevations within the entire drainage system as well as the rate of storm water discharge,and ditch and culvert improvements associated with raising Sandbridge Road at the New Bridge Road intersection. Purpose and Need During intense rainfall events and windblown tidal events that are accompanied with moderate rain events,Ashville Park experiences wide spread flooding.During severe rainfall events including three in 2016(Tropical Storm Hermine Sept.1,2016;Tropical Storm Julia Sept.19, 2016;Hurricane Matthew Oct.2016)residential structural flooding was experienced.Additionally,extreme roadway flooding occurred which made the neighborhood roads impassable.For several days,residents could neither enter nor leave their neighborhood.This project will improve stormwater management within the neighborhood to relieve the wide spread flooding.Public Works has completed a drainage study which evaluated potential drainage improvements which were used to scope this project.This project is divided into multiple phases. The next phase will include improvements to neighborhood stormwater inlets and piping,additional canals and storage BMPs and improvec capacity to convey stormwater to Ashville Bridge Creek. History and Current Status This project first appeared in the FY 2017 18 CIP.The Stormwater Model has been completed for the project and initial design is underway for the first phase of drainage improvements.Should a cost participation agreement for this project be approved by City Council it will be recommended that those funds be used to mitigate the use of local funding within this project.The new channels and BMPs,as well as the BMP expansion will be constructed by the developer while the City will design and construct the weir,the pump station and the intersectior improvements at the New Bridge Road/Sandbridge Road intersection.The current schedule of activities reflects the schedule for Phase I of the project.Phase II is currently not funded. Operating Budget Impacts Project Map Schedule of Activities ,, „ti, � �� Project Activities From-To Amount '' i 'rt;r JF 5 Design 07/17-12/21 1,900,000 , ,` Private Utility Adjustments 10/18-10/19 100,000 s' 4, Construction 05/18-12/21 8,400,000 9l'O''' `';,^,a+," , Contingencies 07/17-12/21 1,600,000 h. n F•. J'r " Ltiy r• 5 2c s .� ' 4 1•3K ; - Total Budgetary Cost Estimate: 12,000,000 • r ; ,�"' j• Y Means of Financing �� r"A Funding Subclass Amount gsy , ' . Local Funding 9,000,000 Federal Contribution 1,500,000 •, /`� .. % Fund Balance-Agriculture Reserve 1,500,000 41 ..1r* i� '"i - i #I * A . '''�. r.. . q Total Funding: 12,000,000 i :ter n ..t• Fiscal Year 2018-19 3 Capital Projects City of Virginia Beach,Virginia Fiscal Years 2018-19 through 2023-24 Capital Improvement Program Project:2138000 (Title:Atlantic Avenue Reconfiguration I Status:Proposed Category:Roadways Department:Capital Improvement Program Project Type Project Location Project Type: Rehabilitation/Replacement District:Beach Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future Funding To Date FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 Funding 245,000 245,000 0 0 0 0 0 0 2,480,000 Description and Scope This project will reconfigure Atlantic Avenue from 40th Street to Pacific Avenue,a distance of approximately 500 feet,removing the Atlantic Avenue/Pacific Avenue intersection and providing a cul-de-sac of Atlantic Avenue at the Cavalier Hotel property.40th Street will be widened to accommodate an additional left turn lane at both Pacific Avenue and Atlantic Avenue as well as geometric changes at the 40th Street/Pacific Avenue intersection to provide new left turn lanes both northbound and southbound along Pacific.The project also includes two new traffic signals,one at 40th Street/Pacific Avenue and one at 42nd Street/Pacific Avenue.The acquisition of necessary property and easements is authorized but limited to the current funding appropriated. Purpose and Need This project will improve pedestrian/bicycle mobility demands in the Atlantic/Pacific Avenue area and expand access from the Oceanfront Boardwalk to the north end of the Resort Area.The proposed improvements would be accomplished in conjunction with the development of the Cavalier Hotel property.The project is designed to facilitate efficient and safe vehicular and pedestrian circulation into a large conference center and resort.The reconfiguration of Atlantic Avenue will allow for better access to the proposed development while not adversely impacting the motoring public using Atlantic Avenue and Pacific Avenue. History and Current Status This project first appeared in the FY 2017-18 CIP.Public Works continues to try to secure a grant to complete the majority of the work within this project scope. Operating Budget Impacts Project Map Schedule of Activities + 7.- Project Activities From-To Amount oskt<e •to, \I • %C Design 08/17-01/19 322,000 . , ,, Private Utility Adjustments 07/24-06/25 238,000 ' Construction 07/25-03/26 1,841,000 Street Lights 04/26-07/26 77,000 , Contingencies 08/17-07/26 247,000 . \ ----r.,\ .,::...:. b., . 1,... 77' - \'*•Itt .' .ti Total Budgetary Cost Estimate: 2,725,000 s M Means of Financing � .• �i44 Funding Subclass Amount fn.!, . 0 ' Local Funding 245,000 ' r .1 t ' Ire i -•c ,� T t I i i• 4 -; 5 1,10 u Total Funding: 245,000 i �2 Fiscal Year 2018-19 2 Capital Projects Vertical Compression Employee File Date: 04/03/2018 Vertical Compression Calculations Supervisory Required Group Supv Salary #Awards Increase FT General $488,030 92 Benefits (.21575) $105,293 Total Costs $593,323 Fire $267,388 29 Police $108,659 11 EMS $48,127 7 ECC $573 21 Sheriff $6,081 5 S WORN Total $430,827 54 Benefits (.21575) $92,951 Total Costs $523,778 Salary Total $918,857 Benefits (.21575) $198,243 Total Costs $1,117,101 # Empls Recv9 , 146 Rule Followed: FT General-Where Compression is found,the supervisor is taken$1 above the compressing salary Protective Services-Compression determined by highest salary in lower rank.Compressed supervisor is taken$1 above the compressing salary. Horizontal Compression Awards Employee File Date:04/03/2018 Dept #Empls #Awards $Awards Job Title #Empis #awards $Awards AGR 7 7 2000 Deputy Sheriff/Captain (State) 8 8 800 AUD 5 5 1000 Deputy Sheriff/Lieutenant (State) 12 12 1500 CAD 39 39 11800 Deputy Sheriff/Sergeant(State) 29 29 11600 CCC 55 55 12100 Deputy Sheriff/Master Deputy (State) 61 61 30800 CIR 12 12 2000 Deputy Sheriff(State) 312 312 153700 CIT 161 161 33100 Fire Chief 1 1 0 CLK 4 4 0 Fire Deputy Chief 2 2 0 CMD 14 14 600 Fire District Officer 6 6 500 COM 17 17 1800 Fire Battalion Officer 23 23 5900 COR 57 57 9100 Fire Captain 101 101 39919 CUL 3 3 900 Master Firefighter Medic 51 51 16648 CVB 104 104 20446 Master Firefighter 146 146 83366 CWA 83 83 14100 Firefighter Medic 19 19 2000 ECC 104 104 5000 Firefighter _ 99 99 500 ECO 19 19 1500 Firefighter Recruit 29 29 0 EMS 77 77 10600 Police Chief 1 1 0 FIN 57 57 6200 Police Deputy Chief 3 3 0 FIR 505 505 159532 Police Captain 12 12 2500 GRD 11 11 0 Police Lieutenant 25 25 8100 HNP 71 71 19720 Police Sergeant 94 94_ 40470 HRD 44 44 5800 Master Police Officer 379 379 212517 HSD 905 _ 905 281485 Police Officer 255 255 46400 JUV 3 3 1000 Police Officer Recruit 3 3 0 LIB 184 184 46745 SWORN Totals 1671 $657,219 MSB 13 13 900 Benefits $141,795 MUS 96 96 14300 Grand Total $799,014 OEM 4 4 500 PAR 451 451 127240 G neral Empioyees Totals 4301 $1,069,312 PHD 8 8 1100 Benefits $230,704 PLN 126 126 26700 Grand Total $1,300,016 POL 946 946 345916 PUD 370 370 103363 Combined Totals 5972 $1,726,531 PWD _ 843 843 234084 Benefits $372,499 REA 31 31 4100 Grand Total $2,099,030 SHF 477 477 205400 Award Criteria: STR 3 3 0 Different Salaries within same year of title service - not compression TRE 63 63 16400 Compression Award Values: Grand TotE 5972 5972 1726531 $100 per year of service in title; up to 10yrs or$1,000 Special Note:To"fix"compression at this point in time,would require 4,606 awards totaling$38.4M including payroll taxes and benefit costs Applicant City of Virginia Beach Agenda Items Public Hearing March 14, 2018 13-211 Fee Increases Virginia Beach Requests Agenda Item 13 An Ordinance to Amend Section 107 of the City Zoning Ordinance pertaining to the fees for a rezoning, conditional rezoning and modifications to a conditional rezoning. Agenda Item 14 An Ordinance to Amend Section 106 of the City Zoning Ordinance pertaining to the fees for an appeal to the Board of Zoning Appeals for residential and commercial properties. Agenda Item 15 An Ordinance to Amend Section 107.1 of the City Zoning Ordinance pertaining to the fees for alternative compliance in certain districts. Agenda Item 16 An Ordinance to Amend Section 221 of the City Zoning Ordinance pertaining to the fees for conditional use permits and modifications to conditional use permits. Agenda Item 17 An Ordinance to Amend Section 105 of the City Zoning Ordinance pertaining to the fee for the enlargement, extension or conversion of a nonconforming use or structure. Agenda Item 18 An Ordinance to amend Section 8.3 of Appendix B, Subdivision Regulations, pertaining to the fee for subdivision variances. Agenda Item 19 An Ordinance to Amend Section 33-111 of the City Code pertaining to the fee for the vacation of a street or alley. Agenda Item 20 An Ordinance to Amend Section 1403 of the City Zoning Ordinance pertaining to the fees for Wetland permits and deferra Is. Agenda Item 21 An Ordinance to Amend Section 1603 of the City Zoning Ordinance pertaining to the fees for coastal primary sand dune permits, sand management permits and deferrals. City of Virginia Beach Agenda Items 13, 14, 15, 16, 17, 18, 19, 20 & 21 Page 1 Summary of Requests • The above amendments are proposed to modify the fees that the Planning Department charges in order to bring the fee to a level that is closer to the cost of providing the service. The chart below provides a summary of the proposed charges. • The proposed fees now include a fixed advertising and notification fee,which were formally variable and charged separately. Current Fee (Advertising and Proposed Fee (Advertising notification fee not included) and notification fee included) Planning Comnussion/City Council Fees Conditional Use Permit Nonprofit & Home Occupation $200 $360 All others $900 $1090 Modification of a Conditional Use Permit Nonprofit & Home Occupation $200 $360 All others $500 $660 Rezoning $900 $1090 Conditional Rezoning $1,200 $1,360 Modification of Proffers $500 $660 Nonconforming Use $500 $660 Subdivision Variance $650 $810 Alternative Compliance $400 $560 Street Closure $250 $410 Board of Zoning Appeals Fees Residential $250 $400 Nonresidential $350 $500 Wetlands Board Fees Wetland Permit $300 $450 Wetland Permit Deferral $100 $230 Coastal Primary Sand Dune Permit $300 $450 Coastal Primary Sand Dune Permit Deferral $100 $230 Recommendation The proposed amendments are recommended for approval. The amendments permit revisions to the fees that will be more in line with the services provided by Staff for review and analysis of projects, as well as permit a fixed, rather than a variable, advertising fee. City of Virginia Beach Agenda Items 13, 14, 15, 16, 17, 18, 19, 20 & 21 Page 2 Item #13 City of Virginia Beach—An Ordinance to Amend Section 107 of the City Zoning Ordinance pertaining to the fees for a rezoning, conditional rezoning and modifications to a conditional rezoning. Item #14 City of Virginia Beach- An Ordinance to Amend Section 106 of the City Zoning Ordinance pertaining to the fees for an appeal to the Board of Zoning Appeals for residential and commercial properties. Item #15 City of Virginia Beach- An Ordinance to Amend Section 107.1 of the City Zoning Ordinance pertaining to the fees for alternative compliance in certain districts. Item #16 City of Virginia Beach -An Ordinance to Amend Section 221 of the City Zoning Ordinance pertaining to the fees for conditional use permits and modifications to conditional use permits. Item #17 City of Virginia Beach -An Ordinance to Amend Section 105 of the City Zoning Ordinance pertaining to the fee for the enlargement, extension or conversion of a nonconforming use or structure. Item #18 City of Virginia Beach- An Ordinance to amend Section 8.3 of Appendix B, Subdivision Regulations, pertaining to the fee for subdivision variances. Item #19 City of Virginia Beach- An Ordinance to Amend Section 33-111 of the City Code pertaining to the fee for the vacation of a street or alley. Item #20 City of Virginia Beach- An Ordinance to Amend Section 1403 of the City Zoning Ordinance pertaining to the fees for Wetland permits and deferrals. Item #21 City of Virginia Beach- An Ordinance to Amend Section 1603 of the City Zoning Ordinance pertaining to the fees for coastal primary sand dune permits, sand management permits and deferrals. March 14, 2018 CONSENT Mrs. Oliver: Thank you. The next matter is agenda Items number 13 through 21,and this will be read into the record, these are for the City of Virginia Beach and that will be read by Jimmy McNamara of our planning department. Thank you. Mr. McNamara: Good afternoon, So, Agenda Items 13 through 21 are amendments to the Zoning Ordinance to adjust Planning Department review fees associated with the City Council, Planning Commission, Wetlands Board, and Board of Zoning Appeals processes. City Staff has worked with our process Improvement Committee to adjust our practices to better serve our stakeholders, one of the suggestions that came out of this committee was consolidating fees. Previously, the Planning Department had charged separate fees for an application and then for advertising, which resulted as an inconvenience to our customers. Those advertising fees were charged at cost and varied greatly depending and the number of notification letters that were mailed and the size of the advertisement. So, with this amendment,the Planning Department now charges one set fee and has combined those two fees well with the application fee. The amendments of the Zoning Ordinance were required to adjust the right amount. I would note that agenda item has been amended to reflect that the correct amount for agenda Item number 18, changing it from $1190 as was listed in the Staff report to $810 dollars. Mrs. Oliver: Thank you very much. Mr. Chairman that was the last item on the consent agenda and I would like to move that to approve consent agenda items number 1, 2, 4, 5, 6, 7, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, and 21 be approved. Mr. Thornton: Thank you, do I have a second? Mr. Horsley: Second. Mr. Thornton: Seconded by Commissioner Horsley. Mr. Horsley: Mr. Chairman, before we move on, I want to take a moment and thank these two ladies, Mrs. Stanley and Mrs. Sawyer for the pickles, we don't get a lot of gifts around here,but these look really great, it was a very kind gesture on your part, you didn't have to do it, but I am going to take them home and eat them and I think I agree, I think everyone will agree that it was very nice if you do that, so thank you very much and good luck. Thank you Mr. Chairman. Mr. Thornton: We are now ready to vote. Carol Dozier: Mr. Ripley, may I have your vote. Pamela Sandloop: Mr. Ripley, may I have your vote. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve items 13, 14, 15, 16, 17, 18, 19, 20, 21. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Carol Dozier: By 10-0 vote,the commission has approved items 1, 2,4, 5, 6, 7, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, and 21. Mr. Thornton: Thank you. Before you all depart, I would like to thank all of the applicants who had a matter on the consent agenda today. These items will be scheduled for hearing in the City Council's agenda, thank you for your attendance today. The next order of business is our one remaining matter on the agenda and I would like to ask the clerk of the commission to call this item, please. 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1,2018 AND ENDING JUNE 30,2019 IN THE SUM 3 OF$2,009,080,703 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 5 beginning July 1,20178 and ending June 30, 20189,and it is necessary to appropriate sufficient funds to cover said 6 budget; 7 8 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 9 10 Sec. 1. That the amounts named aggregating $2,809,032,556 consisting of$586,051,703 in inter-fund transfers, 11 $213,900,150 for internal service funds,and$2,009,080,703 for operations,are hereby appropriated subject to the 12 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for 13 the purposes hereinafter mentioned, as set forth in the Annual Operating Budget,which is hereby incorporated by 14 reference, for the fiscal year beginning July 1, 20178 and ending June 30, 20189 (hereinafter, the "Fiscal Year"), a 15 summary of which is attached to this ordinance as"Attachment A—Appropriations."The City Council elects to fund 16 the Virginia Beach City Public Schools by lump sum appropriation. 17 18 Sec.2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations 19 is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations 20 attached to this ordinance as"Attachment B—Revenues." 21 22 Sec.3. With the exception of the funds under the control of the School Board, specifically the funds numbered 23 104,107, 108, 109, 112, 114,115, 116, 117,119,614,and 615(hereinafter referred to as"School Board Funds"),the 24 total number of full-time permanent positions shall be the maximum number of positions authorized for the various 25 departments of the City during the Fiscal Year, except for changes or additions authorized by the Council or as 26 hereinafter provided. The City Manager may from time to time increase or decrease the number of part-time or 27 temporary positions provided the aggregate amount expended for such services shall not exceed the respective 28 appropriations made therefore. The City Manager is further authorized to make such rearrangements of positions 29 within and between the departments as may best meet the needs and interests of the City, including changes 30 necessary to implement the employee transition program. 31 32 Sec.4. To improve the effectiveness and efficiencies of the government in service delivery,the City Council hereby 33 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the 34 Fiscal Year as may be necessary to implement organizational adjustments that have been authorized by the City 35 Council. Unless otherwise directed by the City Council, such organizational adjustments shall be implemented on 36 such date or dates as the City Manager determines, in his discretion, to be necessary to guarantee a smooth and 37 orderly transition of existing organizational functions. The City Manager shall make a report each year to the City 38 Council identifying the status and progress of any such organizational adjustments. 39 40 Sec.5. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service 41 District Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax 42 levy. 43 44 Sec.6. All balances of the appropriations payable out of each fund of the City Treasury at the close of the Fiscal 45 Year,unless otherwise provided for,are hereby declared to be lapsed into the fund balance of the respective funds, 46 except all appropriations to School Board Funds derived from local public sources which shall lapse and revert to the 47 General Fund Balance, and may be used for the payment of the appropriations that may be made in the 48 appropriation ordinance for the fiscal year beginning July 1, 20189. Prior to the expenditure of any sums that have 49 lapsed to the fund balance of any fund,an appropriation by the City Council shall be required. 50 51 Sec.7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis 52 for developing financial strategies for the water and sanitary sewer system based on the following guidelines:(a)for 53 the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating 54 expense shall be pursued;(b)for the Water and Sewer Fund,the goal shall be for debt service coverage on its water 55 and sewer revenue bonds at not less than 1.50 times and,on a combined basis, including water and sewer general 56 obligation bonds,at no less than 1.20 times and(c)for the Water and Sewer Fund,contributions from non-borrowed 57 funds, on a five-year rolling average basis, will be sought for approximately 25%of the annual capital program for 58 the water and sewer system. 59 60 Sec.8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the 61 close of the business for the Fiscal Year,are hereby declared to be re-appropriated into the fiscal year beginning July 62 1,20189 and estimated revenues adjusted accordingly. 63 64 Sec.9. All balances of appropriations attributable to grants or other similar funding mechanism from state or 65 federal sources and trust or gift funds,whose period of expenditure extends beyond the fiscal year ending on June 66 30, 20178 are hereby declared to be re-appropriated into the Fiscal Year, and estimated revenues adjusted 67 accordingly.The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, 68 and provided there is any remaining balance in the grant, the portion of the balance attributable to local sources 69 shall revert to the General Fund,special revenue fund, or enterprise fund that provided the local contribution. 70 71 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 72 exceed the amount of such appropriations except with the consent and approval of the City Council first being 73 obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated 74 shall apply only to the totals for each Appropriation Unit included in this ordinance and does not apply to Inter-fund 75 Transfers. 76 77 Sec. 11. . - - . - - • e _ . . .. ' 78 80 81 Sec.12.That$386,072 is hereby transfer-r-ed-ffem- he TIP REA440414e M444t+ modal Fund in the FV 20 6 17 operating 82 .. . . .. - e _ - - 83 the payment of the FY 2015 16 true up for Hampton Roads Transit. 84 85 Sec.11 43.The City Manager or the Director of Budget and Management Services is hereby authorized to approve 86 transfers of appropriations in an amount up to$100,000 between any Appropriation Units included in this ordinance 87 through the accrual period.The City Manager shall make a monthly report to the City Council of all transfers between 88 $25,000 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all 89 Reserves for Contingencies except Reserve for Contingencies—Regular,within the intent of the Reserve as approved 90 by City Council. 91 92 Sec.4412.The City Manager or the Director of Budget and Management Services is hereby authorized to establish 93 and administer budgeting within Appropriation Units consistent with best management practices, reporting 94 requirements, and the programs and services adopted by the City Council. Consistent with best management 95 practices, the City utilizes a modified accrual system of accounting. Revenues are considered available when 96 collectible either during the current period or after the end of the current period, but in time to pay year-end 97 liabilities. Expenditures are recognized when a transaction or event is expected to draw upon current spendable 98 resources rather than future resources. In practical effect,the modified accrual system allows a window of 45 days 99 wherein the City may accrue back to the immediately preceding fiscal year revenues and expenditures. The City 100 Manager or the Director of Budget and Management Services is further authorized to establish administrative 101 directives to provide additional management oversight and control to ensure the integrity of the City's budget. 102 103 Sec. 131&.The City Manager or the Director of Budget and Management Services is hereby authorized to change 104 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in 105 support of an Operating Appropriation Unit declines,the City Manager or the Director of Budget and Management 106 Services is hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the 107 decline in Estimated Revenue.The City Manager shall give prior notice to the City Council of any reduction to total 108 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 109 appropriation reduction and the Appropriation Units affected.The accounting records of the City will be maintained 110 in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for each of the City's 111 funds.The City Manager or the Director of Budget and Management Services is hereby authorized to transfer any 112 excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were 113 appropriated have been incurred.Nothing in this section shall be construed as authorizing any reduction to be made 114 in the amount appropriated in this ordinance for the payment of interest or principal on the bonded debt of the City 115 Government. 116 117 Sec. 46 14. The Department of Economic Development is hereby authorized to pay an amount up to $1,000,000 118 from their FY 2018-189 Operating Budget to the Virginia Beach Economic Development Authority,for the purpose 119 of pursuing,implementing,and furthering initiatives recommended by the Bio-medical Task Force.Furthermore,the 120 Economic Development Department is hereby authorized to pay an amount up to an additional $1,500,000 from 121 their FY 2018-19 Operating Budget to the Virginia Beach Economic Development Authority for the purpose of 122 pursuing, implementing, and furthering initiatives related to attracting Bio-medical and Cybersecurity firms or 123 businesses to the City.An amount of up to$250,000 is hereby authorized in FY 2018-19 operating budget from Non- 124 Departmental to the VBDA to provide a 10-year, interest free loan to the Green Run/Princess Anne Little League. 125 The purpose of this loan is to assist the League with the build out of their complex to include utilities, bathrooms,a 126 snack bar, parking,and bleachers. 127 128 Sec.1.15.Allowances made from the appropriations made in this ordinance by any or all of the City departments, 129 bureaus,or agencies,to any of their officers and employees for expenses on account of the use by such officers and 130 employees of their personal automobiles in the discharge of their official duties shall follow the Internal Revenue 131 Service standard mileage rates used to calculate the deductible costs of operating an automobile for business, 132 charitable, medical or moving purposes. 133 134 Sec. 48 16. In the event of an emergency and under emergency circumstances wherein the City Council cannot 135 reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any 136 budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately 137 following the expenditure of funds under this provision,and as soon as the City Council can reasonably meet under 138 the existing circumstances, the City Manager shall notify the City Council of the reason for such action, how funds 139 were expended,and present to the City Council for adoption an emergency appropriations ordinance that sets forth 140 what measures are required to ensure that funds are forthwith restored to the appropriate accounts and that the 141 budget is balanced at the end of the fiscal year in which the emergency expenditures occurred. 142 143 An emergency is defined for the purposes of this provision as an event that could not have been 144 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public 145 health, safety or welfare is involved, such as clean-up after a hurricane, and/or(ii) immediate action is required to 146 protect or preserve public properties. 147 148 Sec. 49 17. All travel expense accounts shall be submitted on forms approved by the Director of Finance and 149 according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or 150 paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses.The Director of 151 Finance is specifically directed to withhold the issuance of checks in the event expense accounts are submitted for 152 "lump-sum"amounts. 153 154 Sec.2018. A . . _ _ ..o. - -- -- - -- - - - - - - •--- . - - 155 and employees of the Constitutional Officers is hereby provided.A salary increase of 2.0%on the pay period dating 156 back to June 221 2018 for the five Constitutional Officers, part-time City employees, and part-time employees of 157 the Constitutional Officers is hereby provided. 158 159 Sec.21 19.A 12%merit pay increase is hereby authorized for full-time City employees with a performance feedback 160 completed from July 1, 20167 to June 30, 20178 and for newly hired probationary employees on their anniversary 161 date with a performance feedback completed from July 1,2018 to June 30,2019 that indicates overall performance 162 meets expectations.The merit pay increase shall be calculated against the mid-point of each pay range and paid as 163 a flat dollar amount to full-time employees on that pay range. Notwithstanding policy or administrative directive 164 addressing bonus providing otherwise, for an employee who is at the maximum of the pay range for her position 165 classification with a meet expectations performance feedback completed from July 1,2017 to June 30,2018,a lump 166 sum bonus equal to 1%of the midpoint for their position classification shall be paid on the first pay period after July 167 1, 2018 and a second bonus equal to 1%of the midpoint of her position classification shall be paid on the first pay 168 period after January 1,2019 in lieu of the merit increase. For an employee,who as a result of all,or a portion,of the 169 2% merit increase authorized above, will exceed the maximum of the pay range for her classification, she shall 170 receive the portion of the merit pay equal to the difference between the maximum of the pay range and her current 171 salary.Any amount in excess of the difference between the 2%merit and the maximum of the position classification 172 shall be paid in the form of a lump sum bonus, half of which will be payable on the first pay date after July 1, 2018 173 and the other half payable on the first pay date after January 1, 2019. Notwithstanding the timing provisions 174 provided by City Code§§2-109 and 2-116,the merit pay increase authorized by this section shall be provided on the 175 pay period dating back to June 21, 2018 July 1, 2017 or a subsequent date for newly hired probationary employees. 176 The other requirements provided by City Code §§ 2-109 and 2-116 . • . - - '•' ' - - ' = - 177 ' ' -- - . . : _:. .:-. - = = -- ' apply. To ensure accountability, the failure of a supervisor 178 responsible for preparing the performance feedback,to complete the same prior to July 1, 20178 shall result in the 179 supervisor and employee(s) merit pay increase being delayed until such time as the performance feedback is 180 completed. In those cases,the merit pay increase will be retroactive upon completion of the performance feedback 181 for both the supervisor responsible for completing the performance feedback and the employee(s).This section shall 182 also apply to the employees of the Constitutional Officers. Any additional stipends, special pay, or executive 183 entitlement pay to employees appointed by the City Council and subject to City Code§2-89 or Constitutional Officers 184 must be approved by a separate action of the City Council. 185 186 Sec.22 20. An amount of up to $3 million dollars is hereby authorized to address vertical and horizontal 187 compression. This amount shall be offset with savings from attrition and position vacancies. To accomplish this 188 purpose,the City Manager or his designee is hereby authorized to transfer savings in salary or fringe benefit accounts 189 among departments in any amount notwithstanding other budgetary controls outlined in the ordinance. 190 191 Sec.24 21. Violation of this ordinance may result in disciplinary action by the City Manager against the person or 192 persons responsible for the management of the Appropriation Unit in which the violation occurred. 193 194 Sec.24 22. This ordinance shall be effective on July 1, 20178. The portion of Sections 20 18 and 24 19 addressing 195 the payroll period that crosses fiscal years shall be effective June 221 20178. Section 12 of this ordinance shall 196 •- - - ' - . _ -- -• - - • .• • • _ 197 198 Sec.26 23. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 199 shall not affect the validity of the remaining parts of this ordinance. 200 201 Requires an affirmative vote by a majority of all of the members of City Council. 202 203 204 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of May,2018. 205 APPROVED AS TO CONTENT: APP D AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 002 General Fund Agriculture 886,229 Benefits Administration 735,538 Board of Equalization 2,980 Budget and Management Services 1,422,761 Circuit Court 1,134,104 City Attorney 4,459,610 City Auditor 946,303 City Clerk 640,073 City Manager 2,610,189 City Real Estate Assessor 3,337,538 City Treasurer 6,287,888 Clerk of the Circuit Court 3,628,282 Commissioner of the Revenue 4,734,280 Commonwealth's Attorney 8,896,166 Communications Office 1,798,262 Community Organization Grants 502,193 Computer Replacement Program 1,648,642 Convention and Visitor Bureau 10,389,654 Cultural Affairs 2,387,322 Debt Service 52,883,834 Department of Aquarium and Museums 12,795,850 Economic Development 5,889,639 Emergency Communications and Citizen Services 11,097,236 Emergency Management 548,365 Emergency Medical Services 12,119,189 Employee Special Benefits 7,750,031 Finance 5,849,653 Fire 54,301,160 General District Court 476,224 Health 3,479,663 Housing and Neighborhood Preservation 5,245,795 Human Resources 4,892,507 Human Services 118,933,300 Independent Financial Services 164,999 Information Technology 26,660,102 Juvenile and Domestic Relations District Court 181,918 Juvenile Probation 1,490,927 Leases 2,155,539 Library 18,157,684 Magistrates 64,858 Municipal Council 583,962 Parks and Recreation 14,811,944 Planning 18,221,264 Police 102,579,286 Public Works 70,554,252 Regional Participation 3,041,888 Reserve for Contingencies 7,858,640 Revenue Reimbursements 16,980,347 Strategy,Transparency, Innovation&Resiliency Office 599,904 Transfer to Other Funds 512,993,343 Vehicle Replacements 5,357,514 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted Voter Registration&Elections 1,727,066 Fund 002 Appropriation Totals 1,156,895,897 098 School Reserve Special Revenue Fund Transfer to Other Funds 6,800,000 Fund 098 Appropriation Totals 6,800,000 104 Green Run Collegiate Charter School Education 3,803,031 Fund 104 Appropriation Totals 3,803,031 107 School Equipment Replacement Special Revenue Fund Reserve for Contingencies 1,088,036 Fund 107 Appropriation Totals 1,088,036 108 School Instructional Technology Fund Instructional Technology 260,244 Fund 108 Appropriation Totals 260,244 109 School Vending Operations Fund Vending 150,000 Fund 109 Appropriation Totals 150,000 112 School Communication Tower Technology Fund Instructional Technology 850,000 Fund 112 Appropriation Totals 850,000 114 School Cafeteria Fund Cafeteria 33,733,213 Fund 114 Appropriation Totals 33,733,213 115 School Operating Fund Debt Service 42,421,657 Education 758,725,919 Transfer to Other Funds 12,440,085 Fund 115 Appropriation Totals 813,587,661 116 School Grants Fund Grants 61,486,650 Fund 116 Appropriation Totals 61,486,650 117 School Textbook Fund Textbook 6,206,584 Fund 117 Appropriation Totals 6,206,584 119 School Athletic Special Revenue Fund Athletic 5,028,774 Fund 119 Appropriation Totals 5,028,774 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 130 Law Library Fund Library 219,689 Reserve for Contingencies 2,400 Transfer to Other Funds 40,000 Fund 130 Appropriation Totals 262,089 140 Commonwealth Attorney's Fed & State Seized Assets SRF Commonwealth's Attorney 100,000 Fund 140 Appropriation Totals 100,000 142 Police Federal & State Seized Assets SRF Police 285,915 Fund 142 Appropriation Totals 285,915 146 State Rental Assistance Program Housing and Neighborhood Preservation 689,476 Reserve for Contingencies 70,078 Fund 146 Appropriation Totals 759,554 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation 21,976,607 Reserve for Contingencies 26,789 Fund 147 Appropriation Totals 22,003,396 149 Sheriff's Department Special Revenue Fund Sheriff and Corrections 48,142,529 Fund 149 Appropriation Totals 48,142,529 151 Parks and Recreation Special Revenue Fund Debt Service 4,478,998 Parks and Recreation 33,054,482 Public Works 3,235,299 Reserve for Contingencies 393,499 Transfer to Other Funds 1,495,788 Fund 151 Appropriation Totals 42,658,066 152 Tourism Investment Program Fund Convention and Visitor Bureau 4,850,144 Cultural Affairs 50,500 Debt Service 22,365,740 Parks and Recreation 722,397 Planning 1,200,548 Public Works 2,908,264 Reserve for Contingencies 7,768,161 Transfer to Other Funds 1,990,873 Fund 152 Appropriation Totals 41,856,627 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 157 Sandbridge Special Service District Spec Rev Fd Public Works 844,490 Transfer to Other Funds 3,997,388 Fund 157 Appropriation Totals 4,841,878 161 Agriculture Reserve Program Special Revenue Fund Agriculture 217,691 Debt Service 4,845,553 Transfer to Other Funds 990,000 Fund 161 Appropriation Totals 6,053,244 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 12,686,776 Reserve for Contingencies 17,500 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 12,761,114 166 Sandbridge Tax Increment Financing Fund Future C.I.P.Commitments 8,000,000 Transfer to Other Funds 2,352,612 Fund 166 Appropriation Totals 10,352,612 169 Central Business District-South TIF (Twn Cntr) Fd Debt Service 8,193,269 Transfer to Other Funds 150,000 Fund 169 Appropriation Totals 8,343,269 172 Open Space & Park Infrastructure Development & Maintenance SRF Debt Service 2,588,043 Parks and Recreation 409,266 Reserve for Contingencies 132,590 Transfer to Other Funds 2,500,000 Fund 172 Appropriation Totals 5,629,899 174 Town Center Special Service District Parks and Recreation 60,338 Town Center Special Tax District 1,906,480 Transfer to Other Funds 631,976 Fund 174 Appropriation Totals 2,598,794 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation 1,680,508 Reserve for Contingencies 28,354 Transfer to Other Funds 128,858 Fund 180 Appropriation Totals 1,837,720 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 791,115 Fund 181 Appropriation Totals 791,115 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 862,063 Reserve for Contingencies 1,510 Fund 182 Appropriation Totals 863,573 183 Grants Consolidated Fund Commonwealth's Attorney 816,827 Emergency Communications and Citizen Services 2,000 Emergency Medical Services 375,000 Fire 383,191 Housing and Neighborhood Preservation 1,546,722 Human Services 1,879,739 Public Works 20,000 Transfer to Other Funds 1,038,155 Fund 183 Appropriation Totals 6,061,634 241 Water and Sewer Fund Debt Service 21,796,096 Public Utilities 85,371,921 Reserve for Contingencies 1,585,081 Transfer to Other Funds 22,761,825 Fund 241 Appropriation Totals 131,514,923 253 Parking Enterprise Fund Debt Service 579,780 Planning 3,758,679 Reserve for Contingencies 25,709 Transfer to Other Funds 725,821 Fund 253 Appropriation Totals 5,089,989 254 Waste Management Enterprise Fund Public Works 33,501,033 Reserve for Contingencies 169,944 Transfer to Other Funds 2,986,789 Fund 254 Appropriation Totals 36,657,766 255 Storm Water Utility Enterprise Fund Debt Service 3,955,648 Public Works 26,975,663 Reserve for Contingencies 161,064 Transfer to Other Funds 11,309,761 Fund 255 Appropriation Totals 42,402,136 310 Old Donation Creek Area Dredging SSD Transfer to Other Funds 72,620 Fund 310 Appropriation Totals 72,620 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 311 Bayville Creek Neighborhood Dredging SSD Fund Transfer to Other Funds 75,241 Fund 311 Appropriation Totals 75,241 312 Shadowlawn Area Dredging SSD Transfer to Other Funds 29,056 Fund 312 Appropriation Totals 29,056 313 Chesopeian Colony Dredging SSD Transfer to Other Funds 209,162 Fund 313 Appropriation Totals 209,162 314 Harbour Point Dredging SSD Transfer to Other Funds 19,496 Fund 314 Appropriation Totals 19,496 315 Gills Cove Dredging SSD Transfer to Other Funds 24,795 Fund 315 Appropriation Totals 24,795 316 Hurds Cove Dredging SSD Transfer to Other Funds 231,221 Fund 316 Appropriation Totals 231,221 460 School General Revenue Capital Projects Fund School Capital Projects 500,000 Fund 460 Appropriation Totals 500,000 540 General Government Capital Projects Fund Building Capital Projects 7,978,448 Coastal Capital Projects 9,560,000 Economic and Tourism Development Capital Projects 4,363,586 Information Technology Projects 4,462,222 Parks and Recreation Capital Projects 6,958,033 Roadways Capital Projects 11,673,020 Fund 540 Appropriation Totals 44,995,309 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 12,500,000 Fund 541 Appropriation Totals 12,500,000 555 Storm Water Capital Projects Fund Storm Water Capital Projects 14,576,510 Fund 555 Appropriation Totals 14,576,510 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 606 City Garage Internal Service Fund Public Works 13,766,356 Reserve for Contingencies 124,228 Fund 606 Appropriation Totals 13,890,584 607 Risk Management Internal Service Fund Finance 18,197,111 Fund 607 Appropriation Totals 18,197,111 613 School Landscaping Internal Service Fund Parks and Recreation 4,966,007 Reserve for Contingencies 40,901 Fund 613 Appropriation Totals 5,006,908 614 School Risk Management Fund School Risk Management 6,805,724 Fund 614 Appropriation Totals 6,805,724 615 City and School Health Insurance Fund City and School Health Insurance 157,467,867 Fund 615 Appropriation Totals 157,467,867 616 Fuels Internal Service Fund Public Works 5,681,880 Fund 616 Appropriation Totals 5,681,880 620 Telecommunications Internal Service Fund Information Technology 3,275,853 Reserve for Contingencies 24,514 Fund 620 Appropriation Totals 3,300,367 621 Subscriptions Internal Service Fund Information Technology 3,272,745 Reserve for Contingencies 276,964 Fund 621 Appropriation Totals 3,549,709 908 City Beautification Fund Parks and Recreation 50,000 Fund 908 Appropriation Totals 50,000 910 Parking Meters - Homeless Donation Fund Housing and Neighborhood Preservation 1,000 Fund 910 Appropriation Totals 1,000 911 Parks and Recreation Gift Fund Parks and Recreation 55,000 Fund 911 Appropriation Totals 55,000 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment A-Appropriations FY 2018-19 Adopted 916 Social Services Gift Fund Human Services 35,064 Fund 916 Appropriation Totals 35,064 Total Budget Appropriations 2.809,032,556 Less Internal Service Funds 213,900,150 Less Interfund Transfers 586,051,703 NET BUDGET APPROPRIATIONS 2,009,080,703 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 002 General Fund Revenue From Local Sources Automobile License 10,757,313 Business License 48,669,429 Charges for Services 39,598,917 Cigarette Tax 10,835,826 Fines and Forfeitures 5,546,186 From the Use of Money and Property 7,792,610 General Sales Tax 66,621,323 Hotel Room Tax 7,699,337 Miscellaneous Revenue 6,760,994 Other Taxes 11,399,109 Permits, Privilege Fees,and Regulatory Licenses 5,633,663 Personal Property 159,729,356 Real Estate 537,918,638 Restaurant Meal Tax 44,933,289 Utility Tax 49,337,837 Revenue from the Commonwealth Other Sources from the Commonwealth 104,193,305 Revenue from the Federal Government 22,634,684 Specific Fund Reserves 507,970 Transfers from Other Funds 16,326,111 Fund 002 Revenue Totals 1,156,895,897 098 School Reserve Special Revenue Fund Specific Fund Reserves 6,800,000 Fund 098 Revenue Totals 6,800,000 104 Green Run Collegiate Charter School Transfers from Other Funds 3,803,031 Fund 104 Revenue Totals 3,803,031 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 1,088,036 Fund 107 Revenue Totals 1,088,036 108 