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HomeMy WebLinkAbout02-19-19 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ecpitA4FAc MAYOR ROBERT M. "BOBBY"DYER,At Large J1 40`-:: 6 L VICE MAYOR JAMES L. WOOD,Lynnhaven—District 5 .:. JESSICA P.ABBOTT,Kempsville—District 2 > '.\ BARBARA M.HENLEY,Princess Anne—District 7 Uri LOUIS R.JONES.Bayside—District 4 SHANNON DS KANE,Rose Hall—District 3 '_ ' - �._� JOHN D.MOSS,At Large `� DAVID NYGAARD,Beach—District 6 " 0. 04' AARON R.ROUSE,At Large ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville—District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9005 CITYATTORNEY MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR RONALD D.AGNOR February 19, 2019 FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. TIDEWATER COMMUNITY COLLEGE UPDATE Dr. Gregory DeCinque, President and Dr. Michael Summers, Virginia Beach Campus Provost - TCC B. FOOD TRUCK ORDINANCE DISCUSSION II. CITY MANAGER'S BRIEFINGS A. OPPORTUNITY ZONES UPDATE Kathy Warren, Director— Strategic Growth Area Office B. BURTON STATION LAND PURCHASE Kathy Warren, Director—Strategic Growth Area Office C. FY 2019—2020 RESOURCE MANAGEMENT PLAN (Budget) CAPITAL IMPROVEMENT PROGRAM (CIP) 1. STORMWATER Tonia Alger, Stormwater Engineering Center Administrator—Public Works 2. COASTAL Daniel Adams, Coastal Program and Project Manager—Public Works D. INTERIM FINANCIAL STATEMENT AND PENSION STATUS Alice Kelly, Interim Director- Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:45 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION: Pastor Dawna Gray Free Spirit Worship 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 February 05, 2019 2. SPECIAL FORMAL SESSION February 11, 2019 G. MAYOR'S PRESENTATION PROCLAMATION TIDEWATER COMMUNITY COLLEGE 50TH ANNIVERSARY Dr. Gregory DeCinque, President H. PUBLIC COMMENT CAVALIER SHORES PARKING PROPOSALS/OPTIONS: 1. AMEND City Code Sections 21-353 and 21-354 re Residential Permit Parking Program 2. AMEND City Code Sections 21-361 and 21-364 to IMPLEMENT Pilot Program re Residential Permit Parking 3. ADD City Code Sections 21-361 through 21-371 to create a Temporary Construction Parking Permit Program and DESIGNATE a Temporary Construction Parking Permit Area I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY a. 457+/- acres on North Landing Road b. 9.7+/- acres at 1401 Southern Boulevard 2. ACQUISITION BY AGREEMENT 0.18+/- acres at Burton Station near Miller Store Road 3. DECLARATION AND SALE OF EXCESS CITY PROPERTY 6.4 acres at Princess Anne Road and Community College Place J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Resolution to AUTHORIZE the City to become a member of the American Flood Coalition 2. Ordinance to ADD City Code Section 18-108.2 re license code for mobile food vending 3. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease of city-owned property for one year, with four optional one-year renewals with: a. Land of Promise Farms Partnership for 457 +/- acres on North Landing Road b. MEB General Contractors, Inc., at 1401 Southern Boulevard re store construction materials and use as a laydown yard 4. Ordinance to EXTEND the date for satisfying the conditions re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 829 South Atlantic Avenue in Croatan 5. Ordinance to AUTHORIZE temporary encroachment into a portion of existing right-of-way known as Island Lane located at the front of 3004 Island Lane re maintain an existing paver driveway and a 2'X 2' brick wall 6. Ordinance to AUTHORIZE the donation of reclaimed concrete to Lynnhaven River NOW re create a sanctuary reef in the Western Branch of the Lynnhaven River 7. Ordinance to AMEND the Adopted FY 2018-2019 Capital Improvement Program (CIP) Project Description and Scope for Aragona Drainage Improvements re AUTHORIZE the acquisition of necessary property and easements 8. Ordinance to APPROPRIATE $1.8-MILLION from General Fund Balance to Risk Management Internal Service Fund re insurance premiums and self-insurance claims 9. Ordinance to ACCEPT and APPROPRIATE $50,000 from Virginia Department of Emergency Management to the Fire Department FY 2018-19 Operating Budget re purchase equipment for the Technical Rescue Team L. PLANNING 1. CLEAR CREEK HOLDINGS, LLC for a Conditional Change of Zoning from R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6—BEACH (Deferred from February 5, 2019) RECOMMENDATION: APPROVAL M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFOMRITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 **************************** 2019 CITY COUNCIL MEETINGS Tuesday, February 26 Workshop Tuesday, March 5 Formal Session Tuesday, March 12 Workshop Tuesday, March 19 Formal Session 02/19/19 rw MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:30 PM A. TIDEWATER COMMUNITY COLLEGE UPDATE Dr. Gregory DeCinque, President and Dr. Michael Summers, Virginia Beach Campus Provost - TCC B. FOOD TRUCK ORDINANCE DISCUSSION II. CITY MANAGER'S BRIEFINGS A. OPPORTUNITY ZONES UPDATE Kathy Warren, Director—Strategic Growth Area Office B. BURTON STATION LAND PURCHASE Kathy Warren, Director—Strategic Growth Area Office C. FY 2019—2020 RESOURCE MANAGEMENT PLAN (Budget) CAPITAL IMPROVEMENT PROGRAM (CIP) 1. STORMWATER Tonia Alger, Stormwater Engineering Center Administrator—Public Works 2. COASTAL Daniel Adams, Coastal Program and Project Manager—Public Works D. INTERIM FINANCIAL STATEMENT AND PENSION STATUS Alice Kelly, Interim Director- Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:45 PM A. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby- Dyer B. INVOCATION: Pastor Dawna Gray Free Spirit Worship 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 February 05, 2019 2. SPECIAL FORMAL SESSION February 11, 2019 G. MAYOR'S PRESENTATION PROCLAMATION TIDEWATER COMMUNITY COLLEGE 50TH ANNIVERSARY Dr. Gregory DeCinque, President s.. . z nor • C. tet* ,, z ,?,,, I . I* i it''6 ', a. ,t� "' yp 6 f4''''. i+i i'l ted ,,,,Ir�. 74.c!,:,, .1 6 1c',7,r'i { .is a� •' 317',:;':01.17,7' °P OUR NAr0 • s. 4`1,4.,,-,;--„,. ..k.4-*. . . 13rottaillattFott Whereas: Por the past 50 years, Tidewater Community College has served the citizens of South + ,- .?lam ton liZoa& 6y providing afforda6k higher education, workforce development and �. "`° econdmic development opportunities;and v t ;ti.1y ?f:e 'Virginia Beach Campus of Tufewater Community College, which opened in 1973, has '-:, been instrumental in the development of the City of`Virginia Beach,providing citizens with '4z',. „a.+ employment,education,and cultural opportunities,as well as helping to initiate development ='i r ' of southern Virginia Beach;and The'Virginia Beach Campus is?CC's largest campus,with some 18,000 students;arid S 3��' littur 'Wluseas• ,The Virginia Beach Campus features the signature programs of engineering technofogy, maritime,health professions,information technology,funeralservice,and hospitality;and 4 "i� -4blrierra s: gr,,,Virginia Beach Campus has joined with the City of Virginia Beach to build and manage the AdvancedTechnology Center and the Joint-Ilse Li6rury•and Whereas: ?he Virginia Beach Campus includes the 4igional.9feafth Professions Center,which features - state-of-the-art simulation abs,and the Science Building which contains a planetarium;and tea "'.a,••�.fns l'F Wfieteas: ?he Virginia Beach Campus houses the Center for94ifitary+a?udVeterans Education a unique resource for military-related students. d'. 4 Now,1fere•fore,I,4Qg6ert W. Dyer,9liayor of the City of Virginia Beach,'Virginia,do hereby proclaim: February 19, 2019 50 Anniversary of gidewater Community Coaeg►e In Virginia 'Seatfi, and-I call upon all citizens to join me in celebrating the 50th Anniversary of the establishment of(iidewaterCommunity College. In 44htness'Whereof I have hereunto set my hand and caused the Official'Sear of the City of Virginia Beach, Virginia,to 6e affixed this nineteenth day of Pe6ruary,2019. fiSt 0.'3 _ j p6ertII. "Bo66y"Dyer Mayor .. H. PUBLIC COMMENT CAVALIER SHORES PARKING PROPOSALS/OPTIONS: 1. AMEND City Code Sections 21-353 and 21-354 re Residential Permit Parking Program 2. AMEND City Code Sections 21-361 and 21-364 to IMPLEMENT Pilot Program re Residential Permit Parking 3. ADD City Code Sections 21-361 through 21-371 to create a Temporary Construction Parking Permit Program and DESIGNATE a Temporary Construction Parking Permit Area ti• CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Sections 21-353 and -354 of the City Code Pertaining to Residential Permit Parking in the Cavalier Shores Neighborhood MEETING DATE: March 5, 2019 • Background: In 2005, City Council enacted the Residential Parking Permit program in order to reduce nighttime traffic congestion within residential neighborhoods; reduce hazardous traffic conditions during nighttime hours by persons attempting to avoid use of nearby city meter-regulated parking; protect residents form unreasonable noise and disturbance during nighttime hours; protect residents from unreasonable burdens in gaining access to their residences; and preserve and protect the peace, good order, convenience and character of residential neighborhoods located in close proximity to commercial areas of the City. Residents of such neighborhoods may submit a petition requesting that the City include their neighborhood in the program. • Considerations: In 2017, residents of the Cavalier Shores Neighborhood submitted a petition to the City seeking inclusion of their neighborhood in the program, but they requested two changes to the program with respect to their neighborhood: (1) that enforcement begin at 5 p.m. instead of 8 p.m.; and (2) that employee parking permits not be authorized for their neighborhood. This ordinance would authorize those two modifications to the program for that neighborhood. On September 5, 2017, the City Council deferred this ordinance for 60 days. The applicant civic league then requested a deferral to November 20, 2018, which was approved by the Council on November 7, 2017. The applicant requested an additional deferral, and on November 20, 2018, the City Council deferred the item to February 5, 2019. On February 5, 2019, the City Council deferred the item to March 5, 2019. • Public Information: Public information will be provided through the normal Council agenda process. • Alternatives: The alternatives are: (1) provide no parking management program; (2) allow the neighborhood to participate in the current RPP Program that restricts parking from 8 p.m. to 6 a.m. daily; (3) approve the alternative Pilot Program ordinance that is also a part of the March 5th City Council agenda; or (4) approve the Temporary Construction Parking Permit Program that is also included in the March 5th agenda. • Attachments: Ordinance. Originally Requested by Vice Mayor Wood and Councilmember Jones ORIGINALLY REQUESTED BY VICE MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE TO AMEND SECTIONS 21-353 AND -354 2 OF THE CITY CODE PERTAINING TO RESIDENTIAL 3 PERMIT PARKING IN THE CAVALIER SHORES 4 NEIGHBORHOOD 5 6 SECTIONS AMENDED: § 21-353 and -354 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 21-353 and -354 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and reordained to read as follows: 13 14 Sec. 21-353. - Parking restrictions. 15 16 (a) In any area designated as a residential permit parking area, it shall be unlawful for 17 any person to park or otherwise leave unattended any all-terrain vehicle, bicycle, 18 electric personal assistive mobility device, electric power-assisted bicycle, electric- 19 powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped 20 or similar wheeled device on the street. 21 (b) In any area designated as a residential permit parking area, it shall be unlawful for 22 any person to park any motor vehicle on the street between the hours of 8:00 p.m. 23 and 6:00 a.m. unless there is affixed to the driver's side exterior surface of the 24 windshield of such motor vehicle a valid residential parking permit; provided, 25 however, that the provisions of this Section shall not apply to emergency or 26 governmental vehicles, to delivery or service vehicles while engaged in such 27 delivery or service, or to vehicles displaying a valid guest pass plainly visible from 28 the exterior of the vehicle. 29 (c) Notwithstanding the enforcement hours set forth in subsection (b) to the contrary, 30 the hours of enforcement for the Cavalier Shores Neighborhood shall be between 31 the hours of 5:00 p.m. and 6:00 a.m. For purposes of this article, "Cavalier Shores 32 Neighborhood" refers to all on-street parking on the south side of 45th Street; the 33 alley between 45th Street and 44th Street; both sides of 44th, 43rd 1/2, 43rd, and 34 42nd 1/2 Streets; the north side of 42nd Street; the alley that runs parallel to the west 35 side of Atlantic Avenue from Cavalier Drive to 45th Street; and the north side of 36 Cavalier Drive between Holly Road and Ocean Front Avenue. 37 38 Sec. 21-354. - Permits generally. 39 40 (a) Following the designation of a residential permit parking area by the City Manager 41 or his designee, the City Treasurer or city's parking management office shall issue 42 annual residential parking permits for the area so designated. One (1) permit shall 43 be issued, upon application and payment of the prescribed fee, if applicable, for 44 each motor vehicle owned by a person residing on a street within the residential 45 permit parking area, or on a street within a residential area that is contiguous to the 46 residential permit parking area as specified in subsection (b). 47 (b) An applicant for a permit shall present his motor vehicle registration and operator's 48 license with the application. No permit shall be issued in the event either the 49 registration or operator's license shows an address not within a designated 50 residential permit parking area, unless the applicant demonstrates to the 51 satisfaction of the City Treasurer or city's parking management office that he is, in 52 fact, a resident of such area, or that he is a resident of a residential area which is 53 contiguous to a designated residential permit parking area and in which neither off- 54 street nor nonmeter-regulated on-street parking is available. Any applicant who is a 55 resident of such a contiguous residential area shall, upon receipt of a permit issued 56 hereunder, be permitted to park in the designated residential permit parking area. 57 Registered residential parking permit holders may obtain annual or temporary guest 58 passes by applying to either the city treasurer's office or the city's parking systems 59 management office. Temporary guest passes shall be issued and validated for up to 60 seventy-two (72) hours. 61 (c) Monthly business parking permits shall be issued by the city treasurer's office or the 62 city's parking systems management office to businesses licensed to operate in city 63 meter-regulated parking areas. A current valid business license must be presented 64 by the business owner or his designee to the city treasurer's office or to the city's 65 parking systems management office at the time a request is made for annual 66 business parking permits. The number of permits issued to a single business shall 67 be limited to the maximum number of employees required to work after 8:00 p.m. or, 68 in the case of a lodging facility, the number of rooms within such lodging facility that 69 do not have on-site parking, whichever is greater. Employees of businesses eligible 70 for parking permit passes under this Division may purchase employee parking 71 permit passes directly from the city treasurer's office or city's parking management 72 office after verification of employment with an eligible business. No permit, however, 73 shall be issued pursuant to this subsection for employee parking in the Cavalier 74 Shores Neighborhood. 75 (d) Permits issued pursuant to subsection (a) shall not be transferable, and may be 76 revoked in the event the City Treasurer determines that the owner of the vehicle for 77 which a permit has been issued no longer resides in the residential permit parking 78 area. Upon written notification of such revocation, the holder of the permit shall 79 surrender such permit to the City Treasurer. The willful failure to surrender such 80 permit shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 81 (e) Permits issued pursuant to subsection (c) shall be transferable, and may be 82 revoked in the event the City Treasurer's office determines that the number of 83 permits exceeds the allowable number according to the criteria set forth in 84 subsection (c). 85 (f) A replacement permit shall be issued upon proof of loss, theft or damage of the 86 original permit, and payment of the replacement fee prescribed in Section 21-359. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Rbderick R. Ingram City Attorney's Office CA14067 R-3 January 29, 2019 64(7 ; 1' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Implement a Temporary Pilot Program by Amending Sections 21-361 to 21-364 to the City Code Pertaining to Residential Permit Parking in the Historic Cavalier Shores Neighborhood MEETING DATE: March 5, 2019 • Background: This item is offered to address concerns raised by the Cavalier Shores Civic League and its residents regarding on-street public parking on the 200 blocks of 43rd, 44th, and 45th streets. In 2017, the civic league requested that the City Council adopt a modified Residential Parking Permit ("RPP") Program in this area. That request was deferred four times and is also part of the March 5th Council agenda. The civic league is concerned about extended periods of high parking occupancy on these streets during both daytime and nighttime hours as a result of a nearby multi-year hotel construction project. This area is also used for parking by residents and beachgoers. • Considerations: To address the unique needs of the neighborhood during this time, a three-year pilot project could be implemented that restricts parking duration to three hours on the 200 blocks of 43rd, 44th, and 45th streets between Holly Avenue and Atlantic Avenue. Permit holders would be exempt from the restriction. Vehicles that park in excess of three hours without a permit or guest pass would be issued a citation. The 100 Block of Cavalier Shores joined the existing RPP program in the fall of 2018. A prior version of this ordinance was presented to the City Council on February 5, 2019, but Council deferred the ordinance for one month. This version has been revised (1) by adding "whereas" clauses that detail the neighborhood's unique history and historical status; and (2) given the uniqueness of this temporary pilot program, the ordinance provisions are now set forth in a proposed new division of the City Code, separate and apart from the division that contains the City's longstanding Residential Parking Permit Program. • Public Information: Information regarding the new pilot project will be provided through the normal agenda process. • Alternatives: The alternatives are: (1) provide no parking management program; (2) allow the neighborhood to participate in the current RPP Program that restricts parking from 8 p.m. to 6 a.m. daily; (3) adopt the 2017 proposal referenced above that previously was deferred by the City Council; or (4) approve the Temporary Construction Parking Permit Program that is also included in the March 5th agenda. • Attachments: Ordinance and sign mock-up. Submitting Department/Agency: SGA/Resort Management Officer r,L� City Manager: 1 AN ORDINANCE TO IMPLEMENT A TEMPORARY PILOT 2 PROGRAM BY ADDING SECTION 21-361 TO 21-264 TO 3 THE CITY CODE PERTAINING TO RESIDENTIAL PERMIT 4 PARKING IN THE HISTORIC CAVALIER SHORES 5 NEIGHBORHOOD 6 7 SECTIONS ADDED: § 21-361 through 21-364 8 9 WHEREAS, the Virginia Department of Historic Resources recently added the 10 Cavalier Shores Historic District, which is comprised of the Cavalier Shores 11 neighborhood, to the Virginia Landmarks Register, noting: 12 13 The Cavalier Shores Historic District in Virginia Beach began in 1927 as a 14 housing development sponsored by the city's now-iconic Cavalier Hotel, 15 which opened that same year. While the neighborhood's direct link to the 16 hotel has since faded, a brick promenade leading to a gate to the hotel 17 grounds recalls the earlier connection. Cavalier Shores is an example of 18 coastal suburban development during the first half of the 20th century. Its 19 dense housing dating to the era indicates the neighborhood's early 20 popularity and subsequent growth. Its seven blocks of houses are 21 predominated by Colonial Revival style designs, with Tudor Revival and 22 Minimal Traditional. Lining the neighborhood's alleyways are a complement 23 of rear garages and guesthouses, the latter a common feature of coastal 24 developments of the era. The district also conveys a sense of beautification 25 and landscaping, a defining aspect of the neighborhood since the 1920s. 26 Most of the district's lots were developed by the late 1960s. Today, Cavalier 27 Shores is a rare collection of early-20th century residential architecture in 28 Virginia Beach. 