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06-04-2019 FORMAL SESSION AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL r11A Bp MAYOR ROBERT M. "BOBBY"DYER At Large Jti4G ~ Ac YL VICE MAYOR JAMES L.WOOD,Lynnhaven—District 5 JESSICA P.ABBOTT Kempsville—District 2 0 ; MICHAEL F.BERLUCCHI,Rose Hall—District 3 6' BARBARA M.HENLEY,Princess Anne—District 7 U LOUIS R JONES Bayside—District 4 se s`>. . ,.. JOHN D.MOSS At Large AARON R.ROUSE,At Large o, ,,,,`,,,.w''. GUY K.TOWER Beach—District 6 ROSEMARY WILSON,At Large SABRINA D.WOOTEN,Centerville—District I CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER—DAVID L.HANSEN VIRGINIA BEACH,VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITYASSESSOR-RONALD D.AGNOR June 4,2019 FAX(757)385-5669 CITY AUDITOR-LYNDON&REMIAS E-MAIL:CITYCOUNCIL@vbgov.corn CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. ANINA BUDIG/WEBLIN HOUSE Bobby Tajan, Director—Planning and Community Development B. INTERIM FINANCIAL STATEMENT Alice Kelly, Interim Director—Finance C. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 3:45 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 William L. Crest More than Conquerors Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 21, 2019 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE 11.7 acres of City Property on Bonney Road in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement for the sale of the property to Olympia Development Corporation(Deferred from May 21, 2019) REQUESTED BY COUNCIL MEMBERS ABBOTT, BERLUCCHI, DYER, HENLEY, JONES, MOSS, TOWER, AND WILSON 2. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement and Refunding Bonds, in the maximum amount of$185-Million, and PROVIDE for the form, details and payments thereof, to fund authorized Public Improvements and refund Previously Authorized and Issued Bonds 3. Resolution to SUPPORT the City's local commitment for the Virginia Department of Transportation (VDOT) re Pacific Avenue Bicycle and Pedestrian Safety Program Project 4. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between Hampton Roads Economic Development Alliance (HREDA), the City and ten (10) other Regional Localities re regional economic development 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program (ARP) easements 6. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. Fast Track EMS, LLC b. Miracle Medical Transport, LLC d/b/a Mid-Atlantic Regional Ambulance c. MB Solutions, LLC d. Shore Transport Services, Inc. e. ISC Medical Transport, LLC 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Croatan Beach at the rear of 542 South Atlantic Avenue re construct and maintain wood walkway 8. Ordinance to APPROPRIATE $300,000 from Fund Balance to the FY2018-19 Parking Enterprise Operating Budget re contractual services 9. Ordinances to ACCEPT and APPROPRIATE: a. $91,813 to the FY2018-19 Department of Emergency Medical Services (EMS) Operating Budget re support rescue squad operations and resupply training equipment b. $1,686,141 from Virginia Office of Children's Services to the FY2018-19 Human Services Operating Budget and TRANSFER$335,096 within the Operating Budget re support Children's Services Act(CSA) Program c. $124,449 from Virginia Beach Library Foundation and TRANSFER$91,000 from General Fund Reserve for Contingencies to the FY2018-19 Libraries Operating Budget Operating Budget re purchase of a bookmobile 10. Ordinance to MODIFY Appropriations and TRANSFER$27,547 in the FY2019-20 Housing and Neighborhood Preservation Operating Budget re impact of Federal fund changes and ensure compliance with Federal programmatic requirements I. PLANNING 1. PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE (Deferred from May 21, 2019) RECOMMENDATION: WITHDRAWAL 2. ANINA BUDIG/WEBLIN PROPERTIES,LLC for a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 Planned Unit(R-10 Overlay) re 15 residential units at 5588 Moores Pond Road DISTRICT 4—BAYSIDE APPLICANT AND STAFF REQUEST DEFERRAL TO AUGUST 20,2019 J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** 2019 CITY COUNCIL MEETINGS Tuesday, June 11 Workshop Tuesday, June 18 Formal Session Tuesday, June 25 Workshop Tuesday, July 2 Formal Session Tuesday, July 9 Formal Session Wednesday, July 10 Governance Special Session 5/30/19 pm MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. ANINA BUDIG/WEBLIN HOUSE Bobby Tajan, Director—Planning and Community Development B. INTERIM FINANCIAL STATEMENT Alice Kelly, Interim Director—Finance C. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 3:45 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 William L. Crest More than Conquerors Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 21, 2019 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE 11.7 acres of City Property on Bonney Road in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement for the sale of the property to Olympia Development Corporation (Deferred from May 21, 2019) REQUESTED BY COUNCIL MEMBERS ABBOTT, BERLUCCHI, DYER, HENLEY, JONES, MOSS, TOWER, AND WILSON 2. Resolution to PROVIDE for the issuance and sale of General Obligation Public Improvement and Refunding Bonds, in the maximum amount of$185- Million, and PROVIDE for the form, details and payments thereof, to fund authorized Public Improvements and refund Previously Authorized and Issued Bonds 3. Resolution to SUPPORT the City's local commitment for the Virginia Department of Transportation (VDOT) re Pacific Avenue Bicycle and Pedestrian Safety Program Project 4. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between Hampton Roads Economic Development Alliance (HREDA), the City and ten (10) other Regional Localities re regional economic development 5. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program (ARP) easements 6. Resolution to GRANT permits re ALLOW Emergency Medical Services Agencies to operate in the City: a. Fast Track EMS, LLC b. Miracle Medical Transport, LLC d/b/a Mid-Atlantic Regional Ambulance c. MB Solutions, LLC d. Shore Transport Services, Inc. e. ISC Medical Transport, LLC 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as Croatan Beach at the rear of 542 South Atlantic Avenue re construct and maintain wood walkway 8. Ordinance to APPROPRIATE $300,000 from Fund Balance to the FY2018-19 Parking Enterprise Operating Budget re contractual services 9. Ordinances to ACCEPT and APPROPRIATE: a. $91,813 to the FY2018-19 Department of Emergency Medical Services (EMS) Operating Budget re support rescue squad operations and resupply training equipment b. $1,686,141 from Virginia Office of Children's Services to the FY2018-19 Human Services Operating Budget and TRANSFER$335,096 within the Operating Budget re support Children's Services Act (CSA) Program c. $124,449 from Virginia Beach Library Foundation and TRANSFER $91,000 from General Fund Reserve for Contingencies to the FY2018-19 Libraries Operating Budget Operating Budget re purchase of a bookmobile 10. Ordinance to MODIFY Appropriations and TRANSFER $27,547 in the FY2019-20 Housing and Neighborhood Preservation Operating Budget re impact of Federal fund changes and ensure compliance with Federal programmatic requirements .,H ,, `IN 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring Approximately 11.7 Acres of City Property Located on Bonney Road in Excess of the City's Needs and 2) Authorizing the City Manager to Enter Into a Purchase Agreement for the Sale of the Property to Olympia Development Corporation MEETING DATE: June 4, 2019 • Background: The City of Virginia Beach (the "City") owns property located on Bonney Road (GPIN: 1477-52-4516) (the "Property"), known as the former Days Inn. The Property consists of approximately 11 .7 acres, of which approximately 7.5 acres is not constrained by wetlands. The Property is located in the Pembroke Central Business District/SGA, in close proximity to Town Center and Convergence Center. The Property also abuts a portion of the new Thalia Creek Greenway. The City acquired the Property in 1996 and planned to consolidate the mental health, mental disability and substance abuse program on the site, which plan was later abandoned. In 2001 , the City sold the Property to Branwick Corporate Center, LLC ("Branwick") for $1 .2 million to develop an office complex. Branwick failed to fulfill its commitment to develop the Property, and the City bought back the Property in 2003 for the same price. In October 2017, the City issued a Request for Interest for the sale and development of the Property and two responsive proposals were submitted. In December 2017, the City determined that Olympia Development Corporation ("Olympia") presented the best opportunity to develop a mixed-use project on the Property. • Considerations: The attached ordinance would make the required excess declaration, and it would authorize the sale of the property to Olympia for $2,312,000. The ordinance does not authorize any tax incentives. The ordinance does not mandate any specific form of development. • Public Information: A different deal structure for this transaction was briefed to City Council in open session on April 16, 2019 and May 28, 2019. A public hearing on the excess declaration and proposed sale was advertised on April 28, 2019 in the The Virginian-Pilot. The public hearing was held on May 7, 2019, and there were no speakers. This matter was originally scheduled to be heard on May 21, 2019 and was deferred to June 4, 2019. This item will also be advertised with the City Council Agenda. • Attachments: Ordinance; Location Map; Disclosure Form REQUESTED BY COUNCILMEMBERS ABBOTT, BERLUCCHI, DYER, HENLEY, JONES, MOSS, TOWER, AND WILSON REQUESTED BY COUNCILMEMBERS ABBOTT, BERLUCCI, DYER, HENLEY, JONES, MOSS, TOWER, AND WILSON 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 2 11.7 ACRES OF CITY PROPERTY LOCATED ON 3 BONNEY ROAD IN EXCESS OF THE CITY'S NEEDS 4 AND 2) AUTHORIZING THE CITY MANAGER TO 5 ENTER INTO A PURCHASE AGREEMENT FOR THE 6 SALE OF THE PROPERTY TO OLYMPIA 7 DEVELOPMENT CORPORATION 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property located 10 on Bonney Road, consisting of approximately 11.7 acres (GPIN: 1477-52-4516) 11 (collectively, the "Property"); 12 13 WHEREAS, in October 2017, the City issued a Request for Interest ("RFI") for the 14 sale and development of the Property; 15 16 WHEREAS, the City received two responsive proposals, and in December 2017, 17 after review and evaluation, the City determined that Olympia Development Corporation 18 ("Olympia") presented the best opportunity to develop a mixed-use project on the 19 Property; 20 21 WHEREAS, Olympia and City staff have negotiated the sale of the Property for the 22 appraised value of $2,312,000 and 23 24 WHEREAS, the City Council is of the opinion that the Property is in excess of the 25 City's needs and the sale of the Property to Olympia is in the best interests of the City. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the Property is hereby declared to be in excess of the needs of the City of 31 Virginia Beach. 32 33 2. That the City Manager, or his authorized designee, is hereby authorized to 34 execute any and all documents necessary to sell the Property to Olympia for$2,312,000. 35 36 This Ordinance shall be effective from the date of its adoption. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 39 , 2019. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL SUFFICIENCY: Ci or iey's Office CA14649 R-1 Sponsors May 30, 2019 f •• • Q. •• • I • s S. i • I 1 t.• • • • S • • .. \--: . \ • • b •• i • ( • • • 0 • • • •• e. M1 i i.- * ` % I • a • • • . • • lam- . • • . tz • • • • \ • Q 2 z 0 Q U J • ) , \ . \ 1 - fC ! CC O a - f i G1 U•1 \ � If---'---\.______12 n O N n 1 /,'rl� \ O i by Q. O. Z • O. O Q a u 1l �� \ N713,,,„„! Virginia Beach APPLICANT'S NAME Olympia Development Corporation DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannmg_Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: la NO CHANGES AS OF DATE: ,..477._//7 '7f/7 4 i REVISIONS SUBMITTED DATE: "\B Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Olympia Development Corp If an LLC, list all member's names: Cecil V. Cutchins Cecil V. Cutchins, Jr. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Cecil V. Cutchins Cecil V. Cutchins, Jr. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. Ei Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: L f4y o v 1/ a ' Ei2 if an LLC, list the member's names: Page 2 of 7 1,13 Virginia Beach • If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY • :. s • Page 3 of 7 APPLICANT Virginia Beads YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of BDO your tax return Fi Architect/ Landscape Architect/ Rule Joy,Trammell&Rubio Land Planner Siska-Aurand [1:1 Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ® ® I purchaser of the subject property (identify purchaser(s)and purchaser's service providers) g�'! 1-7 ® Construction Contractors Engineers/ Surveyors/Agents American Engineering Financing (include current TowneBank ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ri ❑ Legal Services Wolcott Rivers, P.C. Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property $ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Reach ' CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meetin 9r eeti of any public body or committee in connection with this '4p • '6/72.7 APPLICA, .-- GNB.*.R PRINT NAME J DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return I Architect / Landscape Architect / 1 I 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) l l _ Construction Contractors F-1 u 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 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 (1(U 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City of Virginia Beach, Virginia, Providing for the Issuance and Sale of General Obligation Public Improvement and Refunding Bonds, in the Maximum Amount of $185,000,000 to Fund Heretofore Authorized Public Improvements and to Refund Previously Authorized and Issued Bonds, and Providing for the Form, Details and Payment Thereof MEETING DATE: June 4, 2019 •Background: Based on a review of capital project expenditures, the Department of Finance has begun preparations for a general obligation new money bond sale in the maximum principal of $117,000,000. The bond sale is composed of portions of the 2015, 2016, 2017, 2018 and 2019 Charter Bond Authorizations previously approved by Council on May 12, 2015, May 10, 2016, May 9, 2017, May 15, 2018 and May 14, 2019, respectively. The bond proceeds from the proposed sale will reimburse previous expenditures for City and Schools authorized CIP projects and may include FY20 expenditures for Schools CIP projects under construction. A preliminary project list totaling $112,583,310 is attached with the flexibility to issue up to the maximum based on market conditions. Based on current market conditions, the City's Financial Advisors, Public Resources Advisory Group (PRAG), has recommended that this sale take place on July 10, 2019. In addition to the new money sale, the Department of Finance and the City's Financial Advisor recommend that the City issue refunding bonds of up to $68 million to save on the costs of future debt service. For the bonds that are candidates for refunding, favorable market conditions allow the City to redeem these bonds and issue refunding bonds at a significant debt service savings. •Considerations: The new money sale represents the City's periodic general obligation bond sale. The City's Bond Counsel, Kutak Rock LLP, has prepared the enclosed resolution authorizing the issuance and sale of the bonds. The bonds will be sold electronically by competitive bid, with the actions of the City Manager being conclusive; provided, the Bonds shall have a true interest cost not to exceed 4.0% with respect to the new money bonds and 4.0% with respect to the refunding bonds. In addition to the typical terms of a bond authorization resolution, the attached resolution authorizes the City Manager or designee to forward cash to the Schools for CIP projects that are subject to this bond sale provided the cash so forwarded is repaid from the proceeds of the July bond sale. This process is not dissimilar to how the City manages cash in capital projects, but because the Schools is a separate political subdivision, the approval of Council is requested. • Public Information: Normal Council agenda process. The original Charter Bond Authorizations subject to a public hearing in the budget process for the applicable fiscal year. In addition, the Resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes, and a Notice of Sale will be placed in The Bond Buyer, a daily newspaper for the tax-exempt bond market. • Recommendation: Approval of the attached resolution. • Attachment: Resolution, Project List Recommended Action: Approval Submitting Depart enthA,gency: Finance City Manager: �, RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS AND REFUNDING BONDS IN THE MAXIMUM AMOUNT OF $185,000,000 TO FUND HERETOFORE AUTHORIZED PUBLIC IMPROVEMENTS AND TO REFUND PREVIOUSLY AUTHORIZED AND ISSUED BONDS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $68,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2015, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects,building and parks and recreation projects, $50,098,405 of which have been issued and sold, leaving an unsold balance of$18,801,595. The issuance of $74,300,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10, 2016, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, and building and parks and recreation projects. Such authorized amount was subsequently reduced administratively to $70,800,000 to comply with certain requirements of the City Charter, $9,504,707 of which have been issued and sold, leaving an unsold balance of$61,295,293. The issuance of $69,272,406 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2017, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $72,208,245 of bonds of the City was authorized by an ordinance adopted by the City Council on May 15, 2018, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. The issuance of $71,009,710 of bonds of the City was authorized by an ordinance adopted by the City Council on May 14, 2019, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. It has been recommended to the City Council by representatives of Public Resources Advisory Group (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of$117,000,000. The City Council has determined it is in the City's best interest to issue and sell up to $14,788,157 of authorized on May 12, 2015; up to $16,860,212 of the bonds authorized on May 10, 2016; up to $32,300,000 of the bonds authorized on May 9, 2017; up to $32,300,000 of the bonds authorized on May 15, 2018; and up to $20,751,631 of the bonds authorized on May 14, 2019. The City has previously issued its $20,755,000 General Obligation Public Improvement Refunding Bonds, Series 2009A(the"Series 2009A Bonds")of which$13,795,000 is outstanding, its $78,875,000 General Obligation Public Improvement Refunding Bonds, Series 2009B (the "Series 2009B Bonds") of which $41,520,000 is outstanding and its $33,000,000 General Obligation Public Improvement Direct-Pay Build America Bonds, Series 2010A-2 (Taxable) (the "Series 2010A-2 Bonds") of which $33,000,000 is outstanding. It has been recommended to the City Council by the Financial Advisor that the City may achieve certain debt service savings by refunding all or portions of the Series 2009A Bonds, Series 2009B Bonds and the Series 2010A-2 Bonds (collectively, the "Prior Bonds") through the issuance of general obligation public improvement refunding bonds in the maximum aggregate principal amount of $68,000,000, subject to certain parameters set forth herein. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued,pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of$117,000,000(the"Public Improvement Bonds") and general obligation public improvement refunding bonds of the City in the maximum principal amount of$68,000,000 (the "Refunding Bonds," and collectively with the Public Improvement Bonds,the"Bonds").The proceeds of the Public Improvement Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, buildings and parks and recreation improvements, as more fully described in the ordinances authorizing the Public Improvement Bonds adopted on May 12, 2015, May 10, 2016, May 9, 2017, May 15, 2018 and May 14, 2019. The proceeds of the Refunding Bonds will be used to refund the Prior Bonds or selected maturities or portions of maturities thereof as herein authorized. Proceeds of the Public Improvement Bonds and Refunding Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2. Bond Details. The Bonds may be issued in one or more series, including issuance as a combined series, and shall be designated "General Obligation Public Improvement Bonds;" provided any Bonds issued in whole or in part as Refunding Bonds shall also contain the word "Refunding" in such designation. The Bonds shall contain the series designation 2019 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of$5,000 and integral multiples thereof and shall be numbered R-1 or RF-1 upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 9,the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or 2 consultation with the Financial Advisor. Subject to Section 9, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 3.75%with respect to the Public Improvement Bonds and 2.50% with respect to the Refunding Bonds (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after July 15, 2029, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than July 15, 2020, and ending no later than July 15, 2039. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a)the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i)that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 6; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 8. 3 So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3)the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4)references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5)in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Refunding Provisions. The City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 2.00% on a net present value basis as determined by the Financial Advisor. In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold and provide for investment of all or portions of the proceeds of the Refunding Bonds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 4. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than July 15, 2029 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered 4 for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the '70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by$5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof 5. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon;provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 6. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 5 7. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 8. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the"Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 9. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 4, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 10. Notice of Sale. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of the Official Notice of Sale, which form is attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 below, and which form is approved;provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 6 11. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 12. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 13. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 14. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the"Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 15. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the 7 Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 16. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 17. Post-Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 and as amended from time to time will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 18. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. The Mayor, the City Manager and such other officers of the City as either may designate are further authorized to the extent necessary or appropriate to develop, implement or enhance procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all obligations issued and to be issued by the City to which such Rule applies. 19. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The City Manager or his designee is authorized to transfer funds to the City of Virginia Beach Public Schools for projects to be reimbursed from proceeds of the Bonds, and any funds previously transferred for such purpose is hereby ratified, confirmed and shall be reimbursed from proceeds of the Bonds . The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 8 20. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of certain of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 22. Effective Date. This Resolution shall take effect immediately. Exhibit A Form of Bond 9 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach,Virginia,this day of June, 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF CY: Finance Department City .,■ r: Office CA-14749 R-1 May 23, 2019 4850-7876-1109.2 Exhibit A—Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public [and Refunding] Improvement Bond Series 2019A INTEREST RATE MATURITY DATE DATED DATE CUSIP , 2019 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each January 15 and July 15, beginning January 15, 2020, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $ General Obligation Public Improvement [and Refunding] Bonds, Series 2019A (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 12, 2015, May 10, 2016, May 9, 2017, May 15, 2018 and May 14, 2019, and are being issued pursuant to a resolution adopted by the City Council on June_, 2019 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements [to refund $ of the City General Obligation Bonds, Series ] and to pay costs of issuance of the Bonds. The Bonds maturing on or before Jul 15, [20 ], are not subject to optional redemption prior to maturity. The Bonds maturing on or after July 15, [20 ], are subject to redemption prior to maturity at the option of the City on or after July 15, [20 ], in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price [The Bonds maturing on [July 15, 20_,] are required to be redeemed in part before maturity by the City on [July 15, 20 ] in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on [July 15, 20 ] in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit.] If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in A-2 selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the 15th day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-3 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-4 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: • • the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by an Eligible Guarantor NOTICE: The signature above must Institution such as a Commercial Bank, Trust correspond with the name of the registered Company, Securities Broker/Dealer, Credit owner as it appears on the front of this bond in Union or Savings Association who is a every particular, without alteration or member of a medallion program approved by enlargement or any change whatsoever. The Securities Transfer Association, Inc. A-5 City of Virginia Beach,Virginia 20194 General Obligation Bond Sale-$117 million City and School Expenditures 1/30/2018-4/30/2019 and Future Needs (in thousands) Expenditures to Reimburse with Project Number&Name Bond Proceeds Roadways 2025 Witchduck Road - Phase II 10,099.80 2256 Indian River Road Phase VII-A 1,497.40 2418 Indian River Rd/Kempsville Rd Intersection Improvements 3,191.00 TOTAL GENERAL GOVERNMENT $ 14,788.20 Schools 1003 Renovations and Replacements- Energy Management II 5,224.80 1004 Tennis Court Renovations Phase II 489.10 1025 Kempsville High School Entrepreneurial Academy Improvements 874.50 1043 Thoroughgood Elementary School Replacement 27,633.80 1056 Princess Anne Middle School Replacement 24,249.80 1099 Renovations& Replacements Grounds Phase II 367.30 1102 21st Century Learning Environment Improvements 1,857.00 1103 Renovations & Replacements- HVAC Systems Phase II 2,898.40 1104 Renovations& Replacements- Reroofing Phase II 1,213.70 1105 Renovations & Replacements-Various Phase II 1,077.40 1233 Old Donation School 380.20 1182 Renovations and Replacements-Various III 4,796.30 1178 Renovations and Replacements- Grounds III 2,522.30 1179 Renovations & Replacements- HVAC Systems Phase III 12,270.90 1184 Plaza Annex/Laskin Road Office Addition 11,606.30 1180 Renovations& Replacements- Reroofing Phase III 4,750.00 TOTAL SCHOOLS 102,211.80 TOTAL PROJECT FUNDS* $ 117,000.00 * Preliminary, subject to change. 5/29/2019 W:\Bond Management\General Obligation\2019$XX.X M GO\Compliance\Project List\Prelim Project List$117M tab:Project List Pre-Sale-Council [ ,,05',zii.7,:. 441 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City's Local Commitment for the Virginia Department of Transportation Pacific Avenue Bicycle and Pedestrian Safety Program Project MEETING DATE: June 4, 2019 • Background: The Bicycle and Pedestrian Safety Program (BPSP) is a core subgroup within Highway Safety Improvement Program (HSIP) that focuses on non- motorized safety concerns. The primary objective of BPSP is to reduce the number and severity of non-motorized crashes as these users are the most vulnerable to injury or death from a crash. This program is administered by the Virginia Department of Transportation (VDOT). The main goal of both HSIP and BPSP is to reduce crashes and their consequences as part the Commonwealth of Virginia's vision that everyone should "Arrive Alive." In the 2018 BPSP, the City of Virginia Beach submitted a request for improvements to Pacific Avenue Pedestrian Improvements. The Pacific Avenue Pedestrian Improvement project will provide a variety of pedestrian related safety improvements from 5th Street to 40th Street, a total distance of approximately 2.5 miles. The proposed systemic improvements along the corridor include high visibility crosswalks, flashing LED pedestrian warning signs, and speed limit reductions. The project also provides for pedestrian refuge islands from 34th Street to 40th Street as well as street lighting from 5th Street to 16th Street and 34th Street to 40th Street. The proposed infrastructure countermeasures will greatly improve safety for pedestrians utilizing the Pacific Avenue corridor within the Resort Area Strategic Growth Area. The improvements will provide much needed safety in a heavily traveled pedestrian area. The City has received a total of$484,570 in BPSP allocations ($436,113 in federal funds and $48,457 in state funds) for the Pacific Avenue Pedestrian Improvement project. The total project cost for the Pacific Avenue Pedestrian Improvement project is $1,010,570. The $526,000 in locally committed funds is budgeted within "Traffic Safety Improvements (TSI) IV" project (CIP # 2-111) of the Roadways Section of the Capital Improvement Program. ■ Considerations: The federal and state BPSP funds were appropriated by the City Council on February 5, 2019. VDOT now requires an additional resolution of support for the local funding commitment in order to execute the VDOT Agreement and begin project development. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached resolution • Attachments: Location Map, Resolution Recommended Action: Approval Submitting De• • r - , • gency: Public Works Engineering )' City Manager:4 1 A RESOLUTION TO SUPPORT THE CITY'S LOCAL 2 COMMITMENT FOR THE VIRGINIA DEPARTMENT 3 OF TRANSPORTATION PACIFIC AVENUE 4 BICYCLE AND PEDESTRIAN SAFETY PROGRAM 5 PROJECT 6 7 WHEREAS, in accordance with the Virginia Commonwealth Transportation 8 Board ("CTB") construction allocation procedures, it is necessary that a resolution be 9 received from the sponsoring jurisdiction requesting that the Virginia Department of 10 Transportation ("VDOT") establish Bicycle and Pedestrian Safety Program ("BPSP") 11 projects to be administered by the City of Virginia Beach and to commit to fund the local 12 portion of the costs of these projects; 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA THAT: 16 17 1. The City of Virginia Beach ("City") requests that the CTB establish a project for 18 the following BPSP project: Pacific Avenue Pedestrian Improvement Project; 19 20 2. The City hereby commits to provide a previously agreed upon local contribution 21 of $526,000 for this project and, subject to appropriation, any additional funds 22 necessary to complete the applicable project contained within this resolution; 23 24 3. The City hereby agrees to enter into a project administration agreement with the 25 VDOT and provide the necessary oversight to ensure the project is developed in 26 accordance with all state and federal requirements for design, right of way acquisition, 27 and construction of a federally funded transportation project; 28 29 4. The City, subject to appropriation by the City Council, will be responsible for 30 maintenance and operating costs of any improvements constructed with BPSP funds 31 unless other arrangements have been made with VDOT; 32 33 5. If the City Council subsequently elects to cancel this project, the City hereby 34 agrees to reimburse to VDOT, subject to appropriation, the total amount of costs 35 expended by VDOT through the date VDOT is notified of such cancellation. The City 36 also agrees to repay, subject to appropriation, any funds previously reimbursed that are 37 later deemed ineligible by the Federal Highway Administration; 38 39 6. That the City Manager is hereby authorized to execute on behalf of the City all 40 necessary project agreements for project development and construction for all FY 2018- 41 19 BPSP related projects. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the day 44 of , 2019. 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Lt 01°1 c(fio = 111/%111..- �, 0 600 1,200 2,400 e61 p ZJG�� � sok IPAVE 5(H ST'Y� _ GIN m Feet a 2 ,GANNET RUN. ,...+�" 'Mg'''.g'''. `E .�F� rn ANNE NDG � ---' win �Nsj°n LOCATION MAP ° PACIFIC AVENUE ,, cmc-�C'"�m PEDESTRIAN IMPROVMENTS Prepared by P.W./Eng./Eng.Support Services Bureau 9/12/2018 X:\CADD\Projects\ARC Files\AGENDA MAPS\Pacific Avenue Pedestrian Improvements rI ,0.-,qT J� � °': :L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement between Hampton Roads Economic Development Alliance, the City of Virginia Beach and Ten Other Regional Localities MEETING DATE: June 4, 2019 • Background: Hampton Roads Economic Development Alliance ("HREDA") has functioned as the regional economic development marketing organization, and it is supported by private and public sector investors. The City of Virginia Beach, along with ten other regional municipalities, provides funding for HREDA in a total amount roughly equal to the private funds raised by HREDA. In its adopted FY 2019-20 Budget, City Council appropriated $400,000 to HREDA, subject to entering into an agreement with HREDA and the other involved localities. Over the course of the past several months, discussions among regional economic development representatives focused on the need to reset the HREDA mission and create updated measurable performance outcomes for HREDA. Recent actions by HREDA's Executive Committee, including certain key staffing changes, provides City staff with confidence that the organization is making the organizational and procedural changes necessary to advance local economic development expectations and goals. The obligations of HREDA and the eleven municipalities are set forth in a Master Agreement for Regional Economic Development (the "Master Agreement"). The Master Agreement sets the funding obligations for the various localities as well as HREDA's obligation to obtain a roughly equal amount of funding from private parties. City staff recommends authorizing the execution of the Master Agreement and providing the level of funding to HREDA as appropriated in the FY 2019-20 Budget. Considerations: The Master Agreement allows HREDA to pursue its mission of growing the regional economy to the benefit of all Hampton Roads residents. If City Council does not believe continued participation in HREDA is in the best interests of Virginia Beach, the proposed Master Agreement provides for Virginia Beach's option to withdraw from the Master Agreement after one year at no further cost to Virginia Beach. • Public Information: A public briefing on this matter was conducted on May 21 , 2019. This matter will also be advertised via the normal agenda process. • Recommendations: Authorize execution of the Master Agreement. • Attachment: Ordinance Recommended Action: Approval Submitting Depart nt/Agency: Economic Development 1���Vir City Manager:• do /via. 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AGREEMENT WITH HAMPTON ROADS 3 ECONOMIC DEVELOPMENT ALLIANCE, THE CITY OF 4 VIRGINIA BEACH AND TEN OTHER REGIONAL 5 LOCALITIES 6 7 WHEREAS, Hampton Roads Economic Development Alliance ("HREDA") has 8 functioned as the regional economic development marketing organization, and it is 9 supported by private and public sector investors; 10 11 WHEREAS, the primary mission of HREDA is the growth of the regional economy, 12 including the economy of the City of Virginia Beach; 13 14 WHEREAS, the promotion of economic growth in Virginia Beach is one of City 15 Council's top five goals; 16 17 WHEREAS, in an effort to promote economic growth, City Council appropriated 18 $400,000 in its FY 2019-20 Budget as Virginia Beach's contribution to HREDA; 19 20 WHEREAS, the funds will be provided and used by HREDA as set forth in a master 21 agreement between HREDA, Virginia Beach and the ten other participating regional 22 localities; and 23 24 WHEREAS, City Council is of the opinion that continued participation in HREDA 25 will promote economic growth to the benefit of the citizens of the City of Virginia Beach. 26 27 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 28 VIRGINIA: 29 30 The City Manager is hereby authorized to execute the Master Agreement for 31 Regional Economic Development between HREDA, the City of Virginia Beach and the 32 ten other regional localities identified in that document, so long as the Master Agreement 33 is substantially in the form attached hereto as Exhibit A, subject only to technical 34 modifications as may be acceptable to the City Manager and in a form deemed 35 satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 38 , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 21,A14111, Econis Development City Attorney CA14656 vbgov.com.dfsl applications\citytaw\cycom32\wpdocs\d024\p028\00564798.doc R-1 May 28, 2019 EXECUTION COPY EXHIBIT A MASTER AGREEMENT FOR REGIONAL ECONOMIC DEVELOPMENT This MASTER AGREEMENT FOR REGIONAL ECONOMIC DEVELOPMENT (as in effect from time to time, "Agreement') is entered into as of July 1, 2019 ("Effective Date"), by and between the HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE, a Virginia non-stock, non-profit corporation ("Alliance"), the CITY OF CHESAPEAKE, , a political subdivision of the Commonwealth of Virginia ("Chesapeake"), the CITY OF FRANKLIN, a political subdivision of the Commonwealth of Virginia ("Franklin"), the CITY OF HAMPTON, a political subdivision of the Commonwealth of Virginia ("Hampton"), the COUNTY OF ISLE OF WIGHT, a political subdivision of the Commonwealth of Virginia ("Isle of Wight'), the CITY OF NEWPORT NEWS, a political subdivision of the Commonwealth of Virginia ("Newport News"), the CITY OF NORFOLK, a political subdivision of the Commonwealth of Virginia ("Norfolk"), the CITY OF POQUOSON, a political subdivision of the Commonwealth of Virginia ("Poquoson"), the CITY OF PORTSMOUTH, a political subdivision of the Commonwealth of Virginia ("Portsmouth"), the CITY OF SUFFOLK, a political subdivision of the Commonwealth of Virginia ("Suffolk"), the COUNTY OF SOUTHAMPTON, a political subdivision of the Commonwealth of Virginia ("Southampton"), and the CITY OF VIRGINIA BEACH, a political subdivision of the Commonwealth of Virginia ("Virginia Beach;" Chesapeake, Franklin, Hampton, Isle of Wight, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Southampton and Virginia Beach individually and collectively, whether one or more, "Public Investors"). Each of the Alliance and the Public Investors are referred to individually as a "Party"and collectively as the"Parties." RECITALS: A. The Parties desire to stimulate growth of businesses, high paying jobs, tax base, the regional economy and economic opportunity for the citizens, businesses, cities and counties in the Hampton Roads region of Virginia ("Region"). Accomplishing this objective requires a regional working relationship that is cooperative, harmonious, aligned and adequately resourced. B. The Parties have determined that the findings and recommendations set forth in the report on Inward Investment and Business Environment Improvement Actions (March 2018), issued by IBM-Plant Location International ("Report"), should be used as a strategic plan to guide the Region's economic development efforts. The Report recommends that the Region's economic development efforts primarily focus on the following industry sectors (collectively, "Targeted Industries"): Shared Services, IT and Software Development, Food Processing, Transport Technologies, Data Analytics and Transportation/Distribution. The Report also recognizes that from time to time additional industry sectors may warrant inclusion in the Targeted Industries and that a portion of Alliance resources should be made available to develop opportunities in such additional sectors. Examples of such additional industry sectors include cybersecurity,biotech R&D and manufacturing, data centers and other opportunities arising from the Region's investment in broadband infrastructure and the transcontinental undersea data cables connecting the Region and the Mid-Atlantic United States to Europe and South America. 