School Instructional Technology Fund Specific Fund Reserves 260,244 Fund 108 Revenue Totals 260,244 109 School Vending Operations Fund Revenue From Local Sources Miscellaneous Revenue 144,000 Specific Fund Reserves 6,000 Fund 109 Revenue Totals 150,000 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 112 School Communication Tower Technology Fund Revenue From Local Sources From the Use of Money and Property 510,000 Specific Fund Reserves 340,000 Fund 112 Revenue Totals 850,000 114 School Cafeteria Fund Revenue From Local Sources Charges for Services 11,230,670 From the Use of Money and Property 50,000 Miscellaneous Revenue 673,583 Revenue from the Commonwealth Other Sources from the Commonwealth 500,000 Revenue from the Federal Government 19,333,672 Specific Fund Reserves 1,945,288 Fund 114 Revenue Totals 33,733,213 115 School Operating Fund Revenue From Local Sources Charges for Services 2,216,638 From the Use of Money and Property 465,000 Miscellaneous Revenue 836,703 Revenue from the Commonwealth Other Sources from the Commonwealth 272,725,078 State Shared Sales Tax 75,344,490 Revenue from the Federal Government 12,670,337 Transfers from Other Funds 449,329,415 Fund 115 Revenue Totals 813,587,661 116 School Grants Fund Revenue From Local Sources Miscellaneous Revenue 993,539 Revenue from the Commonwealth Other Sources from the Commonwealth 15,686,983 Revenue from the Federal Government 41,193,848 Transfers from Other Funds 3,612,280 Fund 116 Revenue Totals 61,486,650 117 School Textbook Fund Revenue From Local Sources From the Use of Money and Property 29,483 Miscellaneous Revenue 27,000 Revenue from the Commonwealth Other Sources from the Commonwealth 4,009,991 Specific Fund Reserves 2,140,110 Fund 117 Revenue Totals 6,206,584 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 119 School Athletic Special Revenue Fund Revenue From Local Sources Charges for Services 499,000 From the Use of Money and Property 5,000 Transfers from Other Funds 4,524,774 Fund 119 Revenue Totals 5,028,774 130 Law Library Fund Revenue From Local Sources Charges for Services 255,000 From the Use of Money and Property 1,060 Miscellaneous Revenue 400 Specific Fund Reserves 5,629 Fund 130 Revenue Totals 262,089 140 Commonwealth Attorney's Fed & State Seized Assets SRF Specific Fund Reserves 100,000 Fund 140 Revenue Totals 100,000 142 Police Federal & State Seized Assets SRF Specific Fund Reserves 285,915 Fund 142 Revenue Totals 285,915 146 State Rental Assistance Program Revenue from the Commonwealth Other Sources from the Commonwealth 759,554 Fund 146 Revenue Totals 759,554 147 Federal Section 8 Program Special Revenue Fund Revenue From Local Sources Charges for Services 3,625,000 Miscellaneous Revenue 2,000 Revenue from the Federal Government 18,232,670 Transfers from Other Funds 143,726 Fund 147 Revenue Totals 22,003,396 149 Sheriff's Department Special Revenue Fund Revenue From Local Sources Charges for Services 4,634,608 From the Use of Money and Property 11,000 Miscellaneous Revenue 2,000 Revenue from the Commonwealth Other Sources from the Commonwealth 19,044,683 Revenue from the Federal Government 140,000 Transfers from Other Funds 24,310,238 Fund 149 Revenue Totals 48,142,529 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services 15,284,757 From the Use of Money and Property 1,636,474 Miscellaneous Revenue 5,400 Permits, Privilege Fees,and Regulatory Licenses 1,250 Real Estate 19,418,709 Revenue from the Commonwealth Other Sources from the Commonwealth 11,000 Specific Fund Reserves 27,000 Transfers from Other Funds 6,273,476 Fund 151 Revenue Totals 42,658,066 152 Tourism Investment Program Fund Revenue From Local Sources Amusement Tax 6,872,387 Cigarette Tax 773,988 Fines and Forfeitures 458,900 From the Use of Money and Property 848,172 Hotel Room Tax 18,950,087 Miscellaneous Revenue 8,250 Permits, Privilege Fees,and Regulatory Licenses 381,904 Restaurant Meal Tax 13,562,939 Fund 152 Revenue Totals 41,856,627 157 Sandbridge Special Service District Spec Rev Fd Revenue From Local Sources From the Use of Money and Property 7,037 Hotel Room Tax 3,926,250 Real Estate 739,993 Specific Fund Reserves 78,598 Transfers from Other Funds 90,000 Fund 157 Revenue Totals 4,841,878 161 Agriculture Reserve Program Special Revenue Fund Revenue From Local Sources From the Use of Money and Property 31,917 Real Estate 4,966,225 Specific Fund Reserves 1,055,102 Fund 161 Revenue Totals 6,053,244 163 Tourism Advertising Program Special Revenue Fund Revenue From Local Sources Charges for Services 53,000 From the Use of Money and Property 67,000 Hotel Room Tax 6,233,501 Miscellaneous Revenue 10,000 Restaurant Meal Tax 6,397,613 Fund 163 Revenue Totals 12,761,114 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 166 Sandbridge Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property 28,126 Real Estate 10,297,813 Specific Fund Reserves 26,673 Fund 166 Revenue Totals 10,352,612 169 Central Business District-South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property 2,000 Hotel Room Tax 500,000 Real Estate 7,333,268 Specific Fund Reserves 508,001 Fund 169 Revenue Totals 8,343,269 172 Open Space & Park Infrastructure Development & Maintenance SRF Revenue From Local Sources Restaurant Meal Tax 5,629,899 Fund 172 Revenue Totals 5,629,899 174 Town Center Special Service District Revenue From Local Sources Charges for Services 24,300 Fines and Forfeitures 115,000 From the Use of Money and Property 259,500 Real Estate 2,034,071 Specific Fund Reserves 15,923 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 2,598,794 180 Community Development Special Revenue Fund Revenue from the Federal Government 1,289,468 Transfers from Other Funds 548,252 Fund 180 Revenue Totals 1,837,720 181 CD Loan and Grant Fund Non-Revenue Receipts 120,000 Revenue from the Federal Government 534,849 Transfers from Other Funds 136,266 Fund 181 Revenue Totals 791,115 182 Federal Housing Assistance Grant Fund Non-Revenue Receipts 75,000 Revenue from the Federal Government 788,573 Fund 182 Revenue Totals 863,573 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 183 Grants Consolidated Fund Revenue from the Commonwealth Other Sources from the Commonwealth 3,095,804 Revenue from the Federal Government 1,702,369 Transfers from Other Funds Revenue from the Federal Government 421,191 1 Fund 183 Revenue Totals 6,061,634 241 Water and Sewer Fund Non-Revenue Receipts 3,925,041 Revenue From Local Sources Charges for Services 123,774,644 From the Use of Money and Property 742,891 Miscellaneous Revenue 308,657 Revenue from the Federal Government 948,018 Transfers from Other Funds 1,815,672 Fund 241 Revenue Totals 131,514,923 253 Parking Enterprise Fund Revenue From Local Sources Charges for Services 4,787,989 Fines and Forfeitures 170,000 From the Use of Money and Property 8,500 Permits, Privilege Fees,and Regulatory Licenses 55,000 Transfers from Other Funds 68,500 Fund 253 Revenue Totals 5,089,989 254 Waste Management Enterprise Fund Revenue From Local Sources Charges for Services 34,122,980 From the Use of Money and Property 131,500 Miscellaneous Revenue 769,286 Permits, Privilege Fees,and Regulatory Licenses 113,000 Revenue from the Commonwealth Other Sources from the Commonwealth 45,000 Transfers from Other Funds 1,476,000 Fund 254 Revenue Totals 36,657,766 255 Storm Water Utility Enterprise Fund Revenue From Local Sources Charges for Services 41,959,666 From the Use of Money and Property 85,000 Miscellaneous Revenue 60,000 Revenue from the Federal Government 267,597 Transfers from Other Funds 29,873 Fund 255 Revenue Totals 42,402,136 310 Old Donation Creek Area Dredging SSD Revenue From Local Sources Real Estate 72,620 Fund 310 Revenue Totals 72,620 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 311 Bayville Creek Neighborhood Dredging SSD Fund Revenue From Local Sources Real Estate 75,241 Fund 311 Revenue Totals 75,241 312 Shadowlawn Area Dredging SSD Revenue From Local Sources Real Estate 29,056 Fund 312 Revenue Totals 29,056 313 Chesopeian Colony Dredging SSD Revenue From Local Sources Real Estate 209,162 Fund 313 Revenue Totals 209,162 314 Harbour Point Dredging SSD Revenue From Local Sources Real Estate 18,156 Specific Fund Reserves 1,340 Fund 314 Revenue Totals 19,496 315 Gills Cove Dredging SSD Revenue From Local Sources Real Estate 13,886 Specific Fund Reserves 10,909 Fund 315 Revenue Totals 24,795 316 Hurds Cove Dredging SSD Revenue From Local Sources Real Estate 231,221 Fund 316 Revenue Totals 231,221 460 School General Revenue Capital Projects Fund Transfers from Other Funds 500,000 Fund 460 Revenue Totals 500,000 540 General Government Capital Projects Fund Transfers from Other Funds 44,995,309 Fund 540 Revenue Totals 44,995,309 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 12,500,000 Fund 541 Revenue Totals 12,500,000 555 Storm Water Capital Projects Fund Transfers from Other Funds 14,576,510 Fund 555 Revenue Totals 14,576,510 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 606 City Garage Internal Service Fund Revenue From Local Sources Charges for Services 13,705,584 Miscellaneous Revenue 185,000 Fund 606 Revenue Totals 13,890,584 607 Risk Management Internal Service Fund Revenue From Local Sources Charges for Services 18,082,111 From the Use of Money and Property 40,000 Miscellaneous Revenue 75,000 Fund 607 Revenue Totals 18,197,111 613 School Landscaping Internal Service Fund Revenue From Local Sources Charges for Services 4,442,908 Specific Fund Reserves 564,000 Fund 613 Revenue Totals 5,006,908 614 School Risk Management Fund Revenue From Local Sources Charges for Services 6,805 724 Fund 614 Revenue Totals 6,805,724 615 City and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 157,467,867 Fund 615 Revenue Totals 157,467,867 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services 5,673,574 Specific Fund Reserves 8,306 Fund 616 Revenue Totals 5,681,880 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 3,073,500 From the Use of Money and Property 15,000 Specific Fund Reserves 211,867 Fund 620 Revenue Totals 3,300,367 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services 2,448,434 From the Use of Money and Property 30,425 Specific Fund Reserves 1,070,850 Fund 621 Revenue Totals 3,549,709 City of Virginia Beach, Virginia Fiscal Year 2018-19 Budget Ordinance Attachment B- Revenue FY 2018-19 Adopted 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 50,000 Fund 908 Revenue Totals 50,000 910 Parking Meters - Homeless Donation Fund Revenue From Local Sources Miscellaneous Revenue 1,000 Fund 910 Revenue Totals 1,000 911 Parks and Recreation Gift Fund Revenue From Local Sources Miscellaneous Revenue 55,000 Fund 911 Revenue Totals 55,000 916 Social Services Gift Fund Revenue From Local Sources Miscellaneous Revenue 5,875 Specific Fund Reserves 29,189 Fund 916 Revenue Totals 35,064 Total Budget Revenues 2,809,032,556 Less Internal Service Funds 213,900,150 Less Interfund Transfers 586,051,703 NET BUDGET REVENUES 2,009,080,703 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR 2 FISCAL YEAR 2019 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 4 5 Sec.1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 20189 taxes for general purposes on all real estate, 7 including all separate classifications of real estate set forth in the Code of Virginia,not exempt from taxation and not 8 otherwise provided for in this ordinance, at the rate of one dollar and twenty-five hundredths of a cent ($1.0025) 9 on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rate that has been 10 prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such 11 real property,except for public service real property,which shall be on the basis as provided in Section 58.1-2604 of 12 the Code of Virginia. It is the intention of the Council that four cents of the tax rate is dedicated,subject to annual 13 appropriation,to provide funding for the Schools to offset the decrease in State funding through the Local Composite 14 Index and the increased local obligations under the Line of Duty--Act. The Council directs the City Manager in the 15 production of future budgets to provide an analysis of State funding for Schools and the Line of Duty Act.Aat such 16 time as the State restores funding . - - '•: :-• •••. : .- -: for Schools at above $350M (per 17 annum, net of School Facility Funds); and Line of Duty Act at $0(per annum), the City Manager will recommend a 18 reduction, in whole or in part, to the four cent or two cent tax rate dedication in an amount roughly equal to the 19 increased State funding with a corresponding decrease in the real estate tax rate. 20 21 Sec.2. Amount of Levy on "Certified Storm Water Management Developments and Property," "Certified Solar 22 Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and "Environmental 23 Restoration Sites,"Real Estate Improved by Erosion Controls,and Certain Wetlands and Riparian Buffers. 24 In accordance with Sections 58.1-3660(A), 58.1-3660.1,58.1-3661,58.1-3664,58.1-3665 and 58.1-3666 of 25 the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 20189 taxes on all real 26 estate (a) certified by the Department of Environmental Quality as "Certified Storm Water Management 27 Developments and Property," (b) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar 28 Energy Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (c) defined by 29 Code of Virginia Section 58.1-3664 as an "Environmental Restoration Site," (d) improved to control erosion as 30 defined by Code of Virginia § 58.1-3665, or(e) qualifying as wetlands and riparian buffers as described by Code of 31 Virginia§58.1-3666,not exempt from taxation,at a rate of one dollar and twenty-five hundredths of a cent($1.0025) 32 on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall 33 be applied on the basis of one hundred percentum of fair market value of such real property except for public service 34 property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 35 36 Sec.3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 37 There shall be levied and collected for fiscal year 20189 taxes for the special purpose of providing beach 38 and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service 39 District, not exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars($100) of assessed 40 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this 41 ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City 42 Code, or Exemption, or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City 43 Code,this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in Section 1 of 44 this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of 45 the fair market value of such real property except for public service real property, which shall be on the basis as 46 provided in Section 58.1-2604 of the Code of Virginia. 47 48 Sec.4. Amount of Levy on Real Estate Within the Town Center Special Service District. 49 For the special purpose of operating and maintaining the parking garage and providing enhanced services 50 for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other 51 additional services authorized by Virginia Code§15.2-2403,there shall be levied and collected for fiscal year 20189 52 taxes on all real estate within the Town Center Special Service District,not exempt from taxation,at the rate of forty- 53 five cents($0.45)on each one hundred dollars($100)of assessed value thereof.This real estate tax rate shall be in 54 addition to the real estate tax set forth in Section 1 of this ordinance. For real property that qualifies for Land Use 55 Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption or Freeze for Elderly and Disabled 56 Persons, pursuant to Division 3 of Chapter 35 of the City Code,this real estate tax rate shall be applied in the same 57 manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax rate imposed herein 58 shall be applied on the basis of one hundred percentum of the fair market value of such real property, except for 59 public service real property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 60 61 Sec.5. Amount of Levy on"Energy-Efficient Buildings". 62 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, 63 there shall be levied and collected for general purposes for the fiscal year 20189 taxes on all real estate that has 64 been classified as an energy efficient building, not exempt from taxation, at a rate of eighty-five and twenty-five 65 hundredths of a cents($0.8525) on each one hundred dollars of assessed valuation thereof. The real property tax 66 rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 67 property except for public service property,which shall be on the basis as provided in Section 58.1-2604 of the Code 68 of Virginia. 69 70 Sec.6. Amount of Levy on Properties Listed in the Virginia Landmarks Register. 71 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, 72 there shall be levied and collected for general purposes for the fiscal year 20189 taxes on buildings that are 73 individually listed on the Virginia Landmarks Register, not including the real estate or land on which the building is 74 located, so long as the building is maintained in a condition such that it retains the characteristics for which it was 75 listed on the Virginia Landmarks Register at a rate of fifty-three and twenty-five hundredths of a cent($0.5325)on 76 each one hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be 77 applied on the basis of one hundred percentum of fair market value of such real property except for public service 78 property,which shall be on the basis as provided by Section 58.1-2604 of the Code of Virginia. 79 80 Sec.7. Amount of Levy on Real Estate Within the Various Dredging Special Service Districts. 81 There shall be levied and collected for fiscal year 20189 taxes for the special purpose of providing 82 neighborhood channel dredging of creeks and rivers to maintain existing uses on all real estate within each special 83 service district listed below: 84 a. Old Donation Special Service District,not exempt from taxation,at the rate of eighteen and four-tenths 85 cents($0.184)on each one hundred dollars($100)of assessed value thereof. 86 b. Bayville Creek Special Service District, not exempt from taxation, at the rate of forty seven and two- 87 tenths cents($0.472)on each one hundred dollars($100)of assessed value thereof. 88 c. Shadowlawn Special Service District, not exempt from taxation, at the rate of fifteen and ninety-four 89 hundredths cents($0.1594)on each one hundred dollars($100)of assessed value thereof. 90 d. Chesopeian Special Service District, not exempt from taxation, at the rate of twenty nine and thirteen 91 hundredths cents($0.2913)on each one hundred dollars($100)of assessed value thereof. 92 e. Harbour Point Special Service District, not exempt from taxation, at the rate of seven and nine-tenths 93 cents($0.079)on each one hundred dollars($100)of assessed value thereof. 94 f. Gills Cove Special Service District, not exempt from taxation, at the rate of six and three-tenths cents 95 ($0.063)on each one hundred dollars($100)of assessed value thereof. 96 g. Hurd's Cove Special Service District, not exempt from taxation, at the rate of forty-three and eight- 97 tenths cents($0.438)on each one hundred dollars($100)of assessed value thereof. 98 99 This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. Except 100 as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply without 101 reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption or 102 Freeze for Elderly and Disabled Persons, City Code §§35-61, et seq. As set forth in Code of Virginia, section 15.2- 103 2403(6),written consent is required to apply this tax rate to the full assessed value of properties subject to special 104 use value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred 105 percentum (100%)of the fair market value of such real property except for public service real property,which shall 106 be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 107 108 Sec.8 Severability. 109 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 110 shall not affect the validity of the remaining portions of this ordinance. 111 112 Sec.9 Effective Date. 113 The effective date of this ordinance shall be July 1, 20188. 114 115 Requires an affirmative vote by a majority of all of the members of City Council. 116 117 Adopted by the City Council of the City of Virginia Beach,Virginia on the day of May,2018. 118 119 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley D.•. 'armeyer Budget and Management Services City Attorney's Office 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE 3 CALENDAR YEAR 2019 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 Sec.1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for 8 general purposes for the calendar year 20189 on all tangible personal property, including all separate 9 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise 10 provided for in this ordinance, at the rate of four dollars ($4.00) on each one hundred dollars ($100) assessed 11 valuation thereof. 12 13 Sec.2. Personal Property Tax Relief. 14 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not 15 otherwise exempted from taxation in this ordinance or by law,shall be subject to the following: 16 1. Any qualifying-vehicle with a total assessed value of$1,000 or less will be levied no tax, reflecting 17 a reimbursement of 100%Personal Property Tax Relief Act. 18 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 48.9% 19 49.7%of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the 20 state under the Personal Property Tax Relief Act equal to the remaining 51.1%50.3%of the computed tax on the 21 first$20,000 of assessed value. 22 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied /18.9%49.7% of the 23 computed tax based on the first $20,000 of assessed value and 100%of the computed tax based on the assessed 24 value in excess of$20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act 25 equal to the remaining 51.1%50.3%of the computed tax on the first$20,000 of assessed value. 26 27 Sec.3. Amount of Levy on Certain Classifications of Tangible Personal Property 28 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia,taxes shall be levied and collected for 29 general purposes for the calendar year 20189 on the certain classifications of tangible personal property set forth 30 below at the rate of four dollars($4.00)on each one hundred dollars($100)assessed valuation thereof. 31 a. heavy construction equipment as described in Code of Virginia§58.1-3506(A)(8); 32 b. computer equipment as described in Code of Virginia§58.1-3506(A)(11); 33 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution 34 control equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or 35 devices and certified recycling equipment,facilities or devices"; 36 d. furniture,office,and maintenance equipment as described in Code of Virginia§58.1-3506(A)(24); 37 e. all tangible personal property employed in a trade or business other than described in subdivisions A 38 1 through A 18,except for subdivision A 17,of§58.1-3503 as described in Code of Virginia §58.1-3506(A)(26); 39 f. programmable computer equipment and peripherals employed in a trade or business ad described in 40 Code of Virginia§58.1-3506(A)(27); 41 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 42 58-1-3506(A)(31); 43 h. forest harvesting and silvicultural activity as described in Code of Virginia§58-1-3506(A)(33); 44 i. equipment used primarily for research, development, production or provision of biotechnology as 45 described in Code of Virginia §58-1-3506(A)(34); 46 j. tangible personal property which is owned and operated by a service provider who is not a CMRS 47 provider and is not licensed by the FCC used to provide,for a fee,wireless broadband internet service as described 48 in Code of Virginia §58-1-3506(A) (37). 49 50 Sec.4. Amount of Levy on Manufactured Homes. 51 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all vehicles 52 without motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of 53 the Code of Virginia, at the rate of one dollar and twenty-five hundredths of a cent($1.0025)on each one hundred 54 dollars($100)of assessed valuation thereof. Such property declared a separate class of tangible personal property 55 in Section 58.1-3506(A)(10). 56 57 Sec.5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 58 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all boats or 59 watercraft used for business purposes(both boats weighing less than five (5)tons and boats weighing five(5)tons 60 or more), except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on 61 each one hundred dollars($100)of assessed valuation thereof. Such property declared a separate class of tangible 62 personal property in Sections 58.1-3506(A) (35)and(A)(36). 63 64 Sec.6.Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 65 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all boats or 66 watercraft not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or 67 more, except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents($1.50)on each 68 one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 69 personal property in Sections 58.1-3506(A)(1)(a)and(A)(1)(b). 70 71 Sec.7. Amount of Levy on Machinery and Tools. 72 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for 73 general purposes for the calendar year 20189 taxes on machinery and tools, including machinery and tools used 74 directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the 75 rate of one millionth of one cent($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As 76 provided by Code of Virginia § 58.1-3506 (B), the following personal property shall also be taxed at the rate of 77 machinery and tools: 78 a. all tangible personal property used in research and development businesses,as described in Code of 79 Virginia§58.1-3506(A)(7); 80 b. generating or cogenerating equipment,as described in Code of Virginia §58.1-3506(A) (9);and 81 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more 82 used to transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of 83 Virginia §58.1-3506(A)(25). 84 85 Sec.8.Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 86 There shall be levied and collected for general purposes for the calendar year 20189 taxes on all privately 87 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 88 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate 89 class of tangible personal property in Sections 58.1-3506(A)(12),(A)(28),and(A)(29). 90 91 Sec.9.Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers,and Motor Homes 92 Used for Recreational Purposes Only,and Privately Owned Horse Trailers. 93 There shall be levied and collected for general purposes for the calendar year 20189 taxes at the rate of 94 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the 95 following property: (a)all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the 96 Code of Virginia and privately owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for 97 recreational purposes only; and (b) privately owned trailers as defined in § 46.2-100 of the Code of Virginia that 98 are designed and used for the transportation of horses, except those trailers described in subdivision (A) (11) of§ 99 58.1-3505 of the Code of Virginia.Such property declared a separate class of tangible personal property in Sections 100 58.1-3506(A)(18)and(A)(30). 101 102 Sec. 10.Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 103 There shall be a reduced tax, levied and collected for general purposes for the calendar year 20189 at the 104 rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) 105 motor vehicle owned and regularly used by a veteran who has either lost,or lost the use of,one or both legs,or an 106 arm or a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of 107 Veterans'Affairs.Any motor vehicles in addition to the one(1)so taxed shall not qualify for the taxation at the rate 108 established herein, and shall be taxed at the rate or rates applicable to that class of property. To qualify, the 109 veteran shall provide a written statement to the Commissioner of the Revenue from the Department of Veterans' 110 Affairs that the veteran has been so designated or classified by the Department of Veterans'Affairs as to meet the 111 requirements of Section 58.1-3506 (A) (19), and that his or her disability is service connected. Such property 112 declared a separate class of tangible personal property in Section 58.1-3506(A)(19). 113 114 Sec.11.Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five 115 Years of Age or Anyone Found to be Permanently and Totally Disabled. 116 a. In accordance with Sections 58.1-3506.1 et seq.of the Code of Virginia,there shall be a reduced tax, 117 levied and collected for general purposes for calendar year 20189 at the rate of three dollars($3.00)on each one 118 hundred dollars($100.00)of assessed valuation,on one(1)automobile or pickup truck owned and used primarily 119 by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,as defined 120 in Section 58.1-3506.3 of the Code of Virginia,subject to the following conditions: 121 1. The total combined income received, excluding the first $7,500 of income, from all sources 122 during calendar year 20167 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 123 ($22,000). 124 2. The owner's net financial worth, including the present value of all equitable interests, as of 125 December 31 of calendar year 20167 excluding the value of the principal residence and the land, not exceeding 126 one(1)acre, upon which it is situated,shall not exceed seventy thousand dollars($70,000). 127 3. All income and net worth limitations shall be computed by aggregating the income and assets, 128 as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of 129 the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,irrespective of 130 how such motor vehicle may be titled. 131 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over 132 or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been 133 satisfied. 134 135 Sec.12.Amount of Levy on Computer Equipment and Peripherals Used in a Data Center. 136 There shall be levied and collected for general purposes for the calendar year 2019 taxes on all computer 137 equipment and peripherals used in a data center as authorized in § 58.1-3506(A)(43)of the Code of Virginia at the 138 rate of forty cents($0.40)on each one hundred dollars($100)of assessed valuation thereof. 139 140 Sec.la 13.Assessed Value Determination. 141 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above 142 sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for 143 the City of Virginia Beach. 144 145 Sec.II 14.Severability. 146 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 147 shall not affect the validity of the remaining portions of this ordinance. 148 149 Sec.4415. Effective Date. 150 This ordinance shall be effective January 1, 20189. 151 152 Requires an affirmative vote by a majority of all of the members of City Council. 153 154 Adopted by the City Council of the City of Virginia Beach,Virginia on the day of May, 2018. 155 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,29 R.A:XL.3 II David Bradley na Harrheye r Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO DECLARE $8,000,000 OF FUNDING 2 WITHIN THE SANDBRIDGE TAX INCREMENT FINANCING 3 DISTRICT AS SURPLUS FUNDS IN THE FY 2017-18 OPERATING 4 BUDGET 5 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special 6 Service District(Sandbridge SSD),were established to provide a funding source for beach and shoreline restoration 7 and management at Sandbridge; 8 9 WHEREAS,an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding 10 is adequate for long-term beach and shoreline restoration and management along Sandbridge; 11 12 WHEREAS,current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding 13 to meet long-term obligations for beach and shoreline restoration and management; 14 15 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the 16 project;and 17 18 WHEREAS,$8,000,000 is available as an unencumbered appropriation in the FY 20167-178 Sandbridge TIF 19 Reserve for Future Commitments. 20 21 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 22 23 That$8,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term 24 obligations for beach and shoreline restoration and management and is hereby declared surplus. 25 26 BE IT FURTHER ORDAINED:That this ordinance shall be effective on June 30, 2018. 27 28 Adopted by the City Council of the City of Virginia Beach,Virginia,on the day of May,2018. 29 30 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: otif David Bradley Dana Harmeyer Budget and Management Services City Attorney's Office 1 A RESOLUTION REGARDING THE CITY'S 2019 EMPLOYEE AND 2 RETIREE HEALTH INSURANCE PLANS 3 4 WHEREAS,the next Health Insurance Plan Year takes effect January 1, 20189; 5 6 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT 7 8 1. The City Manager or his designee is hereby authorized to work with the Consolidated Benefits Office to 9 implement the current three Health Insurance Plan Offerings of Basic, Standard and Premier to City and 10 School Employees and Retirees for the 2019 Plan Year and all subsequent Plan Years with an employer 11 contribution strategy that is consistent with the current employer contribution strategy and maintains the 12 three plan offerings.as outlined below: If the number of plan offerings changes or the current employer 13 contribution strategy changes, the City Manager shall present a resolution to the City Council seeking 14 approval of proposed changes. 15 16 a. Implement the plan design changes set forth in Attachment A for plan year 20178 and maintain three 17 plan offerings of Basic,Standard, and Premier. 18 19 b. Establish an employer contribution strategy as to provide a defined contribution to each tier of each 20 _ -- - -- - - _ •- _ . _ .. - - - - 21 Employee Only $490.53 Retiree Only $567.68 Employee Plus Child $743.77 Retiree Plus Child $820.94 Employee Plus Children $1,079.14 Retiree Plus Children $1,157.87 Employee Plus Spouse $901.84 Retiree Plus Spouse $1,065.69 Family $1,285.23 Retiree Family $1,447.53 22 23 _ - •-- - - _ - - - -- - - " - 24 ••-- _ _. - _ - -- _ - .. _- - - - 25 newly enrolled members that were eligible in 20 . _ . _ _. - - . - _ 26 27 d. Employees hired on or after July 1, 2014,will not receive an employer contribution to retiree health 28 iance.Per State law(Virginia Code§15.2 1517),such employees with fifteen y ars of continuous 29 - - - -- - -- • . - - _ .. - - _ - 30 upon retirement,but the retiree would be responsible for the full premium cost of the selec-# -plan. 31 32 2. The City Auditor is directed to conduct an audit of h alth care claims by an independent outside firm. The 33 - - - - - -- - -- - _ - - _ --• _ -- 34 35 3. The City Auditor is directed to provide for an actuarial valuation of retiree health insurance costs biennially 36 _ ---- -- __ --•-- - - - - - ...-- - - _ - 37 out Other Post Employment Benefits. 38 4-- 39 -39 40 2. This Resolution shall become effective on January 1, 20189. 41 42 Adopted by the Council of the City of Virginia Beach,Virginia, on the day of May, 2018. 43 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dot 1larmeyer Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL 2 FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 3 4 WHEREAS, the United States Congress has established legislation designated as the Housing and 5 Community Development Act of 1974 that sets forth the development of viable urban communities as a national 6 goal; and has established additional legislation addressing the goals of reducing homelessness, increasing 7 affordable housing opportunities, and providing housing for people with HIV/AIDS;and 8 9 WHEREAS,there is federal assistance available to help achieve these goals and conduct related activities; 10 and 11 12 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia 13 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban 14 Development and has created the necessary mechanisms for its implementation in compliance with federal and 15 local directives, 16 17 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 18 19 That the City Manager is hereby authorized and directed, as the executive and administrative head of the 20 City, to submit the City's FY 20178-189 Annual Funding Plan (the "Plan") and amendments thereto, along with 21 understandings and assurances contained therein and such additional information as may be required, to the 22 Department of Housing and Urban Development to permit the review,approval,and funding of the Plan. 23 24 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of May, 2018. 25 26 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley �. . Dana sHare r Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND SECTIONS 35-64 AND 35-67 OF 2 THE CITY CODE PERTAINING TO THE EXEMPTION OR 3 DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR DISABLED 4 PERSONS 5 SECTIONS AMENDED:§§35-64 AND 35-67 6 WHEREAS,the City Council has previously directed adjustments to the income component of the tax relief for 7 elderly and disabled persons to be adjusted annually to mirror the average increase or decrease of the value of 8 single family residences. 9 10 NOW,THEEFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 11 12 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: 13 14 Sec.35-64. General prerequisites to grant;effect of residency in hospital,nursing home,etc. 15 16 (a) Either the exemption or freeze, but not more than one (1), as provided for in this division shall be 17 granted to persons subject to the following provisions: 18 19 (1) The title to the property for which exemption or freeze is claimed is held, or partially held, on 20 June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or 21 freeze and is occupied as the sole dwelling of such person or persons. 22 23 (2) The head of the household occupying the dwelling and owning title or partial title thereto or 24 either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty- 25 five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided, 26 however,that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five(65)years 27 of age. 28 29 (3) For the tax exemption programs, the total combined income received from all sources during 30 the preceding calendar year by: (i)the owner or owners of the dwelling who use it as their principal residence and 31 (ii)the owner's or owners' relatives who live in the dwelling, shall not exceed - -- -- -- - -- -• -- 32 and fifty three five dollars ($53,753)fifty four thousand nine hundred and eighty nine dollars ($54,989) provided 33 that the first ten thousand dollars($10,000.00)of income of each relative,other than a spouse of the owner,who is 34 living in the dwelling, shall not be included in such total: and provided further that the first ten thousand dollars 35 ($10,000.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be 36 included in such total. 37 38 (4) For the tax freeze program, the total combined income received from all sources during the 39 preceding calendar year by: (i)the owner or owners of the dwelling who use it as their principal residence and (ii) 40 the owner's or owners' relatives who live in the dwelling,shall not exceed ceventy thousand one hundred and thirty 41 seven dollars($70,137)provided seventy one thousand seven hundred and fifty dollars ($71,750)that the first ten 42 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the 43 dwelling, shall not be included in such total; and provided that the first ten thousand dollars ($10,000.00) or any 44 portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. 45 46 (5) For the tax exemption programs, the net combined financial worth, including equitable 47 interests, as of December thirty-first of the year immediately preceding the taxable year,of the owners,and of the 48 spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is 49 situated,shall not exceed three hundred and fifty thousand dollars($350,000.00). 50 51 (6) For the tax freeze program, the net combined financial worth, including equitable interests, as 52 of December thirty-first of the year immediately preceding the taxable year,of the owners,and of the spouse of any 53 owner,excluding the value of the dwelling and the land(not exceeding one acre)upon which it is situated,shall not 54 exceed three hundred and fifty thousand dollars($350,000.00). 55 56 57 (7) The dwelling is occupied. 58 . . . . 59 Sec.35-67. Amount of exemption. 60 When a person claiming exemption under this division conforms to the standards and does not exceed 61 the limitations contained in this division,the tax exemption shall be as shown on the following schedule: 62 63 Total income, 64 All Sources Tax Exemption 65 $0:00—$44702-24;0 $0.00-41,966.00 100% 66 $11,022.01 $44;205.00 $41,966.01–$45,222.00 80% 67 $41,205.01 $47,388.00 $45,222.01-$48,478.00 60% 68 $47,388.01 $50,571.00 $48,478.01-$51,734.00 40% 69 $50,571.01 $53,753.00 $51,734.01-$54,989.00 20% 70 71 No lien shall accrue as a result of the amount certified as exempt. 72 73 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2018. 74 75 Adopted by the City Council of the City of Virginia Beach,Virginia,on this day of May, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: D. - Al David Bradley D'arfaTiar ever Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND SECTION 35-159 OF THE CITY CODE 2 PERTAINING TO TAX ON TRANSIENTS OBTAINING LODGING TO 3 EXTEND THE SUNSET OF THE FLAT ROOM RATE AND REMOVE THE 4 SUNSET OF 0.5% 5 WHEREAS City Council dedicated 1% of the percentage based tax and $1 of the flat tax on transients 6 obtaining lodging to the Tourism Advertising Program(TAP);and 7 8 WHERAS City Council dedicated 5%of the percentage based tax and$1 of the flat tax on transients obtaining 9 lodging to the Tourism Investment Program (TIP);and 10 11 WHERAS City Council dedicated $500,000 of the taxes on transients obtaining lodging to the Central 12 Business District Tax Increment Financing District;and 13 14 WHERAS the balance of all revenue generated by the taxes on transients obtaining lodging are retained by 15 the General Fund. 16 17 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 18 19 That Section 35-159 of the Code of the City of Virginia Beach is hereby amended and reordained to read as 20 follows: 21 22 Sec.35-159.Levied;amount. 23 24 (a) There is hereby levied and imposed on each transient a tax equivalent to eight(8) percent of the 25 total amount paid for lodging, by or for any such transient,to any lodging place, plus a flat tax of 26 two-dollars($2.00) for each night of lodging at any lodging place other than a campground.The 27 percentage-based portion of the tax rate shall be reduced by one half(0.5)percent on July 1,2018 28 .-: . •• --- - : -• -: :-- two and one-half(2.5)percent on June 30,2027.One dollar 29 ($1.00)of the flat tax dedicated to the Tourism Advertising Program shall remain in effect through 30 June 30, 2018 2023, and the remaining one dollar ($1.00) dedicated to the Tourism Investment 31 Program shall be in effect through December 31,2021. 32 (b) There is hereby levied and imposed on each transient within the Sandbridge Special Service 33 District (district) a tax, in addition to that levied in subsection (a) hereof, equivalent to one and 34 one-half percent of the total amount paid for lodging within the district, by or for any such 35 transient to any lodging place,excluding hotels, motels and travel campgrounds. 36 37 BE IT FURTHER ORDAINED:That this ordinance shall become effective as of the date of adoption. 