29 30 WHEREAS, the Virginia Department of Historic Resources has forwarded 31 documentation for the Cavalier Shores Historic District to the National Register of Historic 32 Places; 33 34 WHEREAS, as noted by the Virginia Department of Historic Resources, Cavalier 35 Shores is a unique area that consists of"dense housing" dating to an era when driveways 36 were less common, and current residents of Cavalier Shores require on-street parking for 37 their vehicles; 38 39 WHEREAS, the ability of the residents to park their vehicles on the street adjacent 40 to or near their homes has been severely impacted as a result of the multi-year 41 construction associated with the Cavalier Hotel project; 42 43 WHEREAS, the City Council desires to address the unique needs of this historic 44 neighborhood during the time of construction by implementing a temporary pilot 45 program—separate and apart from the current Residential Parking Permit Program—to 46 address the parking needs of Cavalier Shores residents. 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 49 OF VIRGINIA BEACH, VIRGINIA: 50 51 That Sections 21-361 and -362 of the Code of the City of Virginia Beach, Virginia, 52 are hereby added and ordained to read as follows: 53 54 DIVISION 5. — Cavalier Shores Residential Permit Parking Pilot Program 55 56 Sec. 21-361. - Objectives. 57 58 This Division is adopted as a temporary pilot program in order to mitigate traffic 59 congestion and parking scarcity on public streets within the Cavalier Shores 60 neighborhood adjacent to an ongoing construction project. 61 62 Sec. 21-362. - Definitions. 63 64 As used in this Division: 65 66 (a) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 67 and shall also include mopeds and motorcycles, as defined therein. 68 69 (b) Cavalier Shores Neighborhood refers to all on-street parking on the south side 70 of 45th Street; the alley between 45th Street and 44th Street; both sides of 44th, 71 43rd 1/2, 43rd, and 42nd 1A Streets; the north side of 42nd Street; the alley that 72 runs parallel to the west side of Atlantic Avenue from Cavalier Drive to 45th 73 Street; and the north side of Cavalier Drive between Holly Road and Ocean 74 Front Avenue. 75 76 Sec. 21-363. - Parking restrictions. 77 78 (a) It shall be unlawful for any person to park or otherwise leave unattended any all- 79 terrain vehicle, bicycle, electric personal assistive mobility device, electric power- 80 assisted bicycle, electric-powered wheeled device, gas-powered wheeled device, 81 low-speed vehicle, moped or similar wheeled device on any street in the Cavalier 82 Shores Neighborhood. 83 (b) It shall be unlawful for any person to park a motor vehicle on any street in the Cavalier 84 Shores neighborhood, where notice of these restrictions have been conspicuously 85 posted in accordance with this division, for longer than a three-hour period in any day 86 unless there is affixed to the driver's side exterior surface of the windshield of such 87 motor vehicle a valid residential parking permit or a temporary guest pass as 88 authorized by subsection 21-354(b) hanging from the rearview mirror. 89 90 Sec. 21-364. - Permits generally. 91 92 The City Treasurer or the city's parking management office shall issue residential parking 93 permits pursuant to this division in accordance with the procedures set forth in section 94 21-354. However, no permit shall be issued pursuant to this section for employee parking 95 in the Cavalier Shores Neighborhood. 96 97 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 98 VIRGINIA BEACH, VIRGINIA: 99 100 That the effective date of this ordinance shall be April 5, 2019, and that, absent 101 additional action by the City Council to the contrary, this ordinance shall automatically 102 sunset and expire on April 1, 2022. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7ii trategic Growth Area Office City Attorney's Office CA 14604 R-2 February 13, 2019 3 HR PARKING MAX PER DAY IN ZONE ZONE IS 43RD , 44r" & 45T" STREETS PERMIT HOLDERS EXEMPT TOWING ENFORCED TOW INFO 385-3111 0.0 V It Vi; 44V _ ..1,' q_.1.‘,,., "•Vµv CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Add Sections 21-361 Through 21-371 to the City Code Creating the Temporary Construction Parking Permit Program (2) A Resolution to Designate a Temporary Construction Parking Permit Area MEETING DATE: March 5, 2019 • Background: The creation of a Temporary Construction Parking Permit Program is offered as an alternative to address the parking hardships currently experienced by residents of the Cavalier Shores neighborhood, and it also could apply to other neighborhoods in the future that experience an undue burden due to adjacent commercial construction projects. A resolution designating a neighborhood for the Temporary Construction Parking Permit program is temporary in nature. A resolution must fix a start date no earlier than one month following the passage of the resolution and an end date no later than one year following the passage of the resolution. In any area designated as a temporary construction parking permit area, it shall be unlawful for any person to park for longer than a three-hour period in a day unless there is a valid temporary parking permit or temporary guest pass on the vehicle. These restrictions would not apply on weekends or those holidays defined in City Code § 2-83. • Considerations: The attached ordinance creates the Temporary Construction Parking Permit Program. This program is intended to mitigate traffic congestion and parking scarcity on public streets within residential neighborhoods adjacent to ongoing commercial construction. The program is intended to protect residents from the unreasonable burdens in gaining access to their residences for the period of time designated in a resolution specific to such neighborhood. If Council adopts the Temporary Construction Parking Permit Program, there is a resolution in this agenda package to designate Cavalier Shores for status as a temporary construction parking permit area. The construction related to the ongoing Cavalier Hotel project has created increased parking demands and burdens upon the Cavalier Shores neighborhood. The Cavalier Shores designation would commence 30 days after adoption and end one year from adoption or at such time as the City Council determines, by resolution, that the construction project has ended and no longer imposes an undue burden on the neighborhoods. • Public Information: Public information will be provided through the normal Council agenda process. • Alternatives: The other alternatives before the City Council regarding parking at the Cavalier Shores neighborhood are: (1) provide no parking management program; (2) allow the neighborhood to participate in the current RPP Program that restricts parking from 8 p.m. to 6 a.m. daily; (3) adopt the alternative Pilot Program ordinance also on the March 5th City Council agenda; or (4) adopt the previously deferred 2017 proposal for Cavalier Shores extending hours and excluding employee permits that is also on the March 5th City Council agenda. • Attachments: Ordinance; Resolution REQUESTED BY COUNCILMEMBER NYGAARD ALTERNATIVE ORDINANCE REQUESTED BY COUNCILMEMBER NYGAARD 1 AN ORDINANCE TO ADD SECTIONS 21-361 THROUGH 2 21-371 TO THE CITY CODE CREATING THE TEMPORARY 3 CONSTRUCTION PARKING PERMIT PROGRAM 4 5 SECTIONS ADDED: § 21-361 through 21-371 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 21-361 through 21-371 are hereby added to the City Code of the 11 City of Virginia Beach, Virginia, to create the Temporary Construction Parking Permit 12 Program with such sections to read as follows: 13 14 DIVISION 4. TEMPORARY CONSTRUCTION PARKING PERMIT PROGRAM 15 16 Sec. 21-361. — Objectives. 17 18 This Division is adopted in order to mitigate traffic congestion and parking scarcity 19 on public streets within residential neighborhoods adjacent to ongoing commercial 20 construction projects; to protect the residents of neighborhoods adjacent to ongoing 21 commercial construction projects from unreasonable burdens in gaining access to their 22 residences; and to protect and preserve the peaces good order, convenience and 23 character of residential neighborhoods located adjacent to ongoing commercial 24 construction projects. 25 26 Sec. 21-362. — Definitions. 27 28 As used in this Division: 29 30 ) Motor Vehicle shall have the meaning set forth in § 46.2-100 of the State Code, 31 and shall also include mopeds and motorcycles, as defined therein. 32 33 Residence shall mean a single-family dwelling or a dwelling unit, as defined in 34 Section 111 of the City Zoning Ordinance [Appendix Al. 35 36 Lcj Temporary Construction Parking Permit Area shall mean a geographic area 37 designated by resolution of the City Council as described in Section 21-363. 38 39 j Commercial Construction shall mean construction other than single family 40 residential or duplex residential construction and with a construction cost of 41 more than $5 million. 42 43 ifj Ongoing Construction shall mean commercial construction projects that have 44 not yet received a certificate of occupancy. 45 46 Sec. 21-363. — Designation of Temporary Construction Parking Permit Area. 47 48 The City Council may, by resolution, designate one or more geographic areas 49 adjacent to an ongoing construction project as a Temporary Construction Parking Permit 50 Area. The resolution making such designation shall specify a fixed period of time during 51 which the designation shall be in effect beginning no earlier than thirty (30) days following 52 passage of the resolution. The resolution shall provide an ending date for such 53 designation which shall be no later than one year following the passage of the resolution 54 unless otherwise specified in such resolution. 55 56 Sec. 21-364. — Parking Restrictions. 57 58 (a) In any area designated as a Temporary Construction Parking Permit Area, it shall 59 be unlawful for any person to park or otherwise leave unattended any all-terrain 60 vehicle, bicycle, electric personal assistive mobility device, electric power-assisted 61 bicycle, electric-powered wheeled device, gas-powered wheeled device, low- 62 speed vehicle, moped or similar wheeled device on the street. 63 64 (b' In any area designated as a Temporary Construction Parking Permit Area, it shall 65 be unlawful for any person to park any Motor Vehicle on a street anywhere within 66 the Temporary Construction Parking Permit Area for longer than a three (3) hour 67 period in a day unless there is a valid temporary parking permit or temporary guest 68 pass plainly visible from the exterior of the vehicle. 69 70 kcj The provisions of subsection b of this section shall not apply on weekends or 71 holidays as enumerated in subsections (1) through (10) of Section 2-83. 72 73 (d) The prohibitions in this section shall not apply to emergency or governmental 74 vehicles or to delivery or service vehicles serving the residential community while 75 engaged is such service or delivery. 76 77 Sec. 21-365. — Permits Generally. 78 79 (a) Following the designation of a Temporary Construction Parking Permit Area, the City 80 Treasurer or city's parking management office shall issue temporary parking permits 81 for the area so designated. One (1) permit shall be issued, upon application and 82 payment of the prescribed fee, if applicable, for each motor vehicle owned by a 83 person residing on a street within the Temporary Construction Parking Permit Area, 84 or on a street within a residential area that is contiguous to the Temporary 85 Construction Parking Permit Area as specified in subsection (b). 86 87 (b) An applicant for a permit shall present his motor vehicle registration and operator's 88 license with the application. No permit shall be issued in the event either the 2 89 registration or operator's license shows an address not within a Temporary 90 Construction Parking Permit Area, unless the applicant demonstrates to the 91 satisfaction of the City Treasurer or city's parking management office that he is, in 92 fact, a resident of such area, or that he is a resident of a residential area which is 93 contiguous to a Temporary Construction Parking Permit Area and in which neither 94 off-street nor nonmeter-regulated on-street parking is available. Any applicant who is 95 a resident of such a contiguous Temporary Construction Parking Permit Area shall, 96 upon receipt of a permit issued hereunder, be permitted to park in the Temporary 97 Construction Parking Permit Area. Registered temporary construction parking permit 98 holders may obtain temporary quest passes by applying to either the city treasurer's 99 office or the city's parking systems management office. Temporary quest passes shall 100 be issued and validated for up to seventy-two (72) hours. 101 102 (c) Permits issued pursuant to subsection (a) shall not be transferable, and may be 103 revoked in the event the City Treasurer determines that the owner of the vehicle for 104 which a permit has been issued no longer resides in the Temporary Construction 105 Parking Permit Area. Upon written notification of such revocation, the holder of the 106 permit shall surrender such permit to the City Treasurer. The willful failure to 107 surrender such permit shall be punishable by a fine in the amount of twenty-five 108 dollars ($25.00). 109 110 (d) A replacement permit shall be issued upon proof of loss, theft or damage of the 111 original permit, and payment of the replacement fee prescribed in Section 21-370. 112 113 Sec. 21-366. — Signs. 114 115 Following the designation of a Temporary Construction Parking Permit Area, the 116 traffic engineer shall cause to be posted in appropriate locations within such areas such 117 signs indicating the restrictions set forth in Section 21-364. 118 119 Sec. 21-367. — Unauthorized use or display of permit. 120 121 It shall be unlawful for any person to use or display, or to allow to be used or 122 displayed, a permit issued under this Division upon any vehicle other than the vehicle for 123 which the permit was issued. 124 125 Sec. 21-368. — Obtaining permit by false pretenses. 126 127 It shall be unlawful for any person to falsely represent himself as eligible for a 128 permit under this Division or to furnish any false information in, or in conjunction with, an 129 application for a temporary construction parking permit. 130 131 Sec. 21-369. — Penalties for violation of restrictions. 132 133 (a) When a notice or citation is attached to a vehicle parked in violation of Section 21- 134 364, the owner may within fourteen (14) calendar days thereafter, pay to the City 3 135 Treasurer, in satisfaction of such violation, a penalty of seventy dollars ($70.00). If 136 such payment is not postmarked or received by the City Treasurer within fourteen 137 (14) calendar days after receipt of such notice or citation, the penalty therefore 138 shall be one hundred forty dollars ($140.00). Additionally, any vehicle parked in 139 violation of Section 21-364 may be towed at the direction of a law enforcement 140 officer. 141 142 The failure of any owner to make payment in accordance with subsection (a)above 143 or to present the notice or citation for a violation of Section 21-364 at an office of 144 the City Treasurer for certification to the General District Court within thirty (30) 145 days shall render such owner subject to a fine of not more than fifty dollars($50.00) 146 in addition to the penalty set forth in subsection (a) above. 147 148 ipj A violation of Section 21-367 or 21-368 shall be punishable by a fine in an amount 149 not to exceed one hundred dollars ($100.00). 150 151 Sec. 21-370. — Fees. 152 153 Fees required under this Division shall be set in an amount to be determined by the City 154 Manager or his designee. For a temporary quest permit, no fee. No more than two (2) 155 temporary guest permits shall be issued per week per residence. The city's parking 156 systems management office may consider requests for more than two (2) temporary 157 quest permits per week per residence on a case-by-case basis. 158 159 Sec. 21-371. — Appointees to enforce parking regulations. 160 161 The City Manager shall be authorized to appoint city personnel and/or personnel 162 serving under contract with the City, in addition to regular police officers of the city, to 163 enforce the provisions of this Division. Such personnel shall, while performing their duties 164 pursuant to this Division, wear a uniform prescribed by the City Manager. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14619 R-3 February 13, 2019 4 REQUESTED BY COUNCILMEMBER NYGAARD 1 A RESOLUTION TO DESIGNATE A TEMPORARY 2 CONSTRUCTION PARKING PERMIT AREA 3 4 WHEREAS, the construction related to the Cavalier Hotel project has created 5 increased parking demands upon the Cavalier Shores neighborhood necessitating the 6 designation of such neighborhood for the Temporary Construction Parking Permit 7 Program; 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 12 That a Temporary Construction Parking Permit Area is hereby designated for 13 purposes of City Code § 21-363 in the following area: 14 15 Cavalier Shores: the south side of 45th Street; the alley between 45th Street and 16 44th Street; both sides of 44th, 43rd 1/2, 43rd, and 42nd 1/2 Streets; the north side 17 of 42nd Street; the alley that runs parallel to the west side of Atlantic Avenue from 18 Cavalier Drive to 45th Street; and the north side of Cavalier Drive between Holly 19 Road and Ocean Front Avenue. 20 21 That thedesignation for Cavalier Shores set forth above shall commence thirty 22 (30) days from the adoption of this resolution and shall end on February 5, 2020, which 23 is one year from the date of adoption, or at such time as the City Council determines by 24 resolution that the construction project has ended and no longer imposes an undue 25 burden on the neighborhood. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: City Att• -y's Office CA14620 R-1 February 5, 2019 I. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY a. 457+/- acres on North Landing Road b. 9.7+/- acres at 1401 Southern Boulevard 2. ACQUISITION BY AGREEMENT 0.18+/- acres at Burton Station near Miller Store Road 3. DECLARATION AND SALE OF EXCESS CITY PROPERTY 6.4 acres at Princess Anne Road and Community College Place �SHtn'.�P11 r4 : *yy7 4 , '°Zs. ri PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, February 19,2019,at 6:00 p.m.in Council Chamber,City Hall-Bldg.#1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following property: 457+/-acres on N.Landing Road (all or part of GPINs: 1494-02- 1476.1494-03-5237,1494-13- 7202,1484-81-7296,1484-71- 9043,1484-71-2633,1484-74- 8490 and 1484-94-8243) If you are physically disabled or visually Impaired and need assistance at this meeting. please call the CITY CLERK'S OFFICE at 7573854303; Il Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works- Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center, ATTN: Barry Shockley,(757)385-5659. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon: February 10,2019 " viz 4t.L.4. Zl "Lo PUBLIC HEARING LEASE OF CRY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday, February 19, 2019 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center.The purpose of this hearing will be to obtain public comment on the City's proposal to lease the following property: Approximately 9.7±acres of land located at 1401 Southern Boulevard,Virginia Beach.VA (GRIN:2417-24-1080) Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is(757)385-5659. 