37604815_8 C. The Parties intend to implement a comprehensive regional economic development program on the terms set forth in this Agreement that is consistent with the following core principles: (i) The program will be investor/customer oriented to improve the Region's competitive position and to better serve the investors in the Alliance; (ii) Marketing, messaging, regional site preparation/development, workforce development, cluster development and innovation through business expansion, retention and attraction will be coordinated regionally; (iii) The vehicle for this initiative will be a true regional/local partnership between government, business, education and non-profits in the Region with visible and active leadership from the highest levels including CEOs, Mayors, Chairs, Chief Administrative Officers and Presidents; (iv) Sustainable resources of at least $4 million annually will be provided to the Alliance, funded equally by business and government; (v) The Report will be utilized as a strategic plan to guide the Region's comprehensive economic development strategy; and (vi) A public-private steering committee will be formed to provide leadership to advance the restructuring and resourcing of the Region's economic development program. NOW, THEREFORE, for and in consideration of the covenants set forth in this Agreement, the Parties stipulate and agree as follows: 1. Term of Agreement. The initial term of this Agreement begins on July 1, 2019 and expires on June 30, 2022. Thereafter, unless a Party notifies the other Parties that it will withdraw from this Agreement not less than thirty(30) days prior to the end of the initial term or the then current term, the term of this Agreement automatically will renew and be extended for an additional one (1) year period. 2. Fundin i by Public Investors. The Public Investors will provide annual funding ("Public Funding") to the Alliance in an amount approximately equal to the total commitments for annual funding provided to the Alliance by contributors that are not Public Investors (e.g., individuals, businesses, non-profit organizations, educational institutions, foundations, parties providing grants, commissions and boards (individually and collectively, whether one or more, "Private Investors")). Payment of Public Funding may be made in annual, semi-annual or quarterly-annual installments as determined by each Public Investor in its discretion from time to time. 2 (1) Baseline Public Funding. For the fiscal year July 1, 2019 to June 30, 2020, Public Funding for each Public Investor will be in the baseline amounts set forth on Exhibit A attached to and incorporated in this Agreement by this reference. Beginning in 2020 and annually thereafter, the Public Investors collectively will determine their respective funding amounts for the forthcoming fiscal year so that the aggregate amount of Public Funding is consistent with the principles set forth in Section 3. (ii) Annual Appropriation. Notwithstanding anything to the contrary in this Agreement, (i) funding to be provided by each Public Investor pursuant to this Agreement is subject to annual appropriation in each Public Investor's annual budget and (ii) failure of any Public Investor to make an annual appropriation of its required annual funding under this Agreement prior to July 1 of any year in the term of this Agreement will not constitute a breach of this Agreement by such Public Investor but rather will constitute the automatic withdrawal of such Public Investor from this Agreement. Any Public Investor that is automatically deemed to have withdrawn from this Agreement will no longer be entitled to any benefits, or have any future obligations,under this Agreement. 3. Equal Funding by Private Investors and Public Investors, One of the core principles of this Agreement, and of the engagement and financial support from Private Investors, is that sustainable resources of at least $4 million annually be provided to the Alliance, funded equally by Public Investors and Private Investors. Consequently, if at any time (i) the annual funding provided by Private Investors is less than the annual funding provided by Public Investors, then the Public Investors may reduce the Public Funding to a level approximately equal to the annual funding provided by Private Investors and (ii) the annual funding provided by Public Investors is less than the annual funding provided by Private Investors, then the Private Investors may reduce their annual funding to a level approximately equal to the Public Funding. Notwithstanding the provisions of this Section, the Parties acknowledge that it is unlikely that annual funding by Public Investors and Private Investors ever will be exactly equal due to Public Investors funding pursuant to budget appropriations on a fiscal year basis, funding from Private Investors being made on a calendar year basis and the Parties' expectation that annual funding will take approximately three years to reach approximately$4 million annually. 4. Obliiations of the Alliance. The Alliance will have the following responsibilities and obligations: (i) Annual Plan. Establish an annual business plan ("Annual Plan") that includes a budget, staffing and the programs and actions to be taken by the Alliance during the forthcoming year, including goals, action items and performance metrics to be used to manage and measure progress in implementing the Annual Plan ("Performance Metrics"). The Annual Plan and Performance Metrics will be consistent with the Report's recommendations, subject to available financial resources and staffing. The Annual Plan and Performance Metrics may be adjusted periodically by the Alliance Board of Directors. If Performance Metrics are not being achieved, then the Alliance Board of Directors and Alliance management will assess the relevant causative factors and implement appropriate measures in response to such factors. Failure to meet any Performance Metrics will not,by itself, constitute a breach of this Agreement unless the Alliance fails to develop and implement appropriate responses. 3 f (ii) Services and Functions. The Alliance will: (a) Be the lead and single point of contact and information source for outside investors, Virginia Economic Development Partnership ("VEDP") and other state agencies, real estate brokers, real estate developers, franchise utilities, the Port of Virginia, site consultants, workforce boards, educational institutions and all other parties seeking to invest in or be involved in the Region's economic development. (b) Develop a regional operating protocol with VEDP. (c) Manage regional and support local responses to outside investors throughout the overall site/facility Iocation evaluation and selection process. (d) Work collaboratively with the Public Investors and other regional economic development stakeholders to (A) develop the Region's economic development strategy,value proposition and message development and (B)market the Region as a location for business operations, quality and inclusive economic growth and talent attraction and job creation through local, national and international marketing campaigns and business development activities. Primary focus will be given to economic growth within the Targeted Industries. (e) Develop and manage the Region's business retention, expansion and organic growth strategy, in conjunction and collaboration with the Public Investors' economic development departments and other organizations involved in the Region's economic development strategy, including growth of business clusters and startups within the Targeted Industries. This will include monitoring,benchmarking, assessing and directly supporting a local and regional business retention and expansion strategy. (f) Support each Public Investor's efforts to close economic development transactions. (g) Work collaboratively to enhance the Region's long-term regional business environment improvement programs and efforts as set forth in the Report, including regional talent and workforce development, site and facility development, pro-business regulations and return on investment driven economic incentives. (h) Organize and manage the Region's economic developer team ("RED Team"). The Red Team will (A) obtain input from the Public Investors and other organizations involved in regional economic development into the Annual Plan, (B) develop and implement marketing and branding strategies for the Region, (C) coordinate with each Public Investor's economic development department, and other organizations involved in regional economic development, on implementation of the Region's economic development strategy and performance of the Annual Plan, (D) ensure that regional and local economic development efforts are aligned, are complimentary, are cost effective and do not conflict or compete with each other, (E) develop and implement a regional operating protocol between the Alliance and the Public Investors to promote coordination of communications regarding economic development inquiries and (F) develop and implement a regional operating protocol between the Alliance and the Public Investors to promote coordination of site preparation and development in support of the Region's economic development strategy. (i) Work collaboratively with each Public Investor's economic development department to benchmark local and regional competitiveness and regularly provide data and 4 information regarding matters that could impact each Public Investor's ability to attract or retain business and employment. (j) Maintain and develop regional business intelligence (demographic, market and property data, etc.) in coordination with the Hampton Roads Planning District Commission, Reinvent Hampton Roads, Go Virginia, the Port of Virginia and local universities, and serve as an information source in support of regional and local economic development. (iii) Annual Report. Provide an annual report to the Public and Private Investors covering the Alliance's activities, budget and achievement of Performance Metrics for the applicable period. 5. Obligations of the Public Investors. The Public Investors will: (i) Recognition of Role of the Alliance. (a) Designate the Alliance as its official regional economic development organization and single point of contact for regional marketing, business attraction, client communications and care and (b)work cooperatively with the Alliance with respect to business attraction, closing in-bound investment opportunities, business retention and expansion and marketing and messaging in support of the Annual Plan and the Region's economic development strategy. For the avoidance of doubt, this provision does not preclude Public Investors from facilitating the expansion and retention of existing businesses within their respective jurisdictions or from pursuing leads and opportunities with new-to-market companies that have selected a specific jurisdiction as their preferred location for business investment. It is the intent of the Parties that they will have a regional working relationship that emphasizes communication and is collaborative, cooperative and aligned to maximize economic development opportunities. (ii) Funding. Provide their respective shares of the Public Funding. (iii) RED Team. Direct and appoint their senior economic development officer to be the primary staff liaison to the Alliance and represent the Public Investor on the RED Team, and ensure that regional and local economic development efforts are aligned, are complimentary, are cost effective and do not conflict or compete with each other. (iv) Engagement in Governance of the Alliance. Designate an elected official (Mayor/ Chair or other elected official) to serve on the Alliance Board of Directors and actively participate in and represent the Public Investor in Alliance governance and program matters. This person will serve as the Public Investor's key communication liaison with the Alliance. The Public Investor's chief administrative officer may serve as an alternate voting representative on the Board of Directors in the absence of such elected official. (v) Services and Functions. The Public Investors will: (a) Actively align and coordinate their economic development activities and efforts to ensure that such activities and efforts are supportive of the Region's overall regional economic development strategy and do not duplicate or conflict with the regional strategy and the Annual Plan. 5 (b) Cooperatively work with the Alliance to improve regional and local competitiveness and market readiness to support the growth and expansion of the Targeted Industries. (c) Coordinate with the Alliance to develop, monitor, benchmark, assess and implement an effective local and regional business retention and expansion strategy. (d) Participate in the Alliance and RED Team planning processes to help ensure that the Annual Plan and operating protocols incorporate the Public Investors' priorities. (e) Respond to leads or prospects referred by the Alliance in a timely manner pursuant to protocols established by the Alliance and approved by the RED Team. (f) Participate in the Alliance led marketing and business development activities designed to promote the Region overall as a business location. 6. Governance of the Alliance. Management and governance provisions for the operation of the Alliance are set forth in the Alliance Bylaws. The Parties recognize that revisions to such governance and management Bylaw provisions will be required to provide more effective and efficient management and governance for the Region's economic development program. The Parties and the Private Investors will evaluate and implement a governance structure that may include, among other revisions, the following: (a) Public Investors that provide at least $125,000 of annual Public Funding (collectively, "Major Public Investors") will have a prominent role in the development of a new governance and management structure. (b) The Major Public Investors will be represented on the Alliance Board of Directors. (c) At-large representation on the Alliance Board of Directors and a subcommittee structure will be utilized to provide opportunities for all Public Investors to have input into the operation and direction of the Alliance. 7. Administrative Provisions. (i) Entire Agreement. This Agreement contains the entire agreement of the Parties regarding the subject matter of this Agreement, and there are no other terms, obligations, covenants or conditions, oral or otherwise, of any kind whatsoever. (ii) Amendments: Waivers. No change or modification to, or waiver of any provision of,this Agreement will be binding or enforceable unless in writing and signed by the Parties. (iii) Assignment. This Agreement, and the rights and obligations of the Parties under this Agreement,may not be assigned by any Party without the prior written consent of all Parties. (iv) Additional Public Investors. Should any other city or county desire to become a party to this Agreement from time to time, such city or county may do so by signing and delivering a Joinder Agreement also approved and signed by the Parties. (v) Counterparts. This Agreement may be executed simultaneously in counterparts, each of which will be deemed an original but all of which together will constitute one and the 6 same agreement. This Agreement and any amendments or joinders to this Agreement, to the extent signed and delivered by means of a .PDF, facsimile machine, email or other electronic transmission, will be treated in all manner and respects and for all purposes as an original agreement or instrument and will be deemed to have the same binding legal effect as if it were the original signed version thereof delivered in person. (vi) Severability. If any term, covenant, condition or provision of this Agreement is unlawful, invalid or unenforceable, such illegality, invalidity or unenforceability will not affect the remaining provisions of this Agreement, which will remain in full force and effect and will be binding on the Parties. (vii) Headings. The headings of the sections of this Agreement are inserted for convenience only and do not affect the meaning or interpretation of this Agreement or any provision of this Agreement. (viii) Construction. Unless the context requires otherwise, singular nouns and pronouns used in this Agreement will be deemed to include the plural, and pronouns of one gender will be deemed to include the equivalent pronoun of the other gender. (ix) Notices. All notices, requests, demands or other communications provided for in this Agreement must be in writing and will be deemed to have been given and received, when addressed to the Parties at the addresses set forth on their respective signature pages to this Agreement, (a) one (1) business day after being sent by reputable overnight carrier for priority next day delivery, charges prepaid, or(b) five(5) business days after being sent by registered or certified U.S. Mail, return receipt requested, postage prepaid. Each Party may designate a different or additional address or addressee from time to time by notice to the other Parties. (x) Default by Alliance. If the Alliance fails to fulfill any material obligation under this Agreement and such failure continues for more than sixty (60) days after notice of such failure is given by a Public Investor, then the Public Investors may terminate this Agreement by notice to the Alliance; provided that if the remedy requires work to be done or actions taken which by their nature reasonably cannot be accomplished within such period,then no default will be deemed to exist if the Alliance commences and diligently pursues appropriate remedies to completion within one hundred twenty (120) days or such longer period as may be approved by the Public Investors. (xi) Applicable Law. This Agreement will be governed by, and will be construed and performed in accordance with, the laws of the Commonwealth of Virginia. (xii) No Third-Party Beneficiaries. This Agreement is for the benefit of the Parties only. No other person or entity will have any right or entitlement, whether as third-party beneficiary or otherwise, with respect to or by reason of any provision of this Agreement. [Remainder of page intentionally left blank; signature pages follow.] 7 [Signature page—Master Agmt for Regional ED] IN WITNESS WHEREOF, an authorized representative of each of the Parties has signed this Master Agreement for Regional Economic Development effective as of the Effective Date. HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE, a Virginia non-stock,non-profit corporation By: (SEAL) Print Name: Robert S. Herbert Title: Interim President and CEO Address for Notices: 500 East Main Street Suite 1300 Norfolk,VA 23510 Attn: President/CEO [Signatures continue on next page] 8 [Signature page Master Agmt for Regional ED] CITY OF a political subdivision of the Commonwealth of Virginia By: (SEAL) Name: Title: APPROVED AS TO FORM AND CORRECTNESS: City Attorney APPROVED AS TO CONTENT: City Manager Address for Notices: , Virginia Attn: City Manager With a copy to: ,Virginia Attn: City Attorney [Signature pages for each Public Investor to be added] [Signatures continue on next page] 9 EXHIBIT A Public Investor Baseline 2019-2020 Public Funding Chesapeake $ 240,397 Franklin $ 8,176 Hampton $ 134,669 Isle of Wight $ 36,552 Newport News $ 179,388 Norfolk $ 244,703 Poquoson $ 12,053 Portsmouth $ 94,572 Suffolk $ 90,237 Southampton $ 17,750 Virginia Beach $ 400.000 Total $ 1,458,932 10 4 i� Fo �� '"` TC'�7 T) u S) ,,,:..,,,_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute an Intergovernmental Agreement Between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach Regarding the Purchase of Agricultural Reserve Program Easements MEETING DATE: June 4, 2019 • Background: In 2018, the Virginia Department of Agriculture and Consumer Services ("VDACS") determined that the City of Virginia Beach (the "City") is eligible for additional State funding over the next two years in the maximum cumulative amount of $111,618.52, as reimbursement for certain costs to be incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program ("ARP"). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, June 14, 2011, January 24, 2012, January 22, 2013, March 11, 2014, February 24, 2015, February 2, 2016, February 7, 2017 and February 20, 2018. Subject to the approval of the City Council, the City staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (the "Agreement") providing for the additional funding. • Considerations: The Agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements, (2) the cost of appraisals, (3) attorney's fees, (4) the cost of surveys, (5) title insurance fees, and (6) public notice costs. The Agreement also allows the City to be reimbursed for other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The Agreement also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 50% of the costs listed above, up to the maximum cumulative amount of $111,618.52. • Public Information: No special advertising is required. • Recommendations: Adoption of Resolution ■ Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting De mepttAgency: Agriculture Department City Manager: `, 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE AN 3 INTERGOVERNMENTAL AGREEMENT BETWEEN 4 THE VIRGINIA DEPARTMENT OF AGRICULTURE 5 AND CONSUMER SERVICES AND THE CITY OF 6 VIRGINIA BEACH REGARDING THE PURCHASE OF 7 AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") adopted the Agricultural Lands 10 Preservation Ordinance in May 1995, thereby establishing the Agricultural Reserve 11 Program ("ARP"), a comprehensive program for the preservation of agricultural lands 12 within the City; 13 14 WHEREAS, since its inception of the ARP, approximately 9,873 acres of land 15 have been placed under easements restricting development of the land to agricultural 16 uses; 17 18 WHEREAS, the General Assembly, by Chapter 2 of the 2018 Special Session 1 19 Acts of Assembly, appropriated $250,000 in the fiscal year ending June 30, 2019 to the 20 Virginia Department of Agriculture and Consumer Services ("VDACS") for the 21 continuation of a state fund to match local governmental purchases of development 22 rights program funds for the preservation of working farms and forest lands; 23 24 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes the VDACS Office 25 of Farmland Preservation to develop methods and sources of revenue for allocating 26 funds to localities to purchase agricultural conservation easements; 27 28 WHEREAS, VDACS has determined that the City is eligible to receive 29 contributions of funds from VDACS in reimbursement for certain costs the City will incur 30 in the course of purchasing ARP easements; 31 32 WHEREAS, the City and VDACS desire to enter into an agreement wherein 33 VDACS will agree to reimburse the City for certain costs incurred by the City in the 34 course of purchasing ARP easements, up to a cumulative maximum amount of 35 $111 ,618.52 for a period of two (2) years from the date of the agreement; 36 37 WHEREAS, a copy of the proposed agreement between the City and VDACS, 38 entitled "Intergovernmental Agreement Between Virginia Department of Agriculture and 39 Consumer Services and The City of Virginia Beach," dated December 31 , 2018 (the 40 "Agreement"), is on file in the City Clerk's Office; 41 42 WHEREAS, a Summary of Terms of the said Agreement is attached hereto as 43 Exhibit A; and 44 WHEREAS, the City Council finds that the terms of the said Agreement are fair 45 and reasonable and would be of significant benefit to the City and its citizens by 46 providing an additional source of funds for the purchase of ARP easements. 47 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 49 OF VIRGINIA BEACH: 50 51 That the City Manager is hereby authorized and directed to execute the 52 Intergovernmental Agreement between the Virginia Department of Agriculture and 53 Consumer Services and the City of Virginia Beach, dated December 31 , 2018, so long 54 as the terms are in accordance with the Summary of Terms attached hereto as Exhibit 55 A and incorporated herein, and such other terms, conditions, or modifications as may be 56 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney, 57 and to take such measures as are necessary or advisable to implement the Agreement. 58 59 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 60 VIRGINIA BEACH: 61 62 That the City Council hereby expresses its appreciation to the Governor, the 63 General Assembly and the Virginia Department of Agriculture and Consumer Services 64 for their continued commitment to the preservation of agriculture within the 65 Commonwealth of Virginia and the City of Virginia Beach. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia on the day 68 of , 2019. Approved as to Content: Approved as to Legal Sufficiency: t. , 0-1/u Dept. of Agriculture City Attorney CA14655 \\v gov.com\dfs 1\applicalions\citylaw,cycom32\wpdacsld7231DO32100554753.doc R-1 May 24, 2019 EXHIBIT A Summary of Terms Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach (the "Agreement") Parties: The City of Virginia Beach (the "City") and the Virginia Department of Agriculture and Consumer Services ("VDACS"). Background: Since 2008, the City has been approved to receive a total of $1,882,585.43 from VDACS for reimbursement of costs associated with purchasing easements under the City's Agricultural Reserve Program ("ARP"), as follows: 6/24/08 — $ 403,219.75 1/27/09 — 49,900.00 2/23/10 — 93,932.19 2/22/11 — 12,500.00 6/14/11 — 54,247.37 1/24/12 — 110,952.46 1/22/13 — 160,715.64 3/11/14 — 149,678.46 2/24/15 — 286,983.46 2/02/16 — 411,890.87 2/07/17 - 86,950.00 2/20/18 - 61,615.23 The City is now eligible to receive an additional $111,618.52 in VDACS funds. VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $111,618.52 under the Agreement. Reimbursable items include: • cost of Treasury STRIPS acquired to purchase the easement • title insurance • appraisals • physical surveys • reasonable attorney's fees • public notices • recordation fees Maximum reimbursement for a single purchase is equal to 50% of the sum of the amounts actually paid by the City for the purchase price of the easement and reimbursable costs. City of Virginia Beach Responsibilities: • Obtain title insurance on City's purchased interest that covers an amount at least equal to the amount for which City requests reimbursement from VDACS. • Utilize state funds to further protect agricultural lands by purchasing development rights. • Submit an annual progress report to VDACS each year that the Agreement is in effect to: (i) describe any prospective properties and the status of any negotiations; (ii) provide estimated timeframes for execution of purchase agreements; (iii) describe City's public outreach program designed to educate various stakeholders; (iv) describe City's development and maintenance of a monitoring program; and (v) describe how City is continually evaluating the effectiveness of the ARP program. • Enforce terms of each ARP easement. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to the VDACS contribution toward the total reimbursable cost of acquiring the ARP easement. • Within 30 days of execution of the Agreement, City shall have available local funds greater than or equal to the allocation amount for the purpose of purchasing ARP easements. Duration and Termination: • Term is two years from the date of the Agreement (December 31, 2018 through December 31 , 2020). • City may be recertified as eligible for future funding, but not guaranteed. • The Agreement may be terminated if the City fails to perform any of its obligations under the terms of the Agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other Purchase of Development Rights programs. 2 f,1 1 jii tis' „ CITY OF VIRGINIA BEACH t1/4...._ AGENDA ITEM ITEM: A Resolution to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 4, 2019 • Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. • Considerations: The following renewal applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: Fast Track EMS, LLC; Miracle Medical Transport, LLC d/b/a Mid-Atlantic Regional Ambulance; MB Solutions, LLC; and Shore Transport Services, Inc. During the previous twelve months, most of the private emergency medical services agencies listed above performed non-emergency and inter-facility transports to include both basic and advanced life support calls. The following new application has been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agency: ISC Medical Transport, LLC. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting D • en i ' gency: Department of Emergency Medical Services City Manager. ' f 110 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed on 8 a biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following , 11 agencies: Fast Track EMS, LLC; Miracle Medical Transport, LLC d/b/a Mid-Atlantic 12 Regional Ambulance; MB Solutions, LLC; and Shore Transport Services, Inc.; and 13 14 WHEREAS, an application for a new permit has been received from ISC Medical 15 Transport, LLC; and 16 17 WHEREAS, the above-listed private ambulance agencies perform services not 18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 19 transports, which include both basic and advance life support calls. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH; 23 24 1. That the City Council hereby grants renewed permits to the following agencies: 25 26 Fast Track EMS, LLC; Miracle Medical Transport, LLC d/b/a Mid-Atlantic 27 Regional Ambulance; MB Solutions, LLC; and Shore Transport Services, Inc.; 28 and 29 30 2. That these permits shall be effective from July 1 , 2019 to June 30, 2021 ; and 31 32 3. That the City Council hereby grants a new permit to the following agency: 33 34 ISC Medical Transport, LLC; and 35 36 4. That this permit shall be effective from July 1, 2019 until June 30, 2020. 37 38 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: d Bra le, Chief Eliz/-th Bradley 1�=Jarnette Emergency Medical Services Cit A ttorney's Office CA14743 R-3 May 10, 2019 DISCLOSURE STATEMENT FORM .._ . t_ _.. ,.o., The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Fast Track EMS LLC Indicate if you receive any of the following services, and if so, from whom: YE N SERVICE PROVIDER (use additional S 0 sheets If needed) Accounting and/or preparation X of tax returns Anchor Accounting Financial Services (include lending/banking institutions BB&T for Banking Only X and current mortgage holders as applicable) X Legal Services Page, Wolfberg, and Wirth CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X . "3"4 )".‘411 : , APPLICANT'S SIGNATURE James Stafford 04/09/2019 PRINT NAME DATE tvtct.V.ran:',ot:.1 tDtpe rtu..:rtf. ACmUl 1.0-[4W•SVE.FlitKESS.A{t .„U?PL!ER•AGREEMENT- t.NAGEMENTuuppifentoceth•-pt Utateti•arty,cms-cmc los utr.-stetx^terR.uo_ 'iivIncv.tern•1dh1ipeptrtmer tmEM5",E115 ACr.,41t000-EMM(-SVC-PRODESS4:REAtSUPP:IER-AGREE MEN--MANAc EMENT1supplkr,k•c et',-ptt nittEJ-trn::;ems•dk Su t-statement ••fil@b:r.rdr DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that It can determine if any City Council members have conflicts of interest In the application you are bringing before them. Organization name: t4tC&La- µ �aQ li Ow+ L>VA -.aarY!-ic. Qecydc 1 Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER(use additional sheets if needed) ,J� Accounting and/or preparation of tax returns M1tJj� 3c*T� Financial Services (include bank ,. ,� L institutions, lending institutions, 1 .�‘QU�i�t_.. and current mortgage holders as J applicable) `t/ Legal Services G�e5 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete, true, and accurate. I under tand I am respo s de for updating the information provided herein if it change prior to the oun it action upon this Application. X APP •'• S .•T�'• Wtad‘ \12_\16 ICI I PRINT NAME DATE tWv rmNklt!.ryiK,-+-1,M1‘ -PSACn.,101V-JI'tI-JrfAOGES$-ArCEP'SUFFSL,1-:4tEEMENT-FW4AGFAENTISA*LAN'•)-Permrd4rm^ra6-0i5'sveSte:er.rnt.gc. N ]cw ..r,1fs11D?R..nr mm!av,L-t.SND,:..,.A1±MHt-�Y.PROCESSnataSoPttlE,-AGREVIENT,'W'!-' iL1T zppberlu;:rK1.-Twa.Yle4urev-06:1,7=urt n4t+rr,r1 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: ( M B Solutions, LLC indicate if you receive any of the following services, and if so, from whom: YES NO t SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparation of EDO tax returns Financial Services (include X lending/banking institutions and Wells Fargo current mortgage holders as 9 applicable) X Legal Services Barry Koch CERTIFICATION: I i certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council actio$ this Application.410110PF FrarSIGNATURE JNIPrearvalho April 8, 2019 PRINT NAME DATE DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. • Organization name: Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) Y Accounting and/or preparation of tax returns Rib Vaal- ePA- Fnancial Services (include lending/banking institutions and C1n�D� �C�Jik (� Tom ' current mortgage holders as X as •licable)Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein If it changes prior to the Council action upon this Application. X % Q APPLICANTS SIGNATURE T-re_01 e,ri-4- 1.. ItA a-►----14-wiD s 0 -{l 17 / 19 PRINT NAME DATE ..090 4Zr1..N I1De,CATeLlt.11S2 ekgrry 000•Q1.7:•NC•PC.CCEB•RERSUra:16•:G EVAN74 WmAG•fNE14rWr.Nznie=v-D?rt wt-trt6lani-SKGM.naVatamentAu• •;w"a..tW.as:•sCwvataneW.F. St *tams:aV•axv-svt ceESs•ARtASUPn!g:rAMKTrr-rwun,.x.NTvuao+e.licca.roamncea•easve arr rmurc,•em-rat oe• . DISCLOSURE STATEIVIE rl�` FORM The Virginia tieach City council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have tonflicts of interest in the application you are bringing before them. Ot'94tnizati°n 4221"°' Indicate tf you receive any of the following services, and if so, from whom YES NO SERVICE PROVIDER(use additional sheets if + �_-_.-.__.._ _---- ' __.____.� _.._._i 1 needed} '----1 1 ,'. I F i i I Accounting and/or preparation of _ tax returns i Wita in t mAtt,t J .Financial Services(include — �� . � , .. r ii: -4 's¢ P ,414 i f lending banking institutions and f current mortgage holders as " 1 (�77 { applicable) ' O #. 1: t f-,. t 1-1 / I Legal Services 1 i _ t___ ._ ; CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. II ;tndersrand I am responsible fol updating the Information provided herein if it( C i changes prior ix)the Council action upon this Application. i, 001 _ - _ = PRINT NAM' i iA l t Scanned by CamScanner [ rriaakre.44„ `�:4 .r CITY OF VIRGINteIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City's Property Known as Croatan Beach Located at the Rear of 542 S. Atlantic Avenue MEETING DATE: June 4, 2019 • Background: Donna Martin (the "Applicant") has requested permission to construct and maintain a proposed 4'-wide wood walkway with steps (the "Encroachment"), at the rear of her property located at 542 S. Atlantic Avenue. The Encroachment would extend 34.5' into a portion of the City's property known as Croatan Beach. • Considerations: City staff has reviewed the requested Encroachment and recommends approval of same, subject to certain conditions outlined in the Agreement. The Coastal Zone Coordinator also confirmed that the Encroachment is in conformity with the Beaches and Waterways Advisory Commission's Dune Encroachment Recommendations set forth in the Resolution adopted by City Council on October 23, 2007 (RES-03274). There are similar encroachments in Croatan Beach. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the Encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Plat, Location Map, Agreement, Disclosure Statement Form Recommended Action: Approval of the Ordinance. Submitting De• - • en • •ency: Public Works/Real Estat ,,,. City Manager: • 1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE CITY'S PROPERTY 6 KNOWN AS CROATAN BEACH BY DONNA 7 MARTIN LOCATED AT THE REAR OF 542 S. 8 ATLANTIC AVENUE 9 10 WHEREAS, Donna Martin, desires to construct and maintain a proposed 4'- 11 wide wood walkway with steps upon a portion of the City's property known as Croatan 12 Beach, located at the rear of 542 S. Atlantic Avenue (the "Temporary Encroachment"); and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's property subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donna Martin, her heirs, 23 assigns and successors in title are authorized to construct and maintain a proposed 4'-wide 24 wood walkway with steps upon a portion of the City's property known as Croatan Beach, as 25 shown on the map entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING 4' WIDE 26 WOOD WALKWAY WITH STEPS FOR DONNA MARTIN M.B.24 P. 37D LOCATED IN 27 PROPERTY OF CITY OF VIRGINIA BEACH", dated January 11 , 2019, and revised 28 through March 11, 2019, prepared by Gallup Surveyors & Engineers, a copy of which is 29 attached hereto as Exhibit A, and on file in the Department of Public Works and to which 30 reference is made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 33 subject to those terms, conditions and criteria contained in the agreement between the City 34 of Virginia Beach and Donna Martin (the "Agreement"), an unexecuted copy of which has 35 been presented to the Council in its agenda, and will be recorded among the records of the 36 Clerk's Office of the Circuit Court of the City of Virginia Beach; 37 38 BE IT FURTHER ORDAINED, that the City Manager or his authorized 39 designee is hereby authorized to execute the Agreement; and 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 42 such time as Donna Martin and the City Manager or his authorized designee execute the 43 Agreement. 1 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 45 day of , 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: cri,is, .fft A&SI 6- / f=P , WORKS, REAL ESTATE DANA -. HARMEYER SENIOR CITY ATTORNEY CA 14432 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d006\p030\00560154.doc R-1 May 9, 2019 2 CITY OF VIRGINIA BEACH ,4.0', 12.0' i M.B. 24 P. 37 I:cc o 34.5' 1 cd IlIlIIIIHII �,-- 4' WIDE WOOD WALKWAY WITH STEPS o N S 1270'50" Elilt J[f l 4—50.00' �i 0 5.0' 4.0' 5.0' .4.: MASONRY WALL24.62' `r' - x;7_8' ', POOL COLUMNS I- ' S 12'10'50" E 1 50.00' '1 VARIABLE WIDTH R o R LOT 8-A —.1 LOT MODIFIED 1"=20' ENLARGEMENT BLOCK 26 IPEDESTRIAN M.B. 24 P. 37D o INGRESS/EGRESS I GPIN.' o (-) EASEMENT 2427-30-6205 Q w I.N. 20090211000138010 CONC. PATIO I"' NOW OR FORMERLY NBH & BJB 3 ii NOTE: NOW OR FORMERLY ASSOCIATES, LC z GRAVEL ROY A. WUJKOWSKI 1. THIS PLAN WAS PERFORMED I.N. 200508300138391 o A/C REVOCABLE TRUST WITHOUT THE BENEFIT OF LOT 9A ¢ 0 I.N. 20080328000353160 A TITLE REPORT. BLOCK 26 GRAVEL o LOTS 7 & 19 I.N. 2006D91900142840&o :16 BLOCK 26 LTH (PLAT) ,vi SHED \ M.B. 37 P. 11 .41,t, �F y GP}N: 2427-30-5390 R, l GPIN: 2427-30-5168 O� o Gam, ``' GRAVEL D R UTLER a o o3 I- PUMP ^ No. a 3 STORY h. GRAVEL "' ' 3839519 �¢ FRAME, STONE z 3 ' S 1;\Y \�� & STUCCO RESIDENCE - A/C CLir ,_ EXISTING 10' PUBLIC SIGNAL # 542 I o INGRESS/EGRESS GRAVEL 1 Q EASEMENT OF THE CITY OF EXHIBIT A 1 m VIRGINIA BEACH ENCROACHMENT -- ----1-- D.B. 656 P. 108-109 EXHIBIT SHOWING CONCRETE 1 4' WIDE WOOD DRIVEWAY I WALKWAY WITH STEPS I 350' TO P.I. OF FOR TWILIGHT LA. DONNA MARTIN I II ,._._ (FORMERLY ELM AVE.) M.B. 24 P. 37D 0 50.00 " I e LOCATED IN N 12'1Q 50 W PIN(F) PROPERTY OF S. ATLANTIC AVENUE (50' R/W) CITY OF VIRGINIA BEACH (FORMERLY CHAUTAUQUA AVE) (M.B. 37 P. 11) SCALE: 1" = 30' DATE: JANUARY 11, 2019 MARCH 11, 2019 REVISED SHT. 1 OF 2 0' 30' 60' 90' GALLUP SURVEYORS & ENGINEERS 18-51 is s s sim 323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454 G:\18\18-51 encrplatdwg,3/14/2019 11:59:45 AM,1:30,3E4 (757)428-8132 I •co L.61 NjNN _ .Crf:tQ U � 01w� 0 6 NO WZ O (/� Z o O � .ZC.- rN c M 0 3<w 'x - Z j L) o _ = F- o mOC Lijy 0 ' I__ omcc>co _ - = Q 0J wQNQWIY 0 " xpF— �Q= z c� cj Lce — r.. w0m31-- p � O � ll_ rxj0 cfl ' of : f W II d0 Is. � 1 � e MU I \ t-- — JN Q' b *- - I `O / 1 i i N 1r I 0. 63 1 j x J N I i � ID �� }_ .4C id- •41: 0 . ti/AshL I I ma i 1 /1,. 1 ,4'i I �O i�Q i , >-0) ,, • \\ , 1 /8- am0m }--• r `\.` �/ DD �f3 w z Q"., 1 irr, ‘,,,, O x f' d < - 1 \ fl j 1. 0 w N 3 I \1v 1 f r. J M1 x� ' W * " NIVSF'��; \ C 1 "- • 1 1 1\ \` a. V1 f1 ` �` ¢t. 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C NV T 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 7' day of YY201., , 201 9 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DONNA MARTIN, HER 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 8-A"; as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 8, 9, 20, & 21, BLOCK 26, RESUBDIVISION OF PART OF CROATAN BEACH (M.B. 37, P. 11) VIRGINIA BEACH, VIRGINIA," dated August 17, 2006, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument # 20060919001428400, and being further designated, known, and described as 542 South Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 4' wide wood walkway with steps, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's property known as Croatan Beach, the "Encroachment Area"; and GPIN: NO GPIN ASSIGNED (CITY PROPERTY) GPIN: 2427-30-6205 (542 S. ATLANTIC AVENUE, VIRGINIA BEACH, VA 23451) 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 and sufficiency of which are 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 EXHIBIT SHOWING 4' WIDE WOOD WALKWAY WITH STEPS FOR DONNA MARTIN M.B. 24 P. 37D LOCATED IN PROPERTY OF CITY OF VIRGINIA", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 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 Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 3 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 Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Donna Martin, the said Grantee, has caused this Agreement to be executed by her signatures. Further, that the City of Virginia 4 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] 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/ AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 B ►ill A I nal " J Donna Martin, Owner STATE OF /� CITY/COUNTY OF 00,116 c V,4, to-wit: •The foregoing instrument was acknowledged before me this ?' day of , 201 7, by Donna Martin. /1,�r_7 x1111% _ AL) ,.otary P ,/c `'��N JORETT9',Notary Registration Number: 7p--,2709/ ,. " •t .