38 39 Adopted by the Council of the City of Virginia Beach,Virginia,on the th day of May,2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \Djah ?2/ David Bradley Dana atmeye Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO FURTHER DESCRIBE THE USES OF THE 2 AGRICULTURE RESERVE PROGRAM SPECIAL REVENUE FUND 3 WHEREAS, the City Council has periodically dedicated revenues to targeted programs, and such revenue 4 dedications are subject to appropriation of funds by the Council;and 5 6 WHEREAS, on May 9, 1995 the City Council adopted the Agricultural Lands Preservation Ordinance, 7 establishing the Agricultural Reserve Program ("ARP")for the preservation of agricultural lands within the City,and 8 the City Council initially dedicated One and one-half cent of the real estate tax for purposes of funding the ARP;and 9 10 WHEREAS, on May 11, 2004 the City Council lowered the amount of real estate tax dedicated to the ARP 11 from one and one-half cent($0.015)to one cent($0.01);and 12 13 WHEREAS, on May 9, 2006, the City Council lowered the amount of real estate tax dedicated to the ARP 14 from one cent($0.01)to nine tenths of one cent($0.009);and 15 16 WHEREAS,On May 12,2015 the City Council adopted an ordinance that lowered the amount of real estate 17 tax dedicated to the ARP from nine tenths of one-cent($0.009)to fifty-six hundredths of one-cent($0.0056);and 18 19 WHEREAS, on May 9, 2017 the City Council increased the amount of real estate tax dedicated to the ARP 20 from fifty-six hundredths of one-cent($0.0056)to nine tenths of one cent($0.009); 21 22 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 23 That City Council hereby establishes the purposes and uses of funding in the Agricultural Reserve Program 24 Special Revenue Fund to include the following: 25 a. The continued payment of interest upon existing installment purchase agreements and the FTEs and 26 operating expenditures supporting this function; 27 b. The entry of new installment purchase agreements (purchase of Treasury STRIPS and interest 28 payments)with an anticipated addition of 300 acres per year; 29 c. Paygo funding of storm water capital projects that benefit the southern portion of the City such as CIP 30 7-024, "Southern Canal/Lead Ditch and Culvert Improvements;" 31 d. A one-time use of ARP Special Revenue Fund fund balance for CIP 7-047, "Ashville Park Drainage 32 Improvements." 33 34 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be July 1, 2018. 35 36 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of May,2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana H. meyer Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND SECTION 8-31 OF THE 2 CITY CODE PROVISIONS PERTAINING TO FEES 3 FOR BUILDING PERMITS AND PLAN REVIEW 4 5 Section Amended: City Code § 8-31 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 8-31 is hereby amended to the Code of the City of Virginia Beach, 11 Virginia to read as follows: 12 13 Sec. 8-31. - Permit fees—Building permits. 14 15 (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any 16 building or structure as defined in the Virginia Uniform Statewide Building Code 17 without first obtaining a building permit therefor and paying the permit fees set forth 18 in this section. 19 20 (b) The minimum fee for any building permit shall be thirty dollars ($30.00). There shall 21 be a fee in the amount of one hundred dollars ($100.00) for the modification of an 22 existing permit. 23 24 (c) For the construction of any building or addition thereto where the floor area is 25 increased and for the installation or erection of any industrialized building unit, the fee 26 shall be based on the floor area to be constructed, as computed from exterior building 27 dimensions at each floor, as follows: 28 29 . . . . 30 31 32 (14)Administrative fee: If any construction, alteration, repair, or other work 33 requiring a permit under this article is commenced before a permit is secured 34 and fee paid for same, an administrative fee of two hundred fifty dollars 35 ($250.00) shall be added to the fee due. Payment of such administrative fee 36 shall not in any way relieve the violator of any criminal prosecution. 37 38 (14.1) There shall be a fee of fifty dollars ($50.00) for the waiver of formal site plan 39 review. 40 41 (14.2) There shall be a fee of twenty five dollars ($25.00)for an Asbestos Removal 42 Permit. 43 44 (14.3) There shall be a fee of twenty five dollars ($25.00) for a code verification 45 letter. 46 47 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars 48 ($30.00). 49 50 (16) Reinspection fee: There shall be a minimum of seventy-five dollars ($75.00) 51 additional fee charged for each reinspection. 52 53 (16.1) DFU pre-inspection fee: There shall be a fifty dollar ($50.00) fee for pre- 54 inspections for DFU disconnections. 55 56 (17) Appeal: The fee for submitting an appeal to the board of building code 57 appeals shall be two hundred fifty dollars ($250.00). Such fee shall be paid 58 by the appellant. 59 60 (17.1) There shall be a review fee of four hundred dollars ($400.00) for review of 61 special uses or occupancy. 62 63 (18) Change of use/certificate of occupancy for existing structure(s): 64 65 a. The minimum fee for the inspection of any new construction or existing 66 structure requested by the permit holder shall be seventy-five dollars 67 ($75.00) for each inspection. 68 69 b. The minimum fee associated with a change of use or request for a 70 certificate of occupancy for an existing structure or structures on the 71 same property shall be seventy-five dollars ($75.00). 72 73 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars 74 ($50.00) paid at the time of application. If the application is approved, the 75 septic tank permit shall be issued with no additional fee. 76 77 (20) There shall also be a review fee in the amount of eee two hundred fifty dollars 78 ($150.00 200.00) for review of commercial plans. There shall be a review fee 79 for a minor commercial plan of one hundred dollars ($100.00). 80 81 (20.1) There shall be a review fee in the amount of fifty dollars ($50.00) for review 82 of commercial plans at the counter. 83 84 (20.2) There shall be a review fee in the amount of one hundred ($100.00) for 85 review of any revision of a commercial plan. 86 87 (21) There shall also be a review fee in the amount of seventy five one hundred 88 dollars ($75.00 100.00) for review of residential plans. 89 90 (21.1) There shall be a review fee in the amount of twenty five dollars ($25.00) for 91 review of residential plans at the counter. 92 2 93 (21.2) There shall be a review fee in the amount of twenty five dollars ($25.00) for 94 any revision to a residential plan. 95 96 (22) There shall also be a review fee in the amount of seventy five dollars ($75.00) 97 for review of fire plans. 98 99 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 100 , 2018. 101 102 This Ordinance shall be effective July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plag Department City Attorney's Office CA14284 R-2 March 1, 2018 3 1 AN ORDINANCE TO AMEND SECTIONS 6-138 AND 2 6-152.5 OF THE CITY CODE PERTAINING TO FEES 3 FOR WATERFRONT CONSTRUCTION AND 4 DREDGING 5 6 Sections Amended: City Code §§ 6-138 and 6-152.5 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 6-138 and 6-152.5 of the City Code are hereby amended to read as 12 follows: 13 14 ARTICLE VI. - PERMIT TO CONSTRUCT, ALTER OR REPAIR LANDINGS, DOCKS 15 AND SIMILAR STRUCTURES 16 . . . . 17 18 Sec. 6-138. - Fee. 19 20 The application processing fee for a permit required by this article shall be one two 21 hundred thirty dollars ($1-09230.00). The fee for a building permit required by this article 22 shall be based on the cost of the construction as provided in section 8-31(a) of the City 23 Code. 24 . . . . 25 26 ARTICLE VII. - PERMIT FOR DREDGING, FILLING, ETC., IN WATERS, 27 MARSHLANDS AND LOWLANDS 28 . . . . 29 30 Sec. 6-152.5. - Fee. 31 32 The fee for a permit required by this article shall be one two hundred thirty dollars 33 ($100230.00). 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2018. 37 38 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: d(//)" ,,, Planning Department City Attorney's Office CA1428/R-2/March 1, 2018 1 AN ORDINANCE TO AMEND SECTION 6.3 OF 2 APPENDIX K, FLOODPLAIN ORDINANCE 3 PERTAINING TO THE FEE FOR A VARIANCE 4 5 Section Amended: Floodplain Ordinance § 6.3 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That Section 6.3 of Appendix K, the Floodplain Ordinance is hereby amended to 15 read as follows: 16 17 Sec. 6.3. - Application process. 18 A. Applications for variances from the requirements of this ordinance shall be made 19 to the city council and filed with the director of planning. The fee for such 20 applications shall be six hundred fifty dollars ($650.00). Such fee shall include all 21 costs of notifications and advertising. Except in cases in which such fee is waived, 22 the director shall not accept any application not accompanied by payment of the 23 required fee. The procedure for the advertising, hearing and determination of 24 applications for floodplain variances shall be in accordance with the requirements 25 pertaining to applications for subdivision variances, as set forth in section 9.4 of 26 the subdivision ordinance. In cases in which a variance application is filed by 27 reason of a natural disaster that is the subject of a federal declaration of 28 emergency, application and associated advertising fees shall be waived and such 29 application shall be given expedited processing to the maximum practical extent. 30 31 This Ordinance shall be effective on July 1, 2018. 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 33 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: K-32-K)1()Cs'H Planning Department City Attorney's Office CA14289/R-2/March 1, 2018 1 AN ORDINANCE TO AMEND SECTION 110 OF APPENDIX 2 F, CHESAPEAKE BAY PRESERVATION AREA 3 ORDINANCE PERTAINING TO THE FEE FOR A VARIANCE 4 5 Section Amended: Appendix F, Chesapeake Bay 6 Preservation Area Ordinance § 110 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 110 of Appendix F, the Chesapeake Bay Preservation Area 16 Ordinance is hereby amended to read as follows: 17 18 Sec. 110. - Variances. 19 . . . . 20 (C) Board variances. The City Manager shall review any other application for a 21 variance and the water quality impact assessment and provide the Board with an 22 evaluation of the potential impacts of the proposed variance and such other 23 information as may aid the Board in considering the application. No such application 24 shall be accepted by the City Manager unless accompanied by a nonrefundable fee 25 in the amount of three four hundred fifty dollars ($300450.00). Such fee shall include 26 all costs of notification and advertising. The City Manager shall transmit the 27 application and supporting information and evaluation to the members of the Board 28 and the applicant no less than five (5) days prior to the scheduled hearing on such 29 application. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 32 , 2018. 33 34 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i- Planning Department City Attorney's Office CA14290/R-2/March 1, 2018 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO FLEXIBLE 2 HOLIDAYS 3 SECTION AMENDED: §2-83 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 1. That Section 2-83 of the Code of the City of Virginia Beach, Virginia is hereby amended and 7 reordained to read as follows: 8 9 Sec.2-83.Holidays. 10 11 (a) The following days are designated as full-paid "holidays" and shall be so observed by the city. All 12 permanent and probational merit employees shall be covered by the provisions of this section. 13 14 15 16 (11) Two (2)Three (3) flexible personal holidays (to be taken as a personal, national, religious or other 17 holiday the city does not observe). Part-time employees shall not be eligible for these holidays. 18 19 20 21 (d) Employees who have been in a nonpay status for more than fourteen (14) days prior to any holiday 22 shall not be eligible for compensation for holidays(1)through(10)listed in paragraph(a)above. I itien 23 24 - 25 -' - - 26 27 2. The effective date of this ordinance is January 1, 2019. Adopted by the City Council of the City of Virginia Beach,Virginia on the day of May, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a/1JL C2Z}Q--2 David Bradley Dina H`` meyer Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CITY 2 HOLIDAYS TO MAKE CHRISTMAS EVE A HOLIDAY 3 SECTION AMENDED: §2-83 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 5 6 1. That Section 2-83 of the Code of the City of Virginia Beach, Virginia is hereby amended and 7 reordained to read as follows: 8 9 Sec.2-83. Holidays. 10 11 (a)The following days are designated as full-paid "holidays"and shall be so observed by the city.All 12 permanent and probational merit employees shall be covered by the provisions of this section. 13 14 (9)The twenty-fourth day of December(Christmas Eve). 15 {94(10)The twenty-fifth day of December(Christmas Day). 16 (10)(11) e- _ .. - -- . _- _ .. .. . - ' - 17 when Christmas Eve falls on a Friday,Saturday or Sunday. 18 19 20 If any holiday enumerated in (1)through (910)above falls on a Saturday or Sunday,the city manager shall 21 determine when the holiday will be observed and shall so notify affected employees and the public at least 22 thirty(30)days prior to the holiday.If no such notice is provided by the city manager,then when any holiday 23 enumerated in (1)through (910)above falls on a Saturday,the Friday next preceding such a day shall be a 24 holiday,and when any holiday enumerated in (1)through (910)above falls on a Sunday,the Monday next 25 following such day shall be a holiday. 26 27 28 29 (d) Employees who have been in a nonpay status for more than fourteen (14) days prior to any holiday 30 shall not be eligible for compensation for holidays(1)through(101)listed in paragraph(a)above.In addition 31 to the above holidays, employees with ten (10)years or more tenure shall receive a day off during the pay 32 period of their birthday as a paid holiday.This day cannot be accrued as annual leave. Any employee not 33 taking the birthday holiday shall not be eligible for overtime or compensatory time for not doing so. 34 35 2. The effective date of this ordinance is July 1, 2018. Adopted by the City Council of the City of Virginia Beach,Virginia on the day of May,2018. APPROVED AS TO CONTENT: APP:• I AS TO LEGAL SUFFICIENCY: David Bradley Dana --- ever Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 EQUIVALENT RESIDENTIAL UNIT(ERU) FEE 3 SECTION AMENDED: §32.5-2 4 WHEREAS, City Council held public a hearing on the proposed fee increase to provide for public 5 comment; 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 8 9 That Section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 10 to read as follows: 11 12 Sec.32.5-2. Definitions. 13 The following words and terms used in this section shall have the following meanings: 14 (a) Equivalent residential unit or ERU means the equivalent impervious area of a single-family 15 residential developed property per dwelling unit located within the city based on the statistical 16 average horizontal impervious area of a single-family residence in the city. An equivalent 17 residential unit (ERU) equals two thousand two hundred sixty-nine (2,269) square feet of 18 impervious surface area. 19 (b) ERU rate means the utility fee charged on an equivalent residential unit,which shall be forty-five 20 and eight-tenth cents ($0.458) per day, effective July 1, 2017; forty-eight and three-tenth cents 21 ($0.483) per day, effective July 1, 20189 fifty and eight-tenth cents ($0.508) per day, effective 22 July 1, 201-920, fifty-three and three-tenth cents ($0.533) per day, effective July 1, 20201 and 23 fifty-five and eight-tenth cents($0.558)per day,effective July 1,2021-2. 24 25 26 BE IT FURTHER ORDAINED:That the effective date of this ordinance shall be July 1, 2018. 27 28 Adopted by the Council of the City of Virginia Beach,Virginia, on this_day of May,2018. 29 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1.0111 (-) 0 �I David Bradley Dana 'armeyer Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO ADOPT THE FY 2019/FY 2024 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $394,745,267 FOR 3 THE FY 2019 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS,the City Manager,on March 27,2018,presented to City Council the Capital Improvement Program for fiscal 6 years 2019 through 2024; 7 8 WHEREAS,City Council held public hearings on the program to provide for public comment; 9 10 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 11 Improvement Program;and 12 13 WHEREAS,it is necessary to appropriate funds for both existing projects and projects beginning in the 2019 fiscal year, 14 as set forth in said Capital Improvement Program. 15 16 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 17 18 Section 1. That the Capital Improvement Program,as modified,for the construction of,or addition to,capital facilities 19 identified for fiscal years 2019 through 2024 is hereby adopted,and the projects listed therein are hereby approved as capital 20 projects. 21 22 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until 23 funds are so provided,the projects are for planning purposes only and may be deleted,altered,or rescheduled in any manner 24 at any time by City Council. 25 26 Section 3. That funds in the amounts aggregating$394,745,267 for capital projects in the Capital Budget for the 2019 27 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the 28 conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A—Capital Budget 29 Appropriations,"a copy of which is attached hereto. 30 31 Section 4. That in accordance with Section 2-196 of the City Code,financing sources in support of the Capital Budget 32 for the 2019 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B— 33 Financing Sources." 34 35 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital 36 Improvement Program and reallocated as identified in "Attachment C—Transfers,"a copy of which is attached hereto. 37 38 Section 6. That reductions in financing sources in support of the Capital Budget for the 2019 fiscal year as set forth in 39 said Capital Improvement Program are attached to this ordinance as"Attachment D—Changes in Financing Sources." 40 41 Section 7. That additional appropriations,the addition of capital projects, and changes in project scope shall not be 42 initiated except with the consent and approval of the City Council first being obtained. An appropriation for a project in the 43 Capital Improvement Program shall continue in force,and,to the extent required by law, re-appropriated for use in FY 2018- 44 19 until the purpose for which it was made has been accomplished or abandoned. 45 46 Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, 47 must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. 48 49 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the 50 Director of Budget and Management Services is authorized to approve transfers of appropriations in an amount up to 51 $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to 52 the City Council of all transfers between$25,000 and$100,000. The City Manager or the Director of Budget and Management 53 Services is hereby authorized to establish and administer the budgeting of capital projects consistent with best management 54 practices, reporting requirements and the Capital Improvement Program adopted by the City Council. 55 56 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 57 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" 58 mean water and sewer projects having the same name or project scope and description with the exception of"water" or 59 "sewer" being in the title and/or project scope and description. 60 61 Section 11. That the City Manager or the Director of Budget and Management Services is hereby authorized to change, 62 subject to any applicable restriction of law or of any bonds or bond issue,the financing sources for the various capital projects 63 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 64 realized revenues. If the financing sources in support of capital projects decline,the City Manager or the Director of Budget 65 and Management Services is authorized to reduce,subject to any applicable restriction of law or of any bonds or bond issue, 66 those appropriations to equal the changed financing source.The City Manager must give prior notice to the City Council of 67 any reductions to total appropriations exceeding$100,000. The notice to City Council shall identify the basis and amount of 68 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 69 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 70 71 - - - -- -•- - .-- - • . .. „ :•-'. _ . . .. 72 • - " . . _ . . e_ " - - - - -" . - - -- 73 - - •- - _ 74 _ ' • • •• - . _ - 75 76 Section 12. That the funding source for an appropriation of $1,223,898 to CIP #9-017 "Arena Infrastructure 77 Development-Off Site" and an appropriation of $35,800 to CIP #9-015 "Arena Infrastructure Development-On Site", are 78 hereby changed from Public Facility Revenue Bonds to Tourism Investment Program Fund Fund Balance for the close-out of 79 all expenditures related to the Arena project that occurred within these projects. 80 81 Section 13. That $40,000 of appropriated state contribution funding for CIP #7-414 "Storm Water Quality 82 Enhancements- II" is hereby changed to federal contribution, and an amount of$50,000 is programmed for FY19-20 in CIP 83 #9-008 Historic Kempsville. 84 85 Section 14. That the project pages for#2-138"Atlantice Avenue Reconfiguration"and 7-047 "Asvhille Park Drainage 86 Improvements Phase I,"as provided in the Reconciliation Letter and amendments made thereto and attached to the Agenda 87 Item for the FY18-19 Resource Management Plan,are incorporated herein. 88 89 Section 43 15. That the Capital Improvement Program debt management policies contained and included in the 90 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report 91 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, 92 such information to be included in the Resource Management Plan submittal. The City Manager may propose modifications 93 to those policies and guidelines through the Resource Management Plan. 94 95 Section 44 16. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 96 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 97 98 Section 4417. Attachment B of this Ordinance includes$139,623,773 of funding using Public Facility Revenue Bonds 99 ("PFRB Financing"). "Attachment E — Projects Utilizing Public Facility Revenue Bonds," attached hereto and incorporated, 100 provides a list of projects that include PFRB Funding and the amount of PFRB Funding for Fiscal Year 2019. Without changing 101 the amount of total PFRB Funding authorized by this Ordinance,the Director of Finance is authorized to adjust the allocations 102 and/or amounts among the projects to ensure that the tax-exempt status for any resulting bonds is retained. 103 104 Section 46 18. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 105 person or persons responsible for the capital project in which the violation occurred. 106 107 Section 47 19. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid,such 108 decision shall not affect the validity of the remaining portions of this ordinance. 109 110 Section 48 20. That this ordinance shall be in effect from the date of its adoption;however,appropriations for the FY 111 2019 Capital Budget shall be effective on July 1, 2018. 112 113 Requires an affirmative vote of the majority of City Council 114 115 116 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of May, 2018. 117 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c.\\ ja L.p./..Q61 ,David Bradley Dana Hafineyer Budget and Management Services City Attorney's Office City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Buildings and Assets 3028000 Aquarium Marsh Pavilion Enhancements 1,365,680 3056000 Public Safety Equipment Replacement Project 1,200,000 3071000 VA Beach Public Library Transformation 2,014,714 3072000 City Hall Replacement 47,500,000 3074000 Aquarium Marsh Pavilion Phase II Aquarium Veterinary Care Center 10,637,869 3075000 Fire/EMS Station Burton Station 764,693 3115000 Judicial Center Maintenance 70,000 3132000 Heritage Building Maintenance II 625,000 3135000 Fire Apparatus IV 4,410,975 3140000 Energy Performance Contracts(City) 550,000 3141000 Various Buildings HVAC Rehabilitation&Renewal IV 653,972 3146000 VA Aquarium Bldg Systems&Facility Infrastructure 1,434,540 3149000 Various Buildings Rehabilitation and Renewal IV 3,000,000 3153000 Various Site Acquisitions III 1,343,644 3154000 Fire Training Center Improvements IV 1,038,155 3155000 Virginia Aquarium Renewal and Replacement III 600,000 3157000 Facilities Planning Services 200,000 3159000 EMS Headquarters Generator 801,728 3161000 Aquarium Seal Exhibit 500,000 3162000 Veterans Memorial Sustainment 250,000 3506000 Fire Facility Rehabilitation and Renewal III 500,000 3508000 ARC Flash Mitigation 700,000 3510000 Intermediate Care Facilities Renewal/Replacement 120,627 3518000 Convention Center Capital Maintenance 343,560 Total Buildings and Assets Projects 80,625,157 Coastal 8011000 Various Minor Dredging Projects II 375,000 8013000 Lynnhaven Inlet Maintenance Dredging II 350,000 8015000 Beach Profile Monitoring Program II 110,000 8020000 Bay Beaches Resiliency Study and Restoration 2,000,000 8024000 Pleasure House Point Mitigation Funds 115,000 8025000 Beach Replenishment II 2,250,000 8026000 Sandbridge Beach Restoration III 6,050,000 8405000 Sandbridge Beach Access Improvements II 300,000 8406000 Rudee Inlet Federal Dredging II 425,000 8407000 Rudee Inlet Outer Channel Maintenance Dredging II 700,000 Total Coastal Projects 12,675,000 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Economic and Tourism Development 9006000 Winston-Salem Avenue Improvements 3,202,084 9008000 Historic Kempsville 2,000,000 9020000 ViBe District Street Infrastructure Improvements 4,749,450 9028000 Lynnhaven Parkway Corridor Improvements 2,000,000 9030000 VA BEACH BIO Infrastructure I 2,880,188 9041000 Virginia Beach Sports Center 54,000,000 9045000 Central Beach and Convention Districts Parking 7,000,000 9047000 Town Center Reinvestment 150,000 9050000 Dome Site Streetscape 3,000,000 9053000 Dome Site Entertainment Venue 5,000,000 9055000 Town Center Garage and Plaza Capital Maintenance II 352,726 9056000 Oceanfront Parking Facilities Capital Maintenance/Development II 762,101 9059000 Oceana&ITA Conformity&Acquisition II 731,522 9081000 Strategic Growth Area Projects 200,000 9096000 Oceanfront Capital Projects Reinvestment 600,000 9141000 Economic Development Investment Program(On-Going) 2,476,760 9276000 Cape Henry Lighthouse Restoration II 150,000 9500000 Virginia Beach Amphitheater Capital Maintenance 410,000 Total Economic and Tourism Development Projects 89,664,831 Information Technology 3652000 CIT-Telecommunications Replacement II 100,000 3663000 CIT-Enterprise Scheduling and Timekeeping System 413,863 3664000 CIT-Next Generation Network 1,250,000 3683000 CIT-Maintain and Secure Corporate Data 230,000 3690000 CIT-Enterprise Customer Relationship Management System 608,166 3693000 CIT-IT Service Continuity II 1,000,000 3695000 CIT-21ST Century Enterprise Resource Planning(ERP)System 2,830,177 3697000 CIT-City Software Upgrade/Replacement Plan 1,805,900 3700000 CIT-Fire Asset Management System 518,827 3703000 CIT-Police Special Investigations Video Storage 926,248 3714000 CIT-Network Infrastructure Replacement III 2,163,070 3715000 CIT-Cable Access Infrastructure Replacement II 315,000 3717000 CIT-Accela Sustainment 350,000 3718000 CIT-Police Radio Encryption 400,000 3719000 CIT-Communications Infrastructure Replacement III 1,233,777 Total Information Technology Projects 14,145,028 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Parks and Recreation 4044000 Lynnhaven Marina Bulkhead Replacement&Facility Renovation 250,000 4064000 City Bikeways and Trails Plan Implementation II 475,000 4079000 Thalia Creek Greenway I 300,000 4080000 Sportsplex/Field Hockey National Trng Ctr Rep/Reno I 726,135 4300000 Community Recreation Centers Repairs and Renovations III 2,000,000 4301000 Parks and Special Use Facilities Development/Reno III 1,650,660 4302000 Golf Courses Contractual Obligations-Maintenance I 120,000 4303000 Greenways,Scenic Waterways and Natural Areas III 250,000 4305000 Tennis Court Renovations III 300,000 4306000 Open Space&Park Infrastructure Development&Maintenance II 2,500,000 4307000 Athletic Fields Lighting and Renovations III 275,000 4500000 Park Playground Renovations III 400,000 4517000 Stumpy Lake Golf Course Contractual Obligations I 11,238 4519000 Bikeways/Trails Repairs and Renovations I 280,000 Total Parks and Recreation Projects 9,538,033 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Roadways 2022000 Major Bridge Rehabilitation II 1,160,000 2024000 Rural Road Improvements II 250,000 2025000 Witchduck Road Phase II 3,021,328 2026000 Street Reconstruction II 2,150,000 2027000 Various Cost Participation Projects II 25,000 2028000 Wetlands Mitigation Banking II 100,000 2038000 Rosemont Road Phase V 2,000,000 2040000 Laskin Road Bridge Replacement(VDOT) 10,907,302 2050000 Landstown Road Improvements Phase I 1,547,583 2072000 First Colonial Rd&VA. Beach Blvd. Intersection Imp. 3,000,000 2088000 West Neck Road Phase IV 1,840,690 2094000 Bus Stop Infrastructure and Accessibility Improvements 250,000 2111000 Traffic Safety Improvements IV 1,402,161 2125000 Indian River Road Phase VII-B 860,000 2126000 Laskin Road Phase I-A(VDOT) 7,000,108 2127000 1-264/Independence Interchange Improvements 250,000 2131000 Pungo Ferry Bridge Rehabilitation 3,900,000 2152000 Elbow Road Extended Phase II-B 4,641,558 2154000 General Booth Boulevard/Camp Pendleton Intersection Improvements 350,000 2160000 Citywide Street Lighting Improvements II 160,000 2165000 Laskin Road Phase II 101,083 2195000 Princess Anne Road Phase VII 1,754,457 2409000 Centerville Turnpike Phase II 5,256,552 2410000 Traffic Signal Rehabilitation II 150,000 2414000 Shipps Corner Road Improvements 304,358 2416000 Sandbridge Road Bridge Replacement 2,992,664 2418000 Indian River Rd/Kempsville Rd Intersection Improvements 755,879 2419000 Centerville Turnpike Phase III 954,037 2501000 Nimmo Parkway Phase II-A 2,657,944 Total Roadways Projects 59,742,704 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Schools 1003000 Renovation and Replacement Energy Management/Sustainability 2,000,000 1004000 Tennis Court Renovations-Phase II 200,000 1043000 Thoroughgood Elementary School Replacement 6,081,241 1056000 Princess Anne Middle School Replacement 14,834,759 1110000 Energy Performance Contracts-Phase II 5,000,000 1178000 Renovations and Replacements-Grounds III 1,325,000 1179000 Renovations and Replacements-HVAC III 5,650,000 1180000 Renovations and Replacements-Reroofing III 4,200,000 1182000 Renovations and Replacements-Various III 1,850,000 1184000 Plaza Annex/Laskin Road Office Addition 6,070,000 1185000 Elementary School Playground Equipment Replacement 250,000 Total Schools Projects 47,461,000 Sewer Utility 6041000 Pump Station Modifications V 2,840,000 6051000 Indian River Rd.Sewer Improvements Phase VII (VDOT) 15,000 6058000 Royal Palm Arch Sanitary Sewer Rehabilitation 5,200,000 6070000 Infiltration, Inflow,and Rehabilitation V 1,000,000 6075000 Laskin Road Sewer Improvements Phase I(VDOT) 800,000 6088000 Cleveland Street Sewer Improvements 500,000 6091000 Sewer Requests&Agreements VI 51%Program 50,000 6099000 Arrowhead Susquehanna Sanitary Sewer Rehabilitation Ph III 200,000 6107000 Sewer Pump Repairs and Replacements 400,000 6110000 Sanitary Sewer Regulatory Compliance Program II 1,760,000 6122000 Service Order Automation Phase II 50,000 6151000 Landstown Yard Improvements IV 265,000 6405000 Customer Information System Version Migration 150,000 6501000 Auxiliary Power Program-Sewer Pump Stations Phase III 1,000,000 6552000 Sanitary Sewer System Revitalization Program II 2,300,000 6556000 Various Roadway/Storm Water Coordination VI 500,000 6601000 First Colonial Rd/VA Beach Blvd Intersection Improvements 1,250,000 6952000 Sewer Pump Station Flow Monitoring&Data Storage 1,000,000 6953000 Sewer Tap Installation Program II 375,000 Total Sewer Utility Projects 19,655,000 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Storm Water 7005000 North Lake Holly Watershed 1,200,000 7023000 Primary System Infrastructure Improvements II 2,270,000 7024000 Southern Canal/Lead Ditch and Culvert Improvements 1,390,000 7026000 Residential Drainage Cost Participation Program II 50,000 7027000 SWM Master Planning,Analysis,and Inventory 1,700,000 7028000 Windsor Woods Drainage 1,500,000 7041000 Central Resort District Drainage Improvements 500,000 7042000 Surface Water Regulatory Compliance Program 2,400,000 7043000 Water Quality and Restoration Participation Projects II 50,000 7047000 Ashville Park Drainage Improvements Phase I 6,000,000 7048000 Sherwood Lakes Drainage Improvements 2,000,000 7050000 Princess Anne Plaza Drainage Area 3,000,000 7053000 Lake Bradford/Lake Chubb 1,084,100 7054000 Lynnhaven River Watershed-II 1,759,068 7055000 Canal Management Phase I 500,000 7151000 Eastern Shore Drive Drainage Phase I 4,200,000 7406000 Elizabeth River TMDL Implementation Plan 1,100,000 7410000 Southern Rivers TMDL Implementation Plan 400,000 7411000 Oceanfront Storm Water Facilities Maintenance 2,650,000 7412000 Storm Water Pump Station Modifications 1,250,000 7413000 Neighborhood SW Infrastructure Improvements II 550,000 7414000 Storm Water Quality Enhancements-II 2,902,694 7415000 Lake Management II 4,947,652 7416000 SW Infrastructure Rehabilitation&Improvements II 4,750,000 Total Storm Water Projects 48,153,514 City of Virginia Beach,Virginia Attachment A—Capital Budget Appropriations Project Appropriations Number Projects FY 2018-19 Water Utility 5010000 Lake Gaston Raw Water Transmission System Rehabilitation I 1,680,000 5014000 Water Pump Repairs and Replacements 250,000 5020000 Cleveland Street Water Improvements 500,000 5023000 Great Neck Water Tank Replacement 2,200,000 5030000 Shore Drive Water Line Improvements Phase III(VDOT) 3,000,000 5033000 Water Transmission System Upgrade Program II 1,320,000 5122000 Service Order Automation-Phase II 50,000 5149000 Indian River Road Water Improvements Phase VII (VDOT) 85,000 5151000 Landstown Yard Improvements Phase IV 250,000 5207000 Laskin Road Water Improvements Phase I (VDOT) 700,000 5251000 Various Roadway&Storm Water Coordination VI 800,000 5254000 Water Requests&Agreements VI 51%Program 50,000 5260000 Utility Crossings Program II 350,000 5405000 Customer Information System Version Migration 150,000 5601000 First Colonial Rd/VA Beach Blvd Intersection Improvements 950,000 5708000 Resort Area Neighborhood Revitalization 450,000 5953000 Water Tap Installation Program II 300,000 Total Water Utility Projects 13,085,000 Total Capital Budget 394,745,267 City of Virginia Beach,Virginia Attachment B—Financing Sources Capital Budget Financing Sources FY 2018-19 Federal Contribution 9,289,406 Franchise Fees 315,000 Fund Balance-General Fund 27,927,320 Fund Balance-Other 2,750,000 General Appropriations 51,721,819 General Obligation Bonds 76,073,608 Insurance Recovery 412,101 Lease of Properties(BRAC) 167,595 Lease of Property 98,172 Medicaid Cost Settlement 120,627 Miscellaneous Funding 96,550 Parking Enterprise Fund 350,000 Private Contribution 928,150 Public Facility Bonds 139,623,773 Retained Earnings-Telecommunications 100,000 Retained Earnings-Water and Sewer Fund 20,240,000 Sale of Property 6,263,009 State Contribution 7,691,133 Storm Water Utility Bonds 30,077,004 Storm Water Utility Fund 8,000,000 Water and Sewer Fund 12,500,000 Total Capital Budget 394,745,267 Attachment C-Transfers Appropriations Prior to Project# FY 2018-19 Schools Transfer To: 1184000 Plaza Annex/Laskin Road Office Addition $ 250,000 Total Transfer To: $ 250,000 Transfer From: 1019000 Great Neck Middle School Replacement $ 250,000 Total Transfer From: $ 250,000 Roadways Transfer To: 2152000 Elbow Road Phase II-B $ 2,279,649 2409000 Centerville Turnpike Phase II $ 3,673,502 2117000 Shore Drive Corridor Imp Phase III $ 2,100,912 2110000 Nimmo Parkway Phase VII-B $ 500,000 2040000 Laskin Road Bridge Replacement $ 6,157,707 2126000 Lasking Road Phase I-A $ 126,500 2024000 Rural Road Improvement II $ 834,424 Total Transfer To: $ 15,672,694 Transfer From: 2158000 Holland Road Phase VI $ 3,023,372 2167000 Lynnhaven Parkway Phase XI $ 5,000,000 2401000 Greenwich Road Crossover $ 1,500,000 2038000 Rosemont Road Phase V $ 97,215 2156000 Laskin Road Phase I-B $ 2,762,683 2048000 Princess Anne Rd/Kempsville $ 2,000,000 2107000 Seaboard Rd $ 230,000 2149000 Birdneck Road Phase II $ 225,000 2021000 Rural Road Improvement $ 834,424 Total Transfer From: $ 15,672,694 Storm Water Transfer To: 7411000 Oceanfront Stormwater Facilities Maintenance $ 222,740 7406000 Elizabeth River TMDL Implementation Plan 98,057 7050000 Princess Anne Plaza Drainage Area 73,597 $ 394,394 Transfer From: 7034000 Stormwater Operations Modular Building $ 222,740 7033000 Storm Water Maintenance Backlog $ 73,597 7159000 Water Quality Participation Project $ 53,100 Attachment C-Transfers Appropriations Prior to Project# FY 2018-19 7183000 Storm Water Quality Enhancements- I $ 44,957 Total Transfer From: $ 394,394 Parks and Recreation Transfer To: 4047000 Little Island Park Parking Lot Improvements $ 1,797,400 4306000 Open Space & Park Infrastructure Development&Maintenance II $ 275,000 Total Transfer To: $ 2,072,400 Transfer From: 4509000 Replacement of Kempsville Recreater Center $ 1,797,400 4308000 Open Space Program Site Acquisition Phase III $ 275,000 Total Transfer From: $ 2,072,400 Water and Sewer Utility Transfer To: 6041000 Pump Station Modification Program V $ 5,259,733 Total Transfer To: $ 5,259,733 Transfer From: 5019000 Advanced Water Metering $ 300,000 5045000 Rosemont Road PH Water Improvements $ 2,000,000 6019000 Resort Area Neighborhood Revitalization $ 1,000,000 6550000 Comprehensive Sewer Master Planning V $ 200,000 5089000 Var Roadway/Storm Water Coordination V $ 404,492 5116000 Prosperity Road Water Improve 51%Program $ 266,397 5602000 PA Rd/Kempsville Rd Intersection Improvements $ 672,583 6090000 Clean Water Act Compliance Studies $ 113,598 6566000 Nimmor Parkway Sanitary Sewer Ext-Phase V $ 297,145 6973000 Sanitary Sewer Capacity Program I $ 5,517 Total Transfer From: $ 5,259,733 Information Technology Transfer To: 3693000 IT Service Continuity II $ 182,778 3695000 21st Century Enterprise Resource Planning $ 1,827,532 Total Transfer To: $ 2,010,310 Transfer From: Attachment C-Transfers Appropriations Prior to Project# FY 2018-19 3052000 IT Service Continuity $ 182,778 3657000 Disaster Recovery IV-Electrical Backup/Bldg Access $ 17,584 3678000 Fire Mobile Radio Repeaters $ 18,480 3706000 Sheriff Inmate Tracking and Status Monitoring $ 48,921 3681000 Electronic Procurement System $ 1,742,547 Total Transfer From: $ 2,010,310 Buildings Transfer To: 3156000 Virginia Aquarium Parking Garage Study $ 250,000 Total Transfer To: $ 250,000 Transfer From: 3146000 VA Aquarium Bldg Systems& Facility Infastructure $ 250,000 Total Transfer From: $ 250,000 Miscellaneous Transfer To: 3141000 Various Buildings HVAC Rehabilitation &Renewal IV $ 1,846,028 Total Transfer To: $ 1,846,028 Transfer From: 2143000 Laskin Road Gateway-Phase 1-A $ 135,535 2157000 Lynnhaven Parkwat-Phase IX $ 24,266 2305000 Princess Anne Rd- PH IV $ 33,973 2502000 West Neck Road (TAN) $ 144,960 3021000 Fire and Rescue Station-Thalia $ 24,650 3037000 Thalia State Revitalization $ 5,135 3049000 New Voting System $ 84,725 3175000 Virginia Beach Lifelong Learning Center $ 8,625 3622000 CIT- Library Automated Materials Handling $ 15,097 3606000 CIT-Fire Station Alerting $ 30,109 3631000 CIT-SOC Services Interface System Replacement $ 83,102 3551000 CIT-Enterprise Business App $ 19,788 8002000 Beach Profile Monitoring Program $ 1,032 8023000 Sandbridge Beach Access Improvements $ 15,000 9007000 Resort Public Transit Relocation $ 14,760 9058000 Rudee Walk(Partial) Phase I $ 25,453 2092000 Virginia Beach Transit Extension Project $ 93,038 2108000 Light Rail Corridor Shared-use Path $ 18,000 3057000 Self Contained Breathing Apparatus $ 553 3093000 CIT-Planning Bus System Integration $ 4,703 3147000 Historic Prop Acqisiton Revolving $ 2,793 3301000 Ferry Plantation House $ 2,022 Attachment C-Transfers Appropriations Prior to Project# FY 2018-19 3367000 Various Buildings Rehab and Renewal Phase II $ 205,548 3505000 Building Modernization/Renewal/Replacement $ 47,119 3607000 CIT- Data Storage/MGMT Evidentiary $ 163,400 3608000 CIT-Disaster Recovery Data Center $ 1,261 3614000 Fire Radio Replace/In-mask Communication $ 152,763 3632000 Planning Business System Integration $ 15,477 4309000 Mt Trashmore District Park Renovations $ 27,965 4505000 Modernize Bow Creek Recreation $ 9,218 8008000 Beach Replinishment $ 289,194 8933000 Landfill#2 Expansion $ 146,765 Total Transfer From: $ 1,846,028 Attachment D- Reductions in Funding Amount of Reduction in Appropriations Prior to Funding Project# FY 2018-19 Source Roadways 2040000 Laskin Road Bridge Replacement $ 7,500,000 State 2126000 Laskin Road Phase I-A 5,000,000 State 2152000 Elbow Road Extended Phase II-B 337,485 State 2168000 Lesner Bridge Replacement 317 Federal 2256000 Indian River Road Phase VII-A 335,025 State 2045000 Pacific Avenue Improvements Phase I 2,250,000 PFRB 2418000 Indian River Rd/ Kempsville Rd Intersection Improveme 1,307 Federal Total Reduction: $ 15,424,134 Economic and Tourism Development 9017000 Arena Infrastructure Development-Off Site $ 17,218,292 PFRB 9015000 Arena Infrastructure Development-On Site $ 44,984,200 PFRB Total Reduction: $ 62,202,492 Coastal 8500000 Old Donation Creek Area Dredging $ 192,525 Private Contribution 8501000 Bayville Creek Neighborhood Dredging 42,547 Private Contribution 8502000 Shadowlawn Area Dredging 31,193 Private Contribution 8504000 Harbour Point Neighborhood Dredging 30,648 Private Contribution Total Reduction: $ 296,913 Attachment E-Projects Utilizing Public Facility Bonds Summary of Adopted Public Facility Bonds: 1110000 Energy Performance Contracts II 5,000,000 2040000 Laskin Road Bridge Replacement 10,907,302 2126000 Laskin Road Phase I-A(VDOT) 6,007,631 3072000 City Hall Replacement 47,402,602 3140000 Energy Performance Contracts 550,000 4044000 Lynnhaven Marina Bulkhead Replacement&Facility Renovation 250,000 9041000 Virginia Beach Sports Center 54,000,000 9045000 Central Beach&Convention District Parking 7,000,000 9053000 Dome Site Entertainment Venue 5,000,000 9050000 Dome Site Streetscape 3,000,000 9020000 Vibe District Street Infrastructure Improvements 506,238 Total: $ 139,623,773 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF 3 VIRGINIA BEACH,VIRGINIA, IN THE MAXIMUM AMOUNT OF 4 $72,208,245 FOR VARIOUS PUBLIC FACILITIES AND GENERAL 5 IMPROVEMENTS 6 WHEREAS,the City of Virginia Beach,Virginia(the"City"),desires to authorize the issuance of general 7 obligation public improvement bonds for various purposes in the maximum amount of$72,208,245, as permitted by 8 the City Charter,without submitting the question of their issuance to the qualified voters. 9 10 WHEREAS, City Council held public hearings on the program to provide for public comment; 11 12 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 13 14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve 15 various public facilities and make general improvements, all of which will promote the public welfare of the City and 16 its inhabitants and will facilitate the orderly growth,development, and general welfare of the City,and to finance the 17 costs thereof through the borrowing of up to$72,208,245 and issuing the City's general obligation bonds therefore. 