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). All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: 02/10/2019 fo° ��r Z i,:4w PUBLIC HEARING ACQUISITION BY AGREEMENT The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement, of 0.18+/-acres of land, known as GPINs 1459-71-4479 and 1459-71- 6441,located in Burton Station near Miller Store Road,from Oakwood& Lakeside Associates, Tuesday, February 19,2019 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center, Virginia I\ Beach,Virginia. The purpose of this hearing will be to obtain public input regarding authorizing this acquisition which are intended for the future development of business and/or industry. If you are physicaly disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the SGA Main Office, at 4525 Main Street, Suite 710,(757)385-2900. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon: February 10,2019 f , - A'AGq� ass°�iy few 7 ‘,„„,,,,,,inlidg Yer CITY OF VIRGINIA BEACH AGENDA ITEM .1 ITEM: An Ordinance to authorize the acquisition of 0.18+/- acres of land, known as GPINs 1459-71-4479 and 1459-71-6441, located in Burton Station from Oakwood & Lakeside Associates MEETING DATE: March 5, 2019 • Background: Oakwood & Lakeside Associates, a Virginia general partnership ("Oakwood"), owns two parcels of unimproved property comprising approximately 0.18 acres of land located in Burton Station (collectively, the "Property"). Oakwood had inquired into whether the City would be interested in purchasing due to other City acquisitions in the area. The City Council was briefed in closed session regarding this matter on December 5, 2017 and recommended that the City proceed with the acquisition. The Burton Station Strategic Growth Area (SGA) Project includes acquisition by the City in order to assemble property for implementation of the Burton Station SGA Plan. Adjacent to these two parcels, the City owns several parcels of land with the intention of facilitating light industrial development to meet the goals of the Burton Station SGA Plan. A recent plan update was adopted by City Council November, 2018 which reflects existing conditions and recommends a blend of mixed-use, commercial and light industrial development. • Considerations: City staff and Oakwood have reached an agreement, subject to Council approval, on the purchase price and the terms of the acquisition. The agreed purchase price is $16,000 and is recommended to be funded from CIP 9- 081 (Strategic Growth Area Projects). • Public Information: Advertisement of City Council Agenda and advertisement of public hearing. Virginia Code Section 15.2-1802 requires a public hearing when a locality acquires land for the development thereon of business and industry. A public hearing is scheduled for February 19, 2019. • Alternatives: Decline to acquire the Property. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: SGA Office City Manager: 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 0.18+/- ACRES OF LAND, 3 KNOWN AS GPINS 1459-71-4479 AND 1459- 4 71-6441, LOCATED IN BURTON STATION 5 FROM OAKWOOD & LAKESIDE 6 ASSOCIATES 7 8 WHEREAS, Oakwood & Lakeside Associates, a Virginia general partnership 9 ("Oakwood"), owns two parcels of unimproved property comprising approximately 10 7,713.86 square feet (+/- 0.18 acres) located in Burton Station in the City of Virginia 11 Beach, Virginia (collectively, the "Property"), as further described on Exhibit A, attached 12 hereto and incorporated herein; 13 14 WHEREAS, Oakwood desires to convey the Property to the City of Virginia 15 Beach (the "City") for $16,000; 16 17 WHEREAS, the City has determined that the acquisition of the Property would 18 further the City's goals associated with the implementation of the Burton Station 19 Strategic Growth Area Plan; 20 21 WHEREAS, funding for the acquisition is available in the Strategic Growth Area 22 Projects, CIP 9-081; and 23 24 WHEREAS, Oakwood has agreed to convey the Property to the City in 25 accordance with the Summary of Terms attached hereto as Exhibit B, and incorporated 26 herein. 27 28 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA: 30 31 1. That the City Council authorizes the acquisition of the Property by 32 purchase pursuant to § 15.2-1800 and § 15.2-1802 of the Code of Virginia (1950), as 33 amended, which Property is generally identified as GPINs 1459-71-4479 and 1459-71- 34 6441 and further described on Exhibit A. 35 36 2. That the City Manager or his designee is further authorized to execute all 37 documents that may be necessary or appropriate in connection with the purchase of the 38 Property, so long as such documents are in accordance with the Summary of Terms 39 attached hereto as Exhibit B and made a part hereof, and such other terms, conditions 40 or modifications as may be acceptable to the City Manager and in a form deemed 41 satisfactory by the City Attorney. 42 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of , 2019. CA12576 R-1 PREPARED: 2/6/19 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM SGA OFFICE CITY TTO EY APPROVED AS TO AVAILABILITY OF FUNDS c'ov ' /9-0Paj 4.1(AA FINANCE EXHIBIT "A" Legal Description GPIN: 1459-71-4479 All those certain lots, pieces or parcels of land, together with the improvements thereon, former owner unknown and escheated to the Commonwealth of Virginia, situate, lying and being in the City of Virginia Beach, Virginia, more particularly known as "Lots 2 and 3, Oakwood, Tax or Parcel Number B-4-1-20-2". GPIN: 1459-71-6441 All that certain lot, piece or parcel of land, together with the improvements thereon, former owner unknown and escheated to the Commonwealth of Virginia, situate, lying and being in the City of Virginia Beach, Virginia, more particularly known as "Lot 10, Oakwood, Tax or Parcel Number B-4-2-40-10". IT BEING the same property conveyed to Oakwood & Lakeside Associates, a Virginia general partnership, by deed dated June 24, 1980 from John N. Dalton, Esquire, Governor of the Commonwealth of Virginia and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2182, at page 371 (Lots 2 and 3); and by Deed recorded in the aforesaid Clerk's Office in Deed Book 2182, at page 372 (Lot 10). By Quit Claim Deed dated November 30, 1995, Nancy R. Miller, married, Quitclaims, Remises and Releases all right title and interest in said property to Alton A. Miller, general partner of Oakwood & Lakeside Associates, a Virginia general partnership, pursuant to a Property Settlement Agreement, and recorded in the aforesaid Clerk's Office in Deed Book 3629, at page 1486. EXHIBIT "B" SUMMARY OF TERMS OWNER: Oakwood & Lakeside Associates, a Virginia general Partnership BUYER: City of Virginia Beach PROPERTY: Approximately 0.18+/- acres of land, known as GPINs 1459-71- 4479 and 1459-71-6441, located in Burton Station CONSIDERATION: $16,000 SOURCE OF FUNDS: CIP 9-081 ADDITIONAL TERMS: • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Agreement of Sale. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. .. > \. p ei Q T N LU W LL O p .. ,14' a, p rn W CL CZ r W - ,, Y LLQ = CC I" jO Z ti N o a Q d s � Nvi (15 i\ T A 11 * -J VO r X m H O C) ti "mit O 1 in j Y T ZQZ W Ay v" ,y* AU , *nil '-‘- O $ i'• „ '''',.. ( /44- Mit//44p p- 4IEVw # . 1 t ,r *VW _.„,t,..„ allillipie PI" v liii 08 3801 iity&tiatais**** be�311IW O - 7 n brif)Wiliii �. 1- iVN1dS - -M1 � _ - -./ L O asa QNOkv,o O,r O ._ ,,,,O1 , •c a lL i O ..., 'iIIIIMIX a c �vw�`��A''•`� a p 1‘13 Virginia Beach NAME �6acc /�Ce��9c/ ' APPLICANT'S . 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 1 Modification of by City PropertyConditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning A. •eats Certificate of Floodplain Variance (HistoricReview Board) Street Closure AppropriatenessFranchise Agreement � J Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit l License Agreement Wetlands Board a 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 / aist,csures n;.,st De updated two t21 weeks p;:c t., 4.:y Page 1 of 7 Plannine,Commission and City Council meetin:u that pertains to the a:plicationtsi. IV APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE 1/S1/1 1 aJ REVISIONS SUBMITTED DATE !!! Virginia Beach Check here if the APPLICANTIS 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: Oakwood and Lakeside Associat If an LLC, list all member's names: Partnership of C.S. Hines, Alton Miller and Bruce Murphy If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 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. X 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:Oakwood and Lakeside Associat€ If an LLC, list the member's names: Partnership of C.S. Hines, Alton Miller and Bruce Murphy Page 2 of 7 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or an/ 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 I PROVIDER (use additional sheets if needed) n Inl Accounting and/or preparer of I ' f/,I your tax return X Architect/ Landscape Architect/ I Land Planner � Contract Purchaser(if other than UISI the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Inl/`' purchaser of the subject property (identify purchaser(s) and purchaser's service providers) l i X Construction Contractors u I^ Engineers /Surveyors/ Agents Financing (include current a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CLegal Services Real Estate Brokers / ❑ X Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A. •lication C.S. Hines r-rnw APPLICANT'S SIGNATURE PRINT NAME ATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE ( PROVIDER(use additional sheets if needed) I-1 ® 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)IJ Construction 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) I m Legal Services Real Estate Brokers / ❑ x Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 1/1B 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. C.S. Hines PROPERTY OWNER'S SIGNATURE PRINT NAME DATE • Page 7 of 7 �u•e� liltv r� ; j iLoo.+. PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, February 19,2019,at 6:00 p.m.,in the Council Chamber of City Hall (Bldg.1) at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following property should be declared excess of the City's needs and authorized for sale to Princess Anne Hotel,LLC: Approximately 6.4 acres of property located at the intersection of Princess Anne Road and Community College Place(GPINs: 1485-34-9414 and 1485-44- 2154) If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing Impaired, call 711(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this matter should be directed to Dept.of Economic Development,4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, (757) 385-6464, (ecdev@vbRov.com). All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon: February 10,2019 J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Resolution to AUTHORIZE the City to become a member of the American Flood Coalition 2. Ordinance to ADD City Code Section 18-108.2 re license code for mobile food vending 3. Ordinances to AUTHORIZE the City Manager to EXECUTE a Lease of city-owned property for one year, with four optional one-year renewals with: a. Land of Promise Farms Partnership for 457+/- acres on North Landing Road b. MEB General Contractors, Inc., at 1401 Southern Boulevard re store construction materials and use as a laydown yard 4. Ordinance to EXTEND the date for satisfying the conditions re closure of one-half of an unimproved, unnamed alley adjacent to the rear of 829 South Atlantic Avenue in Croatan 5. Ordinance to AUTHORIZE temporary encroachment into a portion of existing right-of-way known as Island Lane located at the front of 3004 Island Lane re maintain an existing paver driveway and a 2'X 2' brick wall 6. Ordinance to AUTHORIZE the donation of reclaimed concrete to Lynnhaven River NOW re create a sanctuary reef in the Western Branch of the Lynnhaven River 7. Ordinance to AMEND the Adopted FY 2018-2019 Capital Improvement Program(CIP) Project Description and Scope for Aragona Drainage Improvements re AUTHORIZE the acquisition of necessary property and easements 8. Ordinance to APPROPRIATE $1.8-MILLION from General Fund Balance to Risk Management Internal Service Fund re insurance premiums and self-insurance claims 9. Ordinance to ACCEPT and APPROPRIATE $50,000 from Virginia Department of Emergency Management to the Fire Department FY 2018-19 Operating Budget re purchase equipment for the Technical Rescue Team N,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City of Virginia Beach to Become a Member of the American Flood Coalition MEETING DATE: February 19, 2019 • Background: The sea level in Hampton Roads has risen 14 inches since 1950, 6 inches in the last 26 years, and with its speed increasing in recent years, scientific projections now forecast another 3 to 4 inches in the next 13 years. Sea level rise poses a serious threat to coastal Virginia, especially given the sinking land beneath much of the area which causes up to half of Virginia's sea level rise. The rate of sea level rise in the Hampton Roads region is within the top ten percent of the nation, and long-term records of water levels in southeast Virginia gauges have relative sea level rise trends that are almost twice the global average, primarily because of the relatively high rate of subsidence in Hampton Roads. Proactively investing to prevent flooding is a wiser use of resources than spending on flooding recovery, as exemplified by FEMA research showing that$1 spent on disaster prevention saves between $4 and $7 in recovery costs. National coordination and support help coastal cities to fully address the challenge of flooding and sea level rise, and the American Flood Coalition provides a platform advocating for national solutions to flooding and sea level rise that invest in and protect our coastal communities. The American Flood Coalition is a forum for best practices and support in developing local and state-level responses to flooding and sea level rise that will enhance the City's resilience efforts. The American Flood Coalition provides opportunities and tools to communicate with residents on flooding challenges and solutions. • Considerations: Joining the American Flood Coalition will aid the City's efforts to protect against flooding without requiring any financial support or dues from the City. This resolution provides that the City will join the American Flood Coalition and work with the coalition to safeguard the welfare of the City's residents. • Public Information: This item will be advertised as part of the normal City Council agenda process. • Attachments: Resolution, information sheets, bylaws and certificate of incorporation Requested by Councilmembers Abbott and Wooten REQUESTED BY COUNCILMEMBERS ABBOTT AND WOOTEN 1 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO BECOME A MEMBER OF THE AMERICAN 3 FLOOD COALITION 4 5 WHEREAS, flooding during king tides is already a costly nuisance and a problem 6 that if unaddressed will grow worse as sea levels continue to rise; and 7 8 WHEREAS, the sea level in Hampton Roads has risen 14 inches since 1950, 6 9 inches in the last 26 years, and with its speed increasing in recent years, scientific 10 projections now forecast another 3 to 4 inches of sea level rise in the next 13 years; and 11 12 WHEREAS, sea level rise poses a serious threat to coastal Virginia, especially 13 given the sinking land beneath much of the area which causes up to half of Virginia's sea 14 level rise; and 15 16 WHEREAS, the rate of sea level rise in the Hampton Roads region is within the 17 top ten percent of the nation, and long-term records of water levels in southeast Virginia 18 gauges have relative sea level rise trends that are almost twice the global average, 19 primarily because of the relatively high rate of subsidence in Hampton Roads; and 20 21 WHEREAS, proactively investing to prevent flooding is a wiser use of resources 22 than spending on flooding recovery, as exemplified by FEMA research showing that $1 23 spent on disaster prevention saves between $4 and $7 in recovery costs; and 24 25 WHEREAS, national coordination and support are necessary for coastal cities to 26 fully address the challenge of sea level rise and flooding, and the American Flood 27 Coalition provides a platform advocating for national solutions to flooding and sea level 28 rise that invest in and protect our coastal communities; and 29 30 WHEREAS, the American Flood Coalition is a forum for best practices and support 31 in developing local and state-level responses to flooding and sea level rise that will 32 enhance the City's resilience efforts; and 33 34 WHEREAS, flooding and sea level rise are important issues that our residents 35 should understand, and the American Flood Coalition provides opportunities and tools to 36 communicate with residents on flooding challenges and solutions; and 37 38 WHEREAS,joining the American Flood Coalition will aid the City's efforts to protect 39 against flooding without requiring any financial support or dues from the City; and 40 41 WHEREAS, the City Council provided funding to specifically identify the potential 42 impacts of flooding and sea level rise and develop a comprehensive long-term response 43 plan, and the City recently received a report it commissioned by Dewberry, a national 44 consulting firm with significant experience in developing strategies for coastal resiliency, 45 to help with planning for reducing the City's risk by assessing existing and future flood 46 vulnerability across the City's four unique watersheds (Atlantic Ocean, Elizabeth River, 47 Lynnhaven River, and Southern Rivers), with the results to be used to identify focus areas 48 for flood risk management; and 49 50 WHEREAS, the City also is identifying short- and long-term measures that will 51 reduce flooding risks for each watershed, including combinations of policy measures, 52 flood control structures, and structural engineering and nature-based solutions; and 53 54 WHEREAS, the City Council finds that joining the American Flood Coalition will 55 promote the welfare of City residents and ensure the continued prosperity of the City's 56 economy by accelerating solutions to flooding and sea level rise. 57 58 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 59 OF VIRGINIA BEACH, VIRGINIA: 60 61 That the City of Virginia Beach recognizes the need to advance national solutions 62 for flooding and sea level rise, and it will therefore join, and work as a member of, the 63 American Flood Coalition to safeguard the welfare of the City's residents. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO LEGAL SUFFICIENCY: .or-&e,A City Attorney's Office— CA14605 R-4 February 11, 2019 A WZ AMERICAN FLOOD COALITION FloodCoalition.org What is the American Flood Coalition? The American Flood Coalition is a nonpartisan group of elected officials, cities and counties, military groups, businesses, local leaders, and civic groups who have come together to drive adaptation to the reality of higher seas, stronger storms, and more frequent flooding. The coalition seeks to advance national solutions that support flood-affected communities and protect our nation's residents, economy, and military installations. What is the goal of the American Flood Coalition? The American Flood Coalition is focused on advocating for policy changes and practical national solutions to take action and address the issues posed by higher tides and greater flooding. We support policies that strengthen our economy, invest in our coastal communities, and safeguard our national security. With effective planning, our flood-affected communities can adapt and thrive. By investing in future-proofing planning and projects, we can protect our ports, highways, runways, businesses, schools, and homes while creating jobs and economic opportunities in our local communities. What is the American Flood Coalition's platform? We support policies that impact four key areas: • The economy: Investing in infrastructure and natural solutions that boost the economy and protect property values by creating dedicated federal funding and incentives for resilience. • Our communities: Using smart planning to keep communities safe and save taxpayer dollars by expanding pre-disaster mitigation programs and adopting resilient standards for federal spending. • Building back stronger: Rebuilding our communities with a clear-eyed view of future risk to protect them from future flooding. • The military: Ensuring readiness 365 days a year by giving the military the authority to assess and address the impact of flooding on- and off-base. Is the American Flood Coalition only focused on flooding and sea level rise? Yes—flooding and sea level rise are serious and immediate issues that flood-affected communities and the hundreds of millions of Americans who live there are experiencing today and we believe it deserves our full attention. What makes the American Flood Coalition different from other groups involved in this issue? The American Flood Coalition is unique in its focus on flooding and sea level rise and our breadth of members who are advocating for solutions and national policies to protect our communities. No other organization brings together this range of different organizations, cities, and individuals who are collectively advocating for solutions that address flooding at the national level. NATIONAL SOLUTIONS TO FLOODING AND SEA LEVEL RISE W AMERICAN FLOOD COALITION Who are the members of American Flood Coalition? Our network of members includes elected officials, military groups, cities and counties, nonprofit organizations, businesses, and local leaders. We have a full list that we can share with you. Are there any costs or legal obligations to joining? No, there are not. Membership is entirely informal, costs nothing, does not create any legal ties or obligations, and any member is free to withdraw at any point. How is the American Flood Coalition being funded? While we are not legally required to disclose our donors, we're happy to share them. They are: • Larry Linden, founder of the Linden Trust for Conservation, and • Jay Faison, entrepreneur and philanthropist, and founder of ClearPath Foundation • Bipartisan Policy Center Why are flooding and sea level rise urgent issues right now? Flooding and sea level rise are urgent because 1 in 8 Americans live within the 100-year floodplain, despite FEMA's flood maps estimating only 1 in 25 Americans are at risk. This does not include coastal flooding, which impacts our nation's 18 low-lying military bases, 37 major ports, and 125 million Americans at growing risk from its impacts. We must proactively protect our flood-affected communities and not wait for another disaster like Harvey or Florence. Here's what we know: Proactive solutions save money: Every $1 spent on pre-disaster mitigation saves up to $7 in disaster relief. This not only protects communities, but ensures we are faithful stewards of the taxpayer's money. The situation is urgent: • In Florida, since 2000, sea level rise of just 3 inches has increased flooding in parts of the state by 300%, and the rate of sea level rise has tripled. It took 66 years for the sea level to rise eight inches around Miami. Another 8 inches are projected in the next 20. • In Hampton Roads, Virginia, home to the largest naval base in the world, sea levels have risen 6 inches since 1990. Projections estimate another 6 inches by 2030. Hampton Roads is experiencing the highest rate of sea level rise on the East Coast. It's a major economic issue: Our crucial economic drivers - our ports, tourism and hospitality industries, and real estate, among others - are under siege from rising waters. Impacting these has ripple effects throughout the state, not just the coast. It's a national security issue: At least 18 of our military bases are low-lying, which increases their risks for flooding. For example, Norfolk Naval Base in Virginia has flooding that shuts down the access road to base about 10 times a year. This impacts our soldiers' ability to get onto base, train, and perform maintenance, reducing combat readiness. 10 of the 14 piers must be shut down during heavy rain and higher tides than normal, reducing preparedness. We must face these issues head on if we're going to preserve our way, and quality, of life. NATIONAL SOLUTIONS TO FLOODING AND SEA LEVEL RISE AMERICAN FLOOD COALITION Executive Board Jay Faison, Founder and CEO, ClearPath Walter L. Revell, Chairman of the Board and CEO, Revell Investments International Larry Linden, Founder and Trustee, Linden Trust for Conservation Michael J.Walsh,Major General (Ret.), Executive VP, Dewberry; National Program and Michelle Moore, CEO, Groundswell, Inc. Resilience Solutions Group Leader Executive Staff Melissa Roberts, Executive Director Justin Monk, Policy& Partnerships Associate Summer Modelfino,Strategic Initiatives Associate Advisory Board Irela Bague, President and CEO, Bague Group Jake Johansson,City Manager, Port Orange, Florida Williams Cogswell,Jr.,State Rep., South Carolina-110th District Billy Keyserling, Mayor of Beaufort,South Carolina Kelly Convirs-Fowler,State Del.,Virginia-21st District Susan Lyons, Chair of Steering Committee, Groundswell! Daniel Dietch, Mayor of Surfside, Florida Mel J. Meinhardt, Founder, Flood Shield Josh Dix, Dir. of Government Affairs, Charleston Trident Association of REALTORS Sandy Senn, State Sen.,South Carolina-41st District Rick Dwyer, Deputy Executive Director, Hampton Roads Military and Federal Facilities Nancy Shaver, Mayor of St.Augustine, Florida Alliance (HRMFFA) Philip Stoddard, Mayor of South Miami, Florida Carol Jackson,City Councilmember,Charleston, South Carolina 12th District Carolee Williams, Lowcountry Field Director, Conservation Voters of South Carolina Primary Funding Sources Larry Linden,founder of the Linden Trust for Conservation, and Jay Faison,entrepreneur and philanthropist,and founder of the ClearPath Foundation, and Bipartisan Policy Center,a nonprofit think tank that promotes bipartisanship Bylaws of AMERICAN FLOOD COALITION, INC. ARTICLE I Organization Section 1.01 Corporate Status American Flood Coalition, Inc. (the "Corporation") shall be a registered nonprofit corporation in Delaware with tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. Section 1.02 Members The Corporation shall have no members. ARTICLE II Board of Directors Section 2.01 Power of the Board The business and affairs of the Corporation shall be managed by the Board, and final authority for all corporate matters shall reside in the Board. Section 2.02 Composition of the Board The Board shall determine the number of directors,which shall consist of no less than one, but no greater than fifteen directors. The number of directors may be increased or decreased from time to time by the Board. All directors, other than the initial directors, shall be elected by a majority vote of the Board and shall serve until the next annual meeting,or until their death, resignation, removal, or disqualification,whichever is earlier; provided,however,that despite the expiration of a Director's term,he or she shall continue to serve until a successor is elected and qualified. All members of the Board may be reelected for successive terms. Section 2.03 Meetings The Board shall meet at least once a year for the purpose of approving the Corporation budget and electing directors and officers. The President shall determine the frequency, location,and time for meetings of the Board. Section 2.04 Vacancies If a vacancy occurs on the Board,the vacancy may be filled by the Board as provided in 2.02 above,and the Director elected to fill such vacancy shall serve out the expired term. If the Directors remaining in office constitute fewer than a quorum of the Board,they may fill the vacancy by the affirmative vote of a majority of all Directors remaining in office. 220276022.1 96169/338185 Section 2.05 Removal of Directors Except as otherwise required by law, a director may be removed with or without cause at any time by action of the Board,provided that such action is taken at a meeting of the Board called expressly for that purpose. Section 2.06 Quorum of Directors and Action by the Board Unless a greater proportion is required by law,a majority of the number of directors shall constitute a quorum for the transaction of business. Except as otherwise provided in these Bylaws or by law,if a quorum is present when a vote is taken,the affirmative vote of a majority of the Directorspresent shall be the action of the Board. Section 2.07 Attendance A director may attend a meeting of the Board or a committee of the Board in-person or may appear via telephone,video conference or other similar method of two-way communication by which all persons participating in the meeting are able to hear one another. A director participating in a meeting by such means shall be deemed to be present in person at the meeting. Section 2.08 Action by Directors without a Meeting Unless otherwise restricted by the Articles of Incorporation or these Bylaws,any action required or permitted to be taken by the Board may be taken without a meeting if all directors consent in writing to the adoption of a resolution authorizing the action. Action under this provision is effective when the last director consents to the action. An e-mail expressing approval shall constitute approval in writing for the purposes of this section. Section 2.09 Compensation of Directors Corporation shall not pay any compensation to directors for services rendered in their capacities as directors,except that directors may be reimbursed for expenses incurred in the performance of their duties. Section 2.10 Chairperson of the Board The President shall serve as Chairperson of the Board. ARTICLE III Committees Section 3.01 Authority and Rules (a) The Board may,by majority vote, designate from among the Directors any number of committees. Except as prohibited by applicable law, each such committee shall have the authority delegated to it by the Board. The provisions of these Bylaws which govern meetings,actions without meetings, notice and waiver of notice,and quorum and voting requiremetns of the Board apply to committes and their members as well. (b)Any such committee shall serve at the pleasure of the Board. 220276022.1 96169/33 818 5 ARTICLE IV Officers Section 4.01 Board Officers The Board shall elect from its membership a President, a Secretary, and a Treasurer (collectively"the Board Officers"). Any number of offices may be held by the same person. Section 4.02 Terms of Office Each officer shall hold office until the next annual meeting,until his or her successor has been elected or appointed and qualified (unless the officer is removed, dies or resigns). Unless otherwise provided by resolution, officers elected to fill vacancies shall serve the duration of the term of the prior officer they are replacing. Section 4.03 Removal The Board,by a majority of all serving directors, may remove any officer whenever in its judgment said removal is in the best interest of Corporation. Section 4.04 Powers and Duties of Officers a) The President shall supervise the affairs of Corporation in accordance with policies and directives approved by the Board. b) The Secretary shall be responsible for the keeping of an accurate record of the proceedings of all meetings of the Board. c) The Treasurer shall oversee the funds and securities; provide complete and accurate accounts of receipts and disbursements; and oversee the raising and receipt of funds. ARTICLE V Miscellaneous Section 5.01 Fiscal Year The fiscal year shall be the calendar year ending on December 31. Section 5.02 Books and Records to Be Kept Corporation shall keep at its principal registered office: a) Correct and complete books and records of account, b) Minutes of the proceedings of the Board and any committees thereof, c) Copies of its application for recognition of tax-exempt status, d) Copies of letters granting exemption from taxation, and e) Copies of all Forms 990 that it has filed with the Internal Revenue Service. 220276022.1 96169/338185 Section 5.03 Amendment of Articles and Bylaws The Articles of Incorporation may be adopted,amended or repealed in whole or in part by a majority vote of the directors i n office. The Bylaws of the Corporation may be adopted, amended or repealed in whole or in part by the Board. Section 5.04 Indemnification of Board Members The Corporation will,to the maximum extent legally permissible,indemnify each Director and Officer and former Director and Officer of the Corporation,and each individual who served at its request as a director, officer or trustee of another corporation,partnership, joint venture, trust, other enterprise or employee benefit plan,against expenses (including attorneys' fees),judgments,fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with or arising out of any threatened,pending or completed claim, action,suit,proceeding,issue or matter of whatever nature,whether civil, criminal, legislative, administrative or investigative, in which he or she may be involved as a party or otherwise by reason of his or her being or having been such director, officer or trustee, if the person acted (or refrained from acting) in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the Corporation, and with respect to any criminal action or proceeding,if the person had no reasonable cause to believe his or her conduct was unlawful. Section 5.05 Loans The corporation shall make no loans to its directors,officers,or employees. Section 5.06 Contributions and Disbursements. No contribution shall be accepted or any disbursement made that violates any provision of state or Federal law. Corporation shall at all times strictly adhere to its charitable and educational purpose and shall engage in only those activities allowable under section 501(c)(3) of the Internal Revenue Code. Section 5.07 Purpose The Corporation is organized and operated exclusively for charitable and educational purposes within the meaning of Section 50l(c)(3) of the Internal Revenue Code of 1986 (the "Code") and corresponding provisions of any subsequent United States internal revenue laws and shall carry on only those lawful activities permitted to be carried on by an organization that is exempt from United States federal income taxes under Section 501(a) of the Code and described in Section 501(c)(3) of the Code. Section 5.08 Law Any procedures not otherwise specified in these Bylaws shall be governed by the Delaware General Corporation Law. 220276022.1 96169/338185 • e State of Delaware Secretary of State Division of Corporations Delivered 05:46 PM 09/17.12018 FILED 05:46 PM 09i17/2018 SR 20186694635 - File Number 7061228 CERTIFICATE OF INCORPORATION OF AMERICAN FLOOD COALITION,INC. AN EXEMPT CORPORATION Pursuant to Sections 102 and 391(j)of the General Corporation Law of the State of Delaware,the undersigned hereby submits the Certificate of Incorporation for the purpose of forming an exempt Corporation under the laws of the Ste of Delaware. 1. Name. The name of the Corporation is American Flood Coalition,Inc.("Corporation"). 2. Initial Registered Office and Agent.The street address of the registered office is 919 North Market Street,Suite 950,Wilmington,DE 19801,located in New Castle County. The name of the initial registered agent of the Corporation at the foregoing address is InCorp Services,Inc. 3. Purpo c.This Corporation shall be a non-profit Corporation.The purpose of the Corporation is to engage in any lawful act or activity for which corporations may be organized under the General Corporation Law of Delaware.The Corporation Is organized exclusively for chantable, educational,and scientific purposes as described in Section 501(c)(3)of the Internal Revenue Code(the"Code"),or corresponding section of any future federal tax code. The Corporation will at all times be conducted as an organization described in Section 501(c)(3) of the Code.The Corporation will not carry on any activities which are not permitted to be carried on by(a)a corporation exempt from federal income tax under Section 501(c)(3)of the Code, (b)a corporation eligible to receive tax deductible contributions under Section 170(c)and Section 2055,Section 2522,or Section 2106 of the Code,or(c)a nonprofit corporation organized under the laws of the State of Delaware. No part of the assets or net earnings of the Corporation shall inure to the benefit of,or be distributable to its Directors,Officers,or other private persons;provided,however,that the Corporation is authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of its charitable purposes. No substantial part of the activities of the Corporation will be the carrying on of propaganda or otherwise attempting to influence legislation.The Corporation will not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office and will not publish or distribute statements relating to political campaigns. 4. Dissolution.Upon dissolution of the Corporation,any remaining assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3)of the Code as determined by the Board of Directors. 5. The Corporation shall not have any capital stock. 6. Conditions of Membership.. The conditions of membership shall be addressed in the bylaws. 7. Incorporator The name and mailing address of the incorporator is as follows: Melissa Roberts, 1342 Florida Avenue NW,Washington,DC 20009. This 13 day of September 2018 • Melissa Roberts [ ,.._ :,;' ..I. =t iz, ilk '4=,:w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 18-108.2 of the City Code Pertaining to the License Code for Food Truck Vending MEETING DATE: February 19, 2019 • Background: Mayor Dyer and Councilmember Abbott have requested that this ordinance in regard to license fees for Mobile Food Vending (Food Trucks) be placed on the City Council agenda. The rest of the Food Truck ordinances will come to City Council at a later date to allow them to be further vetted. However, this ordinance will allow food trucks to pay a lower license fee (the same as restaurants) than the $300 now required from them as peddlers. Business licenses have to be renewed and paid by March 1, 2019, thus the bifurcating of this Food Truck ordinance from the others. • Considerations: This ordinance will allow food trucks to pay the same as restaurants, instead of the higher peddler fee for business license renewals. • Public Information: Public meetings of the Food Truck Subcommittee of the Process Improvement Committee have involved staff, food truck owners and restaurant owners over the past ten months. Public information will also be provided through the normal Council agenda process. • Recommendations: Approval of the Ordinance. • Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Mayor Dyer and Councilmember Abbott City Manager. INIZ44144, 1 REQUESTED BY MAYOR DYER AND COUNCILMEMBER 2 ABBOTT 3 4 AN ORDINANCE TO ADD SECTION 18-108.2 OF 5 THE CITY CODE PERTAINING TO THE LICENSE 6 CODE FOR MOBILE FOOD VENDING 7 8 Section Added: City Code Section 18-108.2 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That Section 18-108.2 of the City Code is hereby amended by adding Section 18- 14 108.2, establishing the license code for mobile food vending, to read as follows: 15 16 CHAPTER 18. LICENSE CODE 17 18 . . . . 19 20 ARTICLE I. IN GENERAL 21 22 . . . . 23 24 ARTICLE II. LICENSE TAX SCHEDULE 25 26 . . . . 27 28 Sec. 18-108.2. Mobile Food Vending. 29 30 31 Lai. Vending food products at retail from a self-propelled motor vehicle or trailer 32 is recognized as a distinct activity (mobile food vending), except for a 33 vehicle operated solely for the sale of ice cream or other ice confectioneries, 34 candies or confections operated under the provisions of $13-46, et seq. or 35 for food delivery. 36 37i b) Each mobile food vendor shall pay a license tax rate of 0.20 percent of 38 gross receipts. The business license tax set forth herein shall only be 39 applied to gross receipts in the city and business licenses shall not be 40 transferable. 41 42 Lci No license shall be issued under this section, unless that applicant for such 43 license holds a permit from the Director of Health and the Fire Department. 