•' NOTARY.% '«A My Commission Expires: a 029 0 ;v PUBLIC , ••cy : w : REG#7522691 n : n i MY COMMISSION • c%: EXPIRES g '•., 2/29/2020 'V. --%-° .. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM i Alia Lx________ / SIGN ' 'E0 1- /)7 % HARMEYER, ASSOCIATE CITY ATTORNEY DATE PUBLIC WORKS I REAL ESTATE DEPARTMENT I DIVISION 7 CITY OF VIRGINIA BEACH 4.0'1 12.0' i M.B. 24 P. 37 0 34.5' + 06 111111111111 1:)-r--- 4 4' WIDE WOOD WALKWAY WITH STEPS o �, N 512'10'50" E 11111 111111 50.00'_$ LL 0 o MASONRY o 5.0' 4.0' 5.0'1 WALL ,24.62' S2 F738' POOL COLUMNS 1NC S 12'10'50" E 50.00' R -- VARIABLE WIDTH o LOT 8-A QY v MODIFIED 1"=20' ENLARGEMENT BLOCK 26 IPEDESTRIAN M.B. 24 P. 37D L Io INGRESS/EGRESS 2427-30-6205 o iff ENSEMENT 1 I m I� I.N. 20090211000138010 z , >- .-21 Q CONC. PATIO v) NOW OR FORMERLY NOTE: NBH & BJ8 > ✓ NOW OR FORMERLY ASSOCIATES, LC z GRAVEL ROY A. WUJKOWSKI 1. THIS PLAN WAS PERFORMED I.N. 200508300138391 o A/C El REVOCABLE TRUST WITHOUT THE BENEFIT OF LOT 9A a El I.N. 20080328000353160 A TITLE REPORT. BLOCK 26 GRAVEL 8 LOTS 7 & 19 I.N. 20060919001428400 N BLOCK 26 (PLAT) SHED .` M.B. 37 P. 11 GPIN: 2427-30-5390 K, 3 GPIN: 2427-30-5168 14D4y1:5"Y":1 o\GRAVEL n VLER 9o "'�o) —' PUMP No. —_ ` 38395 9 3 STORY ^ !GRAVEL J ,1 w FRAME, STONE z1 Q • ��A �� & STUCCO A/C NI EXISTING 10' PUBLIC SS'ONAL - \ RESIDENCE # 542 I o INGRESS/EGRESS GRAVEL Q EASEMENT OF THE CITY OF EXHIBIT A l 1 M VIRGINIA BEACH ENCROACHMENT • --- D.B. 656 P. 108-109 EXHIBIT SHOWING CONCRETE 4' WIDE WOOD DRIVEWAY WALKWAY WITH STEPS I 350' TO P.I. OF FOR TWILIGHT LA. DONNA MARTIN _ (FORMERLY ELM AVE.) M.B. 24 P. 37D . . 50.00 " I 0 LOCATED IN N 12'10 50 W PIN(F) PROPERTY OF S. ATLANTIC AVENUE (50' R/W) CITY OF VIRGINIA BEACH (FORMERLY CHAUTAUQUA AVE) (M.B. 37 P. 11) SCALE: 1" = 30' DATE: JANUARY 11, 2019 MARCH 11, 2019 REVISED SHT. 1 OF 2 0' 30' 60' 90' GALLUP SURVEYORS & ENGINEERS 18-51 s UM� I similiniMin 323 FIRST COLONIAL RD, VIRGINIA BEACH, VA 23454 G:\18\18-51 encr platdwg,3/14/2019 11:59:45 AM,1:30,3B (757)428-8132 a W in (n I rtcfa U — 0) w> F- O ¢N �� ZZO Cl) z Lim z� Z 1- < ! ..r..... ....._,...... 0 (i) � � zOQ Q"' 03QW Q z JE-2 I-- I (= W Y o� IZ W X C9 0 M Ce>co — Q .J '�Qc�vQW �' O _N XOf- �Q2 Zmoa- > �,�� I W LLm 3"- o � O cc to i 1- W =� 0 M o- 0 No� CO fr) x cd ' o) f W II o_o J N --L�__ J_A---_i. .. - - N i U I Q' ' a co i • N f f ff 0- --- cc II H I- f f fN I _ t � X-J ! -� �� / m m O , 0 q ' i Q .�,OCV 0�0g � et'` ,Q I >- �� i its <x 0 m ``�\� �} I cn Y N O W >-( r \�\ t' I 11:0D0 z re P ,, ` / ii 1 c.7 O a Qb , \ f , I Z i<J o Q" I \ f f 1 to V 1 W x i W A f \ , }` 1 Iff `\\`� a 01 �'f ff \ cc)cV 1 °� A �i XII - ! f int, co , I .A i 1 \\ i'i t I (t) \ \\ I/ , i O >- c0 >'i '- 3 � '��.�� --' --- -- _J � ' .',::� _r-__moi 3 t I c4 Ln in C to � o to O N N (O N y- I 1- N r U) G:\1B\18-51 erur ptat.dwg,3/14/2019 11:59:53 AM,1:5,38 rerr:j - Virginia Beach APPUCA TS NAME Jrj4 4 P1A441 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 FOR CITY USE ONLY/An disclosures must be updated no(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DAZE.g, NO CHANGES AS OF DATE J 'lot REVISIONS /Q REVISIONS SUBMITTED DATE- �/L SAN 1 1 1019 \9�qC ESS P� al/B 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: 0°6/401FK1'r' 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 Cete 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. MM�� (A) List the Property Owner's name: C4)16 11°14 F � "r't" .1. - If an LLC, list the member's names: • Page 2 of 7 :NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. 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 a APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) L,/ Accounting and/or preparer of �your tax return �_.KsrVI Cntt it AdffIKS II .„---• Architect/ Landscape Architect/ Land Planner �Contract Purchaser(if other than / the Applicant)- identify purchaser and purchaser's service providers _____A.ny other pending or proposed / purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors R______El_ Engineers/Surveyors/Agents OA 1kgy S! Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition -�5+ + ,_ o nstruction of the property) Bim _ Legal Services R tate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO s an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: ,a 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. rtf\€045- filf0"; 1V-243.-le I \ APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 ,•1 '. Ory 1,,. Fes, . OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ✓ ____. Accounting and/or preparer of your tax return , '-h,(;/z.v 0(014111.4-'�AVO/44f1 s Architect /Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers ny other pending or proposed I 1 purchaser of the subject property L J �1 (identify purchaser(s) and purchaser's service providers) onstruction Contractors L// Engineers /Surveyors/Agents t.(0 C Financing (include currenti. V `-7 ( i mortgage holders and lenders selected or being considered to So A 5',fii./--E provide financing for acquisition or construction of the property) Bq.lu/e- Legal Services Aeal Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO es an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 .1,1B Virginia Beach CERTIFICATION: - j 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. kg fl ) Te,o- k( . tArNoitkio 11-2f_IE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 C '^u e' rscc 16i,S r a` , • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $300,000 from the Fund Balance of the Parking Enterprise Fund to the FY 2018-19 Parking Enterprise Fund Operating Budget for Contractual Services MEETING DATE: June 4, 2019 • Background: The Parking Enterprise Fund is responsible for the management and oversight of the City-owned parking facilities at the Oceanfront Resort area. These facilities include surface lots such as Rudee Inlet Loop as well as three parking garages at 9th Street, 25th Street, and 31st Street. The majority of day-to-day parking operations and the manpower for parking enforcement is provided through a contractual arrangement between the City of Virginia Beach Parking Management Office and Republic Parking Services. The Parking Enterprise Fund generates revenues primarily through user fees associated with parking of vehicles and has no General Fund support. During this fiscal year (FY 2018-19), unanticipated costs arose within the Parking Enterprise Fund and therefore increased the cost of the Parking Enterprise Fund's expenses. Over the course of the Fiscal Year, the number of hours worked by employees of Republic Parking Services increased by nearly 6,870 over the amount anticipated to be worked in the Operating Budget. The bulk of the excess hours worked occurred during the winter and were associated with the failure of our Parking Access Revenue Control Systems (PARCS), which was terminated by the City. The PARCS system has been removed and replaced by credit card readers. This will ensure that automation will once again be possible this winter of 2019-2020. In addition to increased staff needs associated with the termination of the PARCS system, a number of special events required additional enforcement shifts this past year. The Parking Management Office also participated in several special projects requiring additional staff assistance to include the Resident Permit Parking Area Survey, the Cavalier Shores Survey, Parking Preference Surveys, and the Atlantic Avenue Occupancy Study. In total, projected staffing overruns for Fiscal Year 2019 from Republic Parking Services are expected to cost $215,000 above what was budgeted for the fiscal year. The Parking Enterprise Fund also had to purchase or repair a number of one-time only replacement equipment items that the combined cost totals over $70,000. • Considerations: The combination of this year's increased activities within the Parking Enterprise Fund means that the Fiscal Year 2018-19 Parking Enterprise Fund revenues are not sufficient to meet the obligations for the balance of the fiscal year. As a result, a $300,000 appropriation of fund balance is needed to provide adequate funding to pay for the fund's expenditures in Fiscal Year 2018-19. The current unrestricted net position of the Parking Enterprise Fund as of June 30, 2018 is $3.9 million. In the past two fiscal years, the Parking Enterprise Fund has had positive total operating income. As noted above, the replacement of the PARCS system should ensure that the off-season staffing needs are not an issue this winter. • Public Information: Normal agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval ast Submitting Depa - Agency: Strategic Growth Area Parking Office �� City Manager: 1 AN ORDINANCE TO APPROPRIATE $300,000 FROM 2 THE FUND BALANCE OF THE PARKING 3 ENTERPRISE FUND TO THE FY 2018-19 PARKING 4 ENTERPRISE FUND OPERATING BUDGET FOR 5 CONTRACTUAL SERVICES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $300,000 from the fund balance of the Parking Enterprise Fund is hereby 11 appropriated, with specific fund reserve revenue increased accordingly, to the FY 2018- 12 19 Operating Budget of the Parking Enterprise Fund for contractual services. 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: A :udget an. Management Services City Attorney's Office CA14762 R-1 May 21, 2019 ��x a s, .t- ), CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Funds to Support Rescue Squad Operations and Training MEETING DATE: June 4, 2019 • Background: The Virginia Beach Department of Emergency Medical Services (VBEMS) receives miscellaneous revenue throughout the year from training services and special event standby services. State revenues are remitted to local agencies for offering specific advanced life support classes. Departmental training revenues include, but are not limited to, registration fees and textbook purchases. Special event funds are payments made by event organizers to offset the costs of volunteer rescue squad standby services. Estimated revenues are projected in the VBEMS Operating Budget; however surplus revenues have been collected. City Council action is required to accept and appropriate any revenues exceeding budgeted amounts. To date, VBEMS has received $21,573 in surplus revenue for departmental training fees as well as EMT class reimbursement fees. In addition, VBEMS received $110,240 from special event organizers for rescue squad standby services. $40,000 was originally budgeted in the FY 2018-19 Operating Budget, and has already been disbursed to the rescue squads. The surplus of $70,240 needs to be appropriated in order to be distributed directly to the squads. • Considerations: VBEMS recommends using the additional combined training reimbursements and miscellaneous revenues, totaling roughly $21,573, to resupply the training equipment for future classes. Examples of items to be purchased include instructional materials, training equipment, and disposable medical training supplies. The additional $70,240 special event funds will be immediately disbursed to the appropriate rescue squads in recognition of services previously rendered. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval ''pp Submitting De• = - - 1A ency: Department of Emergency Medical Services t..- City Manager: lak t`•ti 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT RESCUE SQUAD OPERATIONS AND 3 TRAINING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 The following revenues from the following sources are hereby accepted and 9 appropriated to the FY 2018-19 Operating Budget of the Department of Emergency 10 Medical Services, with estimated revenues increased accordingly, to purchase additional 11 instructional materials and training equipment and to remit payments from special event 12 organizers to the respective Volunteer Rescue Squads for provision of standby services at 13 past special events: 14 15 1) $21,573 generated by the Department of Emergency Medical Services' 16 training classes; and 17 18 2) $70,240 received from special events organizers to remit to various Volunteer 19 Rescue Squads for stand-by duty previously provided at special events. 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: • 1 Budget and"7anagement Services City Attorney's Office CA14764 R-1 May 22, 2019 ,.,..„. \-v, _i. ,,„ 04.r J 4+fyy,, ,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds from the Office of Children's Services and Transfer Funds to Support the Children's Services Act Program MEETING DATE: June 4, 2019 • Background: The Children's Services Act (CSA) establishes a single state pool of funds to support services for eligible youth and their families. State funds, combined with local community funds, are managed by local interagency teams that plan and oversee services to youth. The mission of the CSA is to create a collaborative system of services and funding that is child-centered, family-focused and community-based when addressing the strengths and needs of troubled and at-risk youth and their families in the Commonwealth. The City of Virginia Beach CSA program is housed in the Department of Human Services (DHS). The program receives an annual allocation of state funding from the Office of Children's Services (OCS) and operates under the guidelines of OCS. A local match is required and varies based on the category of services being provided. On May 13, 2019, the Community Policy and Management Team (CPMT), which is the governing board for the CSA program, voted unanimously to make the supplemental request to the state. OCS approved the request on May 14, 2019. • Considerations: An analysis of CSA program spending was performed to include services approved through the end of the fiscal year and amounts previously encumbered that will not be utilized. It is estimated that an additional appropriation of $2,021 ,237 is needed to meet current service demands. The blended local match rate for these funds is 32.55%. The DHS has, within its current year appropriations, the amount of General Fund match required to support this request, and wishes to transfer$335,096 in vacancy savings from personnel to non-personnel appropriations. State funds of $1,686,141 have been made available by OCS on a reimbursement basis. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep. -.• • ntiA4ency: Department of Human Services City Manager �`, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FROM THE OFFICE OF CHILDREN'S SERVICES 3 AND TO TRANSFER FUNDS TO SUPPORT THE 4 CHILDREN'S SERVICES ACT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $1,686,141 is hereby accepted from the Virginia Office of Children's Services and 10 appropriated, with state revenue increased accordingly, to the FY 2018-19 11 Operating Budget of the Department of Human Services in order to support the 12 Children's Services Act Program; and 13 14 2. $335,096 is hereby transferred within the FY 2018-19 Operating Budget of the 15 Department of Human Services to provide the local match for the funding allocated 16 by the Virginia Office of Children's Services to support the Children's Services Act 17 Program. 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: . udget & anagement Services City Attorney's Office CA14766 R-1 May 23, 2019 e ■rss�r"---.„:„:4:::1/4,7), CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $124,449 from the Virginia Beach Library Foundation and to Transfer $91,000 from the General Fund Reserve for Contingencies to the FY 2018-19 Operating Budget of the Library Department MEETING DATE: June 4, 2019 • Background: The Virginia Beach Library Foundation was established in 1982 to secure, manage and invest privately raised funds, gifts and bequests in support of the Virginia Beach Public Library. The Foundation provides funds in support of library programs, materials and technology. Included in the Foundation's funding priorities, which align with the Department of Libraries' strategic plan, is the purchase of outreach vehicles. The Foundation has awarded $124,449 to the Department of the Libraries for the purchase of a new bookmobile for outreach services. • Considerations: These funds are being donated by the Virginia Beach Library Foundation and will be used to purchase a new bookmobile for the Department of Libraries. Per the administrative directive on accepting donations, a memorandum of understanding exists between the City of Virginia Beach and the Virginia Beach Library Foundation. The City has agreed to contribute $91,000 to the purchase of the new bookmobile, which covers 50% of the base vehicle cost. The City of Virginia Beach contribution of $91,000 will be transferred from the General Fund reserve for contingencies. If this transfer is approved, the remaining balance in the General Fund reserve for contingencies will be $244,804. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval - Submitting Departm- . _ • :ency: Department of Libraries City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $124,449 FROM THE VIRGINIA BEACH LIBRARY 3 FOUNDATION AND TO TRANSFER $91,000 FROM THE 4 GENERAL FUND RESERVE FOR CONTINGENCIES TO 5 THE FY 2018-19 OPERATING BUDGET OF THE LIBRARY 6 DEPARTMENT 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 1. $124,449 from the Virginia Beach Library Foundation is hereby accepted and 12 appropriated, with donation revenue increased accordingly, to the FY 2018-19 13 Operating Budget of the Department of Libraries for the purchase of a bookmobile; 14 and 15 16 2. That $91,000 is hereby transferred from the FY 2018-19 General Fund Reserve 17 for Contingencies to the Operating Budget of the Department of Libraries for the 18 City's contribution to the purchase of a bookmobile. 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: (1Z., W �� budget and Management Services City Attorney's Office CA14759 R-1 May 20, 2019 , ,Hu°mac, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Modify Appropriations and Transfer Funding in the Department of Housing and Neighborhood Preservation's FY 2019-20 Operating Budget MEETING DATE: June 4, 2019 ■ Background: The Department of Housing and Neighborhood Preservation (DHNP) receives Federal funding for a significant portion of its budget. The actual awards for Federal Entitlement Funds were not received in time to be incorporated into the department's FY 2019-20 Operating Budget. This ordinance will adjust the appropriations to match the actual awards. The chart below outlines these changes: Programs FY 19/20 Estimated Actual Variance CDBG $ 2,000,832 $ 2,000,488 $ ( 344) HOME $ 1,122,655 $ 1,032,111 $ ( 90,544) ESG $ 164,230 $ 169,775 $ 5,545 HOPWA $ 1,524,127 $ 1,721,826 $ 197,699 Total $ 4,811,844 $ 4,924,200 $ 112,356 The department is hereby requesting to make the following adjustments to its operating budget: • Reduce appropriations by $344 for Community Development Block Grant (CDBG) entitlement funds. • Reduce appropriations by $90,544 for HOME Investment Partnership Program (HOME) entitlement funds. • Increase appropriations by $5,545 for Emergency Solutions Grant (ESG) entitlement funds. • Increase appropriations by $197,699 for Housing Opportunities for Persons with AIDS (HOPWA) entitlement funds. • Transfer $27,547 within the DHNP Operating Budget in order to replace reduced Federal funding for a contracted manpower position with City funding. This move is required to ensure compliance with Federal programmatic requirements. • Considerations: Without the appropriation of these funds, they cannot be used for the intended purposes. • Public Information: Normal agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval ';__ _ - Submitting Department/Agency: Dep l of Housing & Neighborhood Preservation City Manager: , 1 AN ORDINANCE TO MODIFY APPROPRIATIONS 2 AND TRANSFER FUNDING IN THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION'S 4 FY 2019-20 OPERATING BUDGET 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 The following changes are made in the Department of Housing and Neighborhood 10 Preservation's FY 2019-20 Operating Budget, with Federal revenue adjusted accordingly: 11 12 1) Reduce appropriations by $344 for Community Development Block Grant 13 (CDBG) entitlement funds; 14 2) Reduce appropriations by $90,544 for HOME Investment Partnership 15 Program (HOME) entitlement funds; 16 3) Increase appropriations by $5,545 for Emergency Solutions Grant (ESG) 17 entitlement funds; and 18 4) Increase appropriations by $197,699 for Housing Opportunities for Persons 19 with AIDS (HOPWA) entitlement funds. 