18 19 2. That,pursuant to the City Charter and the Public Finance Act of 1991,there are hereby authorized 20 to be issued general obligation public improvement bonds of the City in the maximum amount of$72,208,245, to 21 provide funds, together with other funds that may be available, for various public improvement projects, including 22 School, Roadway,Coastal, Economic and Tourism,and Building projects,for project activities that include, but are not 23 limited to, the following: preliminary studies and surveys, permit compliance, environmental assessment, planning, 24 design, engineering, site acquisition, relocation of residents, utility relocation, construction, renovation, expansion, 25 repair, demolition, site improvement, site work, legal services, inspection and support services, furniture and 26 equipment,and contingencies. 27 28 3. That the bonds may be issued as a separate issue at one time or in part from time to time or 29 combined with bonds authorized for other purposes and sold as part of one or more combined issues of public 30 improvement bonds. 31 32 4. That the bonds shall bear such date or dates,mature at such time or times not exceeding 40 years 33 from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such 34 time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 35 36 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, 37 if any, and interest on which its full faith and credit shall be irrevocably pledged. 38 39 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 40 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 41 hereof through the date of the issuance of the Bonds. 42 43 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 44 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 45 46 8.That this ordinance shall be in full force and effective from its passage. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. 49 50 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of May, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _L) J2� David Bradley Dana)ar-rieyer Budget and Management Services City Attorney's Office 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY 2 SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH,VIRGINIA,IN 3 THE MAXIMUM AMOUNT OF$30,077,004 4 WHEREAS,the City of Virginia Beach,Virginia(the"City"),desires to authorize the issuance of storm water utility 5 system revenue bonds in the maximum amount of$30,077,004 for financing improvements and expansions to the City's storm water 6 utility system(the"System"),as permitted by the City Charter without submitting the question of their issuance to the qualified voters. 7 8 WHEREAS,City Council held public hearings on the program to provide for public comment; 9 10 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 11 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 13 extending the System,which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development,and general welfare of the City,and to finance the costs thereof through the borrowing of$30,077,004 and issuing the 15 City's revenue bonds therefore. 16 17 2. That,pursuant to the City Charter and the Public Finance Act of 1991,there are hereby authorized to be issued 18 storm water utility system revenue bonds of the City in the maximum amount of$30,077,004 to provide funds,together with other 19 available funds,for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates,mature at such time or times not exceeding 40 years from their 22 dates,bear interest,be in such denominations and form,be executed in such manner and be sold at such time or times and in such 23 manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 26 obligations of the City,payable as to principal, premium,if any,and interest solely from the revenues derived by the City from the 27 System,and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create 28 or constitute an indebtedness of,or a pledge of the faith and credit of,the Commonwealth of Virginia or of any county,city,town,or 29 other political subdivision of the Commonwealth,including the City. The issuance of the bonds and the undertaking of the covenants, 30 conditions,and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, 31 indirectly,or contingently obligate the Commonwealth,the City,or any other political subdivision of the Commonwealth to levy and 32 collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the payment of the principal of 33 and premium,if any,and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix,charge,and collect such rates, 37 fees,and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often 38 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium,if any,and interest on the bonds as the 39 same become due and to provide a margin of safety therefore. Such resolutions and agreements shall also include such additional 40 covenants,agreements,and other terms as are customary for the protection of the holders of storm water revenue obligations. 41 42 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 43 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance 44 of the bonds. 45 46 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 47 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 48 49 8. That this ordinance shall be in full force and effect from its passage. 50 51 Adoption requires the affirmative vote of a majority of all members of the City Council. 52 Adopted by the Council of the City of Virginia Beach,Virginia,on the_day of May,2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / J) `ThO Li1:)-A0J661 , Z David Bradley meyer Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL 2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH 3 HEREIN 4 WHEREAS,the City establishes funding sources for Roadways capital project based on initial estimates of State,Federal 5 and local sources provided by the Virginia Department of Transportation (VDOT); 6 7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for 8 presentation to City Council; 9 10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given 11 project; 12 13 WHEREAS,VDOT also adjusts the funding resources based on changes in scope,bids received,and availability of annual 14 funding;and 15 16 WHEREAS,this ordinance does not increase aggregate appropriations to date;and 17 18 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 19 20 1. That the following project has State funding reduced and Federal funding increased in equal amounts: 21 a. That Project 2-256 - Indian River Road Phase VII-A is hereby decreased by $1,153,973 in State revenue and 22 increased by$1,153,973 in Federal revenue. 23 b. That Project 2-089–Southeastern Parkway is hereby decreased by$378,011 in estimated State revenue and 24 increased by$378,011 in estimated Federal revenue. 25 c. That Project 2-149 –Birdneck Rd- Phase II is hereby reduced by $3,233,820 in estimated State revenue, 26 increased by$3,233,820 in Federal revenue. 27 d. That Project 2-176 –Transportation Network Analysis is hereby reduced by $56,530 in estimated State 28 revenue, increased by$56,530 in Federal revenue. 29 e. That Project 2-409–Centerville Turnpike Phase II is hereby reduced by$1,634,585 in estimated State revenue, 30 increased by$1,634,585 in Federal revenue. 31 32 2. That the following project has Federal funding reduced and State funding increased in equal amounts: 33 a. That Project 2-025–Witchduck Road Phase II is hereby reduced by$281,682 in Federal revenue and increased 34 by$281,682 in State funding. 35 b. That Project 2-168 – Lesner Bridge Replacement is hereby reduced by $496,978 in Federal revenue, and 36 increased by$496,978 in State revenue. 37 38 3. That this ordinance shall be in effect from the date of its adoption. 39 40 Adopted by the City Council of the City of Virginia Beach,Virginia on the—day of May,2018. 41 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley ana Harmeyer Budget and Management Services City Attorney's Office 1 AN ORDINANCE TO AMEND SECTION 107 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEES FOR A REZONING, CONDITIONAL 4 REZONING AND MODIFICATION TO A 5 CONDITIONAL REZONING 6 7 Section Amended: City Zoning Ordinance § 107 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 107 of the City Zoning Ordinance is hereby amended to read as 16 follows: 17 18 Sec. 107. - Amendments. 19 . . . . 20 (g) Fee. A petition to amend, supplement or change the district boundaries or 21 classification of property shall be accompanied by a fee in the amount ofIli-Ile-hundred 22 one thousand ninety dollars ($9001,090.00), provided, that where such a petition is 23 submitted as a conditional zoning, the fee shall be in the amount of one thousand two 24 three hundred sixty dollars ($1,2001,360.00). A petition of any property owner for a 25 reconsideration of proffered conditions shall be accompanied by a fee in the amount 26 of five six hundred sixty dollars ($500660.00). Such fees shall include all costs of 27 notification and advertising. 28 . . . . 29 This Ordinance shall not be effective until July 1, 2018. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 32 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plan ing Department City Atto y's Office CA14294 R-2 February 28, 2018 1 AN ORDINANCE TO AMEND SECTION 106 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEES FOR AN APPEAL TO THE BOARD OF ZONING 4 APPEALS FOR RESIDENTIAL AND COMMERCIAL 5 PROPERTIES 6 7 Section Amended: City Zoning Ordinance § 106 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 106 of the City Zoning Ordinance is hereby amended to read as 16 follows: 17 18 Sec. 106. - Appeals and variances. 19 . . . . 20 21 (c) Every application concerning a single-family residence, semi-detached residence or 22 duplex to the board of zoning appeals shall be accompanied by a fee of two four 23 hundred and fifty dollars ($ 0400.00), and all other applications shall be 24 accompanied by a fee of three five hundred and fifty dollars ($350500.00). Such fee 25 shall include all costs of notification and advertising. Each lot upon which a variance 26 is requested shall be the subject of a separate application and a separate fee; 27 provided, however, that variances from the setback and landscaping provisions of 28 section 201(e)(1), pertaining to fences and walls, may be the subject of a single 29 application and fee where the following conditions are met: 30 (1) The lots upon which the variance is requested are contiguous lots within a single 31 subdivision block, as shown on the recorded plat of the subdivision in which the 32 lots are located; 33 (2) The fence or fences which are the subject of the variance are located wholly upon 34 property owned by a bona fide homeowners' association created by legal 35 instrument recorded in the office of the clerk of the circuit court, or upon which 36 there is a recorded perpetual easement allowing such homeowners' association, 37 or the members thereof, to construct and maintain a fence upon such property; 38 (3) Such fence or fences are owned by the homeowners' association; and 39 (4) The individual signing the application certifies to the zoning administrator, in 40 writing, that he or she is vested with the authority to act on behalf of the 41 homeowners' association in the matter and that such association has authorized, 42 in the manner prescribed by its by-laws or other instrument, the filing of the 43 application. 44 . . . . 45 This Ordinance shall be effective on July 1, 2018. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 48 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14295 R-2 February 28, 2018 1 AN ORDINANCE TO AMEND SECTION 107.1 OF 2 THE CITY ZONING ORDINANCE PERTAINING TO 3 THE FEES FOR ALTERNATIVE COMPLIANCE IN 4 CERTAIN DISTRICTS 5 6 Section Amended: City Zoning Ordinance § 107.1 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 107.1 of the City Zoning Ordinance is hereby amended to read as 16 follows: 17 18 Sec. 107.1. - Alternative compliance in certain districts. 19 To the extent provided by the regulations of any zoning district listed in Section 20 102(a)(13): 21 (a)The city council may grant special exceptions in accordance with the alternative 22 compliance provisions of the district to allow the development of new uses or 23 structures, or additions to or alterations of existing structures, that do not 24 conform to the uses or development standards otherwise permitted or required 25 under the applicable district regulations. 26 (b) The fee for applications for special exceptions pursuant to this section shall be 27 in the amount of four five hundred sixty dollars ($499560.00). Such fee shall 28 include all costs of notifications and advertising. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 31 , 2018. 32 33 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attor s Office CA14293 R-2 March 1, 2018 1 AN ORDINANCE TO AMEND SECTION 221 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEES FOR CONDITIONAL USE PERMITS AND 4 MODIFICATIONS TO CONDITIONAL USE PERMITS 5 6 Section Amended: City Zoning Ordinance § 221 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That Section 221 of the City Zoning Ordinance is hereby amended to read as 15 follows: 16 17 Sec. 221. - Procedural requirements and general standards for conditional uses. 18 . . . . 19 (b) Fees. The application shall be accompanied by the following fees to cover 20 the costs of processing the application. Nine hundred One thousand ninety dollars 21 ($9001 ,090.00) for all applications except applications submitted by a nonprofit 22 organization or for a home occupation under section 234 of this ordinance. The fee for 23 such applications shall be two three hundred sixty dollars ($200360.00). An application 24 to reconsider existing conditions shall be accompanied by a fee of five six hundred sixty 25 dollars ($500660.00), except that applications submitted by a nonprofit organization or for 26 a home occupation under section 234 of this ordinance, which shall be accompanied by 27 a fee of twe three hundred sixty dollars ($200360.00). Such fees shall include all costs 28 of notifications and advertising. 29 . . . . 30 31 This Ordinance shall be effective on July1, 2018. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 34 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: dri etCba-,\. ng Department City Attorne 's O ice CA14296 R-2 February 28, 2018 1 AN ORDINANCE TO AMEND SECTION 105 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEE FOR THE ENLARGEMENT, EXTENSION OR 4 CONVERSION OF A NONCONFORMING USE 5 6 Section Amended: City Zoning Ordinance § 105 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 105 of the City Zoning Ordinance is hereby amended to read as 16 follows: 17 18 Sec. 105. - Nonconformity. 19 . . . . 20 (d) (1) Enlargement or extension of nonconformity. No nonconforming use shall 21 be increased in magnitude. No nonconforming use shall be enlarged or 22 extended to cover a greater land area than was occupied by the 23 nonconformity on the effective date of this ordinance or amendment thereto. 24 No nonconforming use shall be moved in whole or in part to any other portion 25 of the lot, parcel, or structure not occupied by the nonconformity on the 26 effective date of this ordinance or amendment thereto, and no nonconforming 27 structure shall be moved at all except to come into compliance with the terms 28 of this ordinance. No nonconforming structure shall be enlarged, extended, 29 reconstructed, or structurally altered, if the effect is to increase the 30 nonconformity. As an exception to the above, any condition of development 31 prohibited by this section may be permitted by resolution of the city council 32 based upon its finding that the proposed condition is equally appropriate or 33 more appropriate to the district than is the existing nonconformity. City council 34 may attach such conditions and safeguards to its approval as it deems 35 necessary to fulfill the purposes of this ordinance. Applications for the 36 enlargement, extension or relocation of a nonconforming use or structure 37 shall be filed with the planning director. The application shall be accompanied 38 by a fee of fivesix hundred sixty dollars ($500660.00) to cover the cost of 39 processing the application. Such fee shall include all costs of notifications 40 and advertisings. The planning director shall cause the application to be 41 advertised for public hearing before the planning commission. Notice shall be 42 given as provided by Section 15.2-2204 of the Code of Virginia; provided, 43 however, that written notice as prescribed therein shall be given at least 44 fifteen (15) days prior to the hearing. The cost of the public notices required 45 by Section 15.2 2201 of the Code of Virginia shall be charged to the 46 applicant. 47 . . . . 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 50 , 2018. 51 52 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / Planning Department City Attorney's Office CA14292 R-2 Marchi, 2018 2 1 AN ORDINANCE TO AMEND SECTION 8.3 OF APPENDIX 2 B, SUBDIVISION REGULATIONS PERTAINING TO THE 3 FEE FOR SUBDIVISION VARIANCES 4 5 Section Amended: § 8.3, Appendix B, Subdivision 6 Regulations 7 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Section 8.3 of Appendix B, Subdivision Regulations is hereby amended to 16 read as follows: 17 18 Sec. 8.3. - Subdivision variance fees. 19 Any appeal for a variance shall be accompanied by the following fees to cover the 20 costs of processing the appeal: s+x eight hundred fifty ten dollars ($650 810.00). The cost 21 of public notices required by Section 15.2 2204 of the Code of Virginia shall be charged 22 to the applicant Such fee shall include all costs of notifications and advertising. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 25 , 2018. 26 27 This Ordinance shall be effective on July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA14291 R-3 March 14, 2018 1 AN ORDINANCE TO AMEND SECTION 33-111 OF 2 THE CITY CODE PERTAINING TO THE FEE FOR 3 THE VACATION OF A STREET OR ALLEY 4 5 Section Amended: City Code § 33-111 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 33-111 of the City Code is hereby amended to read as follows: 12 13 Sec. 33-111. - Fee for processing application and viewers' services. 14 A fee of two four hundred fifty ten dollars ($259410.00) shall be paid to the city for 15 the processing of an application and for the viewers' services regarding said application 16 for the vacation of any street or alley. Such fee shall include all costs of notifications and 17 advertising. The planning director or his authorized representative shall not accept any 18 application unless such fee be paid at the time the application is filed. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 21 , 2018. 22 23 This Ordinance shall be effective July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,ice _ i Planning Department City Attorney's Office CA14288 R-2 March 1, 2018 1 AN ORDINANCE TO AMEND SECTION 1403 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO THE 3 FEES FOR WETLAND PERMITS AND DEFERRALS 4 5 Section Amended: City Zoning Ordinance § 1403 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That Section 1403 of the City Zoning Ordinance is hereby amended to read as 15 follows: 16 17 Sec. 1403. - Applications for permits. 18 . . . . 19 20 (c) A nonrefundable processing fee to cover the cost of processing the application 21 shall accompany each permit application. Such fee shall be in an amount of thrcc 22 four hundred fifty dollars ($300450.00) e _ -- -e e -e . - •--- _ _ 23 required Such fees shall include the costs of notifications and advertising. Such 24 fees shall apply to original applications, including after-the-fact applications, and 25 to reapplications. A fee in an amount of one two hundred thirty dollars 26 ($ 90230.00) shall be required for deferral of an application unless waived by the 27 Board for good cause shown. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 30 , 2018. 31 32 This Ordinance shall be effective July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �� � tom+► !4b 'an ' g Department City Attorney's Office CA14286 R-2 Marchi, 2018 1 AN ORDINANCE TO AMEND SECTION 1603 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE FEES FOR COASTAL 4 PRIMARY SAND DUNE PERMITS, SAND 5 MANAGEMENT PERMITS AND DEFERRALS 6 7 Section Amended: § 1603 of the City Zoning 8 Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 1603 of the City Zoning Ordinance is hereby amended and 17 reordained to read as follows: 18 19 Sec. 1603. - Applications for permits. 20 21 22 23 (c) A nonrefundable processing fee to cover the cost of processing the application 24 shall accompany each permit application. Such fee shall be in an amount of thrcc 25 four hundred fifty dollars ($300.00 450.00), e _ -- _ _ _ _ . - - ---- 26 be required. Such fees shall include all costs of notifications and advertising. 27 Such fees shall apply to original applications, including after-the-fact-applications, 28 and to re-applications. The application and re-application fee for sand 29 management permits shall be one two hundred thirty dollars ($100.00 230.00). 30 Such fee shall include all costs of notifications and advertising. No person shall 31 be required to file two (2) separate applications for permits if the project to be 32 undertaken will require permits under Section 28.2-1302 of the Code of Virginia 33 and this article. Under those circumstances, the fee shall be established pursuant 34 to this article. A fee in an amount of one two hundred thirty dollars ($4-00. 230.00) 35 shall be required for deferral of an application unless waived by the Board for 36 good cause shown. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. This Ordinance shall be effective July 1, 2018. APPRO ED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Pla ing Department City Attorney's Office CA14285 R-12 Marchi, 2018 2 M. PLANNING 1. ZALDY VIAR& JAMES PAUL VIAR for Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1225 General Street DISTRICT 2 —KEMPSVILLE RECOMMENDATIONS: APPROVAL 2. TWENTY-THIRD FUN PARKING, LLC for Special Exception for Alternative Compliance to the Ocean Front Resort District Form-Based Code re commercial parking lot at the Northwest Corner of 23rd Street and Pacific Avenue DISTRICT 6—BEACH RECOMMENDATIONS: APPROVAL 3. WILLIS FAMILY PARTNERSHIP for a Change of Nonconformity re reduction of ten (10) legally nonconforming units at 318 & 320 34th Street DISTRICT 6—BEACH RECOMMENDATIONS: APPROVAL 4. WAVES MOTEL, INC. for a Conditional Use Permit re commercial parking lot at 1312 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATIONS: APPROVAL 5. JONES AT 1888, LLC & CITY OF VIRGINIA BEACH for a Conditional Use Permit re bulk storage yard at 1888 Virginia Beach Blvd and adjacent parcel DISTRICT 6—BEACH RECOMMENDATIONS: APPROVAL •et At ..,,,,,,,t„.,.., NOTICE OF PUBUC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach,Virginia,on Tuesday,May 15,201.8 at 6:00 p.m.,at which time the following applications will be heard: CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 107 of the City Zoning Ordinance pertaining to the fees for a rezoning, conditional rezoning and modifications to a conditional rezoning. CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 106 of the City Zoning Ordinance pertaining to the fees for an appeal to the Board of Zoning Appeals for residential and commercial properties. CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 107.1 of the City Zoning Ordinance pertaining to the fees for alternative compliance in certain districts. CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 221 of the City Zoning Ordinance pertaining to the fees for conditional use permits and modifications to conditional use permits. CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 105 of the City Zoning Ordinance pertaining to the fee for the enlargement,extension or conversion of a nonconforming use or structure. CITY OF VIRGINIA BEACH-An Ordinance to amend Section 8.3 of Appendix B,Subdivision Regulations,pertaining to the fee for subdivision variances. CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 33- 111 of the City Code pertaining to the fee for the vacation of a street or alley. r\ Jn n CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 1403 � of the City Zoning Ordinance pertaining to the fees for Wetland J permits and deferrals. CITY OF VIRGINIA BEACH-An Ordinance to Amend Section 1603 of the City Zoning Ordinance pertaining to the fees for coastal primary sand dune permits,sand management permits and deferrals. DISTRICT 6-BEACH Twenty-Third Fun Parking,LLC/Pacific Avenue West,LLC Alternative Compliance Northwest Corner of Pacific and 23r° Street(GPINs 2427099271,2427099276,2427099209, 2427099220) DISTRICT 6-BEACH Willis Family Partnership Change of Nonconformity 318&320 34Th Street(GPINs 2418926937,2418925993) DISTRICT 6-BEACH Waves Motel,Inc.Conditional Use Permit(Commercial Parking Lot)1312 Atlantic Avenue(GPIN 2427251933) DISTRICT 6-BEACH Jones at 1888,LLC/City of Virginia Beach Conditional Use Permit (Bulk Storage Yard)1888 Virginia Beach Blvd&adjacent parcel to the north(GPINs 2407468483,2407469603) DISTRICT 2-KEMPSVILLE Zaldy Viar/James Paul Viar Subdivision Variance(Section 4.4(b) of the Subdivision Regulations)1225 General Street(GPIN 1466007432) All interested parties are invited to attend. Amanda Barnes,MMC • City Clerk Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at:hlmi-/wwv, tom,,._X 4'1_ • For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303; Hearing impaired call 711(Virginia Relay-Telephone Device for the Deaf). BEACON:APRIL 29,2018&MAY 6,2018-1 TIME EACH. it \ - L11 r1j i Lalifir.cictj 1 11111 \ .- --- -� — -Iti- oN-------,eIIIA lin 1 1 11 --, Lii _-J I L___ ________ i .1 j iv j f-------1 .1 / ICII - 1 1 I -, IUj I 1 41 N N7 -1%. \ e 11"• 1 --7 03 iummimmaimmetioniumumi 11144424—j fa' s i F 11 r r , ,, , II . 1 1 I I I I _ i: _ L_________ _______________i i ( c-i' lit I[LO: ---1 .11., SNLCO LI Ir r ci J L L , LI---- I t 1' i I r L____I-- -----I C -1' \,. �� I r_______________ 1 7 P -7 Qrilc A r~7 r�'r titi'y7 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: ZALDY VIAR [Applicant] JAMES PAUL VIAR [Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 1225 General Street (GPIN 1466007432), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: May 15, 2018 • Background: The subject site is a residual parcel that was left over as a result of multiple subdivisions. In 1970, a duplex dwelling was developed on the site. Upon offering the property for sale, it was discovered that the property was never properly put to record. As the property is zoned R-5D Residential District, a minimum lot width of 75 feet is required for duplex dwellings. The site has a lot width of 53 feet, and therefore requires a Subdivision Variance to lot width before a plat can be recorded. • Considerations: No further subdivision of the property is proposed with this request. The granting of this Subdivision Variance will allow this property to be properly recorded. A condition has been recommended that states that if the existing duplex is ever removed, that only a single-family dwelling may be constructed in its place. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Opposition was present at the public hearing. The speakers voiced concern that the existing duplex is out of character with the predominately single-family neighborhood. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1 . When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "RESUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON THE PLAT "DIVISION MAP OF PROPERTY OWNED BY JUDGE J. M. KEELING" (M.B. 4 P. 21,)" dated January 22, 2018 and prepared by DKT Associates. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. Zaldy Viar Page 2 of 2 2. If the existing duplex is ever removed, it shall be replaced only with a single- family dwelling. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep• - 4 - - Agency: Planning Department J • IllCity Manager: ,, 1 C Applicant Zaldy Viarvz Agenda Item Property Owner James Paul Viar Public Hearing April 11, 2018 City Council Election District Kernpsville 8 Virginia Beach Request Subdivision Variance (Section 4.4(b) of the f Subdivision Regulations) ,�-"; 1 Staff Recommendation 4 Approval /4, /;:f.\) /IF Staff Planner f Jimmy McNamara Location 1225 General Street GPIN 1466007432 r----*'---- Atik, el Site Size 10,550 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District _ , Single-family dwelling /R-5D Residential - ' r„v #J Surrounding Land Uses and Zoning Districts iv*,. �_ �` ' + �t _",. . Y North , `' •, , ,'�.. �,. . • `A,r Single-family dwelling /R-5D Residential - . "'., " '. 'r • . . - e: J South d'` ---44../(414� �. „airrye. .�-r 44-.� Single-family dwelling /R-5D Residential - �" dam. *... � `' East General Street _'• - Single-family dwelling / R-5D Residential . s West .., ,/ Vacant, Single-family dwelling / R-5D ;" ,'. ` ��' �f Residential r Zaldy Viar Agenda Item 8 Page 1 Background and Summary of Proposal • The subject site is a residual parcel that was left over as a result of multiple subdivisions. In 1910, a 2.02-acre parcel was created by deed (Deed Book 84, Page 42). yR 1910 (DB j` 84, P 42) • ,N4410• Subsequently, several re-subdivisions of the two-acre site occurred: by deed in 1957 (Deed Book 504, Page 165), by deed in 1961 (Deed Book 789, Page 644), and by plat in 1963 (Map Book 59, Page 36). A 0.24-acre portion of original two acre site (shown in blue below) was never addressed and existed as a residual piece left over after the three subdivisions. 1957.. (DB 504, P165) 1961 (DB 789, P • L2 1963 (MB / 59, P 36) / Residual Zaldy Viar Agenda Item 8 Page 2 • Then in 1969, the property was again subdivided (Map Book 108, Page 51) into two additional lots,where once more the residual piece (shown in blue below) remained. 19 7 (DB 504, • 165) 1961 (DB 789,P 644) 1969(MB i 108, P51) / 1969(MB 108, P 51) Residual I • In 1970, the owners of the residual parcel, who were also the owners of the original 2.02 acres, developed the site with a duplex dwelling, even though it was not a legally recorded parcel. In 1988, the duplex was sold and a deed was recorded (Deed Book 2732, Page 20), which for the first time specified the actual boundaries of this parcel. However, no plat was recorded, as was the requirement of the Subdivision Regulations. 1988(DB of 2732, P 20) • The current property owner purchased the duplex dwelling in 2010. Recently,the property was offered for sale, and it came to the owner's attention that the site was never properly recorded, and that to do so would require a Subdivision Variance to lot width in order to clear the title. • The property is zoned R-5D Residential Duplex District, and as such requires 10,000 square feet of lot area and a minimum lot width of 75 feet for duplex dwellings. While the lot area requirement can be met, the proposed lot width is deficient by 22 feet(53 feet proposed). As such, a Subdivision Variance to lot width is requested. Zaldy Viar Agenda Item 8 Page 3 Required(Duplex Dwellings) Proposed Lot 2-A Lot Width feet 75 53* Lot Area(square feet 10,000 10,550 *Subdivision Variance to lot width required f ,-*. — . .rt,4d-p ii- illy* R I . �f 7 ;��y';, �► �U - Zoning History r jhb # Request 47 , 1 SVR Approved 02/11/2003 J Hi i° -el*,-''.', - .4. *1 /42/ ' A.z.• I/4 'l' Ft-5D '� R .. Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the zoning ordinance incorporated by reference in this ordinance. This is a request to properly record a lot that has existed as a residual area since at least 1963, and has been developed with a duplex dwelling since 1970. No further subdivision of land is proposed, and no changes are proposed to the existing structure. Due to the specific circumstances of the request, and the fact that the adjacent properties are under Zaldy Viar Agenda Item 8 Page 4 different ownership, Staff finds the applicant's claim of hardship compelling and recommends approval of this request as conditioned below. Zaldy Viar Agenda Item 8 Page 5 Recommended Conditions 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "RESUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON THE PLAT "DIVISION MAP OF PROPERTY OWNED BY JUDGE J. M. KEELING" (M.B. 4 P. 21,)" dated January 22, 2018 and prepared by DKT Associates. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. If the existing duplex is ever removed, it shall be replaced only with a single-family dwelling. 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/DevelopmentServices 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. Zaldy Viar Agenda Item 8 Page 6 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 Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Street No Data Available 6,200 ADT (LOS°"C") Existing Land Use 2—20 ADT 9,900 ADT'(LOS 4"D") Proposed Land Use 3-20 ADT 'Average DailyTrips 2as defined by a duplex 3 as defined by a duplex dwelling 4 LOS=Level of Service dwelling Public Utility Impacts Water&Sewer The site currently connects to both City water and sewer. Zaldy Viar Agenda Item 8 Page 7 Proposed Site Layout �� Ar--- NSM .00000.----. ' 000 $1414C 931 SI .+f'-G)" "2. 12'LANE(M.B.8, PG 86) GPIN: 1466-00-5462-0000 PIN(F) . N 109733-E 53.88' , PIPE(F) •42 5.5'0.1' /3480510..7386 * 8'woodc-;40-;-o. cos " S Z t%.5 195 6093 • 1.0' I LOT 2A ! 47 wire r GPIN:1488.00.7432-0000. fence I M 15.3' r� 1 f r a 1 5&twos I ! , 4.5' • �/ --i_. 0.9' x ' 7•- 8.5' / N!F i ( LOT A(M.B.108,PG 51) -b 5,3' f • . NIFJJ 'r --- g ANDREW T.GRETHEN& � REMAINDER OF PARCEL 2 I 1 TAMMY L.GRETHEN (M.B.4 PG.21)(M.B.32 PG.84) 1f 1 4.a NSW 20150527000479200 AUSTIN J.ADAMSON w 1' INST#20150614000503280 x f p F GPIN:1466-047510-0000 0000 i . j' 1 STORY al GPIN:1458-00-8444000C I DUPLEX 01225 k 1 FRAME 35. e 1t 4.d i - r;' N r tq . 9.S 0.1• 1rO: 0.7' yl 'O.T 12 r - 3'wood : b fano. i 282 0.5' ovule.•. 377.17 TO 21.T IN101AN RIVER RO 6 47 ` ', E%Z 15819 E ixTQ0.756.5.B0'S8 9'57"W 1.50'' {F1 818 GENERAL STREET(40') (M.S.7,P.100) LIsILOT q.FT. ACES 10,550 , 0.2422 r Zaldy Viar Agenda Item 8 Page 8 Site Photos 1.4. . . , . --, . •• / „.. . - . . , '• '';'• - — , .. . • . -. ... .f 1 Ilk#11.4k. • • • -- ,,..,'-•, ,...../ • - vi- - . .4.....•r• - -**- ''' I'it':a 11 . -7- •, lit .. ,04:J ,-- - - -- 4- - • • ' -- --- ---- .. , _._ . , , .... ,._ ., ,,..„.. - •' ?..- - -..,, . __ c!-. , ______ _ , .•...,.„... b. . • . ...-_.ei,... 4. -" , __, -.- . ' Tilf.4.f+•,,, . .'s-,•;••... OIL •.....ir , .• , ..ii..., , . . . , . - .. - .• . .1" _ I . •,... - :` itr .• - i.,-1 •:, . 1 ..,. .,. •-.., .._— A\ \ : V" r=1 It 11 1 _ I . f 4 - --- I , ,,Ai, 1.11 =1111: .,1 ,.., I "mei 1 ' -- 11 ..,. ..._....,--. .-- - 4 aft '-.- - --. ,.. ..,,,._ , .II ',s• ,'. _ -r- 'L. "; :. MKT- , — ... _ , , .....- - I I,.• - -,_ ---.- - . , t 1 i -- '''''• -''' ' -• 7.t,--...t,...-4.« , i:.'' ' 1 1 -r, .f.. . _ V. ' ''''''''''` •.,-'''' ., -..,6.1..q.,."-.:' •..- .-'!'t*--t-fe„,°-'7, - " - '' -- .::t-- ' - .. 41, ......, . ...:_ . -., '- Zaldy Viar Agenda Item 8 Page 9 Disclosure Statement Nfi3 Virginia Beach APPLICANT'S NAME ZaIdyViar DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) - Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. �.� • SECTION 1 / APPLICANT DISCLOSURE "NI v -.t: ,::dated two(2)vs.,,.t,, Page t of 7 t pertains to the application,: ❑ APPLICANT r: DATC NO CHANCES A\ DATE 51 / I( %j Jimmy McNamara 0 REVISIONSSUBM.- DATE - Zaldy Viar Agenda Item 8 Page 10 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:zaldx Viar If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 2 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. EiCheck 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:James Paul Viar If an LLC, list the member's names: Page 2 of 7 Zaldy Viar Agenda Item 8 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 -Parent-subsidiary relationship means "a 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 Zaldy Viar Agenda Item 8 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) E z Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner ® Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 1111 ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents DKT Associates Financing (include current (pl mortgage holders and lenders V\I selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / n r, Agents/Realtors for current and I J anticipated future sales of the subject property a y� 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 Zaldy Viar Agenda Item 8 Page 13 Disclosure Statement :,NIB Virginia Beach ICERTIFICATION: 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. _ 4 111 I�� i44L.t' V/4/zOf1.9'V .3 APPUCANT' NATO;1 PRINT NAME DA z Page 5 of 7 Zaldy Viar Agenda Item 8 Page 14 Disclosure Statement OWNER Virginia Beach YES NO I SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or pre parer of your tax return riIXI Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Brooks Klein(See attached) the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed El ' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) n1X1Construction Contractors EEngineers/Surveyors/Agents DKT Associates Financing (include current PNC Mortgage ❑^ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Beach South Realty Agents/Realtors for current arid anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Zaldy Viar Agenda Item 8 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. _ 4 /e 09/f PRO• 0 1 R'S SIGNATURE PRINT NAME DA *Granted Special Power of Attorney for James Paul Reyes Viar. See attached document Zaldy Viar Agenda Item 8 Page 16 Disclosure Statement SPECIAL POWER OF ATTORNEY PREAMBLE: This is a MILITARY POWER OF ATTORNEY prepared pursuant to Title 10, United States Code, §1044b, and executed by a person authorized to receive legal assistance from the military services. Federal law exempts this power of attorney from any requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of a state, the District of Columbia, or a territory, commonwealth, or possession of the United States. Federal law specifies that this power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the jurisdiction where it is presented. KNOW ALL PERSONS BY THESE PRESENTS: That I, JAMES PAUL REYES VIAR currently residing in the State of HAWAII, by this document do make and appoint ZALDY MARIANO VIAR, whose present address is 7008 GAIL DRIVE, NORFOLK, VA 23518, as my true and lawful attorney-in-fact to do and execute(or to act with persons jointly interested with myself therein in the doing or execution of) any or all of the following acts or things: To bargain, seal, set over, assign and convey, using the standard of a reasonable seller under no compulsion to sell and engaging in an arm's length bargaining transaction, unto any person of my attorney-in-fact's choice,all my right,title and interest in any or all of that house and tract or parcel of land located at 1225 General Street,Unit A&B,Virginia Beach,VA 23464,for a price not less than S225,000,and to convey by deed;to receive payment of the purchase money on my behalf for the property in any manner in which my said attorney-in-fact in fact shall deem wise, to transmit said monies to me at 2012 Lawrence Road,Kailua, HI 96734 and to sign,seal,execute and deliver any and all deeds,contracts,or other documents necessary to carry out the foregoing. For the purpose of dealing with PNC Mortgage,the loan number for the property located at 1225 General Street, Unit A & B, Virginia Beach, VA 23464 is 8000040785. This power of attorney will remain in effect despite my loan on the property located at 1225 General Street,Unit A&B,Virginia Beach,VA 23464 being transferred in any way to another mortgage servicer. I HEREBY GIVE AND GRANT TO my said attorney-in-fact full power and authority to perform every act and thing whatsoever that is necessary or appropriate to accomplish the purposes for which this Power of Attorney is granted, as fully and effectually as I could do if I were present;and I hereby ratify all that my said attorney-in-fact shall lawfully do or cause to be done by virtue of this document. PROVIDED, however,that all business transacted hereunder for me or for my account shall be transacted in my name,and that all endorsements and instruments executed by my said attorney- in-fact for the purpose of carrying out the foregoing powers shall contain my name,followed by that of my said attorney-in-fact and the designation"attorney-in-fact." I FURTHER DECLARE that any act or thing lawfully done hereunder by my said attorney-in- fect shall be binding on myself and my heirs, legal and personal representatives and assigns, Zaldy Viar Agenda Item 8 Page 17 Disclosure Statement whether the same shall have been done either before or after my death,or other revocation of this instrument,unless and until reliable intelligence or notice thereof shall have been received by my said attorney-in-fact. FURTHER, this power of attorney shall remain in full force and effect until 12 November 2018,unless sooner revoked by me,provided, however,that such prior revocation shall be of no effect in respect to parties acting or things done in reliance hereon prior to receipt by them of such notice of revocation as may be prescribed by law. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day, November 13, 2017. rckat /A/` JAMES PAUL REYES VIAR ACKNOWLEDGEMENT ACKNOWLEDGEMENT BY A PERSON AUTHORIZED TO ACT AS A NOTARY PURSUANT TO TITLE 10 U.S.C. 1044a SERVING WITH THE ARMED FORCES OF THE UNITED STATES AT:REGION LEGAL SERVICE OFFICE HAWAII Before me personally appeared JAMES PAUL REYES VIAR,who, having produced an Armed Forces Identification Card and/or valid State/Federal Government issued identification,is proven to me to be the identical person who is described herein, and who signed and executed the foregoing instrument on this the 13th day of November, 2017 as a true, free, and voluntary act and deed, for uses,purposes, and considerations therein set forth. And I do further certify that I am a person authorized under 10 U.S.C. § 1044a to exercise the powers of a notary without requirement of a seal,and that this document is executed by me in accordance with those powers and in that pacity. Kristi Bao,LCDR,JAGC,USN Region Legal Service of Hawaii �� i Notary and Counsel of the United States Name ofNotary 'LtISTI BAO Authority: 10 U.S.C.§1044$ Military Rank:LCDR Commission expires: tire. Authority 10 U.S.C.