44 45 (A) If the person vending food products at retail from a self-propelled motor 46 vehicle or trailer has a business license for a definite place of business in 1 47 the City of Virginia Beach, Virginia, then all motor vehicles located at the 48 definite place of business may be included in this license tax. In the 49 absence of a definite place of business, each vehicle or trailer shall obtain 50 a business license, and that license is to be based upon the gross receipts 51 for the retail transactions of such motor vehicle or trailer. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9 4llioditi- %. �•lilda Saun'de s B. Kay Wils• Interim Director of Planning Deputy City Atto ey I i. Phillip Kellam Commissioner of the Revenue CA14344 R-7 February 12, 2019 2 z 7,, i - CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to Five (5) Years with Land of Promise Farms Partnership for a 457+/- Acres of City- Owned Property Located on North Landing Road MEETING DATE: February 19, 2019 • Background: As part of the ITA/RAA Acquisition Program, an element of the City of Virginia Beach's (the "City") 2005 BRAC Response Plan, the City acquired (a) a 516+/- acre parcel of land located along North Landing Road (GPINs 1494- 02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71-9043 and 1484- 71-2633), formerly known as the Brown Farm, from Kempsville Presbyterian Church on August 23, 2011 ; (b) an 18+/- acre parcel of land located along Landstown Road (GPIN: 1484-74-8490) from the Association for Research and Enlightenment, Inc. on February 1, 2016; and (c) a 68+/- acre parcel of land located near Landstown Road (GPIN: 1484-94-8243), formerly known as the Bell Farm, from Jesse C. Bell and Zane Bell Basnight (collectively, the "City Property"). The City proposes to lease a 457+/- acre portion of farm land on the City Property, as shown on the attached location map (the "Premises"). A portion of the Premises was previously leased to Curtis Wolfarth until December 31 , 2017 for $125 per acre per year. A Request for Proposals (the "REP") for the lease of the Premises was advertised in The Virginian-Pilot as well as on the City of Virginia Beach website. Any interested parties had thirty (30) days to submit a proposal. The City received 3 responses, and staff reviewed the responses. In response to the RFP, Land of Promise Farms Partnership ("Land of Promise"), the highest ranked respondent, offered to lease the Premises from the City for $125.13 per acre ($57,184.43) for the first year, subject to a two percent (2%) annual rent escalation for four (4) successive years. • Considerations: The lease would be for a term of one year with four one-year renewal options. The renewal options would be at the mutual discretion of both parties. Land of Promise would pay the City $57,184.43 for the first year of the lease with a 2% escalation of rent for each renewal term. In addition, Land of Promise will maintain the drainage ditches and access roads that are part of the Premises, and will also maintain the security of the area and take steps to deter illegal dumping. • Public Information: The public hearing was advertised in The Virginian- Pilot on 02/10/19. • Alternatives: Change the terms of the proposed lease or deny leasing the Premises. • Recommendations: Approval. • Revenue restriction: The City funded the acquisition of the City Property through a partnership with the Commonwealth of Virginia. The proceeds from the lease of the Premises in the amount of $57,184.43 for year 1, $58,326.91 for year 2, $59,492.26 for year 3, $60,680.46 for year 4, and $61,896.08 for year 5 will be received and fifty (50) percent of these amounts will be deposited for future appropriation in future Capital Improvement Program capital budgets in CIP #9-059, Oceana Interfacility Traffic Area Conformity and Acquisition II, and fifty (50) percent 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 Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 FIVE (5) YEARS WITH LAND OF PROMISE FARMS 4 PARTNERSHIP FOR 457+/- ACRES OF CITY- 5 OWNED PROPERTY LOCATED ON NORTH 6 LANDING ROAD 7 8 WHEREAS, as part of the ITA/RAA Acquisition Program, an element of 9 the City of Virginia Beach's (the "City") 2005 BRAC Response Plan, the City 10 acquired (a) a 516+/- acre parcel of land located along North Landing Road 11 (GPINs 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81-7296, 1484-71- 12 9043 and 1484-71-2633), formerly known as the Brown Farm, from Kempsville 13 Presbyterian Church on August 23, 2011; (b) an 18+/- acre parcel of land located 14 along Landstown Road (GPIN: 1484-74-8490) from the Association for Research 15 and Enlightenment, Inc. on February 1, 2016; and (c) a 68+/- acre parcel of land 16 located near Landstown Road (GPIN: 1484-94-8243), formerly known as the Bell 17 Farm, from Jesse C. Bell and Zane Bell Basnight (collectively, the "City 18 Property"); 19 20 WHEREAS, the City funded the acquisition of the City Property through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth") pursuant 22 to the Oceana and Interfacility Traffic Area Conformity and Acquisition Program; 23 24 WHEREAS, the City proposes to lease 457+/- acres of farm land on the 25 City Property, as shown on the attached location map (the "Premises"), for 26 agricultural purposes; 27 28 WHEREAS, a Request for Proposals (the "REP") for the lease of the 29 Premises was advertised in The Virginian-Pilot as well as on the City's website; 30 31 WHEREAS, the City received three responses, and City staff reviewed the 32 responses; 33 34 WHEREAS, Land of Promise Farms Partnership, desires to lease the 35 Premises from the City for a term of one (1) year, with four (4) one-year renewal 36 options, for $57,184.43 for the first year, subject to a two percent (2%) annual 37 rent escalation for each renewal year; and 38 39 WHEREAS, the Premises will be utilized as farm land and for no other 40 purpose. 41 42 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 43 CITY OF VIRGINIA BEACH, VIRGINIA: 44 45 1. That the City Manager is hereby authorized to execute a lease for 46 the term of one (1) year, with four (4) one-year renewal options, between Land of 47 Promise Farms Partnership and the City for the Premises in accordance with the 48 Summary of Terms attached hereto as Exhibit A and made a part hereof, and 49 such other terms and conditions or modifications as may be acceptable to the 50 City Manager and in a form deemed satisfactory by the City Attorney. 51 2. That the revenue from the lease of the Premises in the amount of 52 $57,184.43 for year 1, $58,326.91 for year 2, $59,492.26 for year 3, $60,680.46 53 for year 4, and $61,896.08 for year 5 shall be received, and fifty (50) percent of 54 these amounts shall be deposited for appropriation in future Capital Improvement 55 Program capital budgets in CIP #9-059, Oceana Interfacility Traffic Area 56 Conformity and Acquisition II, and fifty (50) percent shall be deposited for future 57 payment to the Commonwealth by the City Manager to refund the 58 Commonwealth portion in accordance with the grant agreement. 59 60 Adopted by the Council of the City of Virginia Beach, Virginia on the 61 day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: A/a attaib`in 6.1e,,u) Public Works f City Attorney Facilities Management APPROVED AS TO CONTENT: Budget and Management Services CA14402 February 8,2019 R-1 1\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d010\p033100532673.doc EXHIBIT A SUMMARY OF TERMS LEASE FOR 457+/- ACRES OF CITY-OWNED PROPERTY LOCATED ON NORTH LANDING ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Land of Promise Farms Partnership PREMISES: 457+/- Acres located on North Landing Road Road (all or part of GPINs 1494-02-1476, 1494-03-5237, 1494-13-7202, 1484-81- 7296, 1484-71-9043, 1484-71-2633, 1484-74-8490 and 1484- 94-8243) TERM: 1-Year Lease (the "Initial Term") with Four (4) 1-Year Renewals (each a "Renewal Term") RENT: $57,184.43 per year ($125.13 per acre) for the initial term, with the initial term payable on November 1, 2019; $58,326.91 ($127.63 per acre) for year 2; $59,492.26 ($130.18 per acre) for year 3; $60,680.46 ($132.78 per acre) for year 4; and $61 ,896.08 ($135.44 per acre) for year 5; with each renewal term payable on November 1 of each renewal term year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes and for no other purpose. • Maintain the Premises, ditches and existing farm paths and maintain the security of the area to deter illegal dumping. • Maintain general liability insurance in a minimum amount of $1 ,000,000. RIGHTS AND RESPONSIBILITIES OF CITY: • Reserves the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes. • The renewal options would be at the mutual discretion of both parties. TERMINATION: • City may terminate the Lease for any reason by giving 90 days' advance written notice. . — Landstown Rd I , re: %., ‘ "' ..- .., • , F . _ ..... '..: 1.1.-3, .1• 4 ' Pe.' . ., .. 1. e._.. VI. • '1 . . ' :r. , , fr- 44.4i* . 7 , '44 . Virgi " nia Beach .- • : r, *...r . ' look . , National Golf•Cli. - ...d 8iiimilp , I .., i. . _ „ ., , „•- _ r 0. - 1 ' Pr):4..... • I ,........,e,- • - -- s 6 ... It:IeW..,...; ••:, -:''''f'..., •.;,,-,,,,tiii.'14, -•,,, -.. ,,,p. • •- 4 4 ---, .ri N.. . • ..., _ .44, 1 . ifirwif I - - . 4 ‘: , - 4. , ,,c,•..4. . ,:.. f, '- , a . , I .• ,..._ __. ,,._ . .. •1. A .. 4 . , • .. E - - ._. ..• m .1 . '..-- so. 1 f" 4, IN • , . ..•• ..-. ' t• '.- .iii . . - ...3 .',, , :F.„. .... ,.'r".1% V.** i 4. i •A ..iik. '. f. ''.•`C.' 4.„. ''S, •-•74 ' 4 . .fC.' (70-1 ‘t. . ri,1 . .. . .4 t.k % •-rtle4-1".ft.+ ft...44 s i • .7:'N 1. . \ - N Lahclinr,Rd. 3 . , t -'•St-C- , I.. '11' Brown-Bell Farm Parcels 7/9/2018 1. 1494-02-1476 6. 1484-71-2633 2. 1494-03-5237 7. 1484-74-8490 3. 1494-13-7202 8. 1484-94-8243 4. 1484-81-7296**AREA IN BLUE NOT PART OF LEASE** 5. 1484-71-9043 Virginia Beach APPLICANT'S NAME Zfina o+ Prom; Se rens Ti�r� /•.► 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 6 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 Plannin Commission and Cit, Council meetin.4 that pertains to the ai.i lication(s} ❑ APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DAT6kVpi/ I 0 REVISIONS SUBMITTED DATE: 3 .1\JB Virginia Beach 0 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. C (A) List the Applicant's name, sl d f 4'*•5e l+Ar c_Par"1itiars4'.' o LLC, names: JiasvAaHors ity mon 2. b.gIVois orsk� jyl�mr b,S4Ai✓e I for Sl i me"ler f1 BR xi C7ors/ mr.4• 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) • i4 N) of Pro p:.s P SPF r,w s �.P r45:A L., . C_ . See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT VirginiaBeach YES NO SERVICE PROVIDER (use additional sheets if needed) El rd Accounting and/or preparer of your tax return El gf Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than EY the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ [ Engineers/Surveyors/Agents / Financing (include current ❑ r-�/ mortgage holders and lenders LLL���A selected or being considered to provide financing for acquisition Ipr or construction of the property) lu ❑ Legal Services 57 Y.v BoktioN Aad Lev7 ❑ Real Estate Brokers / I Agents/Realtors for current and anticipated future sales of the subject property i • 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 j 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 V3 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. 4/4 ND 0 4 Mort' S. / r"5 141.94#4.416413 / 1) 14 (._ r 1' r. ADN41 d d 1hrs��r APPLICANTS SIGNATURE PRINT NAME i DATE r Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ❑ Accounting and/or preparer of your tax return 0 ❑ Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ❑ Construction Contractors ❑ ❑ Engineers/Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property t i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been It scheduled for public hearing, I am responsible for updating the information Ew provided herein two weeks prior to the Planning Commission, Council, VBDA1 meeting, or meeting of any public body or committee in connection with this Application. jK I PROPERTY OWNER'S SIGNATURE PRINT NAME DATE ,kkf, Page 7 of 7 4i (11 =,•-• e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for one year, with four optional one-year renewals, with MEB General Contractors, Inc., for the use of land located at 1401 Southern Boulevard. MEETING DATE: February 19, 2019 • Background: The City of Virginia Beach (the "City") owns a 9.7± acre parcel of land located at 1401 Southern Boulevard (the "Property"). The City acquired the Property for the Southeastern Parkway Project (CIP 2-089) in February of 2007, and the Property has been leased to various tenants until the last tenant vacated. The City issued a Request for Proposals ("RFP") to lease the Property, and MEB General Contractors, Inc. ("MEB") was one of the respondents. MEB desires to lease the Property for up to 5 years to store construction materials and for use as a laydown yard. MEB's lease proposal was selected because MEB is the contractor that is constructing the Marine Animal Care Center and the Sports Center. MEB will use the Property to have better access to materials and tools during the construction. Additionally, having the Property for use will minimize or eliminate MEB's need for a laydown yard at either or both construction site(s). MEB proposes to renew the lease annually depending upon construction projects in the area. In addition to the City projects, MEB is also involved in private construction in the vicinity. ■ Considerations: The lease term would be for one (1) year with four (4) renewal terms of one (1) year each, subject to the City's consent. MEB would pay the City $2,000 per month ($24,000 per year) for the first two years, with a 3% escalation each year thereafter. MEB would be responsible for leasehold taxes on the Property The Property is situated in Accident Potential Zone-1 , and the proposed use is compatible. ■ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Alter terms of proposed lease, or decline to lease the Property. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval 4 Submitting Dep• me, . • ..ency: Public Works/Facilities Management `t-'4 City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH MEB GENERAL 5 CONTRACTORS, INC., FOR THE USE OF LAND 6 LOCATED AT 1401 SOUTHERN BOULEVARD. 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 1401 9 Southern Boulevard (GPIN: 2417-24-1080) (the "Premises"); 10 11 WHEREAS, the City and MEB General Contractors, Inc. ("MEB") desire to enter 12 into a lease agreement for use of the Premises; 13 14 WHEREAS, MEB has agreed to pay the City an annual lease amount at market 15 rates, for a term of one (1) year with four (4) renewal terms of one (1) year each, 16 subject to the City's consent; and 17 18 WHEREAS, the Premises will be utilized to store construction materials and for 19 use as a laydown yard, and for no other purpose. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Manager is hereby authorized to execute a lease for a term of one 25 (1) year with four optional one-year renewals between MEB General Contractors, Inc. 26 and the City of Virginia Beach, in accordance with the Summary of Terms attached 27 hereto as Exhibit A, and made a part hereof, and such other terms and conditions 28 deemed necessary and sufficient by the City Manager and in a form deemed 29 satisfactory to the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 32 , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works / Facilities Management City Atto ey CA14418 R-1 January 31, 2019 EXHIBIT A SUMMARY OF TERMS LEASE FOR CITY-OWNED PROPERTY LOCATED AT 1401 SOUTHERN BOULEVARD LESSOR: City of Virginia Beach (the "City") LESSEE: MEB General Contractors, Inc. PROPERTY: 1401 Southern Boulevard Approximately 9.7± acres (GPIN: 2417-24-1080) TERM: One Year with Four One-Year Optional Renewals RENT: $2,000 per month ($24,000 per year) for the first two (2) years; 3% escalation each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Property for storage of construction materials and as a laydown yard, and for no other purpose • Maintain and secure Property, as necessary • Establish erosion control measures and grade the Property for proper drainage • Will be responsible for maintenance and/or repair of the Property arising out of Lessees' use of the Property • Maintain commercial general liability insurance in a minimum amount of $1 ,000,000 • Will be responsible for leasehold taxes on the Property RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the Property for streets, alleys, public highways, drainage utilities, telephone and telegraph transmission lines, pipelines, irrigation canals and similar purposes • Renewal terms are subject to City's consent • City can terminate upon 180 days' written notice Ce o 00 it �8! 1 - o IQ�; Na e 0.._ . 1. .Z m 1 i' Q - UJ • n "•. LLI em Q_ v. Z-.1&"" Z_ ti CD ' U } Z o ''^^ N ) •-• 1 oL�lg s �yf_" 0 U A ,a. Ilia ,I, ,C41,1, •_AC,.p _ -,,, ' :t a :<• i Jn IIR • 0i� . Pr14. 'F. 41 , • ? PP' p! „...sf- I • • ..: r, ,: , -1 ._ ....___. , . 1-4 µ 7AV SaNAS'. - e _ .: ,} 1�A .r F. F 1 1 id ' r trif. - ` • '� .y'.f„.,.... F. r ``�'� 1.4.-S J'.r� (�`••''l 1 + PT- L�jLL��d Eii - `41 ,a 'moi.-yam "7�,�7+ M 1,... i r- 6 f4;•4_1'.... . ,.. . r. „.1.,- ,........ ; .. . :., . t._.• , ... • ; 5:- . witW �� '� •z „ q ..,:, i--I ' „ .,: ' ,o ti e n GA19 1NV2O N - �n w oPit, w ,-IIIIM nil 0 IIMPI111.1 iiimrt' . .E.- _ : 2 ci.i .. g W Z L`' c U N a =�.ae c) II° ' .KMS `° 1 d a A/B Virginia Beach APPLICANT'S NAME MEB General Contractors. Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDLP) 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 l of 5 ❑ a/5 ❑ I \i13 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: MEB General Contractorst Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) George V. Clarke, IV, President and Treasurer; Mark F. Olmstead, Vice President and Secretary; David M. Ervin, Vice President; William R. Blowe, Vice President; Briton J. Schwartz, Vice President (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is differentfrom Applicant. • Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 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 SO percent of the voting power of another corporation." See State and Loca, 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 n 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 substantia ly the same person own or manage the two entities; there are common or commingled funds or assets the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 NP3 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) El ❑ Accounting and/or preparer of your tax return ❑ ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ n the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed C ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors MEB General Contractors, Inc. 7 Engineers / Surveyors/Agents Financing (include current ❑ El selected holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ n Legal Services Real Estate Brokers / U ❑ Agents/Rea'tors 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 C ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disc'osure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduied for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _-,�_ i George B. Clarke, IV 8/6/18 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRIN— NAME I DATE Page 5 of 5 ofd R. ` �`°•,mow .:i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 829 S. Atlantic Avenue in Croatan MEETING DATE: February 19, 2019 • Background: On March 1 , 2016, by Ordinance ORD-34360, City Council approved the request by Amy R. Slagle (the "Applicant") to close approximately 375 sq. ft. of an unimproved, unnamed alley ("Right-of-Way"), adjacent to the rear of her property at 829 S. Atlantic Avenue. • Considerations: There were four (4) conditions to the approval of the street closure: 1 . The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. The Applicant had submitted a subdivision plat to the Planning Department for review; however, the plat could not be approved for recordation prior to the date to finalize the conditions of the street closure because the Applicant was unable to obtain the consent of the Applicant's lienholder, as required by Virginia Code §15.2-2264. Therefore, on January 10, 2017, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-34360. Staff concluded that the request for additional time to meet the conditions was reasonable and, on February 21, 2017, by Ordinance ORD-3488C, City Council approved the extension until February 28, 2018. On January 9, 2018, the Applicant requested additional time to finalize Condition 2 set forth in Ordinance ORD-34360 because the Applicant continued to be unable to obtain the lienholder's consent. Staff concluded that granting another extension of time to satisfy Condition 2 was reasonable and, on February 20, 2018, by Ordinance ORD-3533H, City Council approved the extension until February 29, 2019. On January 17, 2019, the Applicant again requested additional time to finalize Condition 2 set forth in Ordinance ORD-34360. The Applicant has not shared what steps she has taken to obtain the lienholder's consent. Without evidence that the Applicant will be able to satisfy Condition 2, staff is of the opinion that this request should be the last extension of time to meet the conditions. • Recommendations: Allow an extension of one (1) year for satisfaction of the conditions; however, absent evidence the Applicant will be able to satisfy Condition 2, it is recommended that this be the last extension. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting Department/Agency: Planning Department City Manage 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING ONE-HALF 4 OF AN UNIMPROVED, UNNAMED ALLEY 5 ADJACENT TO THE REAR OF 829 S. 6 ATLANTIC AVENUE IN CROATAN 7 8 WHEREAS, on March 1 , 2016, the Council of the City of Virginia Beach acted 9 upon the application of Amy R. Slagle (the "Applicant"), for the closure of approximately 10 375 Sq. Ft. of an unimproved, unnamed alley adjacent to the rear of her property 11 located at 829 S. Atlantic Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-34360) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 February 28, 2017; 16 17 WHEREAS, on January 10, 2017 the Applicant requested an extension of time to 18 satisfy the conditions to the aforesaid street closure action and, by Ordinance ORD- 19 3488C, City Council approved the extension until February 28, 2018; 20 21 WHEREAS, on January 9, 2018, the Applicant requested an additional extension 22 of time to satisfy the conditions to the aforesaid street closure action and, by Ordinance 23 ORD-3533H, City Council approved the extension until February 28, 2019; 24 25 WHEREAS, on January 17, 2019, the Applicant requested a third extension of 26 time to satisfy the conditions to the aforesaid street closure action; and 27 28 WHEREAS, staff recommends that an additional one (1) year extension be 29 approved. 30 31 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 32 Beach, Virginia: 33 34 That the date for meeting conditions of closure as stated in the Ordinance 35 adopted on March 1 , 2016 (ORD-34360), upon application of Amy R. Slagle, is 36 extended to February 28, 2020. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 39 of , 2019. 40 41 No GPIN assigned (Right-of-Way) 42 Adjacent to GPIN: 2426-37-9901 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: G -I 91&t �i City Attorney anning Department CA14433 vbgov.com dfsl applications\citylaw\cycom32\wpdocs\d028\p030\00536350.doc R-1 February 4, 2019 2 2 o e \\........................„..............„_ ___________L___________.------ Ate antic t 70 r a 4 1 , Q '`'. .',. ,,. . . v \ , \ \ z Z Q V O Q \ W \, IZ \ \ \ 4tte \ Li. \ Cti \ a ti s \ r \ \ .........----;---------\ _ , C4 , i 2 '-- Vanderbilt _ ,_:„,,,,, , Nvenue % ,\ r • . .. .. . .,.., ..,. , ....,... , 3 V ' ..,,.. ' _ .. .. .11rrAN - " - . .. ,., . ,. Virginia Beach APPLICANT'S NAME Roger S. Slagle & Amy R. Slagle 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. 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). PPLICANT NOTIFIED OF HEARINGczA DATE. O CHANGES AS OF DATE //�I// .+ir O REVISIONS SUBMITTED DATE' , Virginia Beach Inl Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Roger S. &Amy R. Slagle If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 C.V37ty of 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 entityrelationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (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) IV�I Accounting and/or preparer of /\I your tax return X Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property I/\I (identify purchaser(s) and purchaser's service providers) XConstruction Contractors Metro Associates Incorporated XEngineers / Surveyors/ Agents Gallup Surveyors& Engineers, Ltd. Financing (include current NationStar Mortgage, SunTrust Bank X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Sykes, Bourdon,Ahern & Levy, P.C. Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property • 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 1 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicatio . Roger S. Slagle fig z 2cp APPLICANT'S C TUR PRINT NAME DATE C i Amy R.Slagle 1 � Page 5 of 7 .N'*' h7 M tL7 sze CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of existing right of way known as Island Lane located at the front of 3004 Island Lane MEETING DATE: February 19, 2019 • Background: Mitchell L. Dunbar and Linda S. Dunbar, (the "Applicants") have requested permission to maintain an existing paver driveway and 2' x 2' brick wall (the "Encroachment") adjacent to their property located at the front of 3004 Island Lane. The Encroachment extends a maximum of 14.25' into the City's right of way known as Island Lane. The Encroachment is located over an existing sanitary sewer main, and the City would not replace any part of the Encroachment should Public Utilities need to remove to make repairs on the sanitary sewer system. The driveway and aprons were installed without a permit and, as such, a Chesapeake Bay Preservation Area (CBPA) application was submitted and an after-the-fact variance to the CBPA Ordinance was granted by the CBPA Board on April 23, 2018. The Applicants have submitted a driveway waiver request to the Director of Public Works because the driveway width exceeds the maximum width of 20' total for a residential property. Both are contingent upon City Council approval of this item. • Considerations: City staff has reviewed the requested Encroachment and recommends approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Advertisement of the City Council Agenda. • Alternatives: Deny the Encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Location, Map, Pictures, Agreement and Disclosure Statement. Recommended Action: Approval of the ordinance. Submitting Departmen ency: Public Works/Real Estate tlx City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT 5 INTO A PORTION OF CITY RIGHT 6 OF WAY LOCATED AT THE FRONT 7 OF 3004 ISLAND LANE 8 9 WHEREAS, Mitchell L. Dunbar and Linda S. Dunbar have requested 10 permission to maintain an existing paver driveway and 2' x 2' brick wall (the 11 "Encroachment") in front of their property located at 3004 Island Lane (GPIN: 1499-17- 12 4498). The Encroachment extends a maximum of 14.25' into the City's right of way 13 known as Island Lane; and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF 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, Mitchell L. Dunbar and Linda 24 S. Dunbar, their heirs, assigns and successors in title are authorized to maintain a paver 25 driveway and 2' x 2' brick wall in the City's right-of-way known as Island Lane as shown 26 on the map entitled: "EXHIBIT 'A' ENCROACHMENT PLAT SHOWING PAVER 27 DRIVEWAY & BRICK WALL FOR MITCHELL L. DUNBAR & LINDA S. DUNBAR I.N. 28 20170322000233270 LOCATED IN ISLAND LANE" scale: 1"-30', dated June 12, 2018 29 and revised through October 31, 2018 and prepared by Gallup Surveyors & Engineers, a 30 copy of which is attached hereto as Exhibit 'A' and on file in the Department of Public 31 Works, to which reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject 34 to those terms, conditions and criteria contained in the agreement between the City of 35 Virginia Beach and Mitchell L. Dunbar and Linda S. Dunbar (the "Agreement"), an 36 unexecuted copy of which has been presented to the Council in its agenda, and will be 37 recorded, after execution, among the records of the Clerk's Office of the Circuit Court of 38 the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 1 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect 43 until such time as Mitchell Dunbar and Linda S. Dunbar and the City Manager or his 44 authorized designee execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 47 day of , . CA14405 R-1 Prepared: 2/4/19 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d005\p029\00515370.docx APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 415/ t i� /'��'�i 5 moi/ _ 2 . :LI / ORKS, REAL ESTATE DANA -. ARME R SENIOR CITY ATTORNEY 2 NOTE: 1. THIS PLAN WAS PERFORMED LONG CREEK WITHOUT THE BENEFIT OF A TITLE REPORT. BOAT LIFT METAL RAMP FLOATING SHORE LINE PER WOOD / DOCK PIER '' , ,, ��,��,, p' ��--�— SUBDIVISION PLAT � � -- T }{ JET SKI', ' ,'O0 LIFT - �° �1 S 82°28'00" E 150.05 ALOM�c_MHW WOOD VINYL BULKHEAD TIE LINE EXS11NG BULKHEAD BULKHEAD 1 0.5'ENCR. BULKHEAD(OTHERS) WOOD BULKHEAD 1\ —J 17 F �_ 00 o GPIN: 1499-17-4498 "' co PAVER LLFIRE L NOW OR FORMERLY PATIO LLLLPIT( i•PIN(F) VLL•LLLL VJ. NOW OR FORMERLY CHARLES A. LLLL LL'PAVER L HUFFMAN, V AIIIV-.....777:1LL, LLL LL TOMMIE J. QUINN LL LL LLPATIOLLLL-'- LN. 20130806000926730 w KR iiiiiiCATHERINE A. GREEN ttpATI R LL I.N. 20160222000142750 6 m� LL- lLL LL'PATO�LL8 `L``L ■ LLLi-�-` M.B. 24 P. 46 LLLL A/c GPIN: 1499-17-3438 2 STORY 0 = M.B. 24 P. 46 BRICK & FRAME RESIDENCE Lrs o GPIN: 1499-17-6436 BRICK O WALL OVERHEAD• #3004 n N WIRES PORCH rn c, 0,2 CONCRETE & STEPS c) O DRIVEWAY N N L=152.94' R=262.06' I!:/I% �:. LLLLLIL.LLLLLLLLLLLL LLLLL LLLL ° l•ll LL LLI`PAVERLLLLLLLLLLLLLLLLi-L LLLLL up LL "`LLLLLL LLLDREtwAY LLLLLLLLLLLLLLLLL LL_ LLLL lLL LLLLL LLL`, LLLLLL,LLLLLLLL, LLLL'_�.�... LLLL LLLLLL L LLLLLLLLLLLLLLL L ���_ � LLLLLLL�L PIN(F) LLLL. L LLLLII_LL� 9�, Ao �E Ro _®;;�.,,,a-:,_- LLLttLtL ISLAND LANE LLLl1LLLLL L LLLLL LLLLL -0 W LLLLLLLLLL' 621\-\N 8R\0 _1Li, iPAVER' LL 3za, (30' R/W) N� LL DRIVEWAYL Env'! -H LLLLLLLL�, M.B. 24 P. 46 �� ^, � T ASPHALT 0)1-u 42 *�? 'O— EDGE OF PANEMEN ROAD r � LIGHT POLE T..--_ 7,N a c - _ YELLOW 15 T _ EDGE OF 70 PAIEMEN — —EDGE OF WATER Y i AT TIME OF SU _Hr �i _ —GUY WIRE AWOOD UNDESIGNATED �y DOCK PARCEL I� OF OTHERS D.B. 760 P. 206 WOLFSN ARE CREEK SHORE LINE PER -- EXHIBIT A SUBDIVISION PLAT 41'ALTH OENCROACHMENT PLAT SHOWING F o . PAVER DRIVEWAY & BRICK WALL FOR MITCHELL L. DUNBAR & LINDA S. DUNBAR o D R UTLER I.N. 20170322000233270 L11c, . No. LOCATED IN ISLAND LANE ` 38395 SCALE: 1 " = 30' DATE: JUNE 12, 2018 �\i 44,x' REV. OCTOBER 15, 2018 <\SS70NAL ENG\ SURVEYORS EN GINEERS REV. OCTOBER 31, 2018 323 FIRST COLONIAL ROAD 16-93 a encr exhibit hibit 6-12-18.dw VIRGINIA BEACH, VIRGINIA 23454 P g (757)428-8132 C.\1C\1C 93.Lpe c..c.c,.I.:L:t C 12 10.!..1,10/31/2010 9.20.10 AH,1.30,30 Dunbar Encroachment 3004 Island Lane s,° '''..s'..\.....................s.:+ ,r SITE5) "c+ o" ___\S PNC�N LOCATION MAP ENCROACHMENT REQUEST FOR Legend MITCHELL L. DUNBAR AND LINDA S. DUNBAR EJ 1499-17-4498 GPIN: 1499-17-4498 E-1 City Property 0 50 100 200 Feet Prepared by P.W/Eng./Eng.Support Services Bureau 08/102018 R\CADD\ProJeutslARC FlIesIAOENDAMAPSdsland Lanedsland Lane.mzd • S - � ' .t fir, . � . viiiikth -ivimair 111/10/111111 11:56 eicipift a 1I la.,.. Atez-At s ,dam J.',.....- -:-,_. „--.4.y r 4G " em>._ ti pez`.• , ,,i,. ._ .. „ . L 11b ire y= pvP . sa ` - 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 1.5-h day of Twycra,\ , 20 ;q , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MITCHELL L. DUNBAR and LINDA S. DUNBAR, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 7, as shown on that certain plat entitled: "SYER TRACT LOCATED ON LONG CREEK", dated August 12, 1949 and prepared by W. B. Gallup County Surveyor, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 24, at page 46, and being further designated, known, and described as 3004 Island Lane, Virginia Beach, Virginia 23454-1021; WHEREAS, it is proposed by the Grantee to maintain an existing Paver Driveway and 2' x 2' Brick Wall, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Island Lane the "Encroachment Area"; and GPIN: CITY RIGHT OF WAY— NO GPIN ASSIGNED GPIN: 1499-17-4498 - 3004 Island Lane WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT PLAT SHOWING PAVER DRIVEWAY & BRICK WALL FOR MITCHELL L. DUNBAR & LINDA S. DUNBAR I.N. 20170322000233270 LOCATED IN ISLAND LANE " scale: 1" — 30', dated June 12, 2018 and revised through October 31, 2018 prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit 'A' and on file in the Department of Public Works, to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 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 City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and 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 shall not erect signage of any type indicating that the said pavers within the Encroachment Area, south of the brick wall as shown on the aforesaid Exhibit (the "Parking Area") are private parking, nor shall the Grantee prohibit in any way the usage of the Parking Area by the general public. Furthermore, the Grantee must allow parking by the members of the general public on the public street where pavers are installed, except for that portion of 3 the Grantee's driveway. For the purposes of this Agreement, attempts to prohibit the public from parking within the Parking Area created by the Temporary Encroachment shall include verbal requests/statements to members of the public not to park in the Parking Area, obstructing the Parking Area with physical barriers, posting signs stating "no parking", "no trespassing", "towing enforced", or similar phrases, asking for vehicles to be towed from such Parking Area, or any other action the reasonable effect of which is to prevent or dissuade members of the general public from parking in the Parking Area. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit for the after-the-fact improvements from the Permits and Inspections Division of the Department of Planning and Community Development (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in 4 the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 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 5 ($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, Mitchell L. Dunbar and Linda S. Dunbar, the said Grantees, 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. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 By .% _ Mitchell L. Dunbar, Owner By / - i � Linda S. Dunbar, Owner S OF CI OUNTY OF 1-3avY\-p , to-wit: The foregoing instrument was acknowledged before me this \G'.• Ro*•McQG'•; p2;/Fe... . GL-Y1 - , 2019 , by Mitchell Lee Du bar n i MREG4,202784 . ,,ff ` S" ' EXP comMESSi°N S • 'ublicz, . •, .•, s. ry �'••. k B'H�F\' ''' Notary Registration Number: oZ 0 al �y ••���`�¢������, My Commission Expires: I \— 3o ,2O a-I STATE OF 4110-' /COUNTY OF m-e rl , to-wit: The foregoing instrument was acknowledged before me this \7day of -NTOLtiN , 2013_, by Linda S. Dunb:r. 41." 11 ILi& '.���� .(sE4,),) No :ry -ublic M �.r.. �OTgRy'....(5_%.. ,� ' REG UBUC Notary Registration Number: Q 0a '1 'S o My ?°2784 : z Z • Exp/R6 M1, olv. My Commission Expires: t 1— 3G - oa I = O ••• �' -.nl�•• .•\¢c'`,° 44 TH CW 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM . // j ATE DAN • R. ,ARMEYER SENIOR CITY ATTORNEY PUBLI+ WOR -P../ REAL ESTATE DEPARTMENT/DIVISION 9 lB Virginia Beath APPLICANT'S NAME / Aen P c-hue,'' D DISCLOSURE STATEMENT FORM for all applications completion and submission of this form is requiredapptt ations 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 I Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use 11 Compliance,Special Investment Program Changes Exce•tion for (EDIP) ti Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 crrY USE ONLY/All olscTosures must be updated taw(2)weeks prior to any Page 1 of 7 Planning Commission and City Cound(meeting that pertains to the appNcatlon(s). JetlC 0 APPLICANT NOTIFIED OF HEARING OATE; �J+ HO CHANCES AS OF DATE't 9- / 0 REVISIONS SUBMITTED DATE JUL 2 7 10i8 X14 EST NIS Virginia Beach li Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organii�zation.., (A) List the Applicant's name:l_r1 i C-�1t�L// L.;N�ft 16 u/'1 hzik_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 t'irz n:a Beac . 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) "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. Z "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when Ii)one business entity has a controlling ownership interest In the other business entity, pi) 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 g 2.2-3101. SECTION 3, SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT N43VliiaBeach YES NO SERVICE PROVIDER(use additional sheets if needed) Er 0 Accounting and/or preparer of �2Bi ✓fe 4 e## your tax return El r-4 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than EDthe Annlicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ lia-- purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ Engineers/Surveyors!Agents rr l �up SuYYQiOrS J 6114311leer6. Financing(indude current ry ; mortgage holders and lenders 01 el --{- U 1 _7 selected or being considered to 0 provide financing for acquisition or construction of the property) Nck-i-)DleykiBari, K--- 0 a Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the I subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1 i an interest in the subject land or any proposed development ❑ Lcontingent 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 /183 ffrk., 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, VS©A meeting, or meeting of any public body or committee in connection with this Application. /� yy u/?. z<. /-)2./7 )7e../1 �Crc!/�^ %- APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 ° 577 t f gZA CITY OF VIRGINIA BEACH AGENDA ITEM ,,,,6 ITEM: An Ordinance to Donate Reclaimed Concrete to Lynnhaven River NOW for the Purpose of Creating a Sanctuary Reef in the Western Branch of the Lynnhaven River MEETING DATE: February 19, 2019 • Background: Lynnhaven River NOW is pursuing a grant from National Fish and Wildlife Foundation Small Watersheds to build a 5.5-acre sanctuary reef in the Western Branch of the Lynnhaven River. This proposed sanctuary reef will support a healthy coastal ecosystem. As part of its effort to secure the grant, Lynnhaven River Now has requested a donation from the City of reclaimed concrete in an amount not to exceed 9,000 cubic-yards. • Considerations: The City of Virginia Beach has approximately 18,500 cubic yards of reclaimed concrete stored at Potters Pit. This concrete is demolition debris from City projects and is typically reused for road bed and road stabilization. The reclaimed concrete will be provided in its current condition. Lynnhaven River NOW will be fully responsible for cleaning, crushing, and transporting the material. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep• - it/Agency: Public Works City Manager:Mg) 1 AN ORDINANCE TO DONATE RECLAIMED 2 CONCRETE TO LYNNHAVEN RIVER NOW FOR THE 3 PURPOSE OF CREATING A SANCTUARY REEF IN 4 THE WESTERN BRANCH OF THE LYNNHAVEN 5 RIVER 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 The City Council hereby authorizes a donation of up to 9,000 cubic yards of 11 reclaimed concrete to Lynnhaven River NOW. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ckrk) Budget and Management ervis City-Attcjfney's • rce CA14623 R-1 February 6, 2019 •V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Adopted FY 2018-19 Capital Improvement Program Project Description and Scope for CIP #7-400 Aragona Drainage Improvements to Authorize the Acquisition of Necessary Property and Easements MEETING DATE: February 19, 2019 • Background: Capital Project 7-400 addresses drainage inadequacies in the Aragona subdivision. This project first appeared in the Capital Improvement Program (CIP) in FY2013. The flooding experienced during the major storm events of 2016 required re-evaluation of the project scope. The description of the project needs to authorize acquisition of necessary property and easements to the extent funding is available. If site acquisition is not authorized for this active stormwater program, then this project will languish. • Considerations: The proposed revision to the approved FY2018-19 Stormwater CIP Sheet for CIP# 7-400 Aragona Drainage Improvements would allow for the acquisition of real property necessary for the project subject to the appropriation of sufficient funds. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, project specific public involvement is included during the design process for CIP# 7-400 Aragona Drainage Improvements, to include a Public Information Meeting that was held January 24, 2019. • Attachments: Ordinance; Amended FY2018-19 CIP Sheet for CIP# 7-400 Aragona Drainage Improvements; Project Location Map Recommended Action: Approval Submitting Dep.rtme ency: Public Works/Engineering l City Manager: 1 AN ORDINANCE TO AMEND THE ADOPTED FY 2018- 2 19 CAPITAL IMPROVEMENT PROGRAM PROJECT 3 DESCRIPTION AND SCOPE FOR CIP #7-400 4 ARAGONA DRAINAGE IMPROVEMENTS TO 5 AUTHORIZE THE ACQUISITION OF NECESSARY 6 PROPERTY AND EASEMENTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That the project description and scope, within the Adopted FY 2018-19 Capital 12 Improvement Program, for CIP# 7-400 Aragona Drainage Improvements, are hereby 13 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 , 2019. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Department of Public Works " Budget an anagement Services APPROVED AS TO LEGAL SUFFICIENCY: ity ' °orney's Office CA14621 R-1 February 5, 2019 City of Virginia Beach,Virginia Fiscal Years 2019 through 2024 Capital Improvement Program Project:7400000 I Title:Aragona Drainage Improvements Status:Approved Category:Storm Water Department:Public Works Project Type Project Location Project Type: Rehabilitation/Replacement District:Bayside 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 3,760,000 3,760,000 0 0 0 0 0 0 0 Description and Scope This project addresses drainage inadequacies in the Aragona subdivision.A major storm drain system will be installed along Sullivan Boulevard from the intersection of Sullivan Boulevard and Holladay Lane eastward crossing Aragona Boulevard and southeast to Overman Avenue and the outfall tributary system.Additional improvements will be installed along Overman Avenue to help alleviate overflow drainage from the following adjacent side streets:Hunting Hill Ln,Rodin Ln,Rockwell Ln,and Hopwood Ln. Based on flooding experienced during 2016's major storm events the additional area located between Sullivan Blvd to Aragona Circle and Holladay Lane to Aragona Blvd will also being evaluated.. Purpose and Need As a pre-1970 neighborhood,moderate to severe roadway/property flooding within the existing Aragona Village neighborhoo. occurs during moderate rainfall events,which this project will address. History and Current Status This project first appeared in the FY 2012-13 CIP.The need for improvements was identified in the FY 2002-03 CIP;however,f nding was not available and the project appeared as"Requested But Not Funded".This is a project resulting from studies done under projec 7-027 SWM Master Planning,Analysis and Inventory. It will begin to address chronic flooding problems in the Aragona Area.This project will incl .e providing the improvements originally identified in project 7-040 Aragona Village Interim;funding previously shown in that project was rep ogrammed into this project to expand the scope.Public Works Operations finished cleaning the subdivision's drainage system in Fall 2012.The dr inage system was impaired and some pipes flows were almost completely blocked.The existing neighborhood storm drain system was evaluat:. and storm drain improvements for Sullivan Blvd.and Overman Ave.area were identified. Operating Budget Impacts The acquisition of necessary property and easements is authorized to the extent funding is available. Project Map Schedule of Activities Project Activities From-To Amount r t J ,ie' r ', :. W� 1''\ G' tl - i 1 r ". ,, Ite ', ,1* �, }— y Design 07/12-06/19 604,787 ",,,e . ; .,c •j �, '+ - , r' ..!, : Construction 09/18-12/19 2,806,277 ,..$7:.4}� h ,, R� }�' K4'r . ,-• :• Contingencies 07/12-12/19 348,936 7. .4:-.'- s '-c..tr'n k-4,— ..--V"''74 -• - 141' --_-_,,t'' " Y tixi rt . k v f 44r $* +,,-.0„....441k,. ,• t ` om• - j i ,144 ,k, cp.‘;',; ^4,, ( Total Budgetary Cost Estimate: 3,760,000 r .`X` 'G J��� " 'f �Tr "+ ` ,i Means of Financing -js�i „s, 4 - ,. 4 Funding Subclass Amount .„Li' r r . F ? "•, i, , >`� ;l•;,, ,..' i,„ _![- Local Funding 3,760,000 !' ;4 -:iti'''..:- ::!V--:- .11,74,4..;:.,.:.*kit" . 111O f '1'4' yfi s.. vi y�y, tl `A';p ` a i�t� •,..-- •to • .. �. .,♦ .1, it 3' , .•.. ,7k- ,Ii',.4 1 ! .r,.'t I". .4 •res a _ '`' ? -' f. • .• T--,... 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II!" w ' littAt'k. -.4.40,%'-44.1:°#,44t,;*t. , 0 ,.. - Irs, - ' ava.- _40,--_ _•,. ,/,,,,. 44Ir 4rt.' * • t'4*, 41,---- 4 ,t4 ' 'Ir - /0w," . i . s• 9"/Ap, .'")-k. thitho ' isdiki ,* .0, .,.., 40, ...jiiiiip 46' , A . * 0 . • w ',sit WI' 1101\10# IP Vrtiltiriligi "7 47-4 41.. 4,./.4- , . ir, .•• V .- 44 di - . 0;0 ' lill . • 4 1^.1. :00, 10 tit IF tip iii - ib, ..•zt, /..' ov -,,k, 0 I as la . r- 4.' t • .,,, pp A . ,. --,- 4, AI) th 0011111 I.t Z I, Ill 11 '',4 c, - r -k y - ROSEWOOD ...1744 Legend P r.44, 0N31S1 iMe .. pI - 'k4.)7N:4r044, 4-,•MERRIMAC. LNMEMORI - , - , • 0.,, Nt' •• ' Project Area „ -- - - PARF ;IA. 1"' ' aaity te4- <do' •'w .."'• k inn lbl -. -ik-40 s Al''11 11'' Ouirft CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,800,000 of General Fund — Fund Balance to the Risk Management Internal Service Fund to Pay for Insurance Premiums and Self-Insurance Claims MEETING DATE: February 19, 2019 • Background: The City of Virginia Beach's Risk Management Internal Service Fund manages and accounts for automobile, general liability and worker compensation insurance premiums and self-insurance claims and related costs. It is, in effect, the City's insurance agent. Actuarial projections are prepared bi-annually based on actual claims in progress. The Actuarial Liability for June 30, 2018 was $40.9 million. It is anticipated that City claims exposure will result in a further decline in existing cash reserves, and these claims will have a major impact on the FY 2019 Risk Management budget. While it is believed existing appropriations will provide necessary funding to meet claims in the current fiscal year, it is important to note that a funded ratio in the 50-70% range is typical for a City maintaining an AAA bond rating. Based on current year estimates, the requested $1 .8 million appropriation would bring the Risk Management Internal Service Fund to a funded ratio of 60%. The Finance Department will continue to identify funding approaches in an effort to maintain and enhance the funding ratio. • Considerations: The requested funds were reserved for this purpose at the close of Fiscal Year 2018. Accordingly, these funds are available in the fund balance of the General Fund for appropriation. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting De•artme I Agency: Finance/Risk Management City Manager.%146111P"� 1 AN ORDINANCE TO APPROPRIATE $1,800,000 OF 2 GENERAL FUND - FUND BALANCE TO THE RISK 3 MANAGEMENT INTERNAL SERVICE FUND TO PAY 4 FOR INSURANCE PREMIUMS AND SELF- 5 INSURANCE CLAIMS 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA, THAT: 9 10 $1 ,800,000 is hereby appropriated from the fund balance of the General Fund, 11 with specific fund reserve revenues increased accordingly, to the Risk Management 12 Internal Service Fund to pay for insurance premiums and self-insurance claims. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services :4-to Heys Office CA14625 R-1 February 6, 2019 ,:,-,;:0h. IT - ---41 i‘.1!:.f.;,..5% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $50,000 from the Virginia Department of Emergency Management to the Fire Department FY 2018-19 Operating Budget for the Technical Rescue Team MEETING DATE: February 19, 2019 • Background: The Virginia Beach Fire Department applied successfully for a Virginia Department of Emergency Management Homeland Security Grant to support the purchase of technical rescue personal protective equipment. Specifically, the grant will be used to purchase turnout gear that is used by firefighters responding to technical rescue events which demand lighter equipment for higher mobility and is less prone to tearing. • Considerations: Without this grant funding, the Fire Department will be unable to support the purchase of this equipment. This grant does not require a local match. • Public Information: Normal agenda process. • Recommendations: Adopt the attached budget amendment. • Attachments: Ordinance Recommended Action: Approval Submitting Depart - • Agency: Fire Department ` • City Manager. b►. ` 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $50,000 FROM THE VIRGINIA DEPARTMENT OF 3 EMERGENCY MANAGEMENT TO THE FIRE 4 DEPARTMENT FY 2018-19 OPERATING BUDGET 5 FOR THE TECHNICAL RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $50,000 is hereby accepted and appropriated, with federal revenue increased 11 accordingly, to the FY 2018-19 Operating Budget of the Fire Department for the purchase 12 of personal protective equipment for the Technical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2019. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 3-)c„Ajc c/L',24Q . Budget and Management Services i ! , ey's Office CA14628 R-1 February 6, 2019 L. PLANNING 1. CLEAR CREEK HOLDINGS, LLC for a Conditional Change of Zoning from R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial at a vacant parcel off of South Birdneck Road, approximately 680 feet from Carissa Court re construct three (3) buildings for industrial office/warehouse units DISTRICT 6—BEACH (Deferred from February 5, 2019) RECOMMENDATION: APPROVAL a ��� I' icy' mil` , {I , iQ 3 o I=Hrir �. :iiriJ tAi �rw.. ii i .611 a r LD El g lai lir1 LT-1 1 Tr Ii' 0 i 1 n 1 �- dip D c'� J ttC 1, %la 1' itg 11.0 --r -_ 5 i.,.<, ift. • 8 cts7 001. ___— -- ,, --__________------- A 0 . t, . -- - 1 _ _.C'L __-_ _- �-_"______------- ;IID libt,. qty 1. fes~ _ `~ f yY Jar _ - = lI 1 f I. \u—Q10 1 O\ -ID co r 1�r 4,-,' • # > a D a> a> lit vs- all a)0 1111 I, El P 0 l tt t.I d X CD CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CLEAR CREEK HOLDINGS, LLC [Applicant & Property Owner] Conditional Change of Zoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial) on property located on S. Birdneck Road (GPIN 2417417724), COUNCIL DISTRICT — BEACH. MEETING DATE: February 19, 2019 ■ Background: This application was originally scheduled for City Council's consideration on February 5th but was deferred to the February 19th hearing date by Council action. The 4.38-acre undeveloped lot is zoned both R-10 Residential District (along S. Birdneck Road) and I-1 Light Industrial District (on the western portion of the lot). The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. The proposed exterior building materials will include metal panel siding with a vertical raised-seam band along the top of the building, and split-face block CMU water table to add visual interest to the facade facing Birdneck Road. The proffered landscape plan depicts streetscape frontage, parking lot and foundation plantings, as well as the required 25-foot wide Category II landscape buffer adjacent to the residentially-zoned property to the north. • Considerations: In Staff's view, and the Planning Commission concurred, that the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies set forth for both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana. Furthermore, the property is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Based on the existence of the easement, while a portion of the property is indeed zoned residential, residential uses are not permitted under the terms of the easement. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There was one opposition letter received immediately prior to the Planning Commission public hearing. The citizen requested that the Planning Commission defer the application and noted concerns regarding public notice, traffic, flooding, Clear Creek Holdings, LLC Page 2 of 2 and the transition of land in the Birdneck Road corridor from residential to industrial uses. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. ■ Attachments: Staff Report and Disclosure Statements Proffer Agreement Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department'� - City Manager: `�' Applicant & Property Owner Clear Creek Holdings, LLC Agenda Item Public Hearing January 9, 2019 City Council Election District Beach Virginia Beach Request Conditional Rezoning (R-10 Residential& I-1 Light Industrial to Conditional I-1 Light , ' `''\� p"''`r - Industrial) ,� . ., , Saddam...,.. . « N.�. .. �+s.75d6ONL ..' - . i S`'j' ' 1 w Staff Recommendation 4* I ka iii lemon 4, # .. Approval IrF ,r, «..,..Odra Staff Planner o..,c,..kt ..mss \ I Jonathan Sanders >75d:oN1111111111111 ._, X Location West side of S. Birdneck Road • Co.N4( 'mi.lane GPIN 2417417724 it Site Size „�„ 4.38 Acres AICUZ Greater than 75 dB DNL;APZ 2 Watershed Chesapeake Bay , \. ` - rt1 n1 rr'. 4111 . .zi y te- Existing Land Use and Zoning District t. ► z, . _„.....14—...,-. . Wooded/1-1 Light Industrial, R-10 Residential 'Creek Dove °('D” ' ` fr, 11 Surrounding Land Uses and Zoning Districts ; , �.' , North Vacant/1-1 Light Industrial, R-10 Residential 1 .. : South . Virginia Beach Animal Care&Adoption Center/ '' B-2 Community Business, Conditional I-1 Light �_, a Industrial ' ��'” East s Park/R-10 Residential West . , 'R. ry Wooded/Conditional I-1 Light Industrial • Clear Creek Holdings, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The subject site is zoned both R-10 Residential District on the eastern portion of the lot fronting S. Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. • The 4.38 acre site exists as an undeveloped forested lot. The site is located in the Accident Potential Zone 2 (APZ-2)and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Each business will need to obtain a determination letter from the Navy to ensure that a proposed use within the building meets the terms of the easement. • Three one-story buildings are proposed with a central drive aisle providing access to parking and loading spaces. One vehicular ingress/egress is proposed along S. Birdneck Road with a large turn-around area and 18 parking spaces. • The proposed exterior building materials will include a split-face block CMU water table, metal panel siding with a vertical raised-seam metal sided band along the top of the building. White roll-up doors and an entrance door are proposed for each unit. • The landscape plan depicts streetscape frontage, parking lot, and foundation plantings. The required 25-foot CategoryII landscape screening buffer is depicted adjacent to the residentially-zoned property to the north. • A stormwater management area is proposed at the western end of the site. "R-7;6 1'z"'-G:mr 11un`r ] �I R_ID A 4i2, �J: r, D...cm. ^»-_ - A t2 'NW'' Zoning History • • - P-1 # Request `_ — — =� 1 CRZ(R-2.5 and I-1 to Conditional I-1)Approved / "' = .�. 12/06/2017 /.1 % 2 CRZ(R-10 to Conditional I-1)Approved 12/11/2007 CUP(Bulk Storage)Approved 12/11/2007 (13.2(' t R-10 1 CUP(Outdoor Recreation Facility)Approved 02/09/1987 t --= 3 REZ(R-5 to A-1)Approved 07/06/1981 1 - - - -4 if , - 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 Clear Creek Holdings, LLC Agenda Item 1 Page 2 Evaluation and Recommendation In Staff's opinion,the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies of both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana. The proposed light industrial use will provide low-scale, low-intensity economic opportunities for the area. As recommended by both plans, additional plantings are proposed beyond the minimum throughout the site and along the right-of-way. Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed,the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT-SEATACK BUSINESS CENTER VIRGINIA BEACH,VIRGINIA" (Sheets C1 through C4), and "LANDSCAPE PLAN—SEATACK BUSINESS CENTER,VIRGINIA BEACH, VIRGINIA" (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter "Concept Plans"). Proffer 2: When the Property is developed,the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH)—SEATACK BUSINESS CENTER", dated 10-1-18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the"Elevations"). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. Proffer 3: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, plantings and architectural design and materials. Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes Clear Creek Holdings, LLC Agenda Item 1 Page 3 some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area,AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. In addition,the site is also located within Special Economic Growth Area 1 (SEGA-1)—East Oceana. The Plan calls for development that is sensitive to the neighborhood context while realizing compatible economic development in the area. Recommendations include light industrial uses with significant buffers to shield the surrounding neighborhoods from intrusive impacts. Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed.There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S.Birdneck Road 15,798 ADT 1 28,200 ADT 1(LOS 4"C") Existing Land Use 2-289 ADT 30,600 ADT 1(LOS 4"D") Proposed Land Use 3-740 ADT 1 Average Daily Trips 2 as defined by one acre of 3as defined by a 59,500 square foot 4 L05=Level of Service R-10 and 3.4 acres of I-1 business park zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Birdneck Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. The existing infrastructure currently resides in an approximate 100-foot right-of-way. The MTP indicates a four-lane facility within a 145-foot wide right-of-way. There are no roadway CIP projects slated for this area. Public Utility Impacts Water The site must connect to City water.There is an existing 30-inch City water transmission main along S. Birdneck Road. There is an existing 12-inch City water main along S. Birdneck Road. Sewer The site must connect to City sanitary sewer.There is an existing eight-inch City gravity sanitary sewer main along S. Birdneck Road. Clear Creek Holdings, LLC Agenda Item 1 Page 4 Proposed Site Layout MATCH LINE A—A — UNR 5. PFD DODi `;• • M • •,7.ma eA ,i PFD DOR.1500 _� 1 o3 AT, —T�' E.• PD OMR WT 7B I.v� 607 DOCOi :7'. I FF=15.0 0 UNIT • FT 15.03 DWOR \ I \\ 0M DOOR ` M BUILDING A `\ \\ DM Daae Wry. ` _ �$f OM"— FF=IS.00 1 �j 1` (I.N.2UICOSOSDryJB6821O) �.. .7571 PED DOOR Y 9 (NRL1N A EAU I) --_.. ? UNR 6A PFD DOOR - =Il BUILDING B I w R-1500 I_ ig\ ti PED DOOR WT 58 ( 2ONIN0 LME PFD DOOR ••. FF.IS.00 (RULE F1N>r T B. a 6.4652 ,. n• RSk ISE oM DOOR � k,:::,. o� ? ------\-- 1 $ al ,1\\\\ ; OM E730,R Wf 48 _ 72741.6.1. 0/71 DOM FF-IS.00 , r S UNO M PED DOD! PO)DOOR Fr-15.03 'T'� ", ►.' 700x1 OR FORBQLLY _ WSW,OVItin ..-4 MB.RS P.1341 ,,,. W.9.1H P.2e _i DDDR WT]B CPB}.2117-11-8817 NOW Ca FORMERLY -- FPI? 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'u CLEAR CAM 7KKD0105.LLG •••� I•••• I.-.m-� .•• SFP1a1RR 26,2me MILT GiLLUP x17Zia MI9R W;MM I/4 Cl b.+N+-.s Fvn.svo.0 Clear Creek Holdings, LLC Agenda Item 1 Page 5 Proposed Site Layout MATCH LINE B—B ' �\? OM DOOR I1/41 IOC -mi., / _ ` - PEooWR . PF-a..fc ^•ate-= rim Er- - - � PFD 0050 m. TPM'a FORMERLY _ - ` / .r \ OM WOi Fr N11t.A i.N. 7::;0;1.14,2 0GEE710; TIE COY Q Mp SA&I01 ,.. ,1,:^M1I,'.._'EA�Hj Ix 20041731 0199111 /: : 1.8 20110b00000a!!21 0.A • Y - ,5 0/11 0002 N5:2a17-a1-1]012 r) • •� \\� 11111 8C zaro:I-1 0 � T . PED CON �'11.50 .. Prn DooR ',MIS 5..Il.; !H/. \ \„ 0/11.3.301 UMT 7C 0A41.191/ 99 \ \\:7F- &ODn 5011 20A r � FT.1.20 PD021t ‘•'',`;It OMDOD BMW C € • 1\ t: UMT BC S.' PFD DOOR 00=11.50 :..1 LEO 19A "r PFD DOOR .