20 21 BE IT FURTHER ORDAINED, THAT 22 23 $27,547 is hereby transferred within the Operating Budget of the Department of 24 Housing and Neighborhood Preservation to deal with the impacts of the Federal fund 25 changes and ensure compliance with Federal programmatic requirements. 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: udget arid Management Attorney's g t Services City Attorney s Office CA14765 R-1 May 22, 2019 I. PLANNING 1. PINEY GROVE BAPTIST CHURCH for a Modification of Conditions re religious use at 2804 Holland Road DISTRICT 7—PRINCESS ANNE (Deferred from May 21, 2019) RECOMMENDATION: WITHDRAWAL 2. ANINA BUDIG/WEBLIN PROPERTIES, LLC for a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 Planned Unit (R-10 Overlay) re 15 residential units at 5588 Moores Pond Road DISTRICT 4—BAYSIDE APPLICANT AND STAFF REQUEST DEFERRAL TO AUGUST 20, 2019 dc,,,r.,,i3„ „„:„:,,_:„.:.,,,.,,,,,, k.,,, L•Y L�y`€' 2: NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center,Virginia Beach, Virginia, on Tuesday, June 4, 201.9 at 6:00 p.m.,at which time the following applications will be heard: Anina Budig [Applicant] Weblin Properties, LLC [Owner] Conditional Rezoning (R-10 Residential to Conditional PD- H2(R-10 Overlay) Planned Unit Development) 5588 Moores Pond Road(GPIN 1468564635) COUNCIL DISTRICT-BAYSIDE Amanda Barnes,MMCbal0 City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at: httn://www,yp s m/pc For information call 385-4621. 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(___ -\ �f OCa 0 k ` �:QJ 14� CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: PINEY GROVE BAPTIST CHURCH [Applicant & Property Owner] Modification of Conditions (Religious Use) at the property located at 2804 Holland Road (GPIN 1494590942), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: June 4, 2019 ■ Background: On May 21, 2019, City Council voted to defer the request for a withdrawal to June 4, 2019, to allow time to confirm that recently installed lights equipped with motion sensors are functioning correctly. Staff has reviewed the lights and has deemed that the lights are in substantial compliance with the granted Conditional Use Permit. Since the site is in compliance with the existing conditional use permit, this application is no longer requested or required. A brief history of the application is listed below. City Council approved a Conditional Use Permit for the expansion of the existing church on July 14, 2015. The proposed expansion included office space, a new sanctuary, and increased parking area. This work was to be done in two phases. Phase one, which includes the office space and parking area, has been completed. Phase two, the new sanctuary, will be completed as funds become available. The initial site plan presented to the Planning Commission showed a smaller parking area, with an existing home along Bald Eagle Drive to remain. Due to neighborhood concerns regarding traffic and the congregation parking in the adjacent neighborhood, it was agreed upon by the church at the Planning Commission meeting to remove the home and provide additional parking area. There were 17 conditions included in the City Council approval. Condition number 8 addresses the site and parking lot lighting. The condition reads as follows. "All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. All parking lot lighting shall be on motion sensors at night when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes, but will be shielded from residential neighbors." This condition was added between the Planning Commission meeting and the City Council hearing. The purpose of the condition was to protect the adjacent Piney Grove Baptist Church Page 2 of 3 residential properties from the impact of exterior lighting, particularly when the church was not in use. Through the permitting process, plan review and development of the site, the parking lot lights were installed without motion sensors. The applicant has submitted this application for consideration to remove the requirement for motion sensors on the parking lot lights. Over the past year, City staff has received complaints regarding the glare of the parking lot LED lights onto the adjacent properties. To improve the impact of the lights, shields were installed to the rear building lights and the five parking lot lights closest to the adjacent homes. All lights are directed downward. A photometric study of the site was conducted by a certified lighting engineer and reviewed by City staff; no violations were found to the City Zoning Ordinance regarding light pollution. At the January 15, 2019 City Council meeting, the applicant requested to withdraw this modification request. It was their intent to install motion sensors and meet all conditions of the initial approval. City Council deferred this item for four months to allow the applicant time to install new parking lot lights with motion sensors. Since the City Council meeting, the applicant's lighting engineer has met with City staff, their City Council member and several of the impacted property owners. A solution was agreed upon to install new light fixtures on the nine light fixtures in the western parking area. The new fixtures will be on motion sensors and dimming capabilities. The applicant installed the required motion sensors on May 15. The Director of Planning, Zoning Administrator and Zoning Inspector have inspected the site and have deemed the site to be in substantial compliance with the existing Conditional Use Permit therefore making this request to modify conditions unnecessary. Staff will continue to monitor the property to assure compliance with the required conditions. • Considerations: The applicant is in compliance with the existing Conditional Use permit and therefore this application is no longer required. Staff will continue to monitor the site for compliance with the existing Conditional Use Permit conditions. ■ Recommendations: City Staff recommends withdrawal of this item due to the request to modify conditions no longer being required with the site being in compliance with the existing Conditional Use Permit conditions. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Piney Grove Baptist Church Page 3 of 3 Recommended Action: Withdrawal Submitting Departme. . ' • -ncy: Planning Department �y/, / City Manager: 11111P6 Applicant & Property Owner Piney Grove Baptist Church Agenda Item Public Hearing November 14, 2018 City Council Election District Princess Anne 6 City of Virginia Beach Request >75 dB DK AP2= 4. \liFL Modification of Conditions (CUP (Religious4. _ Use approved by City Council on July 14, 2015) ,, "�.4 3 Se Swift 6,,m,WIN 4„, Staff Recommendation AP22 °�,w,WaY m '�'"court '.a.t Approval 70.75tlBDNL de .0.1,,,,.....B.nberryten• V SPC 4t X • I It'A. Staff Planner Area ' f Kevin Kemp ° a Location k >3, 4 654D dB DNI>../f _ml 2804 Holland Road G PI N ti""'"',..., fl 1494590942 4. Site Size 's 3.57 acres AICUZ 65-70 dB DNL Watershed , . of Southern Rivers . ;� f bt , Existing Land Use and Zoning District /-k" 1, i' t- , Religious Use/AG-2 Agriculture ' 4 Surrounding Land Uses and Zoning Districts North I Single-family residential/ R-7.5 Residential $.. > ' South 4-; ' A Chestwood Drive - 7,11,2 '_f ' _ tos•_,' Single-family residential/R-10 Residential . T tft ,,1, `�'�' i"; " - ” East x 4 '� Single-family residential/R-10 Residentialio i q West Holland Road ,., h ,.., ` ,.i;;:.NL.. 41/ • , ,;010.444,4,-.4 ....I Park/ R-5D Residential Cemetery/AG-2 Agricultural Piney Grove Baptist Church Agenda Item 6 Page 1 Background and Summary of Proposal History Piney Grove church was established in 1870 on a one-acre site in the vicinity of this site,east of Holland Road.As the church grew, new buildings were constructed on the west side of Holland Road.A Conditional Use Permit was approved by City Council and the existing church building was dedicated in 1989. It is the fourth church building to be constructed. The cemetery containing some of the original church members' remains is located on the church's property on the east side of Holland Road. Background City Council approved a Conditional Use Permit for the expansion of the existing church on July 14, 2015.The proposed expansion includes a 14,000 square foot sanctuary with 835 seats,3,050 square feet of office space, a conference room and a reception area.This work will be done in two phases as funds become available. The first phase of the expansion project was recently completed.This includes the office space,conference room and reception area. Parking was added to the site to accommodate the future growth of the church through the proposed sanctuary building.The second phase, new sanctuary, has not yet been constructed. During the Planning Commission hearing on June 10,2015,several residents of the adjacent neighborhoods spoke about the proposal.The primary concerns expressed adequate parking and minimizing traffic impacts.The initial proposal brought forward to Planning Commission depicted a portion of the lot being developed to accommodate more parking, however,the existing home along Bald Eagle Road would remain,and possibly be demolished at a later time.Additional parking would be accommodated on church-owned property on the west side of Holland Road. During the Planning Commission meeting,a change to the existing plan was agreed upon by the applicant that included removing the existing home along Bald Eagle Road and developing the entire northern portion of the site with a parking lot.This modified plan was approved by City Council. Modification Request There are 17 conditions included with the City Council approval. Condition number 8 addresses the site and parking lighting.The condition reads as follows: "All lighting on the site shall be directed downward and not spill over onto adjoining residential lots.All parking lot lighting shall be on motion sensors at night when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes, but will be shielded from residential neighbors." This condition was added to the application between the Planning Commission and City Council hearing.The purpose of the condition was to protect the adjacent residential properties from the impacts of the exterior lighting, particularly at the hours when the church was not in use. Through the permitting process, plan review and development of the site,the parking lot lights were installed without motion sensor capability.The electrical contractor reviewed the feasibility of retro-fitting motion sensors on to the existing lights, but this proved to be costly.Additionally,the applicant does not believe that the motion sensors accomplish the intent of the condition.As the condition is written,the church can keep the lights on while in use,which is typically until 10 p.m.The motion sensors would be used during the night hours and run the risk of being activated by animals or other factors out of the church's control. It is the applicant's opinion that turning the six lights in the northern parking lot off when the church is not in use better protects the neighboring properties. Due to the considerations above,the applicant requests that condition 8 be modified as follows: Piney Grove Baptist Church Agenda Item 6 Page 2 "All lighting on the site shall be directed downward and not spill over onto adjoining residential lots.A-1-1-14a-r-king lot lighting shall be on motion sensors at night when the church is not in use. Parking lot lights in the northern parking area shall be turned off when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes, but will be shielded from residential neighbors." Over the past year, City Staff has received complaints regarding the glare of the parking lot LED lights onto their properties.To improve the impact of the lights on the adjacent residential properties, shields were installed on the rear building lights and five of the parking lot lights closest to adjacent homes. All lights are directed downward. A photometric study of the site was conducted by a lighting engineer and reviewed by City Staff; no violations were found to the City Zoning Ordinance in regard to light pollution. Additional Information The church has received a Certificate of Occupancy for the new office space.The church is currently working with the City to correct a few items to be in compliance with the approved conditions of the 2015 Conditional Use Permit, and the approved site plan in regard to drainage. Specifically,the Zoning Office is working with the church toward compliance with landscaping and site maintenance. The Permits and Inspections Office and Development Services Center are working with the church to finalize regrading necessary on site. R-7.5 iR-/.5 � � ' ./R _:,,-' 70.75` 7� �b dll OK R-.,. � / AG•1 - Zoning History R•50* � J/ { # Request /i2/ ° 1 CUP(Expansion to religious use)Approved 07/14/2015 ,j,----- - . MOD(for portable structure for Day Watch program at i' j�-- 6 R-1O" cT church)Approved 10/13/2009 - /`ro N �,R 4a'- -- CUP(Religious facility)Approved 04/11/1988 / 1 2 CRZ(AG 1/2 to Conditional R-7.5)Approved 01/25/1994 it.....;;74; �.> ti. 5 / ---:---3 3 CRZ(AG 1/2 to Conditional R-10)Approved 04/24/1999 f ,. I t �7"�R • 4.1 \ Niekory NW Loop Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Staff recommends approval of this request. In Staff's view, retro-fitting motion sensors on the parking lot lights is not the most effective way to meet the intent of condition number 8 of the approved Conditional Use Permit. Turning the northern parking lot lights off when the church is not in use will minimize the impact of the lights on the neighboring residential properties during the night hours. Staff is continuing to work with the church to resolve the outstanding landscape and drainage items through normal departmental procedures. Piney Grove Baptist Church Agenda Item 6 Page 3 Recommended Conditions The Conditions Conditional Use Permit approved by City Council on July 14, 2015 are hereby deleted and replaced with the following. 1. The site shall be developed substantially in conformance with the site plan revised for the July 14, 2015 City Council meeting entitled "Exhibit for Piney Grove Baptist Church,Virginia Beach,VA," prepared by Site Improvement Associates, Inc.,dated April 17, 2015,with revisions dated June 17,2015.Said plan shows two hundred fifty(250) on-site parking spaces. 2. Landscape buffering and fencing along Bald Eagle Road shall substantially adhere to the submitted plan entitled "Exhibit showing landscape for Piney Grove Baptist Church,Sheets 1 and 2," prepared by Site Improvement Associates, Inc.,dated June 26, 2015.Two changes to the said plan are required. First, Aucuba or Camillia must be substituted for Heavenly Bamboo,which is an unacceptable invasive species.Second,the Chindo Viburnum must have a minimum height of thirty six inches (36")at installation, rather than twenty four inches (24")as shown.The required maintenance gate on Bald Eagle Drive shall be secured from inside the parking lot except during maintenance.The gate shall not be open for pedestrian access. Landscape material shall be planted as soon as possible along Bald Eagle Road. 3. The proposed church addition shall subsequently adhere to the submitted architectural elevations entitled "Piney Grove Baptist Church," prepared by Architectural Innovations. 4. A landscape buffer with Category IV landscape screening is required between the church and adjacent residential uses as shown on the submitted site plan. No structures of any kind are permitted within this buffer area, except fences as shown on the Plan. Existing trees shall be preserved where feasible. 5. The church shall provide positive drainage throughout the site such that all drainage does not impact adjoining residential lots to the east or north. 6. New mechanical equipment, including but not limited to, heating and cooling equipment and generators,shall not be located within one hundred feet(100')of an adjacent residential lot line.All mechanical equipment must be screened from ground level view. 7. The dumpster shall be screened and located as shown on the submitted site plan. 8. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots.#1 park g-let - - - • - •- • -• - - • • •• • •• • - • - • - -. Parking lot lights in the northern parking area shall be turned off when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes, but will be shielded from residential neighbors. 9. Prior to the issuance of a building permit for the additions,the church will work with the Zoning Administrator and Traffic Engineering to develop a plan to divert church traffic to the overflow lot across Holland Road when on-site parking is full.The plan will provide for any signs needed to be fabricated in advance and an implementation strategy to include shuttle service across Holland Road.This plan shall be activated when construction of the additions commences. 10. After a building permit has been issued for construction,the church will provide shuttle service across Holland Road whenever the parking lot on the west side of Holland Road is used. 11. After a Certificate of Occupancy has been issued for the new sanctuary, church leadership will encourage all attending church activities to park on church property. Piney Grove Baptist Church Agenda Item 6 Page 4 12. At no time shall both the new eight hundred thirty-five (835) seat sanctuary and the existing four hundred twenty (420) seat sanctuary be used for services simultaneously. It is the intent of the church to repurpose the existing four hundred twenty (420) seat sanctuary into classrooms and offices when funds are available. 13. The temporary structure currently housing the Day Watch program may be moved to the north side of the main church property and used until the expansion construction work has been completed. The portable building shall be removed from the site when construction is finished. 11. Interior property lines must be vacated and a 'no ingre's/egress' vehicular casement established along Bald Eagle Road frontage prior to issuance of a building permit for additions. (Plat recorded on 06/13/2017) 15. All landscaping and buffering shall be maintained on a regular basis. Debris such as limbs, leaves and litter shall be cleaned up, especially following a storm. 16. Construction vehicles shall not access the church site through the residential streets. -- - - _- - •- -- - - . - . _ . __ - _ _. _ . - •___ . - -- _ _. (fencing has been removed) Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan shows that this site is located within the Suburban Area where planning principles call to create and maintain neighborhood stability and sustainability. As an element of this, stable neighborhoods should be supported with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future.The improvements recently completed by the church created a better parking and traffic situation, and removed vehicular traffic from the neighborhood. Natural and Cultural Resources Impacts This vicinity has been home to the Piney Grove Church since the early 1870's.The first Piney Grove Church was a log cabin, originally located on the west side of Holland Road. As the church grew,they moved to the east side of Holland Road where larger buildings were constructed.The existing building was dedicated in 1989, and is the fourth Piney Grove Church building in this area. Some of the earliest church members are buried in the cemetery on the east side of Holland Road. Piney Grove Baptist Church Agenda Item 6 Page 5 Traffic Impacts This modification to the existing Conditional Use Permit application has no traffic impacts. Public Utility Impacts This modification to the existing Conditional Use Permit application has no utility impacts. Piney Grove Baptist Church Agenda Item 6 Page 6 Proposed Site Layout i • •. '-'4f b h f *4 . :y4, w s _ , •k e.cs.�r.—ar 5E 411110.. -/\ •! w__ 44:4 • *pt. ..::..741V•••4•••• I ! • 0 • f17: • • • * * _1 ••C• • ter i.. X:: •• - • * j • r_ 1_--- hi i aQSf Piney Grove Baptist Church Agenda Item 6 Page 7 Landscape Plan TREES 15•131116C-21111.0. LARGE NI..ma.. 1.0,000- EVEKREEN I Stze et M.. ze-to. i.e-r BROADLEAF ' imma-GwItx OR1/EXISTING GROUNCCOVER ' erypogeOi kepi=NoMOW GONFTER TREES sr Res4 V-11' COLORFULa '....,,,„(. . , Et100-1= thavarttra alpha ShIAU_ %44,7, I Stra a Naar" 0-5' EVERGIREEN jilc , SHRUB Shrubs 7, . SA;, ; limools-6.100a 4-. NonOna dansalca ExIBTR4G ...... ACt E. t----_____ Its et Pknew 24-.ki-nodk. TREES .i. -''A"4 7 ii,04 0 amaoi...... Nto0000,waebuld'CNN.' (50' Sta a Plydro0 24-nen/SPhe ,•., ., I,. FLOWERING fi71,v) Rrolossa..14b my woke%liste' PERENNIALS he et Phew le.IIRMApelleon ' ' ,,,„,, Lonarbian damns I.nay Thisy* i VI It ***N"-..): ,41:midy 41P''''',., -,,, ,. , ----- __......,....1:47, ...