§ 1044a. NO SEAL REQUIRED NO SEAL REQUIRED Zaldy Viar Agenda Item 8 Page 18 Disclosure Statement Contract Purchaser Virginia Beach YES J NO] SERVICE PROVIDER(use additional sheets if needed)_._._.._. ❑ `� Accounting and/or preparer of your tax return r l XI Architect/Landscape Architect/ 1 Land Planner Contract Purchaser(if other than Brooks Klein 111 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed C 1/ purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) n C Construction Contractors I I Z Engineers/Surveyors/Agents ' 1 Financing (include current Eddie Hunt,Tidewater Mortgage mortgage holders and lenders Services,Inc. t�t selected or being considered to provide financing for acquisition or construction of the property) 1:1Legal Services Hunter Hanger Real Estate Brokers / Kristie Weaver,The Real Estate �( n Agents/Realtors for current and Group V� I I anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • ❑ 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 Zaldy Viar Agenda Item 8 Page 19 Disclosure Statement e\i/B Virginia Rea(h 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. � 2cvKS KCe.:/A) �� ,r PRINT NAME DATE _ I Contract Purchaser .:. *;kms. Zaldy Viar Agenda Item 8 Page 20 it Item#8 Zaldy Viar [Applicant] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 1225 General Street District—Kempsville April 11, 2018 APPROVED Mr. Fisher: The last item is item number 8, this is Zaldy Viar, an application for Subdivision Variance Section 4.4(b) of the Subdivision Regulations on property located at 1225 General Street in the Kempsville District. Is there a representative here for this application? You can state your name on the microphone for the record sir. Mr. Viar: Good afternoon to everybody. I am Zaldy Viar and the father of the owner, said by the property by the power of attorney given by my son because he is right now at Hawaii on duty in the military and this is my realtor to present us also. Ms. Olson: Good afternoon council members, thank you for seeing us today. I am Leela Olson with Beach South Realty and I represent my client who like he said, he is in the military in Hawaii. Well, he is requesting a variance permit for this property for, first of all my client didn't even know we had an issue with plat and then variance. We put the property for sale last year in August, actually September and by December we got a buyer only to find out that we had this issue and lost the buyer. My client has put over $20,000 in repairs and improvements on the property because it was poorly managed while he was gone and he has pulled loans to his father and himself and he is losing money as a result of it and we have tried to do as much as we could to improve the property and the neighborhood because it was affecting the appearance. So in that note once we find out that we applied for plat and we hired an engineer and we got the plat approved but now that we need variance, we need your help to move forward. We understand that the property land is smaller than the rest of it, but that's how it's been since the 1950s and when this property was deeded to my client, well not to my client, like 3-4 clients ago or buyers was 1988 and it has never been an issue until now. So we are trying to understand how can you know why we are in block right now when this has been like the since 1950s and to our luck the new buyers that right now we have under contract, after the one that we lost, it's actually a family, they have the mother renting the front unit and the father with kids on the back unit which will not affect like before only having different people renting where it would affect any people who live there or if there is any opposing people saying like rentals coming and going. So with that being said, we are hoping that we can get this passed and my client can move on and with him being deployed and having some other family issues and financial distress, now the father and mother involved on that distress too, we are hoping everybody can move on and the new buyer has been sticking with us as Jimmy knows. They have been very good compliant and everything. They have been with us for four months now waiting for this to move forward. That's all I have to say, any questions? Ms. Oliver: Any questions, no, okay. Thank you, will get back to you. 1 Mr. Fisher: We do also have three speakers in opposition; the first would be Yvonne Mills. Would you please come to the podium? You can state your name for the record too. Ms. Mills: Yvonne Mills. Hello everybody. I actually reside on General Street and the property in question is actually two doors down from where I stay. I have always had a problem with that house, and what I want you to understand is the home that I am in now is a family home, it's a home that my father had built at one time that was all single family homes and my grandfather actually was the owner of General Street. He sold pieces to it and like I said growing up, it was all single family homes, I married and moved away and one day I came home and I am like, what is this, why did this house come into this nice neighborhood sideways? So, I have always had a problem with it and like I said, it's an eyesore. I don't know why the city even allowed this house to be built sideways. It's the first thing that I noticed when I came home. So, I have always had a problem with it. My father has had a problem with it, I actually have six houses, and there are about 18 houses on that street I believe, maybe 15. Six of those home owners are my family, they also oppose this as well, so like I said being a fact that it's not, it hasn't been properly recorded, it's not up to city code, I am opposing it, I have always opposed it. Ms. Oliver: Okay. We have any questions for Mrs. Mills? Mr. Weiner: Yeah I have a question. When were your houses built on General Street? Ms. Mills: In 1968. Mr. Weiner: 1968, okay. Mr. Ripley: Exactly what are you opposed to? I mean you opposed this person getting the variance,but what would be this be? Where do we go from there? I mean, do they tear the house down? I mean I'm trying to understand what you are opposing. Ms. Mills: What I am opposing is, I don't like the fact that it was even approved in the first place. It's an eyesore, so I don't know what they would have to do because they just stated they put money into it. Yes, they did before that period of time though the roof was coming down. We have had people in and out, I mean it was looking really, really bad. It still looks bad now like I said nice homes, you got a house sideways. I don't know whether they will have to reduce the size of the garage or whatever, but like I said I have always had a problem with this and I just wanted the City Council to know that we [Crosstalk] and I don't know what the solution would be, but I think if that's the code, they should hear to whatever the city code is. Mr. Ripley: I can certainly understand that it was put in there and it has been put in legally subdivided lot and all those things and it doesn't fit in with your neighborhood, but it's there and so it will be helpful if we had a solution that you saw, if we understood, I understand you oppose to it,but I did that. Ms. Mills: Just bring to the city code, we do set the size of garage or whatever they need to make it, but the code is the code. Mr. Weiner: Thank you. Ms. Oliver: I do think there is a condition in it that should they ever decide to whoever ends up owning this piece of property decides to redevelop or tear it down, it's their right, that it can 2 only be a single family put back there, so somewhere along the line in 1970, this went up and it just nobody know it, so I think that,but knowing that going in the future, should the new owners decide that they don't want the duplex anymore then they will have to put in a single family home to match with on the street, am I correct,yeah. Ms. Mills: That's really all I had to say. Ms. Oliver: Thank you. Mr. Fisher: Mr. Robert D. Wilson Senior, please come to the podium. You could state your name for the record as well. Mr. Wilson: I am Robert Wilson and I have been there for years and I live across the street from the 1225 address and at the time that they moved that building, we had all the homes were single family homes. They put one adjacent to that which was a two-family home and the setback was supposed to be set to 5 feet, that home that two-story home was already, it was built there. The one that's 1225; there was no garage on that building at the time that they moved that building. They put the garage on afterwards after they moved there. Now, it was R5 it was single family, we didn't know that they had changed the zoning at that time when they did it and when we look, when I look at what they have done, well there were no permits, look at if you check, they checked the records, there were no permits on adding the garage to the building. There were no commits when they turn around and residing on the building and when they renovated the whole building and at this time, at the present time, it's like a two apartment building. Ms. Oliver: Right, it's a duplex. Mr. Wilson: It's a duplex, entrance from the back and entrance from the side; this is why we oppose it. Ms. Oliver: Understood. Anybody have any questions? Any questions, no, thank you very much. Mr. Fisher: And we also have Yvonne Wilson, representing New Light Civic League, please come forward. Ms. Wilson: Let me correct something, I am not a representative of Civic League, I thought that was just for matter of information. I am here on my own and I am a member of the New Light Civic League, not representing them. What I wanted to talk to you guys about is that Robert and I build our home in 1963, we moved into New Light when it was a blighted area. We have seen you guys along with City Council bring us from shell streets to two lane streets with water and we have a pride in what we build there and when it comes down to I think it's R-5 that look in the whole areas in zone R-5. When we first moved in there, it was single family homes. There was a couple who tried to do a duplex in the area and the planning commission wouldn't let them and of course when the two homes that are on General Street that are not single family, we tried to oppose that but we couldn't because the zoning was already there and I am here to let you know that I don't know what the situation is with the houses across the street this particular one, why it was allowed to be put in there, we couldn't stop it in other words, this is what I am trying to say and if there is any way we can work with them or with the planning commission to get something done a little bit different that would make us look different on 3 General Street. The only two houses on that street that are not single family are 1229 I think it is and 1225 and if I know Bob was talking about the when I called, they said the garage was put there and it was because of a setback, if there is some way we can correct this that's what I would like to see the planning commission do, we don't want people to think that they can come in, put a house, and put anything in that area and not follow the rules and regulations of what the planning commission of Virginia Beach says, that's what I wanted to speak out about this. Mr. Hodgson: How long ago was that garage addition put on to that? Ms. Wilson: I don't know but we do remember being put on, I cant give you exact date. Mr. Hodgson: I am just wondering was it prior to the existing owner. Ms. Wilson: I know there are about three people that own that thing. When it was, I cannot say. Ms. Oliver: Because this owner purchased it in 2010, correct. Yes, so prior to that it's kind of whatever happened really doesn't, you know, it's just, he brought the property in 2010 and it was the way it was, so you cannot hold him responsible for something that occurred prior to all those years, I mean, I understand, you know so, he is kind of in a hard place with that, you know, he bought it and now he is trying to deed the property legally so that it's in the deed book correctly because somewhere along the line that didn't happen. Ms. Wilson: But if it's in deed book correctly, I have heard someone said that there was a stipulation that it was to be single family? Ms. Oliver: If they tear down, he will have to, that house what goes back to it will have to be a single family home, somewhere along the line this took place and it is just now getting recognized. Yes, so that, it's just one of those things that just sort of happened, he bought the piece of property in good standing and now he is trying to not own the property anymore and under those circumstances he just have a variance because nobody ever legally plated that piece of property. So we are all in agreement with you that in fact that duplex probably should have never actually happened but now it's here and there's not a lot that we can do with it and they are trying to improve it and so sort of trying to move forward with that. Mr. Kemp: Just for the record, the garage does meet all applicable setbacks so it would have come through whenever it was built, it would have just been reviewed over-the-counter and issued a permit and there are two permits that have been issued in the past year for renovations to this property for siding and roofing. The garage meets all applicable zoning dimensional requirements so it could have been built as a matter of right whenever it was built and there are two permits that have been pulled in the past year for renovations to the structure, thank you. Ms. Rucinski: So if the garage is not what's causing the need for the variance, is it the width of the property [Crosstalk]. Ms. Oliver: We will close the hearing and open it for discussion. Yes. Mr. Weiner: One of the things that we think about here and I know we are talking about house but we are talking about a variance, the request of variance to the lot with not the structure, the lot with and staff is pretty good here on the evaluations. Ms. Oliver: Hold on, one second, we need to let the applicant speak, sorry. 4 Ms. Olson: This is not an excuse or anything but when my applicant bought the property like you stated it was like this, it was in 1988 that it was Harris Freeman and Helen Freeman that deeded the property instead of recording the plat, therefore, it has been like that passed through three buyers like my client was the fourth one and he was never told that there is something wrong with it and when he bought it, he was in his mid-20s, had just started his family and I do believe somewhere along when he closed the property, somebody didn't explain to him he is buying deeded property not recorded, therefore, to his defense, he did everything you know to comply with a law, secondly Mr. Wilson mentioned that the lot was not large enough again like they stated it is something that it was built and permitted like that, therefore, we cannot do nothing about it and we understand there is a condition moving forward that if something is happened to this property, it can only build as a residential property not the duplex and then for the garage and permits that has been permits for everything and there has been licensing and all of that stuff and all the work that we have done in the house. I understand your concern saying the house was not maintained properly couple of years ago, it's because my client was in Hawaii and the property management like I said before didn't notify my client for everything that was going on, therefore, they had to put to be exact 27,000 dollars to date since last August, so we have done everything that we can according to the law and the city to make sure that this does not affect the neighborhood nor the property,thank you and I appreciate your listening. Ms. Oliver: Thank you. We will close the hearing now and will open up for discussion. Commissioner Weiner. Mr. Weiner: Okay, we could think about here, I understand not the structure but what this is a variance to the lot with like I said I was going to say that staff has hit it on the head hear under the circumstances of the request and in fact if the adjacent property is under different ownership, staff finds the claim of hardship compelling recommends approval right there but they had to go through and basically what's happened is not their fault. Ms. Oliver: Yes, Commissioner Redmond. Mr. Redmond:Mr. Chairman I move approval of the application. Ms. Kwasny: I had a question. So we keep saying that if they wanted, if they are doing what we are getting ready to do it looks like and they were to take down the building, they will have to put up a single family unit but I am understanding that if we recommend approval of the subdivision variance for the property that rezoned R-5 residential duplex district then we are giving them subdivision variance to do just that anytime, at anytime correct, so if the house comes down they now have a subdivision variance to put in or am I wrong, that's what I need to understand. Mrs. Smith: Sure, not, can you hear me. Not if there is a specific condition prohibiting a duplex. Ms. Kwasny: We would have to put a specific conditioning here to prohibit that. Mrs. Smith: Correct and that's what staff has recommended for your consideration. Ms. Kwasny: I just want to make sure that's clear. Ms. Oliver: The motion made by Commissioner Redmond, seconded by commissioner Inman. 5 Mr. Fisher: By vote of 9-0, agenda item number 9, Zaldy Viar has been approved. AYE 8 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "RESUBDIVISION OF A PORTION OF PARCEL 2 AS SHOWN ON THE PLAT"DIVISION MAP OF PROPERTY OWNED BY JUDGE J. M. KEELING" (M.B. 4 P. 21,)"dated January 22, 2018 and prepared by DKT Associates. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2.If the existing duplex is ever removed, it shall be replaced only with a single-family dwelling. 6 \ ,.._____\___\ , , , , • , . , , , . fi • • t. • '1 'I I I' I , .,„ i 1 ___1_ fi 1 11 i ti� ________,.." t_ l i, -, . 11 1 ,.....„ _ ,, . , L 'i, 1 • 1} 1 a, • =fir I ,, ,--, 1 _ ________ __ 1 i t\ _ f .,, . 0 ,o_____ , I ___ l; ,,, '1, ,1 ,, ,, . II, 11 ', . .„ _________ I - ,� Int _ __ '� ___ - __ , __ ._ I 5 f r- v _ __ _ X= - ________ ,. ________ , . ,eotse __ .._ li _________ ix i28 .. 1 II; �', ' til' II - ____ ____, _______ .„_______ ___ ___ ______ 1 1 1, '1' 111 1' ' :�.;•�,- ��. . tc, ______ ____ ,.._ • ___ — _ --- irr , 11 ,,, iogi ,,, VA _ =r-ti L ' L�- ' -- -- . _ t *' 0 1 .1 '1 :I , , , 'I Ili • • ...----------3 , li 'I. tii _- _ rL-,1 It • ., _ _'• i li 11,1 li' , I I` 1 1 i • r{- .. 1 1 V 1 N - _----_ �= 1� , .--:,,-.4„,,,,,, , ,r, .,,,,„ „ ,,, „.. .„,..... E., .,,, _ zi, ,..,„... ,. .:,.„ CITY OF VIRGINIA BEACH `_ AGENDA ITEM 1 ITEM: TWENTY-THIRD FUN PARKING, LLC [Applicant & Property Owner] Special Exemption for Alternative Compliance (Commercial Parking Lot) for the property located at the northwest corner of 23rd Street and Pacific Avenue, (GPINs 2427099271, 2427099276, 2427099209, 2427099220), COUNCIL DISTRICT — BEACH. MEETING DATE: May 15, 2018 ■ Background: In 2010, the City Council granted a Conditional Use Permit for a Commercial Parking Lot that included this site as well as the vacant property to the west; however, under previous ownership, the required improvements associated with the conditions of approval were never installed. As the site is no longer eligible for a deferral of the minimum required site improvements, and as the Oceanfront Resort District Form-Based Code does not permit a commercial parking lot on the same block where only residential uses are permitted, as is the case with this property, the applicant is requesting a Special Exception for Alternative Compliance in order to operate a commercial parking lot on the site. The submitted site layout depicts a 40-space parking lot with ingress/egress along 23rd Street via an existing curb cut. The perimeter of the parking lot will have a 10- foot wide landscaped strip along Pacific Avenue and 23rd Street, as required by Section 5A of the Site Plan Ordinance. A 6-foot high privacy fence is proposed along the northern and western property lines to aid in screening the parking lot from the adjacent properties. • Considerations: Although the property is located within an area specified in the Oceanfront Resort District Form-Based Code as prohibited for commercial parking lots, this site is approximately 200 feet from the nearest residentially zoned property. Further, 23rd Street is blocked so that vehicles cannot connect to Arctic Avenue, which protects the Old Beach neighborhood from cut-through traffic. Due to the potential for the parking lot to be used by customers of late night restaurants and bars, several conditions are recommended to further buffer the adjacent properties from late night activities and noise. These conditions include the installation of a fence along the full perimeter of the parking lot, interior to plant material, in order to direct pedestrians to the single ingress/egress on 23rd Street where the attendant will be located; and the installation of a 10-foot wide planted Twenty-Third Fun Parking, LLC Page 2 of 3 buffer not only along the rights-of-way, but also along the northern property line. Also, a five year time limit is recommended in order to control the prevalence of these lots in the future. There was one speaker in opposition at the Planning Commission Public Hearing who noted concerns related to deviating from the provisions of the Form-Based Code; the potential for security issues and an increase in trash and noise; and the negative visual impact of a parking lot. Based on these comments, the Planning Commission added a condition that there be an attendant on site during hours of operation. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 8-1 . 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 2. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. The following additions shall be added as required features in addition to standard site improvements associated with commercial parking lots: a. Only one vehicular entrance is permitted which shall be located on 23rd Street at a location acceptable to Public Works and Parking Management. The entrance shall be limited to the minimum width permitted by Public Works and improved to meet current standards as required by Public Works Specifications and Standards. b. The two existing driveway aprons on Pacific Avenue shall be repaired to restore curb, gutter and sidewalk to match the existing sidewalk. c. A minimum 10' street frontage landscape buffer, measured from the back of the sidewalk, shall be installed along Pacific Avenue and 23rd Street. d. Fencing shall be installed around the perimeter of the parking lot, inside of the landscape buffer, except for a single pedestrian ingress/egress and a single, gated vehicular ingress/egress, both located on 23rd Street. Fencing height and design shall be determined during site plan review. e. A 10' landscape buffer shall be planted on the northern property line. Plant materials shall be chosen and maintained to comply with Crime Prevention Through Environmental Design (CPTED) standards. Twenty-Third Fun Parking, LLC Page 3 of 3 3. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Sec. 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 4. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 5. The applicant shall submit a detail of the gate, fencing, light fixtures, any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 6. The Conditional Use Permit is approved for five (5) years from the date of City Council approval. 7. The Commercial Parking Lot shall be staffed by a parking attendant, who shall be on site during all hours of operation. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart nt/Agency: Planning Department 43wJceøç U City Manage vBApplicant Twenty-Third Fun Parking, LLC Agenda Item Property Owners Pacific Avenue West, LLC Public Hearing April 11, 2018 2 City Council Election District Beach Virginia Beach Request Alternative Compliance(Commercial Parking Lot in Restricted Area) vots'ee 't 7540 tot wee( Staff Recommendation 750.Wet4 Approval - i �.. 240 Sleet Staff Planner 65.70ddBONL `ptn4,ea� 1 Ashby Moss x < x s 1 A ^ lAq/eet 1} l iii Location t�d..,e. v �� Northwest Corner of Pacific and 23rd Street - �_ s_' 1 1, ZZnd FM�ti A�e� GPINs 22n°S"e 2427099271, 2427099276, 2427099209, r.......-....:s 2427099220 '�'"Yle ilo'*` lost Site Size •0-7s dB QNL 14,000 square feet simHgt'o• � �fi�,ce, AICUZ 65-70 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District i� •- .; t P. e Undeveloped /OR Oceanfront Resort 's Surrounding Land Uses and Zoning Districts fit �� t • • ' North 1 '• t IA A Ocean Cove Hotel / OR Oceanfront Resort ..,:f„:„.'.4 -• South e,`' w� . Commercial — outdoor recreation (Jungle Golf), �,�,, r ' �; + , commercial parking lot/OR Oceanfront Resort ' r ! East I.1,rrW3� r ' �- "' olio Commercial - restaurant / OR Oceanfront -,.• • Resort moi, �� ,F 4.� , b. A West Vacant lot,single-family dwelling /OR ;�- illinn Oceanfront Resort 41ed Twenty-Third Fun Parking, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • The site has been vacant for several years and consists of a partially gravel, partially grassed lot.A Conditional Use Permit was approved for a Commercial Parking Lot spanning the subject site as well as the vacant property to the west in 2010, but site improvements were never provided as conditioned with the approval. • Under previous ownership, the lot has operated as a commercial parking lot without the necessary improvements in the past.Therefore, the site is no longer eligible for deferral of site improvements for a temporary lot. • The Oceanfront Resort District Form-Based Code identifies certain areas within the same block as properties zoned "R" Residential or"A" Apartment Districts, where only residential uses are permitted. Because they are typically incompatible with residential uses, certain automobile-centric uses, like drive-throughs and commercial parking lots, are prohibited in these areas. As a result, the applicant is requesting a Special Exception for Alternative Compliance in order to operate a commercial parking lot on the property until such time as the property is fully redeveloped. • The submitted site layout depicts a 40-space parking lot (3 handicapped) that will utilize the existing curb cut located along 23rd Street. The perimeter of the parking lot will have a 10-foot wide landscaped strip along Pacific Avenue and 23rd Street, as required by Section 5A of the Site Plan Ordinance. A 6-foot high privacy fence is shown along the northern and western sides. Trash receptacles are clustered at two corners of the lot. voct A-24\ bR ' • Zoning History " r � • /• 1\ # Request 1 CUP(Commercial Parking Lot)Approved 01/26/10 2 CUP(Commercial Parking Lot)Approved 12/26/02 A-12\ aa+61°14 • 3 ALT(Commercial Parking Lot)Approved 02/11/14 OR \-\\ OR' 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 Twenty-Third Fun Parking, LLC Agenda Item 2 Page 2 Evaluation and Recommendation This request for Alternative Compliance for a Commercial Parking lot is acceptable. Although the property is located within the area specified in the Oceanfront Resort District Form-Based Code as prohibited for commercial parking lots, this site is approximately 200 feet from the nearest residentially zoned property. Further, 23rd Street is blocked so that vehicles cannot connect to Arctic Avenue, which protects the Old Beach neighborhood from cut-through traffic. Unfortunately, this site's proximity to the popular bars and nightclubs on"The Block"leaves it susceptible to rowdy behavior, especially during evening and nighttime hours. As an additional security precaution, staff recommends installation of a fence around the full perimeter of the parking lot, interior to perimeter landscaping, in order to channel pedestrians to a single pedestrian ingress/egress on 23rd Street where the attendant will be stationed. Further, in order to buffer the neighboring hotel property to the north, staff has recommended a condition to provide a 10-foot landscape buffer with a 6-foot fence on the inside of the landscaping. Landscape materials and fencing shall be reviewed for compliance with Crime Prevention Through Environmental Design (CPTED) standards. Although commercial parking lots are not considered the highest and best use for properties in the Oceanfront Resort District, they can be acceptable as interim uses as long as they adhere to the regulations listed in Section 23-58 of the City Code and provide site improvements. As an interim use, a five year time limit is recommended in order to control the prevalence of these lots in the future. Staff presented this application to the Resort Area Commission's Transportation, Pedestrian and Parking Committee (RAC TPPC) on March 29, 2018 and to the Planning and Design Review Committee (RAC PDRC) on April 3, 2018. The general consensus from RAC TPPC was that the lot was acceptable only if held to the same requirements as other commercial parking lots in the resort. RAC PDRC requested the opportunity to review and comment on the site plan, signs, and any other improvements when submitted to the Planning Department. Based on these considerations, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 2. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot.The following additions shall be added as required features in addition to standard site improvements associated with commercial parking lots: a. Only one vehicular entrance is permitted which shall be located on 23rd Street at a location acceptable to Public Works and Parking Management. The entrance shall be limited to the minimum width permitted by Public Works and improved to meet current standards as required by Public Works Specifications and Standards. b. The two existing driveway aprons on Pacific Avenue shall be repaired to restore curb, gutter and sidewalk to match the existing sidewalk. c. A minimum 10' street frontage landscape buffer, measured from the back of the sidewalk, shall be installed along Pacific Avenue and 23rd Street. d. Fencing shall be installed around the perimeter of the parking lot,inside of the landscape buffer, except for a single pedestrian ingress/egress and a single, gated vehicular ingress/egress, both located on 23rd Street. Fencing height and design shall be determined during site plan review. Twenty-Third Fun Parking, LLC Agenda Item 2 Page 3 e. A 10' landscape buffer shall be planted on the northern property line. Plant materials shall be chosen and maintained to comply with Crime Prevention Through Environmental Design (CPTED) standards. 3. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Sec. 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 4. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 5. The applicant shall submit a detail of the gate,fencing, light fixtures, any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 6. The Conditional Use Permit is approved for five (5)years from the date of City Council approval. 7. The Commercial Parking Lot shall be staffed by a parking attendant, who shall be on site during all hours of operation. 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 Departmentfor crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth. The RASAP also calls for a district parking strategy with centralized and shared parking to alleviate growing traffic demand, reduce surface parking, and concentrate traffic flow. Natural and Cultural Resource Impacts There are no natural resources or cultural features associated with the site. Twenty-Third Fun Parking, LLC Agenda Item 2 Page 4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14,800 ADT Level of Service"C a Pacific Avenue 15,318 ADT &z 22,800 ADT Level of Service"D" n/a I Average Daily Trips 2 Weekday,Summer 2016 3There is no ITE Trip Generation data for a commercial parking lot,as the parking lot itself does not generate trips.Trips a regenerated by the nearby land uses,and are concentrated atthe parking lot.Therefore,trip generation has not been calculated for this application. Pacific Avenue in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a four-lane facility within a 145-foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level of Service D during a weekday summer month. 23rd Street in the vicinity of this application is considered a two-lane undivided local cul-de-sac street. There is metered parking immediately to the east and west of the existing entrance. It is not included in the Master Transportation Plan. There are no roadway Capital Improvement Program projects slated for this area. The proposed entrance apron dimensions on 23rd Street need to consist of a 24-foot wide entrance with 15-foot radii. It appears the drawing is showing slightly larger dimensions. Twenty-Third Fun Parking, LLC Agenda Item 2 Page 5 Proposed Site Layout - . _ , . . . • • • .i '''.. ii , '‘ .• N. N, :' , , . -:s..8• - I . N. t ‘ • ''. ' . — _ 1 o ,,,, • t i I Int soorr4o•P/lo i .s, • i 'l. '•d 1 " • i • • / I • • N Z,.... ., / •.1r, , ., —7 ''\ is It- ' 1 • 1 ,. I i- . I 1 Ir • •- ,.„. . - , ___._ t•,I , • — . •' , — I l E s. /-• .t1 —— 4 , a „‘ .p a ,i ' l'itk ? J . i . 4 11- , , e_i /• ,.____t . _--,-- . t..i.k • 1: la , • A `. --r------ I , qt , ii, (..... 2 • ( I ', ).-_<, I : ., ... „,„,,, t- ., ., . 4.. • -,_, -4,--, -.1 o P 3 . , • .4.i...% i 5 I 1 f '3•. 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Twenty-Third Fun Parking, LLC Agenda Item 2 Page 6 Site Photos " ' FOR SA',E ' •• _= f ' 41411S4-1.4 ' 401 .. _ . . __,..... .. _ . _ ..., .._ __ ._ ...._,....„......:_...,„.....,..„.. . .. . _ , „..... ,..„ ,;•,;.,:ei ,..•_: ..,„ I ` _•. _..: . • ., :_ . . .. . it ? 4 oma.. ..-+. ■ ! -.,,,.., .• • • • 1:+ii . 1 ... „ ,.._ .. ; - . . . .i „,„:1 r . ,2:j,,- ` IA, rs I t) e P . ,: ac- s ce_ .{ i �. — Twenty-Third Fun Parking, LLC Agenda Item 2 Page 7 Disclosure Statement N/13 Virginia Bead' APPLICANT'S NAME Twenty-Third Fun Parking, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 CI 5-2:IS Ashby Moss Twenty-Third Fun Parking, LLC Agenda Item 2 Page 8 Disclosure Statement 'NB Virginia Beach EICheck 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:Twenty-Third Fun Parking, LLC If an LLC, list all member's names: Peter G. Decker III, Paul A. Decker, and Philip A. Decker If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 4 6 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm. business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: Pacific Avenue West, LLC If an LLC, list the member's names: The Decker Family Trust, Joel Weintraub,Trustee Page 2 of 7 Twenty-Third Fun Parking, LLC Agenda Item 2 Page 9 Disclosure Statement NB 'Virginia Brach 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' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va Code§2.2-3101 2 'Affiliated 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 Twenty-Third Fun Parking, LLC Agenda Item 2 Page 10 Disclosure Statement APPLICANT Virginia Beach [V 5 NO r SERVICE PROVIDER one adamant sheets if nee C Accounting and/or preparer of your tax return l zArchitect/Landscape Architect/ u Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property Ab- (identify purchaser(s)and purchaser's service providers) ❑ X Construction Contractors 1 ❑ Engineers/Surveyors/Agents Site Improvement Associates.Inc Financing(include current a mortgage holders and lenders kill. selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ❑ C Agents/Realtors for current and anticipated future sales of the subject property __ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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? Page 4 of 7 Twenty-Third Fun Parking, LLC Agenda Item 2 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap. 'cation./ a _ Paul A.Decker, Manager / 44 g APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Twenty-Third Fun Parking, LLC Agenda Item 2 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE _ I PROVIDER lose additional sheets t needed) _ Accounting and/or preparer of your tax return [ L Architect/Landscape Architect/ L Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EziConstruction Contractors Engineers/Surveyors/Agents financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Joel Weurt:aub.irusiee Real Estate Brokers/ f� X , Agents/Realtors for current and i I 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 f V an interest in the subject land or any proposed development LJ V 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 Twenty-Third Fun Parking, LLC Agenda Item 2 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ,Application. -70c AtiCer.l.ici I P ERTY OWNER'S SIGNATURE J PRINT NAME L444",?�Q ' DATE vui,we 7-,, _ la t Page 7 of 7 Twenty-Third Fun Parking, LLC Agenda Item 2 Page 14 Item#2 Twenty-Third Fun Parking, LLC [Applicant] Alternative Compliance Northwest Corner of Pacific and 23rd Street District—Beach April 11, 2018 APPROVED Mr. Fisher: So our next item of business is going to be item number 2, Twenty-Third Fun parking LLC, this is an application for alternative compliance at the Northwest corner of Pacific and 23rd street in the Beach District. Is there representative for this application? If you could please state your name for the record? Mr. Baraki: Good afternoon, my name is Sam Baraki. I am the agent for the applicant. My business address is 800 Juniper Crescent in Chesapeake Virginia. Ms. Oliver: Thank you. Mr. Baraki: On behalf of my client, I am respectfully requesting your approval for this application. This application is for give you a little bit history before we go to the application. My client bought this property back in 1991, I guess-and the property has previously been has conditional use permit to operate as a commercial parking prior to 1991, I believe in 1988. The property was operated as a conditional, I mean as a gravel parking for couple of years before my client purchased it, then my client sold that few years past that and he sold the property. The gentleman who bought the property defaulted on the loan. My client basically self-financed the property and the gentleman who bought it defaulted the loan, so my client took it back about six years ago and it has been vacant since and trying to develop it and trying to develop the property and they have several prospect buyer to buy it and nothing happened at this point, so they instead of keeping it as a vacant property, they felt that there is a need for additional parking at the beach and they provided a you know they thought about putting a commercial parking on there. The property and one of the reason in other way is, couple of years ago, I guess somebody they had big no parking sign on the property, somebody went there, I guess in a busy weekend, took the no parking sign and flipped that and put Beach Parking and start parking people there and so my client actually called the police, somebody called my client and said hey, somebody parking on your property, so my client called the police and have them you know stop this. This property people parking there, even though, there is about six or seven signs I counted no parking on this piece of property, but people yet still jump the curb and park there. So with this proposal, we have been working with staff, you know, and I thank staff for their diligent work and we have been working with staff to come up with a good solution to a problem and we get that good solution to make this a win-win for everyone. This parking lot will be managed and run by Wayne Gibson who has run parking lots at the beach for years and he is running one right now on 29th street and there was no issues with any of the parking he has ran and we understand that the neighbor to the north, the hotel on the north concerned about noise at night and noise on this piece of property, so we have been working with staff to come up with a solution to reduce the 1 noise by creating a buffer between this parking and the hotel on the north. I believe staff recommending 10-foot buffer with a fence and my concern was when I talked to staff originally we were talking about privacy fence on that. My concern we creating an alleyway for people to hide between the building, the wall on the north and the fence and creating an alleyway for people to hide and so staff said, how about if we use a wrought iron type fence but that's not going to solve the issue of the noise. So my recommendation would be is to put in a privacy fence at the property line, go up 8 feet at the property line that prevent noise from a lot better than the just a landscaping can, wrought iron fence in there or picket fence, if the noise is the issue. We understand and my client is very sensitive to the neighbor and we want to work with the neighbors, we are not trying to say hey look, you know, this is, you know, we are trying to come up solution to the issues so with that I went back to staff talked to them as late as just before the meeting and we agreed that okay, we will go with a 10-foot landscape buffer and a 4- foot fence but in my view that's not going to prevent noise from traveling even if we have shrubberies there and this is what we are going to put in landscaping and shrubberies there, that's not going to prevent the noise from traveling. I think fence 6 or 8-foot privacy fence at the property line with probably 3 or to 5-foot landscaping between the two properties that serve a lot better and serve the neighbor to the north a lot better than a just a 10-foot landscape buffer, but if the commission feel that's not a reasonable request, we agreeing to 10-foot. So we want to work, you know, we are not here to make issues, we are here to work with the neighbors, to come up with the best solution possible and my client also still in the pursue of finding other options to develop the property in the near future, so that's why we didn't have any problem with any of the condition impose on this application or staff recommendation, we concur with them with the exception of the buffer on the north and I am offering an option, but if the commission feel the option is not reasonable by installing 6-8 foot fence at the property line and a 3-foot or 5-foot landscape buffer from the property line to the fence, then I am okay with staff recommendation and I will standby to answer a question or. Ms. Oliver: Thank you, yes Ron. Mr. Ripley: Mr. Baraki, what kind of noise do you anticipate other than just car's parking [Crosstalk] what kind of noise are they experiencing that's an issue here. Mr. Baraki: What my understanding was is not just the car parking, it's people coming in at night from bars and you know being loud and that's happening whether you know the bars there and to me if you are at Pacific Avenue or Atlantic Avenue when people leave the bars at 2 o'clock in the morning, they coming out and laughing and walking and talking and everything so whether you have a parking there or not, the noise is there so I but you know we are trying to be reasonable, we are trying to come up with okay if this is the issue, how we could resolve it. Mr. Ripley: Got it. Ms. Oliver: Thank you, any other questions? Yes. Mr. Weiner: This might be for staff also, Ashby, I think a 10-foot fence might be a security reason why that couldn't happen, an 8-foot privacy fence. Ms. Moss: Yes that was one of the reasons that we were recommending the wrought iron style, the aluminum wrought iron style because you can see through it, but it's also a barrier. It wouldn't be as good in order to block noise but that's not the only concern. 