� Fi-1174 OM DOOR t,\\ �``\�" it M 1 0 �� UMT SC A:11.50 OA DDDR�\\ ` = . WIT 199 M \\,' OM WOt UNIT aC FT."SD PFD ODOR _,': ,. 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'ems ,' __ 1 S1-70.. .. IG .I',I'Slt J_i) 1 _. '. 1 T! �`. - .., t cttii LI ,w.�, how Tiik.agii Ski 1111111.1 'F � ... � !` ',Xi 41.. mit~—� _ '......*... � ,............ .,....9-•'.- •---•;`...r- ,.... SW'M giRDNECK ROAD 00143—.YID R LANDSCAPE PLAN SEATACK BUSINESS CENTER ••MRCNE♦DUD, 9FC9E CUM 0929 90.IDM6.DEC • ORB ,�•• B ••. •CDi J, SCFiean ffi.2019 �LUP •: _ I"17nI 8.1992-909:63.23 �DOWER LID. . t JD ,/. Ll Clear Creek Holdings, LLC Agenda Item 1 Page 8 Proposed Landscape Plan MATCH LINE B—B 11 ', • Mt,T1)N 77 1 15 1 11 �p ' 1 16-2^ F _ I JSI'SC 11: �� mi w rCa.r , l 1 I (I.N.JC";It„C909Ji66210) lOr Sit 3,_. , I ;YRGNIA'_L'ACH) IY AI f.I t A T4-1 .— - 11' il 0M_OYJC.d6 W L;-, • 1...0 1 11 1 3 11111, JNK 4' ei x I 13711A II' I II MIT TC l i 11 , JIJI 20. I _�• I, 9u.i crvc c L I 1i Mn EC „ JJT IPA ';1 ,111 All tIA1T to \� II Ihl - 11 E 1s-1 --- 11 1II .I I 1. J II II 1 'f JNI'X 'II,. 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Clear Creek Holdings, LLC Agenda Item 1 Page 10 Proposed Landscape Plan BIRDNECK OFFICE PARK PLANT MATERIAL SCHEDULE ABBE BOTANICAL NAME COMMON NAME SIZE REMARKS TREES I1 traxcus phcloc Willow 011 -25"caliper Slcnnxn'%ngie nem T2 Comm mer dens ry-eem Redbrd F-IAM. Mufti-,tem 13 Magnolia rilywuua Sscrtboy Magnolia r-IOM. Multi•stem T4 Nssse,ylve0oo /Slack(hon r-23'c.hper Somcrmmsingle ecu TI Plateaus•ec<rilolie London Flaw 2 25"caliper Sperimcn ,angle stem T6 Ru.opuses .Mon000 Holly ID'-12'M. *torten;tangle tem SHRTIAS Si I.iguetrum:Suboraax(coo Stmermod Riser Ligosintm 3 gallon atmtont hedge in oom mulch bed(g 3'oe $7 Pinnspenum Mjo Moto Pmmpurium I gallon coot. Com mass in coat mulch bed rg?Pon S3 Ross'Apricot 111111' Apncol Doll Rus' 3 gallon amt. Cons mass in wet mulch bel t/3'e: 04 Ilex so 000,00 Nana Wall rap' Dwarf Yoepon I lolly 7 gallon con. Coot mus io conmulch bed @ You Ss Dux rocs Him Plume's Blue Privaa Holly 1 gallon cam. Con(halve in coomulch bed g 6'11: S6 Hydrangea'Laroeh& Hyd.Lunch t 3 pdkm coot Cont most in cont mulch bed 4@ 4'oe SO Ilex comate'bootoosh neo. Dwarf Buford l lolly 3 golkm nom Coot hMEc n coal mulch bed Cry-7'oc P}R NNIAJ P! H<•merocallis'happy Returns' Happy Return Deyhly 2 gallon oats Coat mass in cum-mulch bed 2bc mommy Ogg on nsmnxa 17371 466-MU x7677 486 7866 4.4441444 ;4Seatack Business Center 6e:;ac1 6uunn< - �M, 54;�:r. Iain P} " I FOR LEASE it In ' i 11 4'a FRIEETANOING 0IGN7ED 611:00 D 7 MEEt 4/4 L4 Clear Creek Holdings, LLC Agenda Item 1 Page 11 Proposed Elevations . , li 4 - I i \--- f - . . . 1 6 . . L; . , . : . , J W 1.-- 7, • . 0 .,, - • ., , -'r -:- ,1-: ,I) ,L1 " , 0)! .°-r4,---.• ' ' ' ' ' .. ,.0-,s--- •,'-, 1 s'• .. ) ).• 7Z r ,‘ -:, _ -I . ; - ' 1 ..., , : (•". -., LL:,,,--—, . . to• q) • t , 4) Clear Creek Holdings, LLC Agenda Item 1 Page 12 Proposed Elevations ,z r-- 1 . I -'tT.iiir., ( .--:: 13J 1 ; a °, -- c4. ; i : 9_ _- f 40.s -\„97$I e - - A . w I �...- I w -- I' ! i ,9,zI , ri ? 1 Vit: ' i, s i $ 1 I LcI r , , i ( , ',E 1 il 1 — .. rMN )0' � J IM la i ' 3 f Q I L! 6 il)I i NMI 4 1,' i• ' I a .q 1 Clear Creek Holdings, LLC Agenda Item 1 Page 13 Rendering .J-• < k :, I i I -..-.: ,.. . c ( '1 . , . .,. 1". . .,: „ 7 , ( , , iil 4 — „ . t i -`'•i I • L. II i trAav L‘. ',..7.3 vi a:81 fq L Z 1,-. -:--' ' '. • T 1 ) .... ,l0 . ( • Clear Creek Holdings, LLC Agenda Item 1 Page 14 — — - Rendering MS t_ II' MI 11111111 - i el =;E 1/4- 1 y# 5 t Y ow A ----- '° 3 ;. ho- ,1 Z f` %JIM _ „0.S x9lE! I'; I I x9;12 ! ( z 1110111 , ____.. ;. , E , Liu ate; _ ! _ 1 ,� 7 _ J X. I 1 �� { �`..Illlll0 Z ttl 4 -77 MN LLLLJ ill. t. �I • -L-:_-=-..-,:. Ill!I it ca;S TE - t ��` _fra Ililgll - i ►ti _, � _ 11' '-I i - i pui cf, ----W- vlin = N 4 1 �.__ Clear Creek Holdings, LLC Agenda Item 1 Page 15 Proposed Sign PROPERTY Of � j* 14,.'14,.'c i32- ilii C SIPS I17UR 62.7590 7679 0.r p:.. ,.y..e...a Y.7u..7 r N nr��ne . (757)486 3412 !..e QOO 1757)486 7658 •- t Mat n CARDINAL :* Seatack Business Center CaR�NAlSIGN COM .o 0 G rrl Seatack Business Center B,dneck Rd /MIMEO AIS RUtOMR srsaMS Va Beach CAME tut 28173 R2 Design., E" FOR LEASE Salesman: J MHS a SPur t*CIO BLOCK MHOS 1__�._.. PAUMEO SW CTM 14t4LARAA Stoic i i 1 1 } l 1 1,'2"-T-O" I i I I I I 1 12-6-18 FRFFSTANOING 1!GHTED SIGN 0 F Clear Creek Holdings, LLC Agenda Item 1 Page 16 Site Photos ...1..,k.,- 4"•••.• l pe}" .moi.}. Vis, ''. �` i ,, Y�, ! Wim'._ r '.�, t +., a s -'`.--,-5 - . � ii`L`', .> 'k ` ,‘ s ,.� s^,iG i1' '.. ''' ,. -3, ` " r ,- 'i t• ool;,t_, '' ,..7,;, Mit w} . q d ., �+ • 3 ;, 1.r:> om ,.. .'. r rig- - bx 6 ' ' i -. 631 Y Yr' 'S .s- is 4. f ;4 . 9 ? ';;;;,`i-:',...:'* '. ,•-•`•t...I : '11 ' ; ' ,t,•-t r. ,: L ,.-e •V': .a' 0, -� ,';. f. . 'i'.:'' t A ' 1 i , rr � Wiz;. - _ Clear Creek Holdings, LLC Agenda Item 1 Page 17 Disclosure Statement IsB \ir ina Bea:fi APPLICANT'S NAME Clear Creek Holdings, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City 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 __ I Conditional Use Permit I License Agreement Wetlands Board t 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. 6 SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 n.; ,u re %( a�c;r , ;r 2/6/i I{JS Jonathan Sanders Clear Creek Holdings, LLC Agenda Item 1 Page 18 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS_ NOT a corporation, partnership, firm, business, or other unincorporated organization. FlCheck here if the APPLICANT_IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Clear Creek Holdings, LLC If an LLC, list all member's names: Lawrence Kurtz, Sole Member/Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 19 Disclosure Statement \TB 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 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 Clear Creek Holdings, LLC Agenda Item 1 Page 20 Disclosure Statement N/B APPLICANT Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE needed) I I Accounting and/or preparer of Rip Walters,CPA your tax return riArchitect/Landscape Architect/ Covington Hendrix Anderson Land Planner Architects ❑ ® 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) Inl { Construction Contractors Mike Lanning El ❑ Engineers/Surveyors/Agents Gallup Surveyors&Engineers.Ltd Financing (include current n L<i mortgage holders and lenders I ' L/�J selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Sykes.Bourdon,Ahern&Levy,P C Real Estate Brokers/ John Katsias — 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 m an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 21 Disclosure Statement 1P3 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. cteare= • • ^ Lawrence Kurtz, Manager 16/1/12 APPLICANT S' 1 R PRINT NAME DATE • Page 5 of 7 Clear Creek Holdings, LLC Agenda Item 1 Page 22 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Clear Creek Holdings, LLC Agenda Item 1 Page 23 Item #1 Clear Creek Holdings, LLC Conditional Rezoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial) South Birdneck Road District—Beach JANUARY 9, 2019 CONSENT Ms. Oliver: The next order of business, we will address those they have been placed on the consent agenda and the vice chair will handle this portion of the agenda. Ms. Rucinski: Thank you madam chairman. This afternoon, we have four items on the consent agenda. The first matter to be heard is item number one. This is an application for a conditional rezoning R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road approximately 680 feet from Carissa Court in the Beach District. Do we have a representative? Mr. Bourdon: Thank you madam secretary. Madam chair for the record Eddie Bourdon, Virginia Beach Attorney representing Clear Creek Holdings, LLC. We appreciate this item being on the consent agenda as we worked diligently with your city staff on this request and have provided answers to the questions that were raised in the informal this morning about access and parking and my client will be putting in wheel-stops as you suggested. Thank you very much. Ms. Oliver: Thank you. Ms. Rucinski: Thank you, so this is going to be reviewed by Commissioner Redmond. Mr. Redmond:Thank you. This is an application of Clear Creek Holdings, LLC for conditional rezoning from R-10 residential and I-1 light industrial to conditional I-1 light industrial on property located on the west side of South Birdneck Road. The subject site is zoned both R-10 residential district on the eastern portion of the lot fronting South Birdneck Road and I-I Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to conditional I-1 Light Industrial in order to construct three buildings, that you see them there, that will contain 38 industrial office and warehouse units. The site is about 4.3 acres and sits on an undeveloped forested lot. It is also located in the Accident Potential Zone 2 and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. So each business will need to obtain a separate determination letter from the Navy to ensure that its proposed use in the building meets the terms of the easement. There was some discussion this morning about the number of parking spaces, the 1 appropriateness of the number of parking spaces. The applicant helpfully provided some additional data that we did not have this morning. The total number of parking spaces will be 119, 18 of those spaces will be in the front, loading space in the rear and approximately 100 parking spaces in front of or along the open space internal to the center, so which comes out to little over three parking spaces per unit. The commission is unaware of any opposition to this application, the staff recommends approval. The Planning Commission, therefore, concurs by consent,thank you. AYE 10 NAY 0 ABS 0 ABSENT 1 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE WALL AYE WEINER AYE PROFFERS: 1. When the Property is developed, the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, "EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH, VIRGINIA" (Sheets Cl through C4), and "LANDSCAPE PLAN — SEATACK BUSINESS CENTER, VIRGINIA BEACH,VIRGINIA" (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Concept Plans"). 2. When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled "SOUTH BIRDNECK ROAD VIEW" "INTERIOR VIEW" and "BACK VIEW (SOUTH) — SEATACK BUSINESS CENTER", dated 10-1- 18, prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the "Elevations"). The primary exterior building materials shall be split-faced cmu,raised seam metal paneling and white overhead doors. 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code. 2 M. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL OCEANA LAND USE CONFOMRITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. 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 **************************** 2019 CITY COUNCIL MEETINGS Tuesday, February 26 Workshop Tuesday, March 5 Formal Session Tuesday,March 12 Workshop Tuesday,March 19 Formal Session 02/19/19 rw CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/05/2019 PAGE: 1 AGENDA N ITEM# SUBJECT MOTION VOTE A B E J G R I 0 B D NOK M A 0 L W0 O Y LN A 0 A U S O T TEEENS R S O O E TR VS ESDENDN CITY COUNCIL'S BRIEFINGS A. DISPARITY STUDY FINAL REPORT Sameer Bawa. Ph.D.,Managing Director—BBC Research& Consulting ll. CITY MANAGER'S BRIEFINGS A. BI-ANNUAL CRIME STATISTICS Chief James Cervera,Police 13 TCC HOTEL UPDATE Taylor Adams. Interim Director— Economic Development C. FY 2019-20 RESOURCE David Jarman, MANAGEMENT PLAN(Budget) Transportation CAPITAL IMPROVEMENT PROGRAM Division Manager— (CIP)-ROADWAYS Public Works IIUIVN/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y A A Y Y Y Y Y VI/A-E F. MINUTES APPROVED 9-0 Y Y Y Y A A Y Y Y Y Y January 15,2019 B S A D G. MAYOR'S PRESENTATION G.1 AFRICAN AMERICAN HERITAGE Dr.Amelia N.Ross- MONTH Hammond,Founder and Executive Director of Project Management African American Cultural Center Elizabeth Mills and Tammie Rice Seatack Community Civic League 6.2 VIRGINIA BEACH MUSTANGS DAY Bruce Pearl H. PUBLIC HEARINGS H.1 CONVEYANCE OF CITY PROPERTY NO SPEAKERS The Housing Resource Center to the Virginia Beach Development Authority— administer grant funds CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/05/2019 PAGE: 2 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN OK M A 0 L W 0 O Y L N A 0 A US 0 T T EEENSR S O O E T R Y S E SDENDN H.2 CONVEYANCE OF EASEMENTS NO SPEAKERS OVER CITY PROPERTY 5709 Providence Road known as Woodstock Park to Hampton Roads Sanitation District H3 SALE OF EASEMENTS OVER CITY NO SPEAKERS PROPERTY—Interfacility Traffic Area 3320 North Landing Road 2868 Indian River Road 2514 Salem Road J. J.1. Ordinance to AUTHORIZE the ADOPTED,BY 9-1 Y Y Y Y A N Y Y Y Y Y TRANSFER of property located at 104 CONSENT North Witchduck Road(Housing Resource Center)to Virginia Beach Development Authority re administering grant funds J.2. Ordinance to AUTHORIZE utility and ADOPTED,BY 10-0 Y Y Y Y A Y YY Y Y Y access easements over a portion of City CONSENT property located at 5709 Providence Road to the Hampton Roads Sanitation District (HRSD)and DECLARE such easements to be in excess of the City's needs J.3. Ordinance to DECLARE Excess ADOPTED,BY 10-0 Y Y Y Y A Y YY Y Y Y Restrictive Easements over City Property in CONSENT the Interfacility Traffic Area(ITA)and AUTHORIZE the City Manager to sell the same to the United States of America: a. 3320 North Landing Road b. 2868 Indian River Road c. 2514 Salem Road J.4. Ordinances re Cavalier Shores DEFERRED TO 7-3 N Y Y Y A N YY Y Y N Neighborhood: MARCH 5,2019 a. AMEND City Code Sections 21-353 and 21-354 re Residential Permit Parking Program(Deferred from November 20, 2018) b. IMPLEMENT a Pilot Program by Amending City Code Sections 21-353 and 21-354 re residential permit parking J.5. Resolution to PROVIDE for the issuance ADOPTED,BY 10-0 Y Y Y Y A Y YY Y Y Y and sale of Storm Water Utility Revenue CONSENT Bonds,Series 2019,in a maximum principal amount of$35-Million, PROVIDE for the form,details and payments thereof to finance the cost of improvements to the Storm Water Utility System and AUTHORIZE the execution and delivery of document related to such financing CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/05/2019 PAGE: 3 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E 1 G R I 0 B DNOKM A 0 L W 0 O Y L N A 0 A US 0 T T EEENS R S O O E T R Y S E S DENDN J.6. Ordinance re Woodstock Park HRSD Cost ADOPTED,BY 10-0 Y Y Y Y A Y YY Y Y Y Contribution: CONSENT a. ESTABLISH CIP Project 4-049 and TRANSFER$2-Million from Open Space and Park Infrastructure Development and Maintenance II b. AUTHORIZE the City Manager to EXECUTE an Agreement with Hampton Roads Sanitation District(HRSD)re City- Related improvements to Woodstock Park J.7. Ordinance to ACCEPT and ADOPTED,BY 9-1 Y Y Y Y A N YY Y Y Y APPROPRIATE: CONSENT a. $131,446 from Closed and Inactive Capital Projects from the Virginia Beach Development Authority(VBDA)to the Virginia Beach Amphitheater Capital Maintenance re expansion of parking lot J.7. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y A Y YY Y Y Y APPROPRIATE: CONSENT b. $20,000 to the FY2018-19 Parks and Recreation Operating Budget re summer youth employment c. $91,907 from the Estate of Irene Brandon Roper to the FY2018-19 Fire Department Operating Budget re purchase of thermal imaging cameras d. $50,000 from the Virginia Department of Emergency Management(VDEM)to the FY2018-19 Fire Department Operating Budget re purchase supplies and training for Technical Rescue Team e. $484,570 from VDOT to CIP 2-111 "Traffic Safety Improvements IV"re design and construct the Pacific Avenue Pedestrian Improvement Project J.7. Ordinance to ACCEPT and ADOPTED 10-0 Y Y Y Y A Y YY Y Y Y APPROPRIATE: f. $25,000 from VB Home Now,Inc.,to the FY2018-19 Housing and Neighborhood Preservation Operating Budget re efforts to prevent homelessness J.8. Ordinances to APPROPRIATE: ADOPTED,BY 10-0 Y Y Y Y A Y YY Y Y Y a. $699 from the Fire Department Gift Fund CONSENT re purchase a grill for Station 4 b. $6,000 in interest income to the FY2018-19 Fire Department Operating Budget re purchase of a utility vehicle CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/05/2019 PAGE: 4 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DN OK M A 0 L W 0 O Y L N A 0 A U S 0 T T EEENS R S 0 0 E T R Y S E S DENDN J.9. Ordinances to TRANSFER: ADOPTED,BY 10-0 Y Y Y Y A Y YY Y Y Y a. $221,200 within the FY 2018-19 Waste CONSENT Management Operating Budget re support recycling services b. $147,501 from Reserve for Contingencies to the FY2018-19 Housing and Neighborhood Preservation Operating Budget re enforcement efforts and code compliance measures c. $171,269 from Reserve for Contingencies to the FY2018-19 Office of Voter Registration and Elections Operating Budget re recount completed in December 2018 K. K.1. GLENN MCDERMOTT/TOWN APPROVED/ 9-1 Y Y Y Y A N YY Y Y Y CENTER JEWEL,LLC for a Special CONDITIONED, Exception for Alternative Compliance to the BY CONSENT CZO re freestanding sign at 4452 Virginia Beach Boulevard(Deferred from January 15,2019)DISTRICT 5—LYNNHAVEN K.2. CLEAR CREEK HOLDINGS,LLC fora DEFERRED TO 10-0 Y Y Y Y A Y YY Y Y Y Conditional COZ from R-10 Residential&I- FEBRUARY 19, 1 Light Industrial to Conditional I-1 Light 2019,BY Industrial at a vacant parcel off of South CONSENT Birdneck Road,approximately 680 feet from Carissa Court re construct three(3)buildings for industrial office/warehouse units DISTRICT 6—BEACH K.3. L.B.H.,LLC for a Conditional COZ from APPROVED/ 9-1 Y Y Y Y A N YY Y Y Y R-7.5 Residential to Conditional A-24 AS PROFFERED, Apartment at 463 North Witchduck Road and BY CONSENT the two (2) vacant parcels to the South re develop twenty-eight (28) dwelling units DISTRICT 4—BAYSIDE K.4. RICHARD C.TROTMAN and 7 CITIES APPROVED/ 10-0 Y Y Y Y A Y YY Y Y Y TATTOO,LLC at 5296,5298,5300,5302, AS PROFFERED/ 5304,5306,5308,5310,5312,5314,5316 and CONDITIONED, 5318 Providence Road (DISTRICT 2- BY CONSENT KEMPSVILLE)for a: a. Conditional COZ from B-1 Neighborhood Business to Conditional B-2 Community Business b. Variance to Section 4.4 (b) of the Subdivision Regulations re lot width c. CUP re tattoo parlor K.5. ATLANTIC AUTOWERKS, LTD and APPROVED/ 10-0 Y Y Y Y A Y YY Y Y Y JOHN&BETTY WILLIS REVOCABLE CONDITIONED, LIVING TRUST for a CUP re automobile BY CONSENT repair garage at 5479 Virginia Beach Boulevard DISTRICT 2—KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/05/2019 PAGE: 5 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I O B DNOK M A 0 L W O O Y L N A 0 A U S 0 T T EEENSR S O O E T _ R YS E SDENDN K.6 IRON ASYLUM 2,LLC and VIRGINIA APPROVED/ 10-0 Y Y Y Y A Y YY Y Y Y KEMPSVILLE,LLC for a CUP re indoor CONDITIONED, and outdoor recreation facility at 1832 BY CONSENT Kempsville Road, Suite 13 DISTRICT 1 — CENTERVILLE K.7. JARMINE&LECREA APPROVED/ 10-0 Y Y Y Y A Y YY Y Y Y WESTMORELAND for a CUP re family CONDITIONED, day-care home at 4857 South Oliver Drive BY CONSENT DISTRICT 4—BAYSIDE K.8. Ordinance to AMEND Section 1.3 of the APPROVED,BY 10-0 Y Y Y Y A Y YY Y Y Y Floodplain Ordinance re definition of CONSENT repetitive loss K.9. Ordinance to AMEND Section 201 of the APPROVED,BY 8-2 N Y Y Y A N YY Y Y Y CZO re permits for fences CONSENT L. APPOINTMENTS RESCHEDULED BYCONS ENS US 2040 VISION TO ACTION COMMUNITY COALITION BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INVESTIGATIVE REVIEW PANEL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD STORM WATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. NEW BUSINESS REMINDER:CITY COUNCIL RETREAT February 11 and 12,2019 Parks and Recreation Administrative Bldg. 2154 Landstown Road Virginia Beach,Virginia 23456 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/05/2019 PAGE: 6 AGENDA N ITEM# SUBJECT MOTION VOTE A H Y W W B E J G R I 0 B DNOK M A 0 L W 0 O Y L N A 0 AU S 0 T T EEENSR S O O E T R Y S E _ S DENDN N/O ADJOURNMENT 7:10PM OPEN DIALOGUE 3 SPEAKERS 7:25PM 2019 CITY COUNCIL MEETINGS Tuesday, February 5 Formal Session Tuesday, February 12 CANCELLED Tuesday, February 19 Formal Session Tuesday, February 26 Workshop CITY COUNCIL WINTER RETREAT Parks and Recreation Administrative Building 2154 Landstown Road Virginia Beach, Virginia 23456 February 11 and 12, 2019