„.,..:. .., ,....,,,,dorrehan ILO Phi \ lARGER it oh/Spike L EVERGREEN-FLowEifiNd , , ,..., A „,...,, PerennIols ' BROADLEAF ORNA)AENTAL ' "'" , malkollk , OR TREE L .4, flum_hcf ARGE EVERGREEN 1 =wee SHRUB/mt. yr, I MITI*'awn Pmtha0 FLowERIND . t DECIDUOUS ...u.s. .2"""'.'"9..." BROADLEAF ' I CANOPY Vektveisoe eretalere Pet LP SHRUB ---. _ TREE um.et Omer.1 paen i £01•0121000 ik. _____-' 1 Size et Opting lecke - _ j ---- CONTINUOUS Groundcover ------ BROADLEAF .1•01111.2Nill i:tEVERGREEN Pa0rmalr• •46 _______ HEDGEROR kip,ppm.,t yip, > '•!, ' . - ----: ---1------ ii f— ---- ---: 1 i TREE ..------ ----,_ OR APPROVED EQUAL t — emNTIRoAcTiArcm5- ----- , ' EVERGREEN- f . HEDGEROW ___ • ., Y& ' aot. -,5 EXHIBIT SHOWING LANDSCAPE S Site improvement Associates Inc FOR I PINEY GROVE BAPTIST CHURCH A , VIRGINIA BEACH, VA SCALE: 1"=50' DATE: 6.26.15 OM Ms•Or...ea•......A ,Leases.....VP n V4 F.7f/41/.lOtti SIA#14114 SHEET 1 OF 2 Piney Grove Baptist Church Agenda Item 6 Page 8 Landscape Plan TREES PERENNIALS ,, 41. ----- ' - - .,..4., • C. 4 J .1."41:op,. - ".--.r.,:-•.'.;5.,.-,,?..-;•.:;'-;. ..,. t s # +iia, s _ .. , _ Kwansan Cherry Japanese Cedar Fringe Tree Plum Perfect Daylily Sun Up Coreopds False Sptraea Prunus serrulate Crytomeria japonica Chionanthus virginicus Hemerocallis Coreopels grandlfloro Astilbe 'Kwonsan' 'Yoshino 'Plum Perfect' 'Sun Up' Assorted Colors SHRUBS GROUNDCOVER FENCE TYPE ...---- - 011IM , ......-,t F 7 t tt Heavenly Bamboo Chindo Viburnum Ydupon Dwarf Holly "t.w ? s.....Jt '-? Nandion domestico Viburnum owabuki Ilex vomitoria Japanese Spruge 'Chindo' 'Nana' Pachysandra terminalis - - _ 'Variegate' a , fit• `. r ; e`rg i`1 OR APPROVED EQUAL iS , t vii Ruby Loropetalum Blush Pink Nandino Loropetalum chinense f. rubrum Nondino domestico 'Ruby' 'Blush Pink' EXHIBIT SHOWING LANDSCAPE S Site Improvement associates, Inc. FOR I °` ""' ""` '""°" PINEY GROVE BAPTIST CHURCH A VIRGINIA BEACH, VA SCALE: N/A DATE: 6.26.15 SIA#14114 SHEET 2 OF 2 Piney Grove Baptist Church Agenda Item 6 Page 9 Proposed Elevations filllll l ( 1I1HI Wt[IWRYAY WES'(1VAtON ;•- -.•� - • '.1 Condition #3 { Piney Grove Baptist Church Agenda Item 6 Page 10 Proposed Floor Plan Es H, 121r L L_ � 1 '11T f __ -..3 ii,,,,j ij="3 i _ 1J---=7 !-7-1 . SCHENATK FLOOR PLAN PINE' GROVE BAPTIST CHURCH 191 Piney Grove Baptist Church Agenda Item 6 Page 11 Disclosure Statement Virginia Beach APPLICANT'S NAME Frd3cY (hi26A)e 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 dmclosures must be ul%" •...•• Page 1 of 7 Planning Comrni;sion and City Counai meeting that 0 APPLICANT NOTIFIED OF HEARING DAIL NO CHANGES AS OF DATE 57721(-1!j a� REVISIONS SUBMITTED DATE Piney Grove Baptist Church Agenda Item 6 Page 12 Disclosure Statement 71/4/i3 Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 5 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. / / (A) List the Applicant's name:_Pi' 4 6 k_ �C/�/1C'"— 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) ba c 'l,fit Lit (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, ‘4 business,or other unincorporated organization, AND THEN,complete the following. tC (A) List the Property Owner's name: -1)11�L '12-iW 6eiviorL'" -(L If an LLC, list the member's names: Page 2 of 7 Piney Grove Baptist Church Agenda Item 6 Page 13 Disclosure Statement \17-3.4, Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) of d 1 cfr (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 Piney Grove Baptist Church Agenda Item 6 Page 14 Disclosure Statement \fi3 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 1 Accounting and/or preparer of your tax return I l ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ pa 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) • ELegal Services Real Estate Brokers/ Agents/Realtors for current and LTJ anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Piney Grove Baptist Church Agenda Item 6 Page 15 Disclosure Statement \B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • `tktuciL ` ( - � �1uvefi IA . kiri,c. tv ails hr? NAME GATE APJCANT'S SIGNATURE IJ Page 5 of 7 Piney Grove Baptist Church Agenda Item 6 Page 16 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 7 ® Accounting and/or preparer of your tax return E Li Lu Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed O n purchaser of the subject property LSI (identify purchaser(s)and purchaser's service providers) n Construction Contractors EEngineers/Surveyors/Agents Financing (include current LlI El mortgage holders and lenders u selected or being considered to provide financing for acquisition or construction of the property) U I ' 1 Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 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 Piney Grove Baptist Church Agenda Item 6 Page 17 Disclosure Statement 71/4)/3 Virginia Beach 1 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. 1i4 /c t L- .Ju,tiee _N 14„ita4a)1,--, ibAliillg PROPERTK OWNER'S SIGNATURE PRINT NAME DTE Page 7 of 7 Piney Grove Baptist Church Agenda Item 6 Page 18 Disclosure Statement m v TO in t-- 0 p < ? wC N ca. I I. in 1 < d < ' i z z > 00 Nocin a N o 4 OM N 00vo N v ""n it -t- 7 `7 1' M J _. , U " a > so Eo oo r M U 00 n " t` h , O& 'end chi Ad N — 0 ' I V 7 ,, 9;,1 el• 1,7 •RFs O CA' 7 �D at, ,7 p�,q R. U V F s 11. , (..) _ =i L/ .= U G0,0 0 s = '� en C1 I 6\ , u �� a i £2 i 4. I 3U i W ;� U _ o Q a'' ; • e r a V �p N M ' . tn �t v • 0. N N N M A/ Q d v ¢ M N CC 1 a > v > R > N > as > 6. Ca� x ea = ..C. 2:1 s � n-. v i ° A 1T ea c.:1 a ! ,. 00 F4! O - C L •. N Q v5 O ' Q M > i Q; > M > N > N > v 'a Qon 11 as g Q 'oos r a Q s.s. L Z o d .a V , 4,4 a L 6.a a U ,£ eEa 4. C Tx = as e = L Cr.5.0 L F. 4: ; > C. 3 id Piney Grove Baptist Church Agenda Item 6 Page 19 Item #6 Piney Grove Baptist Church Modification of Conditions 2804 Holland Road District—Princess Anne November 14, 2018 DENIED Mr. Fisher: By the vote of 10-0, the agenda item number two has been approved with the added condition. Our next order of business is agenda item number six, Piney Grove Baptist Church, which is an application for a modification of conditions for a religious use on property located at 2804 Holland Road. Is there a representative here for the application, come to the podium please. You can state your name for the record sir. Mr. Williams: Dave Williams, pastor of Piney Grove Baptist Church. Mr. Thornton: Good afternoon. Mr. Williams: Good afternoon. Mr. Thornton: Give us a quick summary what you are here for and anything that you think we need to know to help make our decision a little easier. Mr. Williams: Well, the church has put in an application to have a condition removed which is the condition that states that when the church is not in usage that we will employ motion sensors on our parking lot lights to illuminate the parking lot. This condition was born out of the churches need to have the lights on 24 hours, not 24 hours but all throughout the night as other churches have, so that we can have safety in our parking lot when the church is not in use; however, when our building project was completed, we discovered that the lights which we have closest to the church illuminate the church in such a way that we don't have to have all the parking lot lights fully illuminated throughout the night. Also, the church has had a lot of rebuttal from the community about having lights on all night long. This commission recommended that instead of having all lights on as a compromise that we would go to the motion sensor lights. We now see that that's not relevant for us to have those lights being that again the lights closest to the church illuminate the church in such a way that we have the safety that we initially wanted. The second reason we want to have that condition removed is because we feel that having those motion sensor lights would be a further nuisance to the community. We already had some calls, handful of calls from the community that complained about our lights going off at 9:50 p.m., right now, we have an automatic shutoff for our main parking lot lights that cuts lights off at 9:50 and we have had some complaints about our lights being on until 9:50, so we feel that having motion sensor lights coming on with pets coming through the parking lot, cars, skate boarders, bikers come through the parking lot, turn the 1 lights on all the time at night early in the morning would be a further nuisance to the community. The third reason we want to have that condition removed is because the engineer that worked on our project stated to us that he had never seen a motion sensor system put on parking lot lights. He said in all his 30 years its stuff that he had never done, contacted some of his peers and colleagues couldn't get any information from them as well. From my understanding, there's no other organizational business in this city that has such types of lights on their system so because there were some issues with our engineer even trying to come up with a way to do motion sensor lights. We also feel that it was unfair for that condition to be placed on us when there is nobody else in the city that has motion sensor lights on their parking lot lights. So for those three reasons, the church is putting in an application to have that condition removed so that we won't be held accountable for honoring that condition. Mr. Thornton: Thank you any questions of the pastor, Karen. Ms. Kwasny: You said that only some of the lights are automatic shut off right now? Mr. Williams: So our main parking lot lights are on automatic shut off, if you can look at this picture here, all the lights that are in this purple box, those lights are on automatic shut off. The lights that are closer to the handicap parking and that are close to the very front of the church, we also have some lights going on the right side of the church around the back that are illuminated all night long and we feel like those lights illuminate enough to keep the church safe and that the church is not in darkness all throughout the night, so those lights that are in the purple box, they shut off at 9:50. Ms. Kwasny: Do they have a manual override that you can manually override if you vacated the property prior to 9:50. Mr. Williams: Do they have a manual override, yes they do. Ms. Kwasny: Okay. Mr. Thornton: So you could put those on a timer that goes off at dark, you can adjust the lights with the system you have now to go off and keep them off at night? Mr. Williams: Our main parking lot, yes. Mr. Thornton: In the purple? Mr. Williams: Yes. Mr. Thornton: Okay, you just happened to have them set now at 9:50, you can set them? Mr. Williams: 9:50 now. Mr. Thornton: You could set them at 7 o'clock if you want or whenever? Mr. Williams: We could set them at 7 o'clock. However, we have them set according to the business operation of the church. The church does not shut down until 9 p.m., all our ministries they have up until 8:30 so whatever we have 33 ministries in our 2 church so whatever they are meeting for, they have until about 8:30 or 9 to shutdown their meetings and then we have our lockup person who is responsible for doing the cleanup. We give people opportunity, give our lockup person the opportunity to do the final cleaning and he is probably able to vacate the premises not later than 10, so we have them shutoff by 9:50. Mr. Thornton: Do you have something going on almost every night? Mr. Williams: Yes. Mr. Thornton: Okay, Dee. Ms. Oliver: That was the question, thank you. Mr. Thornton: So just about every night of the week, you need those lights on until the last person leaves. Mr. Williams: Right. Mr. Thornton: Okay. Mr. Williams: And we have a staff person who's staffed Monday to Friday that's there from 5 until 9 p.m., he does his final again cleaning up and he is generally out there about 9:30 or 9:40, so he is on full staff. Mr. Thornton: Other questions, thank you, standby for rebuttal. Mr. Williams: Thank you. Mr. Fisher: We do have one speaker in support as well as Ms. Linda Russell come to the podium please. State your name for the record please. Ms. Russell: Linda Russell. Okay, I would like to add this morning that Mr. Frankenfield was saying some really nice things about this church and I would like to add that they also have a food pantry and they have that just one day a week, every Tuesday from 10 until 2 that might be some of the reasons, maybe the lights are on longer or something because when you get food for the food pantry then, you know, you have to go after businesses close so I imagine that's not something, I would also like to say because I hope there is some, this community, I go to this church, sometimes I'm the only white person there and they treat me really, really nice and I watch this and I have been here for 50 years in my neighborhood and I do have some common ground because we know about the shootings and everything and a week before the synagogue, little is said about the grocery store shooting and they actually tried to get into a black church, so I hope that they find some common ground with this and make it work for them and I support what the preacher wants, okay. Mr. Thornton: Thank you. Mr. Fisher: Also have two speakers in opposition. Would Mr. Buddy Sparrow, please come to the podium? 3 Mr. Thornton: Before we start on the opposition side, I need to make a small announcement. This application is about changing a proffer for parking lot lights, we have all gotten lots of information and letters and so forth about other issues, those other issues are being handled by the zoning office, so today we are only here about the lights. If you have a comment that has to do with drainage or parking or noise or whatever that you're concerned about we are not going to take those up today. They have asked for a modification of a proffer that deals with the requirement to keep lights on and we are dealing with that matter so you know we welcome your comments but if you have got lots of comments about things that don't have to do with these lights, we would respectfully request to you to take those up with Kevin, with the staff at the zoning level because he is well aware of every problem that you have brought to his attention and they are working on those matters, so with that we would like the first speaker to come forward. Mr. Fisher: You can state your name for the record sir. Mr. Sparrow: Good afternoon, my name is Buddy Sparrow. I reside at 2813 Bald Eagle Road directly adjacent to Piney Grove Baptist Church. I believe some of the commissioners had an opportunity last week to visit the site and see firsthand the impact it's had on our community. They removed a large wooded residential lot and replaced it with a parking lot elevated 4-1/2 feet above the original elevation. The uniqueness of this project justifies examining some unique alternatives to help this project fit in with the community. Both the community and various city employees have confirmed on numerous occasions that the property is not in use every evening. I believe some of you have received emailed photographs recording that condition. Based on those observations, there seems to be some disparity with the definition of the term in use. Do the lights in the parking lot adjacent to the community need to be on if the building isn't in use. Additionally, in an email to staff, pastor Williams noted when people do come to the site at night during the week, the car volume is not so abundant that cars will be parking near the homes, and this is the northern parking lot he is referring to. They will logically park closer to the building and not away from the building. If this is in fact the case which is what we as residents have observed, why do those lights need to be on in the first place? Additionally, as pastor Williams noted there are several lights not attached to the building that remain on all night. The condition as written now requires only the lights impacting the building can be on all evening. There is no request in his modification to have those other lights on all night along. If manual switching and timers can be replaced by motion sensors, then the definition of in use becomes quite plain, when somebody enters in the parking lot, the lights will come on. There has been discussion about the potential for motion sensors to become a nuisance to the community due to triggering by squirrels and plastic bags, I am not sure what type of motion sensors the folks bringing this up have experience with but as a home owner with motion sensors both in and outside of my house that's not what I have observed. The sensors are adjustable and you can adjust the sensitivity in the area that they are monitoring. I believe cost has been raised a concern. The lights that were ordered have an option for a built-in motion sensor from the factory, it appears that wasn't 4 ordered. In closing, I ask this commission not only to retain the requirement for the motion sensors but remove the language in use and require that the lights in the parking lot be on motion sensors all the time ensuring the safety of the congregation and the community, thank you. Mr. Thornton: Thank you, any questions of Mr. Sparrow, thank you sir. Mr. Fisher: We do also have one more speaker Ms. Donna Willey. Please come to the podium and she is also representing the Holland Pines Group, so she will get 10 minutes. Ms. Willey: Good afternoon, my name is Donna Willey and I reside at 2900 Bald Eagle Bend which is directly behind the parking lot in the church facility. Thank you for having me here today to provide perspective on the proposed modification for condition 8. I think it's important to note that we are here today because the applicant never complied with the condition as required. The plans are approved with assurance that the applicant would fully comply with all approved conditions. The applicant has now retroactively proposed a modification simply to avoid original obligations to the community. A proposed change strikes the portion of the condition that requires the applicant to have the lights on motion sensors because the scope of the project in the parking lot's location adjacent to residential area, city council added that condition requiring motion sensors. The adjacent home owner supported this requirement and continues to support this requirement. We ask that the modification request be denied and that the condition requiring motion sensors remain enforced as originally written. We asked that the nine lights in the parking lot behind the home which is in the northern section behind our homes remain off and on motion sensors only and to only be manually turned on when this portion of the parking lot will be used for events where attendance is high. We asked that the four lights behind the home be fitted with the shields as required per the conditions. We ask that city council clarify the meaning in use because the conditions did not provide the use of a timer with a 10 p.m. cutoff and we do not feel either should be substituted for the original language of in use. In use is a very standard language defined as, the facility is being occupied. So perhaps the condition needs to be worded differently so it's clear and concise and specifically states occupied, otherwise, it's going to be an ongoing issue of semantics. Our desires can be supported based on the following factors; the finished grade of the parking lot is now four feet above the original grade of the land used to construct this parking lot. Every tree was cut down in the buffer area between the church and the homes; these were mature, tall trees that were to remain as feasible per the conditions. Those tall trees would have provided a sizable buffer to screen the parking lot lights, the shrubs we have now are not healthy as they once were when originally planted and they are actually shorter than they were at the time of planting. They typically grow about a foot per year, if healthy and maintained; will be at least 10 years before they reach full height. The planning director believes they will grow 2-feet a year. I understand he wants to believe that but if that was the case, they would be 6-foot tall today and they are barely 3-feet or under. The light poles in the parking lot total nine and are 18 feet tall meaning that they stand 22 feet above 5 the adjacent lots. All fixtures are installed facing the homes where the light shines directly into our backyards and our bedroom windows. The lighting in the parking lot behind our homes spills over into our yards and homes because of their proximity and a few lights are still not shielded. The condition states that all lighting must be directed downward and not spill over into adjacent residential lots. All lights that remain on for security, also must be shielded. Most importantly in a direct contradiction to the condition none of the light fixtures are on motion sensors. Every light fixture was ordered devoid of any option to fit the motion sensors and shields