2 Mr. Weiner: It's more for security than anything. Mr. Baraki: Yeah, I mean like I mentioned to Ashby, I am okay with, I mean in my understanding originally that the noise was the issue and if the noise is the issue then, you know, the privacy fence is a better solution because the last thing I want to do is create an alley for people to hide in there so a picket fence is definitely a good solution for preventing people from hiding and you know to keep the everything with then, which is fine by me. Ms. Oliver: Thank you any other questions? Thank you. Mr. Fisher: And we do have one speaker in opposition, Mr. Stevan Troutman, please come to the podium. Please state your name for the record as well. Mr. Troutman: My name is Steve Troutman. I am the opposing party and I appreciate you listening to my concerns. I have got a little bit of a list here, so I'll probably run through it as fast as possible. First of all, to address what this gentleman just said I am the neighbor next door that no one talked to about this problem. No one approached me saying what he think about this idea for parking lot or anything, so nobody is working with me about this, so that's why I am here to try to get you to work with me if possible. Before I start my concerns, I would like to say two things, first of all two of the best things is having in Virginia Beach at least to the residents is resident parking passes, it stopped all other problems filtering to the neighborhoods. The second is the parking lot on the west side of Pacific Avenue because they are trying to keep that as a buffer, so that that doesn't happen and I just don't understand if in the Form-Based Code you cannot have a parking lot,why are we even here talking about if you are not allowed to have one, but I guess you can get exceptions to any rule. If I am wrong, maybe somebody in the city can correct me on that if that's not the code that no parking lots are allowed. Okay, to address the parking lot being there first of all, it's putting this parking lot right in the middle of the block. I am sure everybody is here has heard of the block, you get all the bars here. They are going to park there. The people that are parking there are using the vehicles as personal condos. They are parking there and they have all other paraphernalia whatever, you know, tailgate partying. You are going to have an 18-year-old kid out there, he is afraid to go approach these people or even try to talk to him. Then you call the police, it takes an hour to even get an officer there,because they are under staffes and too much is going on in the summer time, so that's one of the problems. It's a very rough crowd that is going to be there. If this was going to be opened till 6 o'clock in the evening at latest 9, I probably wouldn't oppose because that's the family crowd that I want to see coming, I want families to be able to come to Virginia Beach, enjoy our beach, enjoy restaurants and spend money here,but after that time the crowd coming in is the bar crowd and that's a very rough crowd and I have got customers going to be right beside that. Besides that, they use the bathroom as a urinal continuously, ever since parking lots have been there, no one has cared for that lot since it has been there. Right now, if you look I think one that you all saw, and I have got a picture on my cell phone but under my tree on their property, we have a guy with a tent I guess that's his personal condo sleeping in there, I cannot do anything about it because I don't own the property, police won't allow me to make a complaint, but no one is managing this property, they don't cut the grass, all the trash in that parking lot blows on my lot, so they are going to be using the property again and I don't think anybody is going to be paying attention, they are looking for the money possibly. Ms. Oliver: You are just about out of time. 3 Mr. Troutman:I am out of time? Ms. Oliver: Yeah, I am sorry you have three minutes allotted. Mr. Troutman:I thought I have 10 minutes. Ms. Oliver: No I am sorry. Ms. Moss: It was my fault. I told him he had 10. Ms. Oliver: Please go ahead. Mr. Troutman:You know, I rent to a lot of families, I am very family oriented and I am an old Beach owner, my family has been owning the motel since 1966. This property also backed up to Angie's, I am not sure if you all remember Angie's bed and breakfast, Barbara Yates used to own it, well her backyard facility that I now own and all along with Angie's, backs up to that parking lot, that's where the tree is there and I have people back there, picnic tables, cook out facilities, ping-pong table, and all of them go back there to sit and read books and trying to have some quiet. You know, you are talking about the buffers condition, this gentlemen just talked about that they didn't want to use that for an alleyway, well I like the 10-15 foot off my building that would be nice if it's allowed, a fence could lock off that buffer zone so no one could get into that zone and use it as an alley. They can have a gate opening to going from their parking lot, going and cut the grass, take care of the shrubbery, you know whatever they're going to do there. I think I heard in the early meeting that you're allowed to use a coin operated attendant without someone being there. That would really be detrimental to my business. Even if he could put a security guard there after, if this is going to be allowed after 9 o'clock, that's fine maybe. You know, all these people are going to be filtering back and forth through the neighborhoods, a bathroom, the URI Spivey is probably the worst thing you can put there because you don't take care of them. If you can have a bathroom, an actual bathroom that their guests could use, I would appreciate that instead of going around the neighborhood or peeing around in my building or whatever they do. The wrought iron fence I like if that was going to be, I think that's nice, you can see through it, I don't know if I really want the 8-foot fence, I think it looked too much like a prison compound. A nice 6-foot fence would look nice there with some shrubbery and stuff like that so you could see through it and that would add to it possibly. Maybe cameras out there, the people... lighting and cameras are two deterrents, the people know that they are being filmed, so less likely to have mischief going on there and I think that's pretty much it because I am going to try to cut back everything, but I really appreciate you all listening to me. I have been there since 1983 and I have run a very successful small business there, I have acquired all the property around me and somebody saying that there is a cul-de-sac...the cul-de-sac doesn't slow anybody from driving through. You might as well put a stop light there, maybe they might watch, listen to a stop light, the little plastic cones that they have there, people drive through this all the time, so that's not going to stop people from going through the residential areas back through there. Thank you. Ms. Oliver: Hold on, we might have couple of questions for you? Mr. Horsley: What's taking place now, if you are worried about this much, if it's under supervision and is not under supervision, what's happening now? 4 Mr. Troutman:Just a plain parking lot, no one is there, no one parks that I see. They have one entrance on 23rd street, they have a chain across it, so no one used it for parking. Mr. Horsley: So you don't have any problem with people parking there all during the year? Mr. Troutman:No, no one is parking there. They are not allowed to park their, but yeah I mean if they were, I would be calling the police department and having them addressing it. Mr. Horsley: The time that somebody did allow parking there, did you notify the police? Mr. Troutman:I can get to the history if you want, in the very beginning, there was a paint ball place on the east side of Pacific Avenue, very nice gentleman and he ran a nice business there and he bought the property across the street. He used that for parking for his guests they are coming to his business. I don't ever know where it's ever been a paid parking lot. I do remember what the gentleman said about somebody who was staying there, parking illegally. There was one time, one of the Chaplains, I think Billy Chaplain, whatever, he was out and I walked over and talked to him, because my brother is married into the family, and was asking me, so they were looking at maybe buying the property, I guess from Mr. Decker, and putting up a parking lot and running it for him or whatever, and that's what I was told. But he was finally shut down because I guess he didn't have a permit through the city or whatever. He was only there for a couple of weeks. Mr. Horsley: Okay. Thank you. Ms. Oliver: Okay, yes, Commissioner Redmond. Mr. Redmond:I have a question, what do you own there, I am unsure exactly what your business interests are, can you kind to tell me where your stuff is an what you have? Mr. Troutman:I own this building, this building, this used to be Angie's right here and I have four, four bedroom houses here, excuse me three-bedroom houses, and I rent them all at the summer to guests. Mr. Redmond:Okay, great thank you. Mr. Troutman:My area that I was talking about right here is this tree area. That's where the picnic area and all of that all of my guests use. I don't have a pool, so I have very limited entertainment for my guests but I have that yard that gets used a lot for picnics and stuff like that, also weddings and other small things there. Ms. Oliver: Great, thank you any other questions. Commissioner Inman? Mr. Inman: We are only missing one parcel in that thing; what about the parcel that backs up to the parking? Mr. Troutman:Right there. Mr. Inman: No, parking at the below, right there. Mr. Troutman:That's owned, I think it just got sold, that was owned by the guy that owned the Waves Motel and he also owns this property here which is an apartment building. Mr. Inman: How is that used? 5 Mr. Troutman:They didn't, it isn't being used, same thing with this lot here, I was hoping that they could all get in conjunction, I mean together and build something nice there. They increase property values. I don't think parking lots increase people's property values, which to me pretty much of an eyesore, on the city lots, if you want to put city lot, that I have no problem. City lots are very well maintained and they look nice and you know you don't hear any noise from them. Ms. Oliver: Any other questions to Mr. Troutman. Okay, thank you. Mr. Troutman:Okay, thank you very much. Ms. Oliver: Thank you, yes sir would you like to come up for rebuttal please? Mr. Baraki: Couple of things, number one is you know the gentleman mentioned the trash and trash blowing to his property and so forth, simply because nobody using the property and people you cannot control people from crossing there and throw their trash. If this is developed with parking lot and with an attendant who is there then you know, there won't be any trash blown anywhere because we are providing trash receptacles for the people who park there. Second is I understand what the gentleman said about the noise and the later at night and what have you, I talked to my client and he said look if the issue become a problem at night, we willing to shut down at 9 o'clock, it's not a problem but they are going to have an attendant there, so it is, we are not trying to impose anything, we are trying to work with the neighbors, we are trying to be a good neighbor, we are trying to make something awful to something decent and this is what we trying to do, so with that, I mean I will be happy to answer any question if you may have. Ms. Oliver: You have any questions, anybody? Okay, thank you very much, alright. We don't have any more speakers right, okay. So we will close this hearing now and open it for discussions amongst the commissioners. Mr. Hodgson: Mike and I are just sitting here looking at some of the close-ups of the pictures and where we were talking about putting a fence along the north end of the property and there is a 30-foot high fence there right now basically in a form of a cinder block wall. I am trying to figure out what a fence will even do along that portions of property, I mean to me, it almost look better with just a landscape buffer along that wall, definitely would need a fence around the Pacific Avenue side to keep people from hopping over. I think this is probably one of those lots where you do need an attendant and not be a self-parking type of facility. I think you have a lot less issues with an attendant there. I think the one gentleman in opposition said that it could take an hour to get police there, and there is quite a bit of police traffic down at the Oceanfront in that area after 10 or 11 o'clock and it's, they seem to be on just about every block down there. So I am okay with the parking lot going there because it has been a lot, parking lot basically as long as I can remember. I am just wrestling with what to do on the north end of that piece of property where it abuts to the cinder block wall of his hotel and I am open for ideas from Mr. Redmond. Ms. Oliver: Mr. Redmond. Mr. Redmond:I don't have any for you, very frankly because I am not comfortable with the application given this gentleman's opposition which I find compelling and I might feel differently about it, if it were on the other side of Pacific Avenue, but it's not and so I just I cannot I just cannot get comfortable with that idea unless you know there were no opposition I suppose at least the opposition weren't quite as compelling as I found it to be, so I don't know how you sway just concerns, and I think there are legitimate concerns, again it might be, my 6 view might be different if we are on the other side of Pacific Avenue but I will be hard to persuade. Mr. Hodgson: You have a city lot two streets down and basically the exact same location, I think it's on 25th street, I think there is a city lot, that's on the west side of Pacific, that's right up against I believe residential also. Mr. Redmond:I think he was quite comfortable with the idea of city lot but that's not what we were talking about and so you are going to have probably a different level of monitoring and different level of responsibility and response time to all that stuff, so anyway you can feel free to think differently but that's... I cannot think that way so. Ms. Oliver: Jan. Ms. Rucinski: I sort of feel little bit like Dave does but, but the gentleman in opposition did indicate that he would be in favor with it if the hours were closed, if it was, the parking lot was used more for families going on the beach I think, his biggest objection if I am not mistaken has really more to do with the late night group of people that come and so maybe the applicant didn't, you know, he indicated he wouldn't be oppose to have any time constraints put on, so you know, maybe that would be an answer that could, you know, get the applicant the use of the property and also you know help the neighbors if it were you know used in parking lot during you know day and early evening hours for beach residents and then you know closed off, you know 8 or 9 o'clock at night. Ms. Oliver: Ron. Mr. Ripley: The sounds of the resort area are the sounds of the resort area. We're right in the resort area, so I don't know how to tent that down without police if it really gets loud and things like that but people walking around, they are talking, there are cars, it's an urban setting and I think this is an interim use - it's five year condition here for use and I think it's important to let people utilize their property as long as they comply and if they don't comply then they have to deal with the city on noncompliance and so I think you know Jeff brought up this morning about the people jay walking if you will and I think the city can control that by fencing and make an exit out on the corners where you actually have a crosswalk and get across the street and that would pull people away for the most part away from the hotel and I am with Jeff, and I don't know what you're trying to get that cinder block wall that's four-story or three story high, three story or not that high, I don't know how high off hand, but I don't know what else to do with that, I mean, I think you put a fence or landscaping that's fine. I am in favor of the application as proposed. Ms. Oliver: Don. Mr. Horsley: I tend to agree but you know I think the property is better off being under management having somebody to taking care of it than it is sitting there vacant and with these conditions, the hotel has a pretty good size wall there outside, the only problem I would have would be if people would cut between the corner of the fence at front and the hotel, they cut through that way that would be the only concern I would have for not putting a fence up on that but I think the application is worthy of a positive vote, but with that question about the fence on that north end to cut, to keep people from cutting through by the hotel to get into the lot where we prefer them to come around to an entrance to go in the lot and I think it's better off if you 7 have somebody attend the lot, then you are just there for anybody to stop and park, even though there are no parking signs. Ms. Oliver: One question for Ashby? Where the tree is, where the hotel ends and his picnic area starts, does that butt up against that parking lot, because the parking lot that's part of it, so the only thing in between that open area of his in the parking lot is that tree [Crosstalk] so there is a chain link with the plastic pieces through it? Ms. Moss: I don't know what type of fence is on the property line right there but the fencing associated with the parking lot would be inset towards the interior of the parking lot with the landscaping on the outside. Ms. Oliver: And I know when we spoke yesterday because we know that area has a tendency to have a robust nightlife, we spoke about possibly with their landscaping putting like pachysandra in there, something to deter people from getting into area with a thorny type of bush kind of thing which might be something that they would consider which would help keep people off of that area. Ms. Moss: During the detailed plan review, I wanted to review it with the police and the crime prevention through environmental design standards for plant material and the type of fence, the height of the fence to being able to see through the fence and that fence that's mentioned, yes they do have the solid wall but with the landscape buffer the intent of the additional fence there is to protect the landscaping from people cutting through and walking on there, so somehow it needs to be secured. Ms. Oliver: Right. Commissioner Weiner. Mr. Weiner: That site plan is different than what we have, in our site plan, the parking bumpers are right up against the building and that one has little shrubbery landscaping between the parking bumpers in the building, I like that, that's the one we were talking about right. Ms. Moss: Well that was, there has only been one submitted site plan and it's not a condition because it doesn't have everything that the conditions, the recommended conditions include, so that's just kind of a conceptual idea but there are additional things that need to be added. Mr. Weiner: Okay that's not but we had that, on ours the parking bumpers are right up against the building, does not show any landscaping on the bottom, on the north side? [Crosstalk] The parking bumpers are up against the building on that on the north side, is there any way we can do some type of landscaping to keep the cars little far away from the building, do you know what I mean? Ms. Moss: Well that's included in the recommended conditions so again kind of don't mind the submitted site plan but this was the conceptual site plan submitted with the application. Mr. Weiner: Okay, I am, I mean, I kind of like it just the fact its going to fix the corner up, it's going to look better than it does now, like Mr. Ripley was saying the noise of the beach is the noise of the beach, and I don't know how you can get away from that, but I am going to say I'm in favor for it also. Ms. Oliver: Commissioner Kwasny. 8 Ms. Kwasny: So I think there has been some very interesting perspective provided by having an adjacent property owner come forward and I think that David said that that adds to the information we have to make a better decision provided that there is a compromise offer in relation to timeframe that might provide this adjacent land owner some comfort and so although Ron is right, this is normally heavily populated area so there is going to be noise, but there is opportunity to kind of meet in the middle for these people and I think we might try to do that if you know the commercial, wants to make commercial parking as Don said which will be better managed probably provide a level of safety there that isn't there now. We will might be able to do something good by providing a timeframe that's reasonable to the adjacent land owner but also reasonable to the one who wants to change it to a lot. Yes, that's what I think. Mr. Inman: Okay, well, now we're starting from the premise that this kind of use is not, is frowned upon in terms of our zoning code and we are here because it requires a special exception to have it so I am going to make you think maybe the conditions are, something needs to be considered why would it be frowned upon for noise, for aesthetics, for well noise isn't a big deal because it's just the way it goes down at the Oceanfront but I think as Ashby points out in her writeup it says you know this site's proximity to the popular bars and night clubs on the block, these are susceptible to rowdy behavior especially during evening and night time hours. So I am sort of okay with going with the proposal if there is staffing on this property that would be able to monitor some of the after certain times there's got to be somebody there and as long as they would want to be opened, there was no hours on it, so it can be opened 24/7 alright. [Crosstalk] Mr. Hodgson: I poorly wrote an extra condition that I would like to see that says, parking lot to be operated by an onsite attendant at all times during operation just to help control that. Mr. Hodgson: I am worried. I understand the time constraints. I go to one of my favorite restaurants is right there on 23rd street. If you go there and you are having a dinner and you end up parking, parking is tough there, I mean they have some spots in the back that they fill pretty quick; and if I mean dinner runs past 9 o'clock, I am just concerned that people will be running to the car like me. I mean this is the Oceanfront, it's a totally different animal down there, so I mean, I would support the application as is with the condition that requires an attendant to be on- site during operation. Ms. Oliver: Would the applicant be [Inaudible] [01:02:11] towards that? Mr. Baraki: Yeah absolutely, like we mentioned the parking lot will be manned at all time, will be run by people, I mean, there would be an attendant at all time the parking lot is open, so it's not, there is no problem with that. We definitely, I mean, it will be manned, somebody will be there at all time it's open and when they finish, they will close the gate, I mean, when everybody leaves they close the gate for the night and they go home. Ms. Oliver: Okay. Sure. Mr. Horsley: Can I ask you one more question? Are you all going to manage the parking lot or you contracting it out to somebody else to manage it? Mr. Baraki: I am the agent for the applicant, but the applicant will have Wayne Gibson manage the parking lot who has managed several parking lots at the Beach. 9 Mr. Horsley: Okay so your applicant is got to make sure that Mr. Gibson adheres to these conditions? Mr. Baraki: Yes sir, no problem. There is no problem with that. Ms. Oliver: Okay, any other questions? Okay great, thank you. Alright Mr. Hodgson. Mr. Hodgson: I would make a motion to approve the application with an added condition that states again I would rather, be written little bit better than this but parking lot to be operated by an outside attendant at all times during the operation. Mr. Inman: I will second it. Ms. Oliver: Okay, we have a motion made by commissioner Hodgson, seconded by commissioner Inman. Mr. Fisher: By vote of 8 to 1, item number 2, 23rd Fun Parking has been approved with the added condition. AYE 8 NAY 1 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND NAY RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 10 2. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. The following additions shall be added as required features in addition to standard site improvements associated with commercial parking lots: a. Only one vehicular entrance is permitted which shall be located on 23rd Street at a location acceptable to Public Works and Parking Management. The entrance shall be limited to the minimum width permitted by Public Works and improved to meet current standards as required by Public Works Specifications and Standards. b. The two existing driveway aprons on Pacific Avenue shall be repaired to restore curb, gutter and sidewalk to match the existing sidewalk. c. A minimum 10' street frontage landscape buffer, measured from the back of the sidewalk, shall be installed along Pacific Avenue and 23rd Street. d. Fencing shall be installed around the perimeter of the parking lot, inside of the landscape buffer, except for a single pedestrian ingress/egress and a single, gated vehicular ingress/egress, both located on 23rd Street. Fencing height and design shall be determined during site plan review. e. A 10' landscape buffer shall be planted on the northern property line. Plant materials shall be chosen and maintained to comply with Crime Prevention Through Environmental Design(CPTED) standards. 3. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Sec. 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 4. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 5. The applicant shall submit a detail of the gate, fencing, light fixtures, any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 6. The Conditional Use Permit is approved for five(5) years from the date of City Council approval. 7. The Parking lot shall be operated by an outside attendant at all times during operation. 11 __.---,_-----,=-' \ I..--'\ ', __...- _ -==_ ti1 re • - \ { li i1_ .- r- it SCOW----- 1 _1 _ ,-_4_11_.. 'x\,.,,,.- ..\._\_.\----J'--r-...-c11r__-._,-_-______.<____---...------- \ TI! \ -,,,___..__.--...- _„_,•.,.,.„,„,..„,i -,\ { ,c_______\,_,__,_ •,.:\,\,,,,_ —, _-,r..,,-____,_-__ _\,N.t_-ii_-,. _-____. -. -_-__-__-_-_--.,-iii-,,\'.:_::_:-:\- t.- t\,„ `- ' \...__.,V,- t . \10 \” c 7: y 11 11 - 1. \ ..-----_,..--,-,1'-'--- 5_,,-----ri • . I 1 _ rs'1 • t. 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MEETING DATE: May 15, 2018 ■ Background: The site consists of two A-24 Apartment District zoned lots, with 10 legally nonconforming units. The applicant proposed to combine these parcels and create one 100-foot wide by 140-foot deep corner lot that fronts both 34th Street and Arctic Avenue. Based on the existing A-24 zoning, as a matter of right, the applicant could redevelop the property with up to seven units. As the request remains above what can be constructed as a matter of right, a Change in Nonconformity is required. The submitted concept plan depicts the redevelopment of the site with two, three- story buildings that will be connected by an open-air stairwell. A total of nine dwelling units are proposed within these two buildings, with a mix of one and two- bedroom apartment units. Also proposed is a one-story storage/carport structure for up to four automobiles. The buildings proposed along 34th Street will encroach into the 30-foot front yard setback by 18 feet, with the porches/balconies of the corner building projecting even closer to the road. One of the existing structures on the site is located as close as 11 feet from the 34th Street right-of-way. Proposed streetscape improvements consist of a widening of the pavement, the installation of curb and gutter and new sidewalks within 34th Street and Arctic Avenue. A total of 17 parking spaces are proposed, all of which will be accessed off of the alley. A parking lot with nine spaces is depicted on the concept plan along with up to eight stacked spaces. Based on the standards set forth in the Zoning Ordinance, a minimum of 18 on-site parking spaces are required. As a result of this project, five on-street parking spaces will be created along Arctic Avenue. The submitted architectural elevations depict a red brick skirt, upgraded vinyl horizontal siding, upgraded vinyl board and batten, cementitious smooth paneling and trim, vinyl windows, Bahama shutters on the 3rd level and architectural asphalt shingles. Willis Family Partnership Page 2 of 3 • Considerations: There are 10 legally nonconforming units on the site, and the applicant's request is to decrease the number of dwelling units to nine. The proposed redevelopment is in alignment with the Seapines Station Voluntary Design Guidelines. The Guidelines, which are adopted as part of the Comprehensive Plan's Reference Handbook, include design recommendations for setbacks, massing, materials, parking, and landscaping. The property owners of the three-unit condominium to the east spoke in opposition to the request at the Planning Commission's public hearing. Concerns were noted related to the lack of parking in the vicinity, and the potential for increased light pollution and stormwater runoff onto their property. Following the Planning Commission's discussion of the application, the motion to approve included an additional condition to require the use of a cement fiberboard siding, rather than the vinyl siding proposed. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 8-0, with 1 abstention. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL LAYOUT," dated March 20, 2018, and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the elevations entitled, "34th AND ARCTIC MULTIFAMILY," dated 2/14/2018, and prepared by Retnauer Baynes Associates, LLC, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The exterior siding material above the brick skirt shall be cement fiberboard. No vinyl siding shall be installed on the exterior of the building. 3. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL PLANTING PLAN," dated March 20, 2018, and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Willis Family Partnership Page 3of3 • Attachments: Staff Report and Disclosure Statements Resolution Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 3 City Manager: .moi:: ` Applicant & Owner Willis Family Partnership Agenda Item Public Hearing April 11, 2018 Aj' City Council Election District Beach 5 Virginia Beach Requeststt ;5�w`ix eec 5=eet e 35U Change in Nonconformity \ �"�ee, d� Staff Recommendation4. ,suee Approval Ao o, ,,p 1 1 F Staff Planner �dsye� ;0.75 dE DN� Jonathan Sanders / ,sot., sy\o Raad 65.70 e6 DP_ 1 Location 30,1, 318 & 320 34th Street "PZ' R a,N - gh Wee' GPINs f 1 N,. 2418926937, 24189259931 0de�e G�a\e O m 18th Sued s` Site Size 14,000 square feet AICUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Duplex, multi-family dwellings/A-12 'i' Apartment ! n< t.:,„- '4,,,. , „ y$:�: �� .fit f r.. a � y ,, ;,,�: -;iii' amt 34th`St� Surrounding Land Uses and Zoning Districts p, ,� _ 2 North '' _ . Alit 34th Street , 1 3,Itn tr , `a' ,I 4 Multi-family dwellings, single-family dwellings/ 1ik A-24&A-36 Apartment rk= � ' r t ' t "-4 � •,, South {_ 33rd Half Street J rig t 316....t t , _ i Multi-family dwellings/A-24 Apartment r '-• .it East µ.a st"•et . `` j+� I- 3, 5(l a 4 .r 'A Townhomes/A-12 Apartment cl f t' , I West • ;,. , , Y ; , ' ik Arctic Avenue ` -'` _ Single-family dwelling/A-12 Apartment Willis Family Partnership Agenda Item 5 Page 1 Background and Summary of Proposal • The site consists of two lots that will be combined to create a 100-foot wide by 140-foot deep corner lot that fronts both 34th Street and Arctic Avenue. Both existing lots are zoned A-24 Apartment District. According to the applicant, 10 dwellings currently exist in four buildings that were all constructed in the 1930s through the 1940s. • There are 10 legally, nonconforming units on the properties, and the applicant's request is to decrease the number of dwelling units to nine. Based on the existing A-24 zoning, as a matter of right, the applicant could redevelop the property with up to seven units. As the request remains above what can be constructed as a matter of right, a Change in Nonconformity is required. • The applicant proposes to redevelop the site with two,three-story buildings that will be connected by an open- air stairwell. A total of nine dwelling units are proposed within these two building, with a mix of one and two- bedroom apartment units.Also proposed is a one-story storage/carport structure for up to four automobiles. • The proposed concept plan depicts the buildings proposed along 34th Street setback 12 feet from the property line, with the porch/balconies of the corner building projecting even closer to the road, thereby encroaching into the 30-foot front yard setback for A-24 Apartment Districts. An existing structure on the site is located 11 feet from the 34th Street right-of-way. • A total of 17 parking spaces are proposed, all of which will be accessed off of the alley. A parking lot with nine spaces is depicted on the concept plan along with up to eight stacked spaces, including four spaces within the carport. Based on the standards set forth in the Zoning Ordinance, a minimum of 18 on-site parking spaces are required. However, as a result of this project, five on-street parking spaces will be created along Arctic Avenue. • Proposed streetscape improvements consist of a widening of the pavement within 34th Street and Arctic Avenue; and the installation of curb and gutter and new sidewalks. • The submitted architectural elevations depict a red brick skirt, upgraded vinyl horizontal siding, upgraded vinyl board and batten, cementitious smooth paneling and trim, vinyl windows, Bahama shutters on the 3`d level and architectural asphalt shingles. • The conceptual planting plan depicts foundation landscaping at the base of the buildings and along the covered parking area; flowering small trees and large canopy trees; evergreen shrubs to provide screening along the eastern boundary line; and accent grasses and evergreen groundcover. • Stormwater management will be addressed in more detail during final site plan review. Willis Family Partnership Agenda Item 5 Page 2 . .\ ',i\ 1 OR F, ,___, ‘,....___.---- , , ___, _, „ -3 . , .. _I 1 _ - i Zoning History _'' r .i��../� OR # Request '% ,A�,•i12%\ ' �\ , , v 0- �4,.„. 4 NON Approved 01/14/1997 OR a,�i \ 1 - \, \ A-, , '' \ -------- 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 Evaluation and Recommendation The proposed redevelopment to construct two buildings containing nine multi-family dwellings on the site is, in Staff's view, compatible with the land use policies for the Suburban Area as the proposed configuration of the site, architectural massing and materials, parking, landscaping and streetscape improvements are in alignment with the Seapines Station Voluntary Design Guidelines. The Guidelines, which are adopted as part of the Comprehensive Plan's Reference Handbook, include design recommendations for this area and address setbacks, massing, materials, parking, and landscaping. Below is a brief evaluation of the applicable Guidelines. Setbacks and Massing The Guidelines recommend that large-scale structures be "broken up” into separate buildings, and that roof lines and heights be varied in order to reduce the mass of a structure. The Guidelines state that the front setback of the buildings should be 10 feet,the side yard setback should be eight feet and porches should be five feet. The facades of the proposed buildings are designed with projections, such as porches and balconies, which provides visual relief and will aid with reducing the overall scale of the building. The proposed setbacks of 12 feet for the front yard and 10 and 15 feet for the side yards exceed the setbacks recommended by the Guidelines,which is 10 feet for the front and eight feet for side yards. Materials The Guidelines state that siding should include high quality materials that stand up over time to the effects of salt spray and wind. Use of masonry and cement fiberboard is encouraged. The applicant is proposing a masonry skirt, upgraded vinyl siding on the facade and cement fiberboard for trim details. The articulation of exterior materials is balanced and meets the intent of the Guidelines. Parking The Guidelines recommend for corner lots that parking areas for multi-family dwellings be on the interior of the lot and accessed via an alley. The use of pervious materials for on-site parking, driveways and walkways is encouraged. Due to the proposed widening and streetscape improvements, more space will be available to comfortably park on the street, which will offset the lack of one parking space on-site. As previously noted, on-site parking will be accessed from the alley and will be screened from the rights-of-way by the buildings and the proposed plantings. Willis Family Partnership Agenda Item 5 Page 3 Landscaping The Guidelines state that landscaping along street fronts should frame, soften and embellish the quality of the residential environment. Planted areas should be designed to aid in stormwater management,where possible.The Guidelines recommend that a minimum five-foot wide evergreen hedge be installed along the length of any driveway that abuts a north/south property line,and that street trees be planted along rights-of-way on infill lots and for redevelopment sites. As mentioned above,the conceptual planting plan depicts foundation plants at the base of the buildings and covered parking area;flowering small and large canopy trees; evergreen screening along the eastern boundary line; and accent grasses, perennial color and evergreen groundcover. As the property is located within the 70-75 noise zone, a reduction in the number of units from 10 to nine meets the goals of Article 18 of the Zoning Ordinance of minimizing residential units within the higher noise zones. Staff views this request as an enhancement and upgrade to the area. Also, it is Staff's opinion that the project addresses many of the Seapines Station Design Guidelines with regard to providing a quality streetscape and built environment that reduces emphasis on parking areas, providing appropriate massing and treatment of buildings, and increasing plant material along street frontages. Based on the considerations above,Staff recommends approval of this Change in Nonconformity request subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL LAYOUT," dated March 20, 2018, and prepared by Timmons Group,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the elevations entitled, "34th AND ARCTIC MULTIFAMILY,"dated 2/14/2018, and prepared by Retnauer Baynes Associates, LLC,which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The exterior siding material above the brick skirt shall be cement fiberboard. No vinyl siding shall be installed on the exterior of the building. 3. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "34th STREET AND ARCTIC AVE APARTMENTS,CONCEPTUAL PLANTING PLAN," dated March 20, 2018,and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 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. 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; Willis Family Partnership Agenda Item 5 Page 4 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. This site is within the area associated with the Seapines Station Voluntary Design Guidelines, adopted by City Council in 2017. The Guidelines provide recommendations to encourage a quality streetscape and built environment that reduces emphasis on parking areas, provides appropriate massing and treatment of buildings,accommodates large porches, and increases plant material along street frontages. Natural and Cultural Resources Impacts The site is located in the Atlantic Ocean watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Arctic Avenue No Data Available Existing Land Use 2-67 ADT1 34th Street Proposed Land Use 3-60 ADTe lAverage Daily Trips 2 as defined by 10 3 as defined by nine apartment units apartment units The south side of 34th Street is fully improved with pavement widening, curb and gutter, and sidewalk from Pacific Avenue to the eastern property line of this proposed development. This improvement allows for pedestrian mobility as well as on-street parking. As a result,Traffic Engineering is requiring the extension of these improvements along the entire 34th Street frontage,which the submitted Conceptual Layout does reflect. Arctic Avenue south of 33rd%2 Street is fully improved with pavement widening, curb &gutter,and sidewalk. As with 34th Street,this improvement allows for pedestrian mobility as well as on-street parking. As a result,Traffic Engineering is requiring the extension of these improvements along the entire Arctic Avenue frontage, which the submitted Conceptual Layout does reflect. Public Utility Impacts Water The site must connect to City water. There is an existing six-inch City water main on 34th Street. There is an existing 16- inch City water main on Arctic Avenue. Sewer The site must connect to City sanitary sewer. There is an existing eight-inch City gravity sanitary sewer main on 33rd V2 Street. 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. Willis Family Partnership Agenda Item 5 Page 5 Existing Site Layout STREET T 1f.e ,Ai P i IA 1\ -MN-STOP" ' _ I ft;': x M76`r12-T E ' i loo.v& 1 it ` N 3,488028.88 %! 4,,,,._ � _ .,.4.P. .. ., ' .+ .12:—,1/4.41. �� L12,219,82848 et! .. ii'r`' : `b f 1 r 8K2N702 R/CG' i ... Yl t'f,E-16 J lt ... i o • o ` a. - 1 ,, ( 3-.5;1rxer P We. 01.,----••••- .t { 4 I I r,,�.. O ; �� zt< '} i t{ 1 1 . 1 � r &vow I 1- ! • MHO I tn. i - 'FFE. .1 L1 AC D.f' �11I II f ! ,+ . 22.^.../ !1 y .t�l } l . I s7*F i' .ii _A_A � ii I if I ( f AC T Al -1911.-A ' c,111"1":,X +'M.' t cow +� ... a ,100.'1' Wall.11.11110weiwn 11111••=•1••••• • mos A t i f' h ;. F ' '�1+ :NTS o 25 so ,.•••. 6 1 }-1f- Feet +� TIMMONS GROUP COUNTY PROJECvO•jfi VISION ACNItVEO TNROUON OURS Willis Family Partnership Agenda Item 5 Page 6 Proposed Site Layout a- 0a O' °Q u P. $ • Zi ei CV M • f' Z RI R 8g -1a Pi O a o _' A tg(y, g h H 'fi(�n p N Of 41 Z 00 (J C J e e a ug R z o e Zri o. LL NI O m QI m F U' (9 ? o 6j W- t0 C z . [OJ� U oiit , N O H Q' 2 Q O i p z 8 LL r a 0 y V f a a a 6I 0 0sg 2I6a 1wE Ewa tii1wa i _____________________________Hi.Z F _........„,_ I g I g 40re Pi i - - - - - 2 giLL o� U) N W ¢�U. m s �Or+�avae LL z i I I ,,.. 1 . _t__ 4__I ' L 1___ ] 4. 8 x g .P. .0 i / L ." , ti.1 pil ggs' .. 11 i \ -1- '-- = ' , � iU — I~ °° i ' otL,,,,,,„ � -.L \ ce ` b co o o \ 3 Z 2 0 o ^� 03m r.II ►- ff Q<a w S $ W H = a LU U v- O — M U Willis Family Partnership Agenda Item 5 Page 7 Proposed Landscape Layout co a OI NI N ge e L2 N w w • y i U ce Q — • Z! a 060 •. 0 II ��w • F zt Zzww$ : ., w<D F' a. 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' , - I- I- r -1 1 Lri E . ......, I I 11.1111mlowarl 1 1 1 I - 111 . i I \11 \ lk i \I 1111111-klarie.. I ! ..2 i ! C . • Willis Family Partnership Agenda Item 5 Page 11 Site Photos 1 ,,e , NT I�'/ ;7 . - yam: 4i, t.lomit. l ; 4/ II 07 4016.HtAii7'. --.--,,,--,1,_- --- ..; ,,.., `:- /l� .. ♦' ....„t.....,..^ Alit . 1r 11 11 - t 1 I _ , II* l 444 /IN l ----4 _ ` _ , , 'mem y tt �4 fs. i i ,iii,. ' -' .11110 .,r� „` fir+ {� ,r • i. ,w.s fit ,." i - ,w. \ • ���i 11 Willis Family Partnership Agenda Item 5 Page 12 Disclosure Statement AS3 Virginia Beach APPLICANT'S NAME Willis Family Partnership DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONL; I disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commissiu ., d City Council meeting that pertains to the application(s) 0 APPLICANT NOTIFIED OF HEARING DATE 0 NO CHANGES AS OF DATE 5/3/ D JS Jonathan Sanders REVISIONS SUBMITTED DATE Willis Family Partnership Agenda Item 5 Page 15 Disclosure Statement Virginia Beach n 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:Willis Family Partnership If an LLC, list all member's names: See Attached If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY_OWNERIS 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 Willis Family Partnership Agenda Item 5 Page 16 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 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 sould 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 Willis Family Partnership Agenda Item 5 Page 17 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets if i needed) Accounting and/or preparer of Patrick Shuler,CPA,Dixon Hughes your tax return Goodman XArchitect/Landscape Architect/ Retnauer Baynes Associates,LLC Land Planner Contract Purchaser(if other than I I X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property LJ LJ (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors Engineers /Surveyors/Agents Timmons Group Financing (Include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I^I n Legal Services Midgett&Preti,PC;Inman&Strickler Real Estate Brokers / Allen Pyle,Pyle Realty LiAgents/Realtors for current and anticipated future sales of the subject property 'Sykes,Bourdon,Ahern&Levy,P.C. ` • 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? j If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Willis Family Partnership Agenda Item 5 Page 18 Disclosure Statement • ,ter I Virginia Beach 10ERTIFICATION: 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._ ' Mx/a. - , JoH4.I 7. M i t, -r. TQv;-tEe a1%8/mr7 APPLICANT'S sIGN uc(E 1 PRINT NAME illy c r DAT, Wn2LC.2 (ci Page S of 7 Willis Family Partnership Agenda Item 5 Page 19 Disclosure Statement Section 2/Property Owner Disclosure (A) Willis Family Limited Partnership General Partner: Earleo,LLC Manager: John T.Midgett Member: Survivor's Trust B,under The Willis Family Joint Trust Trustee: John T.Midgett Beneficiary: Mary Jane Willis Limited Partners: I. Mary Jane Willis 2. Ros R.Willis 3. Lucy Willis 4. Clay Willis 5. Willis Family Trust Under the Willis Family Joint Trust Trustee: John T.Midgett Primary Beneficiary: Mary Jane Willis Contingent Beneficiaries: Ros R. Willis Elizabeth W.Keever 6. Elizabeth Keever Irrevocable Trust Trustee: John T.Midgett Beneficiary: Elizabeth W.Keever (B) Midgett&Preti PC Partially Owned by John T.Midgett Willis Family Partnership Agenda Item 5 Page 20 1 A RESOLUTION AUTHORIZING THE RECONSTRUCTION 2 OF NONCONFORMING STRUCTURES ON PROPERTY 3 LOCATED AT 318 AND 320 34TH STREET 4 5 WHEREAS, the Willis Family Partnership, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to reconstruct nonconforming structures 7 located at 318 and 320 34th Street in the A-24 Apartment Zoning District, by the 8 reconstruction of 10 nonconforming apartment units into 9 apartment units located on 9 the parcels; and 10 11 WHEREAS, these parcels currently contain apartments that exceed the density 12 and that encroach into the required setbacks; and 13 14 WHEREAS, the apartments were built prior to the adoption of the applicable 15 zoning regulations and are therefore nonconforming; and 16 17 WHEREAS, the Planning Commission of the City of Virginia Beach 18 recommended approval of this application on April 11, 2018; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 21 reconstruction of nonconforming structures is unlawful in the absence of a resolution of 22 the City Council authorizing such action upon a finding that the proposed structures, as 23 reconstructed, will be equally appropriate or more appropriate to the zoning district than 24 are the existing structures. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed structures, as reconstructed, 30 will be equally appropriate to the district as are the existing nonconforming structures 31 under the conditions of approval set forth herein below. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That the reconstruction of the nonconforming structures is hereby authorized, 37 upon the following conditions: 38 39 1 . When the site is developed, it shall be in substantial conformance with 40 the submitted site layout exhibit entitled "34th STREET AND ARCTIC 41 AVE APARTMENTS, CONCEPTUAL LAYOUT," dated March 20, 42 2018, and prepared by Timmons Group, which has been exhibited to 43 the Virginia Beach City Council and is on file in the Department of 44 Planning and Community Development. 45 46 2. The exterior of the proposed buildings shall substantially adhere in 47 appearance, size and materials to the elevations entitled, "34th AND 48 ARCTIC MULTIFAMILY," dated 2/14/2018, and prepared by Retnaur 49 Baynes Associates, LLC, which have been exhibited to the Virginia 50 Beach City Council and are on file in the Department of Planning and 51 Community Development. The exterior siding material above the brick 52 skirt shall be cement fiberboard. No vinyl siding shall be installed on 53 the exterior of the building. 54 55 3. The installation of plant material shall be, at a minimum, as depicted on 56 the Landscape Plan entitled, "34th STREET AND ARCTIC AVE 57 APARTMENTS, CONCEPTUAL PLANTING PLAN," dated March 20, 58 2018, and prepared by Timmons Group, which has been exhibited to 59 the Virginia Beach City Council and is on file in the Department of 60 Planning and Community Development. 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r — I ilik(fw ,U fr Barry FrankenfieldB. Kay Wilson Planning and Community City Attorney's Office Development CA14356 R-3 April 18, 2018 2 Item#5 Willis Family Partnership [Applicant] Change in Nonconformity 318 and 320 34th Street District—Beach April 11, 2018 APPROVED Eddie Bourdon: Good afternoon Ms. Oliver, members of the commission, Eddie Bourdon, Virginia Beach attorney represent the applicant. Firstly I want to do is I want to thank Jonathan and Carolyn Smith and director Frankenfield for their work with us on this redevelopment proposal. You all familiar with the Seapines area, which was left out of the Form-Based Code due to concerns from the Navy, so we cannot rezone a number of these properties that have nonconforming uses that have been there for decades and decades and that's the case here with 10 units in four structures on the property that is legally nonconforming since an application to modify that nonconforming use. The staff has done a wonderful job with the write up and you all reviewed that this morning. I want to hit on some points I think that weren't hit on, that I think are very important. This redevelopment, this property has 340 linear feet of street frontage on 34th Street, Arctic Avenue and the alley 33rd Half Street. Today, because of the street narrowness and not being completely developed to today's standards there is room to park, one possibly two cars, everything else is no parking. Today,these 10 units have 12 parking spaces, 8 of which are legally on-site and 4 of which are not. So with the 340 linear feet of road frontage and 10 units, you have a total of 12 semi on-site parking spaces and one to two legal off-site and I would say really it's one. With this redevelopment, the owner of the property will be spending well over a 100,000 dollars, really 100 and quarter, to widen the street, putting curb and gutter on all three streets. There will be a total of at least 7 on-street parking spaces when we are done and there will be on- site 17 spaces instead of 12. That represents an increase of 12 spaces, one shy of doubling the number of spaces that exist today and at the same time, we are reducing the number of units from 10 to 9 and we are not increasing one iota, the number of bedrooms, so we are not increasing density at all. So you got a huge benefit from a parking standpoint for what's there now and the redevelopment the rights-of-way being done totally with the applicant's money, not with any taxpayer dollars. It's organic redevelopment, the property when we are done, will be worth probably three or more than three times what is worth today and the tenants will be much better because the rents will be probably commenced with that increase in value. Today, the property is almost entirely impervious surface with this redevelopment will be reducing the amount of impervious surface,even by adding the parking,we are still reducing the impervious surface. What is there now was developed before we had a stormwater management ordinance and there is no storm or treatment taking place and we will be treating the stormwater in accordance with today's requirements. The gentlemen who were here, I apologize I thought that my representative talked to everybody but apparently that wasn't the case, but I have spoken to the gentlemen that are here and they will be presenting. They had sent a letter, which I wanted to address which I have taken time before this started to address some of the questions or concerns they had. The trash will be, 1 it's not a public pickup, because it's an apartment, the trash containers will be shared and it will be private pickup, but they will be in the storage building. They are not exterior, not going to be stored exterior, they will be rolled out onto the alley when they are picked up, but it won't be the same time that their trash is picked up on the alley. They had concerns also about lighting and we are not going to be putting any high lights or anything like that out there in the parking lot. It will be as minimal as we could make it.We are not going to be adding to any light pollution whatsoever. I think I have addressed the earlier concerns which were parking and stormwater runoff which we cannot,we are not going to runoff under their property. Now the other thing,the parking lot,there is a, you cannot see it up here,but actually I apologize, I have got larger landscape plans that I was going to handout but neglected to do so, but the parking lot is, there we go, it's a curbed parking lot and there is 7.5 feet between the curb and the property line. There will be lot of evergreen shrubs and some large canopy trees that will be planted with that and so the concerns of cars backing out and hitting the fence is not,they have to jump the curb and go through the landscaping to hit the fence, which was one of the other concerns that was expressed by the folks to the east. The parking spaces on this side, there is no parking along here, so that's that. Now these are stacked spaces. They will be rented as a part of the units, there are 6 two-bedroom units and 3 1- bedroom units. Those who need two parking spaces, they will be reserved for that particular unit. There will be coordination in people, you know, backing out and leaving won't be just random parking on the stacked spaces. Those were some of the questions that they had put in the letter which I have addressed previously. I will be happy to answer any questions, I think it's a fantastic, organic redevelopment and no taxpayer money whatsoever,taxpayers will start making money the day it's completed from what they are making today. Ms. Oliver: Any questions for Mr. Bourdon? Ms. Oliver: I have a one, so we talked about the material, the exterior material and upgrading it since we have those guidelines in that area, for hardie plank. Mr. Bourdon: And I did speak with my client based on the concern you raised this morning, and we will agree. In fact he thinks it's a better idea because of the proximity to the Ocean that it would be a cement fiberboard where it's currently described is being some vinyl, it will be cement fiberboard. Ms. Oliver: Perfect, thank you. Mr. Bourdon: Thank you. Mr. Fisher: We do also have one speaker in opposition for a group for a 34 Street condo associates with Mr. Ervin B. Oliver, Junior, come to the podium please. Could you please state your name for the record as well? Mr. Oliver: I am Ervin "Buddy" B. Oliver, Junior, and I think I am in relation with Dee. I believe I am speaking for our condo association, so I think I get 10 minutes in this regard as I think I was told that. I live at 316 34th Street unit A. My neighbors are here. James Westcott, he lives at unit B, and Bill Kausch, lives at unit C. We are townhouse style condominiums. Our property runs from 34th back to 33rd Half Street. We have been there for three years. Our property is the whole east side of the development our property adjoins. The houses that are there now were originally single-family houses that were changed into rentals through the years but have the appearance of single-family houses. So now we will have two institutional looking buildings, so 2 you can see that's quite a change, which of course would concern us. You know, how are these going to look? How they are going to be built, the traffic, so we have concerns. We, by the way, were listed in the Seapines Station design guidelines. The photo of our building was listed as a good example of what the planning commission wanted in the Seapines area. When we purchased our homes, it was under the impression that the adjoining property would eventually be like kind rather than institutional type apartment buildings,though we would rather prefer a similar or single family type homes. We welcome redevelopment that includes new sidewalks that go all the way down and curb and gutter that goes all the way down. Obviously we are concerned about institutional types of buildings, particularly since we are being told that on the other side of our street that whole side maybe sold and there is a possibility a four-story building is allowed on that side. There could be another huge institutional type building that maybe would be allowed to have fewer parking spaces. So again the concern with more cars on our street. If you are familiar with 34th Street, it does not have metered parking except just a few at Pacific. Most of the streets do not have meters and there is no decal required. So those spaces are at premium particularly in the warm months. Many folks that work in the hotels along there, tourists going to the beach all looking for parking on 34th and overflow onto Arctic. So premium parking is very much at a premium. We are told that the project will have a reduction from 10 to 9 apartments and they will have 17 parking spaces as compared to the required 18, two per unit. We're told eight spaces are stacked. My experience has been that folks don't like to put the car behind the others. It's very inconvenient and particularly if they are having to pay wouldn't that be an incentive just to try to find a parking spot around the unit. Why if it's 7, if 7 is the number that they have the right to do which would be 14 parking spaces,why not go with the 7 and have 14 non-stacked onsite parking spots rather than saying, well you know those extra spaces can be around, but those are at a premium. They will have a hard time finding those spaces,particularly if they leave to go to work. People swarm right into the spaces and they will have a hard time at all hours, not just during the normal working hours. Trash receptacles, and by the way we were not approached before this by anyone and until Mr. Bourdon approached us before the meeting, so he has answered some of these. We are glad to hear of that. We have all kinds of vision of how the trash was going to be handled, so that's nice to know that they will be under that auto port kind of thing. We have real concerns on how that stormwater is going to be handled on 33rd Half Street on the back. We're already having trouble with water puddling at the end of our garage. When there is a storm, it backs up there and so if that's not handled just right,we could have really many more issues with water, with stormwater runoff. I think he addressed the light pollution issue that I had and the letter as well concern about the bright lights, you know,the institutional building right next door. As far as the fence behind the unit,that's right there at that fence that I had visions of cars backing up, outdoor and cramp spaces out there, hitting the accelerator and the brake and going right into my fence. But I am told it's going to be with curbing, and I hope that's the case, and not just the low evergreens but higher arbor vitae types of things. That may help with the sound of slamming doors and that type of thing and block that from being hit, the fence from being hit. The final issue,and I didn't have this on the letter,those porches decks right there and in an earlier elevation they were on the right of that first building. They were moved to the left. If the setback is going to be as short as it is, I thought for apartments it was supposed to be 30 feet and I understand this is like 10 or 12 but that will be,that is right next, I can reach out and almost be able to reach out and touch them. People like to party on their decks and my bedroom is right there and so we have concerns. Why couldn't that be relocated back to the right of that first building as they had in one of the earlier elevations?That a particular concern to us. These are our full-time homes,this is my 3 retirement home, a good bit of my net worth is involved in the price of that home. So it's very important to us. We are here. I don't understand a lot about nonconformity and all that kind of thing, but I do note that this is very important to all three of us. I am not here with legal representation, but it is very important to us that you will look out for our interest as well as the developer's interest. Thank you very much. Ms. Oliver: Thank you Buddy. Mr. Bourdon: I will be brief. The issue, first of all,I had the privilege of representing Erik Homes when they redevelop the property, that these gentleman owned through the same process but they obviously didn't have 10 nonconforming legally nonconforming uses and not all of the structures were built as a single family either. But that's really in the weeds and doesn't really make any difference because they are all legally nonconforming. I will point out however that with regard to the last item which was not in the Mr. Oliver's letter, these little balcony areas, first of all they are not large at all, secondly they are not actually in front because the guidelines. Where we want to build in this area,which when Erik Zimmerman redevelop the property that they have the three condos on these guidelines didn't exist at that point in time,the building that Mr.Oliver like as the Western unit owner own is actually setback further. This deck will be, and again it is not large at all, it's really to provide a view of the down the street to the ocean. It will not be around his windows because it's actually in front. Their property setback is 5 feet from the property line,we are 10 feet back from the property line and that's where the balconies required to be as well 10 feet back, so it's double the setback that they have from their property and it's out actually in front of where their building was built because it was built before the guidelines came to exist. I would also point out across the street which I know nothing about in terms of number of units that are there,there is A-24 and A-36 zoning.Again their property zoned A-12 and that's what it has been. I mean none of the zoning here can change other than by downzoning through the process. All of the items that were listed in the letter that was provided which I received I think we more than adequately addressed. We have also agreed to meet with these three gentleman and have further discussions.The stormwater situation you all well know we cannot put any water on their property. I'm daggone sure there is water going in their property from this property today and has been for decades because there is no stormwater treatment is taking place,so we will improve that situation without any shadow. I will be happy to answer any questions. Ms. Oliver: Any questions for Mr. Bourdon? No,okay thank you. Alright,so we will close the hearing now and open it up for discussion. I do know that when they start to grade this piece of property with the spotlight on stormwater now the way it is, it will probably improve where it is pooling in the back. It's probably due to the effect that this property doesn't have that addressed on it and with it on the height as they grade it out and stuff it probably will improve with that water running away from your property more so than the way it is now,but Jeff? Mr. Hodgson: I am sitting here and I was trying to listen to the opposition and I appreciated you coming down and I think it is a very good job of laying out your concerns, so I was taking notes and I was trying to determine what reason would I have to not want to see this go through. I was struggling, I mean, I think you know you got street improvement which is going to be nice. You are going to have increased on-street parking. I think you have a good point about people not liking stacked cars so even if those four cars decided not to stack and parked on street, I think it's still an issue with about 2 or 3 more spaces on the street than you have currently. You are getting a reduction in the density of the property. I am pretty confident that this will increase all property 4 values in proximity of this site. A reduction in the impervious surface of the property. The improvement in building materials that the applicant is agreed to. I am trying to find a negative. and you know your last concern about the balcony being on your side of the property, I was trying to think could that be an issue but I think Mr. Bourdon laid out that they are actually in front more towards the street than the adjoining property? I don't take your word that they are party balconies. They are just a small little balcony with maybe a chair to it so that you can sit down and have a coffee and maybe look down the street, hopefully see the ocean if there is an ocean view from there, I am not sure. I am really struggling for negative on this and I cannot find one. So I believe I am going to support this application as it stands. Ms. Oliver: I think it's a nice improvement and I agreed with Buddy that change is always difficult, nobody likes it by any means. I think I am not sure about the balconies, I don't know we always had one when we never used one other than to check the weather and the winter that's on a north east corner so nobody is going to be out there, that's for sure. And I am with Jeff on the parking, it's just sort of unfortunately the nature of the beast down there and hopefully they will learn real quick,just because they cannot find a spot on the street when it gets to the July that they will stack those cars real fast. It is nice to know that there is more additional on-street parking and there will be a sidewalk and things like that. So, it will be nice to have but I have to support it, yes commissioner Redmond. Mr. Redmond:I move approval of the application. Ms. Oliver: Okay,right, thank you. Ms. Wilson: Mr. Redmond would you like to add a condition in regard to the cement? Mr. Redmond:Thank you for the reminder. I would like to move approval of the application; however, I would like to, do I need to add a condition or replace cement fiber board for the siding in the application, whichever you say. You are the boss. Mr. Hodgson: I still second. Mr. Fisher: By vote of 9-0, item number 5, Willis Family Partnership has been approved with the added condition. AYE 8 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYI 5 RIPLEY AYE RUCINSHI AYE THORNTON ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL LAYOUT,"dated March 20,2018, and prepared by Timmons Group, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the elevations entitled, "34th AND ARCTIC MULTIFAMILY," dated 2/14/2018, and prepared by Retnauer Baynes Associates, LLC, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. The exterior siding material above the brick skirt shall be cement fiberboard. No vinyl siding shall be installed on the exterior of the building. 3. The installation of plant material shall be, at a minimum, as depicted on the Landscape Plan entitled, "34th STREET AND ARCTIC AVE APARTMENTS, CONCEPTUAL PLANTING PLAN,"dated March 20,2018, and prepared by Timmons Group,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6 ,111111111 _....\______ .7.• - I r, '1 1 I 1Ce , I 1 I '1 ' =1 � 1 �I - r - I . i1 4.1 1�l! _ .-. 1 _ - 111fi 1 _ - -- _ e- i- I . _..._...1:---- tilii ] Ce 111'1 , _ - •" '1 5- 072j 1 __.._..._.._..__-_ mss_ Ir , i.. 1 -_....,---- ___.____---------- Ilk, 111N1 .. g4 . ,_ .. • N oon.... ,1 y 4 _i 11 1 �• _1 1 i lit 1'1 t # Ilt 1 151 1 , 1. _ �'� `` Iii lam ''� l {_��_ 5111 .11� _ s.�- .„,..,, 9= 40 CrYt...- 1 ,, fi = --.. ill M I _ II r 11 �_ - _ 043 ii` Let POI __ `— _ _ I, -I - - _ =__- t ) =�-�_ f 1 ,_.,,/ -i: 1.11 Ce GGirele- 1 ti V — w rr1'th I �,.. l , __ i 4 \ A ,1y+ 1 1 I--,--/ '1�II ` y 44 1 _ ,� 1 L y11r• L SI CO 1.'11 -� r,. , 1 k. 1 I( 1 ''11 �'I _ I r '' -1 1 ,,_r,,..---- ± 1 1 IMe I J `I i 11 , i f 'I ,- •II 1111 11, ? r;l r' —I I 1 f I I 1 is ros ti:'h� ; Cto, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: WAVES MOTEL, INC. [Applicant & Property Owner] Conditional Use Permit (Commercial Parking Lot) for the property located at 1312 Atlantic Avenue, (GPIN 2427251933), COUNCIL DISTRICT — BEACH. MEETING DATE: May 15, 2018 • Background: This subject site is the former location of the Golden Sands Hotel, which was demolished in 2016. In 2017, the property was used as a temporary commercial parking lot in accordance with Section 5.3.7 of the Oceanfront Resort District Form- Based Code. This section strictly limits temporary commercial parking lots to one year with no extensions allowed. Once the one year temporary commercial parking lot status expires, a Conditional Use Permit is required to continue operating as a commercial parking lot, and any deferred site improvements must be fulfilled. The applicant is seeking the Conditional Use Permit in order to continue operating a commercial parking lot for public use on this site. • Considerations: Although commercial parking lots are not considered the highest and best use for properties in the Oceanfront Resort District, they can be an acceptable interim use until redevelopment opportunities arise. During this interim period, however, it is imperative that full site improvements are provided in order to maintain a quality resort environment, and the recommended conditions reflect this position. Staff presented this application to both the Resort Area Commission's Transportation, Pedestrian and Parking Committee and to the Planning and Design Review Committee. The general consensus was that the lot was acceptable, but only if held to the same requirements as other commercial parking lots in the resort. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1 . The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. Waves Motel, Inc. Page 2 of 2 2. The applicant shall submit a Site Development Plan to the Planning Department/Development Services Center for review and approval and ultimate approval prior to operating the lot. 3. Any planting gaps within the existing street frontage landscaping bed shall be re- planted, and interior parking lot landscaping shall be provided as specified in Section 5A of the Site Plan Ordinance. 4. The chain link gate shall be removed and replaced with a gate conforming to the requirements of Section 23-58. The gate shall be located a minimum of 20 feet from the property line to mitigate stacking on Atlantic Avenue. 5. The chain link fence shall be removed. If replaced, the fence shall conform to the requirements of Section 23-58. 6. Replacement of the existing sign or any new signs shall be submitted to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any new signs on the property. 7. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Sec. 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 8. The applicant shall submit a detail of the gate, fencing, light fixtures, any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 9. The Conditional Use Permit is approved for five (5) years from the date of City Council approval. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Des •rt - t/Agency: Planning Department J , Brit Nk City Managerilk Applicant& Property Owner Waves Motel, Inc.AB Agenda Item Public Hearing April 11, 2018 City Council Election District Beach 6 Virginia Beach Request Conditional Use Permit (Commercial Parking pse" Lot) q -il vr,,sure c 'Co Staff Recommendation & t Approval .0,h5.0. b 0t5.et' Staff Planner 140$".‘ ts Ashby Moss i5-70 dB DNL wet" 1 j Location 70-7 dB DNL 07"`t 0'rdf et , s,r•�{Ti 1312 Atlantic Avenue i is- 714% t ' G P I N i ,,i"SQ° t le 1 2427251933 •+pi j211,5.,,e‘ Site Size ,o,s"er` 25,039 square feet t' 0,,%,.., AICUZiv,s""` Lir n"ve 65-70 dB DNL; Sub-Area 1 Watershed Atlantic Ocean Existing Land Use and Zoning District t 1 4 !=-s e A l l *, -k' of Commercial Parking Lot/OR Oceanfront Resort to , 41hyt«„t Surrounding Land Uses and Zoning Districts I- •`s•: CI ) r 1, V 0 North � ,C ” _._1,ury, 3��( • 0-it , Commercial-retail (Pier Shops)/OR Oceanfront . . - .. • ` $1 Resorts, .._L _ '► South ti Virginia Legends Walk, commercial parking lot/ bill' : OR Oceanfront Resort .4.s East ' • a. 1:. , Multi-family condominium (The Colony)/OR V Oceanfront Resort 1 - 1 ¶ :� 0. 1 West Commercial parking lot, motel /OR Oceanfront Resort Waves Motel, Inc. Agenda Item 6 Page 1 Background and Summary of Proposal • This subject site is the former location of the Golden Sands Hotel,which was demolished in 2016. • In May 2015,City Council approved a Special Exception for Alternative Compliance to redevelop the site with a predominately one-story building for retail and restaurant use. Although a portion of the building was two stories,Alternative Compliance was needed at that time because the majority of the proposed building did not meet the height or two-story requirements prescribed with the Mixed Use building type. (Since that time,the code has been revised to relax the two-story requirement.) • In 2017,the lot was operated as a temporary commercial parking lot in accordance with Section 5.3.7 of the Oceanfront Resort District Form Based Code.This section strictly limits temporary commercial parking lots to one year with no extensions allowed.The"temporary" status translates to permission to use a gravel base instead of providing a paved surface for the parking lot. Once the one-year temporary status has expired, a Conditional Use Permit is required to continue operating as a commercial parking lot,and any deferred site improvement requirements must be fulfilled. • The applicant/owner is requesting a Conditional Use Permit to continue operating as a commercial parking lot for public use, until such time as the property is fully redeveloped. • The site extends along the full block of Atlantic Avenue between 14th Street and Virginia Legends Walk,which is located where 15th Street once was.The parking lot has one point of ingress/egress located on Atlantic Avenue near the intersection with 14th Street. Demolition left some of the paved surfaces from the previous parking lots intact, and foundation slabs remain where the buildings once were. Gravel covers the remainder of the site,and pine timbers separate rows of parking. • The perimeter of the site along the street frontage already contains a continuous evergreen hedge and established trees planted within the right-of-way several years ago.When planted, street frontage landscaping in the RT Districts can be reduced to a five foot bed instead of the standard 10 foot bed that is currently required in the OR District. Since the street frontage landscaping is already established within a minimum five foot bed, a wider bed conforming to the current standards is not necessary for this use.Since street frontage landscaping is measured from the back of the sidewalk,the existing plantings meet perimeter landscape requirements. Although there are currently no interior planting islands,these will be required to be depicted on the site plan and ultimately installed on site in accordance with Section 5A of the Site Plan Ordinance. • The northern boundary of the site along 14th Street contains a chain link fence greater than four feet in height and in poor condition.The gated entrance is also chain link.A yellow wood-framed shed located near the entrance serves as the attendant's hut.A freestanding sign in accordance with the sign requirements of Section 23-58 is located at the corner of the site. Waves Motel, Inc. Agenda Item 6 Page 2 t Zoning History -- l OR , # Request f 1 ALT Approved 5/19/2015 .r +' e 0 2 CUP(Outdoor Recreation)Approved 4/11/2000 tirl gl 2 MOD Approved 8/14/2001 r-\\!W)41 :\ .; 2 STC Approved 4/24/2001 • .1' 3 CUP(Outdoor Recreation)Approved 5/26/1992 4 CUP(Religious Use)Approved 11/09/2004 o , } OR f OR \\1,� Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation This Conditional Use Permit request for a Commercial Parking Lot is acceptable with the recommended conditions below. Although commercial parking lots are not considered the highest and best use for properties in the Oceanfront Resort District,they can be acceptable as an interim use until the property can be redeveloped. During this interim period, however, it is imperative that full site improvements are provided in order to maintain a quality resort environment. Even though property owners and developers sincerely believe they will proceed with redevelopment plans after the next season, working out the redevelopment details inevitably take longer than anticipated,often by several years. Sections 23-58 and 23-59 of the City Code were adopted in 1989 and amended in 2001 in order to standardize and improve the operation and condition of commercial parking lots and off-site parking lots throughout the resort area. Paving, curbing, landscape screening, and signage regulations included in these sections address the site's overall appearance,while mandatory closing times, gated entries, and attendants provide for a more secure operation. As an interim use, a five year time limit is recommended in order to control the prevalence of these lots in the future. Staff presented this application to the Resort Area Commission's Transportation, Pedestrian and Parking Committee (RAC TPPC) on March 29, 2018 and to the Planning and Design Review Committee (RAC PDRC)on April 3, 2018. The general consensus from RAC TPPC was that the lot was acceptable only if held to the same requirements as other commercial parking lots in the resort. RAC PDRC requested the opportunity to review and comment on the site plan, signs, and any other improvements when submitted to the Planning Department. Based on these considerations, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. Waves Motel, Inc. Agenda Item 6 Page 3 2. The applicant shall submit a Site Development Plan to the Planning Department/Development Services Center for review and approval and ultimate approval prior to operating the lot. 3. Any planting gaps within the existing street frontage landscaping bed shall be re-planted,and interior parking lot landscaping shall be provided as specified in Section 5A of the Site Plan Ordinance. 4. The chain link gate shall be removed and replaced with a gate conforming to the requirements of Section 23-58. The gate shall be located a minimum of 20 feet from the property line to mitigate stacking on Atlantic Avenue. 5. The chain link fence shall be removed. If replaced,the fence shall conform to the requirements of Section 23-58. 6. Replacement of the existing sign or any new signs shall be submitted to the Planning Department,Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any new signs on the property. 7. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Sec. 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 8. The applicant shall submit a detail of the gate,fencing, light fixtures,any other structures proposed to the Planning Department,Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 9. The Conditional Use Permit is approved for five(5)years from the date of City Council approval. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP),adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District.The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center,strengthen neighborhoods and increase economic growth.The RASAP also calls for a district parking strategy with centralized and shared parking to alleviate growing traffic demand, reduce surface parking, and concentrate traffic flow. Natural and Cultural Resource Impacts There are no natural resources or cultural features associated with the site. Traffic Impacts Waves Motel, Inc. Agenda Item 6 Page 4 Street Name Present Volume Present Capacity Generated Traffic Atlantic Avenue 7,375 ADT1 6,200 ADT Level of Service"C" n/a 9,900 ADT Level of Service"D" lAverage Daily Trips 2 There is no ITE Trip Generation data for a commercial parking lot,as the parking lot itself does not generate trips. Trips are generated by the nearby land uses,and are concentrated at the parking lot. Therefore,trip generation has not been calculated for this application. Atlantic Avenue in the vicinity of this application is considered a two-lane undivided collector roadway with trolley lanes in each direction. The Master Transportation Plan proposes a four-lane facility within a 145 foot right-of-way. There are no roadway Capital Improvement Program projects slated for this area. Currently,this segment of roadway is functioning near capacity during the summer months at a Level of Service D. Waves Motel, Inc. Agenda Item 6 Page 5 Survey/E&S Plan !�I R qiik I 4a 13TH ' c• cRn i w fC E Q p6•=•x' iii: t E `t 1 \\ ---- -r = tA `gx I \_ ip 1 1 4.12 F •i 1 aE o _ '�`?r 1 _s_.___ A i SEt 1 3i / ' 1 1 i$ K .x65 1x N 8 ':71! ti 1" 1 ii ' i - `N '• \k I ) g1 a _ ti i n. 'lis iia € s E -- � _ a E 11 i> .h g: • ...ern .....i l'' )1 -1 ,• i � � 1f4 E 1 ...__... 11 fir•.._._0 _ i .. z 1/I N u$Z ym i. AA IRi ii IQ V L'-' 4...I Z I a pp - 1 . 7C -. _ CYp I I I y w t 1 4xY > I : R 't' *6'66 € c L— M u ■ L-__' . ►(e). .o0tAlb mitt LTIPIP7r'a < z z 1 . .� V .. I • 11Ili i ;;w...U.. ' ,,,,,,.. 1.•V14 I §1 :1401S \,. 1 0 Waves Motel, Inc. Agenda Item 6 Page 6 Site Photos �, X Y K . N lt. - k; • r' r 3r t ; • `� - -. -j. �` . egg ' (A) ; o- '. }" f z�' - > MIN • • I- .it s a+ A. .. � • • x 4 ^AP rte•_` ;.-- Fs <f s * �3{i..sry - 'i L1 F ., n • 1,:: .qat.';',71.: '.1„ • ,i I // Waves Motel, Inc. Agenda Item 6 Page 7 r -._ a�Ya ''PEN 11k r1 ____=___., — --- - _ _ —.. s _ f1 f/ / . _ [ - - . ". - <� J • `t ' �' T T T ` ' r'• -: 1 TT iii 1 � • TT , 1 1 3- 1 1 , 7.e , L 1 N -! ,5 • 4. \ .-5...,./,..", < '. rV 4 Wit!► .1 ..:a ,. is ''', - - ._ .= . . Waves Motel, Inc. Agenda Item 6 Page 8 6 7•irCii6'--- t 0.-4101*&.AL.. 4 111),,, I. *4164416. #404\ e 4. 11, 4 ik*-.''..,-,.,:-.-k , ,,..+r, 1""71 ..:: ^ �"\ . lir 10., _s ...o. A . ( .,n d4.4.4.4.-...#4,te...,,,f_ �4.4. , , A..41., ,,t,, Nip,k:,4 A, 4 (... f\ .. . 4-r -iv -- -.- -- - .--/,, `i� ��! s•._. ice` �AP''* 414W7 .'4,010111114 Fliiii''' , -per _ � � �g •- lkAe ' Of 41 t ' ... ; / A .,,,,iii , le- , • f / r it 1. SY /- . j r F �. � F f 1 ' - {, _so ,0 iA I F N w 5 ,F fi a :' '-_ 0- li'l 1 , 1 ',,.�. j , - ti4. b f rT ,•,eI L' - 4-:� 1Y 1. M ;- - ♦,q_• .w r f i ;. 144. .M • t= e r tI- . L: • • Waves Motel, Inc. Agenda Item 6 Page 9 Disclosure Statement Nif3 ninia beech APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board. commission, or other body appointed by thr city Council Such appikations and matters include, but are not limited to. the following: Acquisition of Property Disposition of City i Modification of Cuy i'rcpetty Conditions or Proffers ANernative Economic Dev.lopmem bw Compliance~Vidal Investment Program Alonconformi Use Vidal Exceplio for SW" Changes Board of Zoning Encroachment Request Rezoning . mssamageemalwwwwwwwel Certificate of 'Floodplain Variance Appropriateness Sheet Closure _Atisloric Rei lett Board) Franchise Agreement Cvesapealke Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit license Agreement Wetlands Board 4 1 The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE 1044 4 44 4snt 144411 ._. �... _._ ,..€�«...:g: P1gr 1 of 7 41641-4..AN' r lila 0+ CINIP 4.44. s+et :r►A1txi 4 b ft Ashby MosCAS- fel s YRIC]ofS 4SAIYin S! Waves Motel, Inc. Agenda Item 6 Page 10 Disclosure Statement ‘9rginiii Rt Act' Check here if the APPLICANT 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. g Check here It the APPLICANT /S a corporation, partnership, firm, bustne°,s. or other unincorporated organization. (A) List the Applicant's 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) it41U0a146Mt0a) 5$2N10441)\*61 itArAil (1)14) cAtkkk kt40144A,\WLASOlk(9) (B) List the businesses that have a parent subsidiary 1 or affiliated business entity 1 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes i and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only*property owner is different from Applicant. 7 Check here If the PROPERTY OWNER 15 NOT a corporation, partnership,firm. business,or other unincorporated organization. Check here if the PROPERTY OWNER 1S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) Ust the Property Owner's name: If an LLC, list the member's names: Paget to Waves Motel, Inc. Agenda Item 6 Page 11 Disclosure Statement VirKinia 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 relationship with the Property Owner- (Attach list if necessary) 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code 9 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. hi)a controlling owner in one entity is also a controlling owner in the other entity,or 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 o' 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 dose working relationship between the entities' See State and Local Government Conflict of Interests Act Va.Codes 2.2.3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the ;implication 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 Waves Motel, Inc. Agenda Item 6 Page 12 Disclosure Statement NAN:3 APPLICANT v.Itonia Bea:h [YES — s_ ,�,. �a._ needed)LN9 I .vr SERVICE 1 PROVIDER tune additionalsheets N I ❑ ® Accounting' and/or preparer of 1 k.L r 044, your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® theAopllcant) - identify purchaser and purchaser's service providers My other pending or proposed ❑ ® ` purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O ® Construction Contractors ❑ m Engineers/Surveyors/Agents mm Financing (include current ❑ ED mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ % Legal Services Real Estate Brokers O ® Agents/Realtors for current and anticipated future sales of the sub'ect •r a.ert • C SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ NI 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 Waves Motel, Inc. Agenda Item 6 Page 13 Disclosure Statement \133 Virginia Beach CERTIFICATION: II certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application, n _ - ,,,_�t4Sl(tieN\ `5t1NPA2S. (►fqota 1P GYNtlltr PRINT NAME DATE Page 5c.f7 Waves Motel, Inc. Agenda Item 6 Page 14 Item#6 Waves Motel, Inc. Conditional Use Permit (Commercial Parking Lot) 1312 Atlantic Avenue District—Beach April 11, 2018 CONSENT Mr. Hodgson: Thank you Ms. Standing Chairman, this afternoon we have three items on the consent agenda, the first matter is agenda item number 6, which is an application of Waves Motel Inc. for a conditional use permit, commercial parking lot on property located at 1312 Atlantic Avenue which is in the Beach district, is a representative here for this application? You please come forward. Could you state your name for the record please? Ms. Savvides:Antigoni Savvides. Ms.Anoia: Hi, Helen Anoia. Mr. Hodgson: Have you seen the conditions and they are acceptable? Ms. Savvides: We have some questions. Ms. Anoia: Not so much questions, but we don't oppose your recommendations for us making our property into a parking lot; however, our intention is not to be a parking lot and we would like to develop our property accordingly, so under developing it and that's why we are asking for this conditional use permit for this season only. Mr. Hodgson: Okay, you are okay with the conditions as stated in the staff report? Ms. Anoia: We understand what they are and we are not opposed to that but that would lock us into being a parking lot, we don't want to continue for the next few years as a parking lot because property will be under developed. Mr. Hodgson: I believe we are going to have to pull off the consent and hear this. Ms. Anoia: Do we have the city staff that will be viewing that, maybe we are not understanding. Ms. Hodgson: Right now, you have been put on the consent agenda as if you're in agreement with all the terms that are listed. Ms. Anoia: Yeah, yeah, we do, I am sorry that is true, we do understand and we do agree to, we don't oppose those recommendations. Mr. Hodgson: Okay. Ms. Anoia: Okay, good. Alright, thank you. 1 Mr. Hodgson: Alright. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the chairman has requested that Mr. Ron Ripley please review this application. Mr. Ripley: This application is an application for commercial parking lot and it was used last year as a parking lot and under the zoning ordinance, it can only be used for one year before it needs a conditional use permit and that's why this is occurring. I don't think the applicant is tied into this just being a parking lot forever. I think they have every right under the sun that's in the ordinance to proceed to develop the property at a later date at their desire, so I don't think that will be a problem to the applicant, but it used to be occupied about the Sands, the Golden Sands Hotel which was demolished in 2016, I would like to said. It was used as a parking lot last year, so here we are addressing as a commercial parking lot and it meets most all of the requirements, if not most, all of them right now with the landscaping, there is a fence that has to be removed, it's paved, depending on how much that can be modified, that's something I think the city will try to work with the applicant on but there are 9 conditions and the applicant accepted these conditions at this point and so the Planning Commission felt it should be on consent and is recommended for approval by the staff, so that's why we put it on the consent. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section 23-58 of the City Code. 2 2. The applicant shall submit a Site Development Plan to the Planning Department/Development Services Center for review and approval and ultimate approval prior to operating the lot. 3. Any planting gaps within the existing street frontage landscaping bed shall be re-planted, and interior parking lot landscaping shall be provided as specified in Section 5A of the Site Plan Ordinance. 4. The chain link gate shall be removed and replaced with a gate conforming to the requirements of Section 23-58. The gate shall be located a minimum of 20 feet from the property line to mitigate stacking on Atlantic Avenue. 5. The chain link fence shall be removed. If replaced, the fence shall conform to the requirements of Section 23-58. 6. Replacement of the existing sign or any new signs shall be submitted to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any new signs on the property. 7. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Sec. 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 8. The applicant shall submit a detail of the gate, fencing, light fixtures, any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 9. The Conditional Use Permit is approved for five(5) years from the date of City Council approval. 3 mil 4.:....A ..'. / -,' --- e itj U / /17 CIN> j.,/ :--- 1-1."--,„7 4, il / C) -...., Jr `7'-_____14:9)-0.74u_,.... -j. • , , ' '''''' ,-,' r , f# is -1 --1� `t tin Ce t -mitis }J� f --.P.-,... Iii. 1 L-.11 4,--u jj)- I , (74: =7 1-.L1 fe`• 1 C7 _ r°F id i In (1,). P 114---5/ „,.... ----- - e., .1 • O f f '``^f f rf t J'`f n. �r,' # ! C_If 4---4„,..-'''''.7 L---11 C) 1 3%. . . / 4. -,./ *---,I CI i k--.1 i ti ' r� jr``� 4,-.2 4...rj, r ^"- r -X. • 4114. i 10 . ' /11 ez ._----- -. -- i . -) 111.---- -,- , ..., r Jr J 1 r ,isaim ���f...H`, u l -..e i Z) 1 fsi I sy .-,:„,:„.1,;:,..? CITY CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JONES AT 1888, LLC [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 1888 Virginia Beach Boulevard (GPINs 2407468483, 2407469603), COUNCIL DISTRICT — BEACH. MEETING DATE: May 15, 2018 • Background: The site is comprised of two parcels totaling 1 .40 acres within the Greater than 75 Noise Zone and Accident Potential Zone 1 (APZ-1) that were acquired by the City as part of the APZ-1 acquisition program. The applicant proposes to purchase the site from the City of Virginia and develop the property with an office warehouse and storage yard for a cement and asphalt paving company. A Conditional Use Permit is required for the proposed 26,656 square-foot Bulk Storage Yard. • Considerations: This parcel has been marketed by the Department of Economic Development for the last few years; however, due to its location within the APZ-1 and the Greater than 75 noise zone, and its close proximity to existing residential uses, finding a compatible use has been difficult. Along with the new office warehouse building that can be constructed by right, the submitted concept plan depicts a 20-foot wide buffer with a double row of evergreen trees to be planted adjacent to the existing residential. This buffer exceeds the minimum requirements of the Zoning Ordinance. A deviation is requested to the required Category VI screening (a solid six foot privacy fence and evergreen shrubs) along the eastern property line, as the site is adjacent to other commercial and light industrial uses. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Opposition was present at the Planning Commission public hearing. The one speaker noted concerns with the inadequate width of Maxey Drive and with vehicles parked in the street by employees and customers of adjacent businesses. As a result of the concerns raised, Planning Commission added Condition 15 which restricts on-street parking by the owners and employees of the business proposed on this site. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. Jones at 1888, LLC Page 2 of 3 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CONDITIONAL USE PLAN FOR 1888 VIRGINIA BEACH BLVD PARCEL 9, 10, 32, 33, & 34 VIRGINIA BEACH, VIRGINIA", prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, shall be in substantial conformity with the renderings entitled, "Southampton Roads Construction Corp Building Conceptual View 1, 2, 3, & 4," prepared by Finley Design Architecture and Interiors, dated March 22, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, other than the specific deviation described above in the Staff report with regard to the Category VI screening, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 5. All light fixtures on the site shall be no taller than 14 feet in height. 6. All light fixtures shall be shielded away from the adjacent residential uses to the north of the site. 7. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. All lighting fixtures within 100 feet of the residential properties to the north shall be dimmed to 50% the lumen output after 7:00 p.m. 8. There shall be no mixing of any materials, such as but not limited to, concrete or asphalt, in the Bulk Storage Yard. 9. Commercial truck traffic to and from the site shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. Jones at 1888, LLC Page 3 of 3 10.The Bulk Storage Yard shall be closed and no activity including loading or offloading may occur in the bulk storage area between the hours of 7:00 p.m. and 7:00 a.m. daily. 11.All materials within the Bulk Storage Yard may be stacked no taller than six feet in height. 12.The onsite dumpster shall only be permitted to be picked up between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. 13.Except for necessary ingress and egress of vehicles, the gates to the bulk storage area shall remain closed. 14.All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 15.No on-street parking within the right-of-way shall be permitted by the owners or employees of this property. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme• Agency: Planning Department City Manager: \BApplicant Jones At 1888, LLC Agenda Item Property Owner City of Virginia Beach -- Public Hearing April 11, 2018 7 City Council Election District Beach Virginia Beach Request (- Conditional Use Permit(Bulk Storage Yard) ' 4", a # ,,..--°'a jr Staff Recommendation L - % r� Lnp .,.onrr Approval S. 1 „. �,..�'° a �`"4/. 7` I 1 I \ \ \ % Staff Planner f a ,i yg L'•:L ta Jimmy McNamara ,w _+° F.�Brach4ir,,,,, A L1 Location .,..----" 1888 Virginia Beach Boulevard 4 4-11 G,��^,,,,,,- GPINs - - } 2407468483, 2407469603t 3 HR.�� Site Size 1.40 acres AICUZ Greater than 75 dB DNL;APZ 1 Watershed Chesapeake Bay Existing Land Use and Zoning District at. �'•y4 + �; LI - ,# Vacant/B-2 Community Business �_ ,y Mee a d', „J'yr . 'r t Surrounding Land Uses and Zoning Districts ` ,' + :— - North - -" Multi-family / A-18 Apartment r, f •- ,r South C ;T �j i Virginia Beach Boulevard " +0 s• + • a , �_ � Mini-warehouses /B-2 Community Business +., ,, v _ .t. East ' Auto repair / B-2 Community Business, - 'e iuwe va _}~-a.:x3;-4.,F Conditional I-1 Light Industrial di - ', aii1N .+ £ r West hi I } --,� . s'y Maxe Drive 1 '' 1E4"h'�t,�� �a .. r. Y Mixed retail, office warehouse, auto repair, bulk storage yard / B-2 Community Business Jones at 1888, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • The subject site is composed of two parcels totaling 1.40 acres located within the Greater than 75 Noise Zone and the Accident Potential Zone 1 (APZ-1). The site was acquired as part of the City's APZ-1 program to prevent further development of incompatible uses in the area surrounding NAS Oceana. Consistent with the zoning on the majority of the property, in 2012, the City Council approved a rezoning on the northernmost portion of this site (approximately half an acre)from A-12 Apartment District to B-2 Community Business District, and a Conditional Use Permit for Motor Vehicle Sales and Service on the entire 1.40-acre site. However, the contract with the City to purchase the site and ultimately operate the auto sales and service business never came to fruition. • Recently, the City of Virginia Beach entered into a contract with this applicant to develop the site with an office warehouse and storage yard for a cement and asphalt paving company. The 10,640 square-foot building will include a 2,800 square-foot shop and associated storage, a 2,800 square-foot office and a 5,040 square-foot warehouse. In addition, a 26,656 square-foot gravel bulk storage area is proposed behind the building on the northern portion of the site. As such, a Conditional Use Permit for a Bulk Storage Yard is requested. • The gravel Bulk Storage Yard will be used to store construction equipment and materials. Category VI screening is required to surround the yard. A deviation to this Zoning Ordinance requirement is requested along the eastern portion of the storage yard, as no plant material is outside of the fence. The adjacent properties are zoned B-2 Community Business and I-1 Light Industrial Districts. The storage yard will be enclosed with a masonry wall with plants along Maxey Drive and a solid, six-foot high, wood privacy fence along all other sides. • A double row of evergreen trees is proposed along the northern property line within a 15-foot landscape buffer adjacent to the A-18 Apartment District to the north, thereby exceeding the planting requirement. • One ingress/egress directly into the storage yard is proposed along Maxey Drive. Access interior to the site is along proposed. The gates will remain closed, except for times of necessary ingress/egress. • The exterior building materials for the front portion of the building, which will contain the office and shop, feature a glass front with EIFS and brick. The exterior building material for the rear of the building, which will contain the warehouse, will be a mix of brick and vertical metal panels. • The required streetscape, parking lot interior and foundation landscaping are all depicted on the site layout, and will be reviewed in more detail during the final site plan review. Jones at 1888, LLC Agenda Item 7 Page 2 1 -18 a-,a a`12 Zoning History • � , 7 - - r # Request 1 CRZ(A-12 to Conditional B-2)Approved 11/13/2012 BA- 2 ' CUP(Motor Vehicle Sales&Service)Approved 6 B-2 : i .1-16 3 4 1 11/13/2012 i 2 CRZ(B-2 to Conditional 11)Approved 03/14/2006 ,s 3 CUP(Automobile Repair Garage)Approved 02/22/2000 _ 6--_ E . 4 CUP(Bulk Storage)Approved 08/25/2009 . __ . _________ _ __ _ ______ _ v..............,,, __ ___ 5 CUP(Mini-warehouse)Approved 10/09/2001 2 6 CUP(Motor Vehicle Sales)Approved 10/08/1996 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 Evaluation and Recommendation This City owned parcel has been marketed to numerous uses over the years. Due to its location within the APZ-1 and the Greater than 75 noise zone, and its close proximity to existing residential uses, finding a compatible use has been difficult. The proposed construction service building is both a by-right use, and is compatible with the AICUZ regulations set forth in Section 1800 of the Zoning Ordinance. Although the Bulk Storage Yard is compatible with the AICUZ regulations, it does require a Conditional Use Permit. At the request of Staff,the applicant has revised the initial submittal in order to provide additional plant material along the property line adjacent to the residential uses to the north. The concept plan depicts a double row of evergreen trees along the rear of the property to assist in screening this use. In addition, a condition has been recommended limiting the hours of operation for truck traffic to between 7:00 a.m. to 7:00 p.m., Monday through Friday. When a formal site plan is submitted for review, right-of-way improvements including curb and gutter, sidewalks and a 10-foot dedication along Maxey Drive will be required. Traffic Engineering has noted that additional comments regarding the right-of-way improvements, entrances and other site development features will be forthcoming in more detail during the formal site plan review process. Also, if approved by the City Council, the applicant is aware of the need to obtain a waiver from the Building Official's Office for the installation of the gravel, rather than the required asphalt or concrete. Given that there are other similar light industrial uses in close proximity to the site, such as motor vehicle repair, storage yards and mini-warehouses; the compatibility with the AICUZ;the increased plant material adjacent to the residences; and the implementation of the recommended conditions below, Staff recommends approval. Jones at 1888, LLC Agenda Item 7 Page 3 Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CONDITIONAL USE PLAN FOR 1888 VIRGINIA BEACH BLVD PARCEL 9, 10, 32, 33, &34 VIRGINIA BEACH, VIRGINIA", prepared by Gaddy Engineering Services, LLC,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, shall be in substantial conformity with the renderings entitled, "Southampton Roads Construction Corp Building Conceptual View 1, 2, 3, &4," prepared by Finley Design Architecture and Interiors, dated March 22, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, other than the specific deviation described above in the Staff report with regard to the Category VI screening, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 5. All light fixtures on the site shall be no taller than 14 feet in height. 6. All light fixtures shall be shielded away from the adjacent residential uses to the north of the site. 7. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. All lighting fixtures within 100 feet of the residential properties to the north shall be dimmed to 50%the lumen output after 7:00 p.m. 8. There shall be no mixing of any materials, such as but not limited to, concrete or asphalt, in the Bulk Storage Yard. 9. Commercial truck traffic to and from the site shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. 10. The Bulk Storage Yard shall be closed and no activity including loading or offloading may occur in the bulk storage area between the hours of 7:00 p.m. and 7:00 a.m. daily. 11. All materials within the Bulk Storage Yard may be stacked no taller than six feet in height. 12. The onsite dumpster shall only be permitted to be picked up between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. 13. Except for necessary ingress and egress of vehicles, the gates to the bulk storage area shall remain closed. 14. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. Jones at 1888, LLC Agenda Item 7 Page 4 15. No on-street parking within the right-of-way shall be permitted by the owners, or employees of this property. 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. Comprehensive Plan Recommendations This site is located in the Hilltop Strategic Growth Area (SGA), as identified by the Comprehensive Plan. The vision for the Hilltop SGA is a pedestrian friendly retail destination within close proximity to the oceanfront with improved streets, crosswalks, landscaping and lighting. The Comprehensive Plan's Special Area Development Guidelines for Urban Areas provides recommendations for site design. Natural and Cultural Resources Impacts There are no known significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 30,570 ADT 1 22,800 ADT 1(LOS 4"D") Existing Land Use Z-660 ADT 27,400 ADT 1 LOS 4"E") ) Proposed Land Use 3-No Data Maxey Drive No Data Available 9,900 ADT 1(LOS°"D") Available 11,100 ADT 1(LOS 4"E") lAverage Daily Trips zas defined by 1.2 acres of 3 as defined by a contractor's office, 4 LOS=Level of Service B-2 zoned property shop and bulk storage ya rd Master Transportation Plan(MTP) and Capital Improvement Program(CIP) There is no Institute of Transportation Engineers (ITE)Trip Generation data for a contractor's office,shop and bulk storage yard, and therefore Traffic Engineering cannot provide a reliable estimate of the trips generated by the proposed use. However, the proposed uses of this site should have no significant impact on Virginia Beach Boulevard, Maxey Drive or the City's transportation network. Public Utility Impacts Water&Sewer The site is currently connected to City water and sewer. 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. Jones at 1888, LLC Agenda Item 7 Page 5 Proposed Site Layout T IMrICR CVIERRIt Lt.11.1.1.(TM 2 Ai 04&000.0.040,00,4. , IIF a 1100501101100.10,101t 1 I I 0 I Sri-ASCOT otgi. , BULK STORAGE/ LILO SIR.LOTEE PARIONG Z13.408 SF uT'Cra'r: 1111% CORtt. M..., N . „re ---- - -- mr Ci mg 0 ci E,RGRED,,Ei 0 0 0, I 0 VA SPOT WALL I0 41 ,k 4 I I - III 4 ri '',—A t.4-,•, r 0 410, Mit : E 1 '0:1 HIGH RAT . 1'r ,...,T' t !r ,, .c :: . 1 lir 1 : . !II .. N WARS,,,,EHOsUFSE .-.; 3I‘ 0 0 I ISO FLOOR 8,40P I I r,.-4.' ....}4 STORAGE 2,100 SF ...FRC.. Cr • S.M. 1 All.; ND FLOOR „. EAT.N. III E Ok AVIL 1111101 ........,. .... 1 ;!.3,1 ...,6 1! 12 111 1 7 NN 1 I t i ' likr, AIL_1 x7 worn 57nvicot 41"4-T—\‘_ .Z.4 • 11 ISIORAISITRI al 1...,!_l_. et .VAIFIT So. t-..(1011 ' zit.,..W 71.00' TREE 0,1 14RG/NIA BEACH BLVD Jones at 1888, LLC Agenda Item 7 Page 6 Proposed Renderings F�� SOUTH AMPTOo ROADS 0 : , ',WIC- ''-:' ht.- of% I 1. I , {` VM d rr 4 1 I - — y t y t. s,A , ,J ), , 1- ,- *.'h , 1' • . Southampton Roads Construction Corp Building FINLEY D E S I G N RCNI IMri RORS Virginia Beach.VA March 22.2018 Conceptual View 1 parker burnell -4411 CoNTRIIanoN IIPIN crop rill:L.1:111.111L-i p.• .. -L• , z, - - :_ , _ i .P. l it, f Southampton Roads Construction Corp Building irk FINLEY D E S c, Virginia Beach.VA March 22.2018 Conceptual View 2 parker burnell Jones at 1888, LLC Agenda Item 7 Page 7 Proposed Renderings 4010111111101* �p ROA P CONSTRUCTIDN G � I I ' -.' ''"i , =: y' -4F -- l'2'4 . 5 Southampton Roads Construction Corp Building FI CNN I TL[ETYYR[D u..,..2.% Virginia Beach.VA March 22.2018 Conceptual View 3 parker Burnell r . ,, jiff 141 i,''',--, Iis IL - i"4 J I r ) i.,‘ „., snr " [n"�I'".4 as , - _ :.. Southampton Roads Construction Corp Building aF I N L E Y D E S I G N Virginia Beach,VA March 22.2018 Conceptual View 4 parker burnell Jones at 1888, LLC Agenda Item 7 Page 8 Site Photos "1"/*• ' AC t --i .. ., '+r �_ r _ _ rm a �n.. _.. .- .� �_ rte• �e a -t I\ • F e_ � - i`"-. - ¢ � y�i �` -t.:,.._0-----,7:--,• .„4„..,;._y4STar 1 s Jones at 1888, LLC Agenda Item 7 Page 9 Disclosure Statement } i, ini.I lig,;,h APPLICANT'S NAME Jones at 1888, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes - Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board 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 I Ou.C n v u4I ONI Y _ - .. Page 1 of 7 0 AM If A,N1 NOI II II U L Ill AI(INi ❑ NI()(HAN,I',AN )H.-1 ,g Jimmy McNamara REV SirTr- Jones at 1888, LLC Agenda Item 7 Page 10 Disclosure Statement 1/33 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Jones at 1888, LLC W_ If an LLC, list all member's names Laura Jones, Robert Jones If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: City of Virginia Beach If an LLC,list the member's names: — - Page 2 of 7 Jones at 1888, LLC Agenda Item 7 Page 11 Disclosure Statement 'NB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(I) one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 ♦ .. ---°" d SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoalication 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 Jones at 1888, LLC Agenda Item 7 Page 12 Disclosure Statement APPLICANT Beach YES [—NO SERVICE r PROVIDER fuse additional sheets If � FlAccounting and/or preparer of your tax return U n Architect/Landscape Architect/ Finley Design I I Land Planner Contract Purchaser(if other than ri47 the Applicant)-identify purchaser and purchaser's service providers _ Any other pending or proposed '� I�I x purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) X n Construction Contractors Southampton Roads Construction Cor X 0 Engineers/Surveyors/Agents Gaddy Engineering Services Financing(include current 11mortgage holders and lenders selected or being considered to Townebank provide financing for acquisition or construction of the property) Legal Services &�tl � i t Real Estate Brokers/ Parker-8umell (nl Li Agents/Realtors for current and anticipated future sales of the _subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have nu 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 Jones at 1888, LLC Agenda Item 7 Page 13 Disclosure Statement 71/4/3 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. - '! {fort .� Nth _1 lei 3 i " 4r ' -'S SIGNATURE PRINT NAME DATE • c'acic 5 c.r 7 Jones at 1888, LLC Agenda Item 7 Page 14 Disclosure Statement II/3 OWNER Virginia Beach FES] [NO 1 . SERVICE J j PROVIDER(use additional sheets if needed)---_. ❑ E Accounting and/or preparer of your tax return ❑ i Architect/Landscape Architect/ I Land Planner El � Contract Purchaser(if other than . the Applicant)-identify purchaser and purchaser's service providers A• ny other pending or proposed I ❑ [' purchaser of the subject property "� (identify purchaser(s)and 21/ I purchaser's service providers) C• onstruction Contractors ❑ Z ,Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) D 1/ Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property a— ---- SECTION — ,.-SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESO Does an official or employee of the City of Virginia Beach have 217,-14 nI an interest in the subject land or any proposed development contingent on the subject public action? 1 If yes,what is the name of the official or employee and what is the nature of the interest? 17 - r e> p I.'t" 1 J U w‘riY A LT t 1,e, ( I i/ of- V,0, r)ici F, u,l; i, Page 6 of 7 Jones at 1888, LLC Agenda Item 7 Page 15 Disclosure Statement Virginia Beach !CERTIFICATION: {I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been; scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA' meeting, or meeting of any public body or committee in connection with this ApOft-alio n. PROPERTY OWNERS SIGN PRINT NAME DATE Pao, 7(J 7 Jones at 1888, LLC Agenda Item 7 Page 16 Item#7 Jones at 1888, LLC [Applicant] Conditional Use Permit(Bulk Storage Yard) 1888 Virginia Beach Blvd District—Beach April 11, 2018 APPROVED Mr. Garrington: Thank you ladies and gentleman and the Planning Commission. For the record again Billy Garrington on behalf of the applicant Jones At 1888 LLC. I appreciate you putting this one on consent and I promise I did not pull this [Laughs]. There is a speaker on this, I just want to first of I want to thank Jimmy McNamara and Carolyn Smith for their help on this. They have given us an unusual amount of their time. We have gone back and forth on this application, trying to come up with something that's good for the neighborhood as a whole, especially when it comes to the buffering and the landscaping on this project. We think we have that. We think we have a very attractive building, that's going to go on this piece of property. We are in total agreement with the conditions that Staff has put on this and again, we thank you for trying to putting on consent and we defer to the opposition if you don't mind. Ms. Oliver: Thank you Mr. Garrington. Mr. Fisher: Mr. Garfield Summers, please come to the podium and if you could say your name for the record as well. Mr. Summers: Good evening commissioners. My name is Garfield Summers. I am the owner of the Maxey Association. Ms. Oliver: Excuse me sir, could you pull the mike up a little bit, I am having trouble hearing you? Mr. Summers: Yes, I am sorry. Ms. Oliver: Thank you. Ms. Summers: My name is Garfield Summers, I am an owner of the associates Maxey Association. As I took observation of this property, I have problem with this property because on one side of the property, you have auto people and on other side you have an impound on this side adjacent to the property and the street is too small, only one at a time get up the street. Okay you have come down to street right here, you got a lot of auto section right here on the street, it's always blocking in the street when you pull out, and you have an escort company in this building right here as he pull out, always blocking this street right here so when a school bus come in the morning and evening, sometimes they have to wait until they get out of the way to pick up the kids because lot of kids come from school, I live in association right here. We come out and only one car at a time can come down to street because it is so small and narrow. So therefore, we put this,both situation right here has been more problematic for us to get down the street. Ms. Oliver: You got a question? 1 Mr. Hodgson: No, I would just like to, I have used the Mechanic on Maxey drive before and he is correct that's a very narrow lane going out through there and I don't think there was any, there is no widening of that road happening with this application. Ms. Rucinski: There is no entrance or exit of this bulk storage on to Maxey, [Crosstalk]. It is right about where that [Crosstalk]. I thought it was on the Boulevard, my apologies. Ms. Oliver: So the problem that you are having it's not with that piece of property and I don't know that the new development would really cause a problem because they will be contained within that property as much as you are having the difficulty with the property across the street correct. Mr. Summers: [Inaudible] could be more problems here because, it's going to block everything right in the street, it can block everything up. Ms. Oliver: Right, but my question to you Mr. Summers is currently right now, it's that automobile business across that street at this moment. Mr. Summers: Yes, you got auto mobile, you got the escort people, you got impound company right here. Ms. Oliver: They are the ones right now that are causing obviously because there is nothing there. Mr. Summers: The street is too small, it's narrow. So if you put this situation right here, this storage space right here, it will be more problematic to even come out, you know big vehicles, it would be more problematic because school bus guy keep on complaining that we come down to pick the kids up, sometime they come out, he got to wait and [Inaudible] [01:33:06] in the morning and in the evening so my concern is that is there a possibility that we can oppose this and put a playground or put a kids on the neighborhood. Ms. Oliver: Yes, Mr. Weiner. Mr. Weiner: When the school bus comes down at Maxey Drive from Virginia Beach Boulevard, does it turn around and come back or is it go all the way to the Laskin Road? Mr. Summers: Excuse me? Mr. Weiner: When the school bus comes down Maxey Drive from Virginia Beach Boulevard, does it turn around and come back or does it go all the way through to Laskin Road? You cannot see it on there but if you go straight down to Maxey Drive, it takes you all the way to Laskin Road. Mr. Summers: Sometimes the school bus can down here and this way, he got to wait and sometimes he gets frustrated and he comes the other way, the Laskin come down to this way [Inaudible] [01:33:57] Virginia Beach and Laskin. Mr. Weiner: Please don't take this wrong way, I understand you concerned, but you do have to remember it is a public street so my thing to you would be you need to contact the City school system so they can contact these people to make sure the streets get clear for the school buses, you know, that needs to happen because it is a public street, they can pull in anytime they want 2 to from that auto shop, but I think it might be best for the parents to contact to City school system, and tell them that was going on, and that its blocking the buses. Ms. Oliver: Go ahead, yes. Mr. Hodgson: If you look at page 3 in the application for agenda item number 7, you can see that Maxey Drive is considerably narrower than say Village Road which is to the right and he has absolutely valid concerns like I have driven down there, but I go back to what Commissioner Weiner said, this is something that you know you have brought attention to this now which was good and I think it's going to be important for the City to help police that street a little bit more to make sure that the adjacent property owners aren't parking their cars in the right-of-way and making it difficult for vehicles to get past, because I said I have been there, I have used that garage before and it's tight, and then you can look, you can see how much the road is pinched on Virginia Beach Boulevard and how it starts to widen out when you get to the end of that property, so yeah, you know however this vote ends up going, you coming down will have some benefits, future benefit on traffic on that road. Ms. Oliver: Jimmy, something on the van trip sort of catch your eye? Mr. McNamara: If you look on page 3 in the evaluation, there is comment from traffic engineering that states that a 10-foot dedication along Maxey Drive will be required as well street improvements and that will be discussed in more detail at site plan review. Ms. Oliver: Okay, so that's good. Mr. Ripley: Do you understand? Mr. Summers: Yes. Ms. Oliver: So there should be some extra give on that. Mr. Garrington: And let me add, I don't know if it's in the conditions or not, but if there isn't a condition on our application it says there will be no parking in the public right-of-way in conjunction with this project at 1888, it should be on there because there will not be any parking, because it would be landscaped and that's where the fence will be, but it's a little bit disingenuous, not disingenuous, it's little bit a hard to hold us hostage for something that is taking place from a property owner next to it that is causing a problem, not us. Ours, we think, is a good application for that piece of property and your Staff has agreed and with that one other condition if you want to add it to it, again we are in total agreement with the conditions. Ms. Oliver: I think that would be great, that would probably make the neighbors happy if we could add that condition into that application. It will be great. With no more speakers, we will close this for discussion amongst the commissioners. Mr. Hodgson: I looked to this application, I was actually kind of taken back by the elevation of this building. I for one, love this type of architecture when I saw it, I was like, this will be the nicest looking building for a number of blocks in that area and I think ifs going to be a huge improvement in changing the look of that area and I do agree with the applicant. I appreciate you coming out, I really do, because that is a, that's a tough road and I think you brought some light to that subject and hopefully by you coming down, there will be some improvement that you will see there but I am inclined to approve this application as it stands. I like the extra condition 3 saying that there will be no parking in the public right-of-way by any of the visitors to this business. Ms. Oliver: Jimmy I have a question for you. I think unfortunately I was not on the van trip, I was out of town but somewhere along the line, I thought I heard that you all recognized that there was a problem with the neighbor and the way he had his cars parked, and might incorrect with that or no? Mr. McNamara: Nothing was mentioned at the van trip in regards to that. Ms. Oliver: Okay, maybe. Mr. Inman: I believe there were cars that were inside the compound, many of them, there is no landscaping to cover that up, is what we discussed. Ms. Oliver: So,but you all looked into that or going to look into that. Mr. McNamara: Your question was you are going to looking into the screen requirements for the adjacent property? We can certainly look into that. Ms. Oliver: Yeah, I think that might probably also help them. Mr. Hodgson: If there is no further discussion, I will make a motion to approve agenda item number 7 with the added condition of no parking in the right-of-way. Mr. Weiner: I second. Ms. Oliver: Seconded by commissioner Weiner. Mr. Ripley: I also need to disclose here that the applicants listed Townebank again and same disclosure had previously Planning Commission didn't make any, only makes recommendations, final decision made at council, I have no interest on this property, I don't know the applicant and I will be voting. Mr. Inman: Madam Chairman, I need to make the same statement, I am going to echo with Mr. Ripley just said that I am the director in Town bank Beach Board, don't have any interest in this property and not abstain from voting. Ms. Oliver: Okay, alright, thank you. So we have a motion made by Commissioner Hodgson, second by commissioner Weiner. Mr. Fisher: By vote of 9-0, agenda item number 7 Jones At 1888, LLC has been approved. AYE 8 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE 4 KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL ABSENT WEINER AYE CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "CONDITIONAL USE PLAN FOR 1888 VIRGINIA BEACH BLVD PARCEL 9, 10, 32, 33, & 34 VIRGINIA BEACH, VIRGINIA",prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, shall be in substantial conformity with the renderings entitled, "Southampton Roads Construction Corp Building Conceptual View 1, 2, 3, & 4,"prepared by Finley Design Architecture and Interiors, dated March 22, 2018,which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, other than the specific deviation described above in the Staff report with regard to the Category VI screening, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type,proposed shielding, and light dimming capabilities. 5. All light fixtures on the site shall be no taller than 14 feet in height. 5 6. All light fixtures shall be shielded away from the adjacent residential uses to the north of the site. 7. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. All lighting fixtures within 100 feet of the residential properties to the north shall be dimmed to 50% the lumen output after 7:00 p.m. 8. There shall be no mixing of any materials, such as but not limited to, concrete or asphalt, in the Bulk Storage Yard. 9. Commercial truck traffic to and from the site shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. 10. The Bulk Storage Yard shall be closed and no activity including loading or offloading may occur in the bulk storage area between the hours of 7:00 p.m. and 7:00 a.m. daily. 11. All materials within the Bulk Storage Yard may be stacked no taller than six feet in height. 12. The onsite dumpster shall only be permitted to be picked up between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. 13. Except for necessary ingress and egress of vehicles, the gates to the bulk storage area shall remain closed. 14. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 15. No on-street parking within the right-of-way shall be permitted by the owners, or employees of this property. 6 N. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM EASTERN VIRGINIA MEDICAL SCHOOL GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE SOCIAL SERVICES BOARD STORMWATER APPEALS BOARD TIDEWATER COMMUNITY COLLEGE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRIST COMMISSION OF HAMPTON ROADS WATER TASK FORCE 1 0. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************************** 05/10/2018 pm CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/01/2018 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H V W B N E J A U I B P DN OK MCH L W O O Y L N A 0 AR S 0 TR EEENSN I 00 T TR YS E S TNND CITY MANAGER'S BRIEFINGS A. FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) 1. TREASURER John T.Atkinson 2. COMMISSIONER OF THE REVENUE Phillip Kellam 3. GENERAL REGISTRAR Donna Patterson 4. CITY ATTORNEY Mark Stiles 5. CITY AUDITOR Lyndon Remias 6. CITY CLERK Amanda Barnes 7. REAL ESTATE ASSESSOR Ronald Agnor 8. FINANCE Patti Phillips, Director 9. HUMAN RESOURCES Regina Hilliard, Director 10. COMMUNICATIONS OFFICE Julie Hill,Director 11. STiR OFFICE Ken Chandler,Deputy City Manager BUDGET AND MANAGEMENT David Bradley, 12. SERVICES Director 13. NON-DEPARTMENTAL David Bradley, Director-Management Services 14. CITY MANAGER David L.Hansen B. BURTON STATION,STRATEGIC Mark Shea, GROWTH UPDATE(SGA)UPDATE Comprehensive Planning Coordinator C. ASHVILLE PARK UPDATE Barry Frankenfield, Director-Planning and Community Development Tom Leahy,Deputy City Manager D. PRIVATE—PUBLIC EDUCATION AND RESCHEDULED INFRASTRUCTURE ACT(PPEA) PROCEDURE REVISIONS Y Y Y Y Y Y A Y Y Y VI. FORMAL SESSION F. MINUTES APPROVED 9-0 April 17,2018 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/01/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H V W B N E J A U I B P DNOKMCH L W O 0 Y LN AO AR S 0 TR EEENSN I 00 T T R Y S E S TNND Y Y Y Y Y Y A Y Y Y G. CITY COUNCIL SELECTION OF THE Louis R.Jones 9-0 MAYOR ELECTED CITY COUNCIL SELECTION OF THE James L.Wood VICE MAYOR ELECTED H. PUBLIC HEARINGS 1• EXTENION OF CABLE FRANCHISE 1 Speaker Cox Communications 2. ACQUISITION OF REAL PROPERTY No Speakers Princess Anne Road Phase VII 3. ACQUISITION OF REAL PROPERTY No Speakers Fire/EMS Station at Burton Station 4. PROPOSED REAL PROPERTY TAX 17 Speakers RATE(EFFECTIVE TAX INCREASE) Y Y Y Y Y Y A Y Y Y J.1 Ordinances to AMEND City Code Sections: 9-0 a. 5-531 re leash law ADOPTED b. 5-532 and 5-533 re barking dogs/nuisance ADOPTED,BY animals generally CONSENT Y Y Y Y Y Y A Y Y Y J.2 Resolution to EXTEND the City's Cable ADOPTED,BY 9-0 Franchise with Cox Communications until CONSENT the earlier of November 23,2018 or the date on which the franchise is renewed Y Y YY A Y A Y Y Y J.3 Ordinance to AUTHORIZE the acquisition ADOPTED,BY 8-0 of property re Princess Anne Road Phase CONSENT r VII Project either by agreement or A condemnation E D Y Y Y Y Y Y A Y Y Y J.4 Ordinance to AUTHORIZE the acquisition ADOPTED,BY 9-0 of property re Fire and EMS Station at CONSENT Burton Station Project by condemnation due to unknown ownership Y Y Y Y Y Y A Y Y Y J.5 Resolution to DIRECT the City Attorney to ADOPTED,BY 9-0 file a petition for Writ of Special Election re CONSENT vacancy in the Office of Mayor Y Y Y Y Y Y A Y Y Y J.6 Ordinance to TRANSFER$293,815 to the ADOPTED,BY 9-0 Office of Voter Registration&Elections re CONSENT Democratic and Republican Primary Elections CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/01/2018 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H V W B N E J A U I B P DNOK MC H L W O O Y LN AO A R S 0 T R EEENSN I 00 T T R Y S E S TNND Y Y Y Y Y Y A Y Y Y J.7 Resolutions to APPOINT: ADOPTED,BY 9-0 a. Robin Wilcox as Deputy City Clerk II CONSENT b. Paige McGraw as Deputy City Clerk II Y Y Y Y Y Y A Y Y Y J.8 Ordinance to AUTHORIZE the City ADOPTED,BY 9-0 Attorney to PEITION the Circuit Court to CONSENT appoint a Special Commissioner to execute the necessary deeds to CONVEY three(3) parcels of land in the Lake Edward Neighborhood to the City/AUTHORIZE the City Manager to ACCEPT title to the three(3)parcels and to ACCEPT dedications of easements re lake improvements N Y N Y Y Y A Y Y Y J.9 Resolution to APPROVE an Extension of ADOPTED,BY 7-2 the Town Center Option Agreement and CONSENT RECOMMEND the VBDA APPROVE the Extension Y Y Y Y Y Y A Y Y Y J.10 Ordinances to AUTHORIZE temporary ADOPTED,BY 9-0 encroachments into a portion of city property CONSENT known as: a. Lake Wesley/the rear of 504 Kerry Lane b. North Bay/rear of 353 Back Bay Crescent Y Y Y Y Y Y A Y Y Y J.11 Resolution to AUTHORIZE and ADOPTED,BY 9-0 DIRECT the City Manager to EXECUTE CONSENT the(MOA)re ESTABLISH the HaRo Regional Stormwater Management Program between the City and the HRPDC Y Y Y Y Y Y A Y Y Y J.12 Resolutions to REQUEST VDOT to accept: ADOPTED,BY 9-0 CONSENT a. Additional Streets for Urban Maintenance Payments b. Corrections/Deletions to the Road Inventory for Urban Maintenance Payments Resolution to AFFIRM COMMITMENT Y Y Y Y Y Y A Y Y Y J.13 to fund the local share of Revenue Sharing ADOPTED,BY 9-0 Projects with VDOT under the CONSENT Programmatic Project Administration Agreement/AUTHORIZE the City Manager to enter into any necessary agreements for project development CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/01/2018 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H V W B N E J A U I B P DNOK MC H L W O O Y LN A 0 A R S 0 T R E EENSN 100 T T R Y S E S TNND Y Y Y Y Y Y A Y Y Y J.14 Ordinances to ACCEPT and ADOPTED,BY 9-0 APPROPRIATE: CONSENT a. $673,655 from VDOT to Public Works re maintenance of roadways b. $3,000 from the Tidewater Bicycle Association re installation of bike racks c. $23,480 from the Virginia Department of Criminal Justice Services to the Police re staff recruitment Y Y Y Y Y Y A Y Y Y K.1 ISHWAR,LLC for a Modification of APPROVED,AS 9-0 Conditions re motor vehicle rentals at 5924 MODIFIED,BY Indian River Road(Approved September 19, CONSENT 2017) DISTRICT 1—CENTERVILLE Y Y Y Y Y Y A Y Y Y K.2 DRAGAS ASSOCIATES,INC.ET AL for APPROVED,AS 9-0 a Conditional COZ from R-10 to Conditional PROFFERED,BY A-24 at Haygood Road&Wesleyan Drive CONSENT DISTRICT 4—BAYSIDE Y Y Y Y Y Y A Y Y Y K.3 GLASER ENTERPRISES,INC./ APPROVED/ 9-0 GLASER,LLC for a Conditional Use CONDITIONED,BY Permit re bulk storage yard at 2584 Horse CONSENT Pasture Road DISTRICT 3—ROSE HALL Y Y Y Y Y Y A Y Y Y K.4 D&S WILLIAMS,INC./LONDON APPROVED/ 9-0 BRIDGE,LLC for a Conditional Use CONDITIONED,BY Permit re automobile repair garage at 113 CONSENT Pennsylvania Avenue DISTRICT 4—BAYSIDE Y Y Y Y Y Y A Y Y Y K.5 BURGER BUSTERS,INC./BALBOA, APPROVED, 9-0 LLC for Special Exception for Alternative CONDITIONED,AS Compliance to the Form-Based Code re AMENDED drive-through restaurant at Pacific Avenue &29ih Street DISTRICT 6—BEACH APPOINTMENTS: RESCHEDULED B YCON S ENS US L.1 BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD MINIORITY BUSINESS COUNCIL STORMWATER APPEALS BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/0l/2018 PAGE: 5 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H V W B N E J A U I B P DN 0 K MC H L W O 0 Y L N A 0 A R S 0 T R E E EN S N I 0 0 T T R Y S E S T NND M/N/ ADJOURNMENT 7:55 PM 0 OPEN DIALOGUE 2 Speakers 8:00 PM