which were required per the conditions. This is important because these options would have satisfied the approved conditions for abating excessive lighting at night and it would also be compatible with adjacent homes. The motion sensors will control the light and alleviate excessive lighting and a shield on every light would minimize clear and light spill over. These options were mandated requirements specifically drafted into the CUP and agreed to by the applicant at the time of approval. There are nine lights installed in the parking lot directly behind the adjacent homes, all lights down until 10 p.m. or later, I am there every night and this is what I am seeing. Out of nine of those lights, only six light poles have been retrofitted with shields. The light fixture also remains on all night for security purpose and that light is required to be shielded per the conditions. We continue to ask city management to ask the applicant to abide by the condition and then install the remaining shields to follow the CUP. The height and design of the light cannot be directed downward without a shield. The church's engineer determined the parking lot lights were all in compliance and not contribute and to spill over on our properties and for that reason the city is not requiring shields on the remaining light poles that determination however was made before any spillover assessment was done and before any shields were even installed. We eventually performed a spillover assessment on the church's property only with the lights on to get an accurate reading of light spillover on our properties, he would have had to be standing on our property and take the reading with the lights on and then another reading with the lights off. Councilwoman Henley visited my home one evening and we turned on every interior and exterior light in my home, my entire house was illuminated from the backyard to the front door and yet the light engineer was firm that the parking lot lights were not read into glare and spillover. His determination was objectively false and the city at its own expense paid for custom shields for security flood lights on the back of the building and it was also documented that the city was offering to pay for the cost of all shields for the light poles in the parking lot as well. This is clearly a condition. The proposed modification eliminates the requirement from motion sensors in all lights. However, the motion sensors were included in the condition for specific purposes of protecting the security of the lot late at night but it also alleviating excessive lighting when the facility was not in use. Motion sensors are a very practical solution and rather inexpensive considering the size of the lot. Motion sensors are installed in a similar fixture in large parking lots in our city such as car dealerships and a few parking garages and this was confirmed by another reputable lighting company who said that lighting, motion sensors are very 6 practical solution given this is directly behind residential homes. The motion sensors are also equipped with adjustable settings so you can calibrate the sensors in terms of sensitivity, the area monitored and how long the triggered lights stays on. The lights will not be triggered on and off by a leaf blowing or a squirrel running, the estimate to install the sensors was 1,800 dollars for all nine light poles behind our homes; however, the applicant received quite a few other estimates of approximately 14,000 to 15,000 and that cost is significantly higher only because the applicant desires to keep the lights on a timer which takes precedence over the sensors and requires extensive wiring and adding another circuit, so it can be simply done. Motion sensors could have been added last January for only 1,800 dollars. So that first estimate was provided to the applicant in January weeks after the lights were installed. The largest source of dispute is the meaning not in use. The applicant has stated that the facility is in use every night until 10 p.m. In January, the city agreed to a temporary solution where the applicant may have the lights on a timer that would automatically shut them off at 10 p.m. only until that motion sensors were installed, today that has not even happened, for four or five months city management was stating to us that they were requiring the church to install the motion sensors; however, that wasn't true because the determination letter was drafted, at the very beginning of January stating that the applicant was opposed to the motion sensors. So for four or five months, city staff was telling us that they were researching motion sensors, they were requiring the church to add the motion sensors but that was never done. Now, the applicant seeks to eliminate that portion of the condition making the temporary agreement a permanent solution which completely undermines the spirit and intended purpose of the condition itself. Nowhere in the condition does it state anything about a 10 p.m. cutoff time or a timer, keeping lights on a timer, the applicant is left to interpret in use by his own interpretation whereby the applicant has demonstrated by using the timer, the lights will remain on every night regardless, which has been the case for almost a year now. These modifications were unilaterally crafted and implemented by the applicant under the pretense that the facility is in use until 10 p.m. each night of the week; however, most nights the facility is not in use and certainly not until 10 p.m. We are in the position where we feel like we need to physically document this reality with pictures because the applicant's statement of hours of operation is not a reflection of reality and what we are actually seeing on a nightly basis and I have lived here for 22 years and the pattern that remains tonight at night is the same pattern since the beginning when I moved here 22 years ago. We understand that can change and we support the church's growth and understand this could change and the light maybe required to be on when the parking lot is completely utilized at night, just wanted to let you know we are not oppose to any changes down the road if they grow larger. We are in the position where we feel the nights the facility is not used and certainly not until 10 p.m. that we need to physically document this reality with pictures because the hours of operations are not reflecting the reality of what we are seeing on a nightly basis, sorry just repeated that. The facility is not in use on Friday, Saturday, and Sunday evenings unless 7 it's a holiday or special event and those were the nights where we tend to be outside enjoying our homes. Mr. Thornton: Can you wind up please; you hit your time limit. Ms. Willey: Is it 10 minutes? Mr. Thornton: Already. Ms. Willey: It's been 10 minutes already, okay. Mr. Thornton: Just one quick summary. Ms. Willey: Lastly, the applicant sent an email stating that volume of cars arriving at night will not be abundant and those cars will not be parking by the homes, they will logically park closer to the building away from the homes. Given that admission, motion sensors would best serve the interest of the applicant and alleviate excessive lighting at night time, there are no cars arriving or staying late at night for weeknight functions when cars leave around 8:30. There is no cleaning crew staying until 10 p.m. and the reason for leaving the lights on from 9 until 10 p.m., was so his cleaning crew could leave; however, we don't feel that 20 lights have to remain on when those cars, maybe it's one or two cars, they are parked directly in front of the church and that is lit from dust to dawn, thank you. Mr. Thornton: Okay, now before you go, does anybody have any questions of the speaker? Ms. Kwasny: I do. Mr. Thornton: Karen. Ms. Kwasny: So Donna I just want to clarify, I know you had a myriad of other issues and Chairman Thornton had asked that you not delve into those and so first I appreciated that you kept it focused on the lights, your request is for the lights to be on the sensor at all times and so not on but on the sensor, correct and it's only these lights within the purple framework, right. Ms. Willey: Yeah, if they remain on the sensor, if anyone desired to drive past there or park there, the lights would motion on and you can keep those on for 10-20 minutes which is enough time if someone wanted to park back there, also it would save electricity. Ms. Kwasny: I just was asking, so I could very clearly state what that is and then the other thing as you said that not all of the shields have been installed? Ms. Willey: Correct, according to the conditions all lights must be shielded from the residential adjacent homes in order to abate light spillover and control the light downward. The only way is to do that is to shield. We did consult with another reputable lighting engineer which came out to the site and before the shields were installed and she is like these, none of the lights have a shield and she has never done, and she does many churches and she works with these exact light pictures and she said she has never done any project where the lights were not shielded. So only six of the lights have shields because their lighting engineer has 8 determined from day one that all the lights are working fine and not contributing to spillover on the property; however, I sent you a picture before any lights were shielded and my entire house was illuminated inside and outside, that's before any shields were added. The city reluctantly allocated the budget and covered the cost as far as I was concerned of the shields but they said they would only do six shields because the church's lighting engineer was adamant and said the lights could not contribute to light spillover but I had another expert lighting engineer who claims simply the light not be directed downward without a shield, otherwise that bulb, the lights going to travel sideways, upwards, straight, I mean every direction also contributing to night glow, so having the shields on the lights which is better, now that we have six of them on the shields, if it's better and its controlling the lights where it's forcing downward so there are still three lights requiring shields. Ms. Kwasny: Got it, okay, and thank you. Mr. Thornton: Dee. Ms. Oliver: I have couple of questions, when did Mrs. Henley come out? Ms. Willey: She came out to my house in February to assess the lighting. Ms. Oliver: Would that just be the day . Ms. Willey: It's like mid February. Ms. Oliver: Of this past year, okay and so she saw firsthand that the light was intrusive to your home? Ms. Willey: Yeah. Ms. Oliver: Okay, question for city staff, the original condition, did that include those light shields for those poles, my iPad is down so I can't and—. Mr. Frankenfield: There is a difference between shields and shielding, so we installed shields as recommended by the lighting engineer where they were recommended they were needed, we did not install shields where our photometric calculations showed they did not spillover. Ms. Oliver: So the ones that we were, that you all that the city thought needed to be in place were in place. Mr. Frankenfield: Yes and the city did not pay for those shields. Ms. Oliver: And when did that happen was that before or after Mrs. Henley was out? Mr. Thornton: It had to be after. Mr. Frankenfield: It was after. Ms. Oliver: It was after and are they helping? 9 Ms. Willey: They are making it better but the lights that are not shielded which are further placed at the other homes are away from me are definitely contributing the glare and spillover. Ms. Oliver: So the next question I have is, were they supposed to have timers on those lights; I mean motion detectors sorry, motion detectors? Mr. Frankenfield: That's the condition, yes. Ms. Oliver: That was the original condition, okay; I just want to make sure, I just want to. Mr. Frankenfield: When the church was not supposed to be used when the church is not use that was the condition. Ms. Willey: I believe yeah, the lights are to remain off on motion sensors only when it's not in use, that's all I have. Mr. Thornton: David Weiner. Mr. Weiner: The lights that are further away from you, are those the lights on the church themselves, those aren't the lights on the poles correct? Ms. Willey: No, all the lights I am referring to that still require shields are in the parking lot which is directly behind the homes. Mr. Thornton: That's the area behind what's shown as existing building. Ms. Willey: Yes sir, would you like me to point to them? Mr. Thornton: No, I got it, the lights that are inside the purple box have shields but no sensors and they are on a timer. Ms. Willey: There are nine lots total, its right there, right there, they are only showing six. There are nine lots total in that lot which is not used on the nightly basis, nine lights total are required to have shields in order to for a light to say it's shielded, you have to have it shield. I mean it's like having a LED light and reading the book and without a shield or lampshade, I mean it's impossible, I mean you are going to have a glare but if you put a shield on the light, that shield is the only way it can direct the light downward. So there is a total of nine lights in that parking lot according to the conditions that are supposed to be directed downward and that can only be achieved with the shield on each light and again lighting engineer that came and visited the site, she said there is absolutely, virtually no possible way that the lights can be shielded without the shield and you have to consider there are 18-foot tall fixtures elevated 5-feet above our properties making them 22 feet tall. So they are shining directly into our bedroom window. Mr. Thornton: So my question was the area in purple, I was under the impression they are six lights, you are telling me there are nine lights, so there must be two more, must be three more lights out front. Ms. Willey: So six, seven, eight and there is one here nine. Mr. Thornton: Okay, so. 10 Ms. Willey: There are a total of nine lights. Mr. Thornton: But six lights have been shielded is that correct or have shields? Mr. Frankenfield: Six lights have shields. Mr. Thornton: Six lights have shields and you are saying there are nine lights over there, so that means by my math, there are three that don't have shields. Ms. Willey: Correct. Mr. Thornton: Okay and then there are lights behind the existing building that have no shields? Ms. Willey: No, the city paid for those shields and those are extremely bright so the city paid for the shields of those lights. Mr. Thornton: Behind the existing building. Ms. Willey: Behind the building, there is about seven security lights which were outrageously bright and they still are even with shields, it's little bit better but those lights protrude right through those homes. Mr. Thornton: So from a math count, there are three lights that need shields and all lights that need motion sensors per your argument. Ms. Willey: We are asking that only nine lights receive motion sensors and those three remaining lights of those nine, receive shields, because the facility, the parking lot is completely illuminated up front and back and along the side for anyone arriving any time during the night, it's fully illuminated from dusk to dawn. Mr. Thornton: What we are trying to do now is just figure out what might be a solution so if six lights have shields, three lights don't have shields and none of the lights have motion sensors, what you are wanting is that six lights that are shielded to have motion sensors. Ms. Willey: Nine lights. Mr. Thornton: Nine lights, nine lights. Ms. Willey: Though condition states that all, the condition states all parking lot lights must be on motion sensors, which includes the lights up front but we are not asking for that. Mr. Thornton: Just those nine. Ms. Willey: Just the nine and the cost estimate to get the motion sensors was on about $1,800, it's a very simple thing, you unscrew the light, put it in there and it has adjustable settings where you can adjust the sensitivity, the movement, and the distance. So they won't be going on. Ms. Oliver: I want to clarify something. Mr. Thornton: Let somebody else. 11 Ms. Oliver: I just want to clarify something,just, I think we all understand the shields and we all understand the motion detectors. What I am not clear on maybe everybody else is but I am not is every night seven nights a week, are those parking lot lights the ones on the north side of the parking lot on, are they just on. Ms. Willey: Yes until 10 p.m... Ms. Oliver: Okay, so they have the switch,they are on until 9:50 p.m. every night. Ms. Willey: They are on the timer, not 9:50, its 10 p.m. at the earliest. Ms. Oliver: Okay, so are you asking or is the condition written because I am not quite sure I am straight with this that you would, that the neighborhood prefers or the condition asks for them to be on a motion detector instead of them just being on. Ms. Willey: Yes, because that's what the condition states. The condition states that all parking lot lights must remain off in the facilities not in use and on motion sensors only. Ms. Oliver: But if it's in use the pastor of the church turns the lights on. Ms. Willey: Well what we are saying is if both motion sensors are installed and the timers removed, then if they have a large event like so in entire year like Christmas Eve, New Year's Eve and Spring Revival those are the only nights that side parking lot has been used where it's high attendance, simply they could just turn the, manually turn them on and then turn them off when they are done and many churches do that. Ms. Oliver: Okay, I just, that's all I just was trying to, make sure I understood. No, no, you are fine, I just wanted to make sure I understood clearly when they are on and when they are off and what the neighborhood wanted. Ms. Willey: Can I make another, maybe that might clear. Ms. Oliver: Sure. Ms. Willey: So a reason for making the request for all the lights to be on motion sensors and off is because by his own admission, he acknowledged that the parking lot will never be used at nights except for big events and there is a total of 50-60 spots directly in front of the church behind and along the side where it's fully illuminated from dusk to dawn making it safe and well lit for anyone arriving any time during the night, that's where the front doors are and that's where the parking now and that's why we are asking this. Ms. Oliver: Perfect. That's correct. Mr. Thornton: Dave Redmond. Mr. Redmond:I would like to try and get, we have gotten away for off field I think talking about what is, and isn't this, or isn't that. This is all about, this application is all about that little paragraph right there, and I want to strike one line and add another, I think it's important that we stay focused on that. She has hit on this which has to do with whether or not there motion sensors has nothing to do with the elevation 12 of the parking lot, I don't care about that, has nothing to do with that. This application is about striking that line, motion detectors on those lights and adding a line that says parking lots in northern parking area shall be turned off when the church is not in use, I suggest we stick to that. Ms. Willey: And that's the issue we are having because. Mr. Redmond:You made that quite clear. You have been quite clear. Ms. Willey: Okay. Mr. Thornton: We are good, any other questions for the speaker, thank you. Ms. Willey: Okay, thank you so much for your time. Mr. Thornton: Anybody else signed up to speak, okay good, will the applicant care to come back with any rebuttal, pastor. Mr. Williams: Very quickly, I want to state for the record and I can be corrected if you can that our condition does not state that we are supposed to have shields on our lights. If I am not mistaken that was never put in there. However, there were some complaints from the community stating that the lights were bright. I requested an engineer to come out and do a testing because I think according to policy that we cannot have any spillover of lighting on our neighboring property, that test was done and there was no spillover in our neighboring property. Our engineer come out to do a second test and to make sure that the moon wasn't shining and to ask all our neighbors to turn off their lights so that there wouldn't be a misreading, I wanted to get as accurate of our reading as possible. He did that, he looked at the calendar, came out on a day where the moon was not illuminated, turned our lights on again, did another testing and again there was no spillover so by policy or condition, the church did not have to shield it's lights; however, because we heard from the community though there was no spillover, they felt that the LED lights were still offensive to look at. I instructed our staff to go ahead and approve for shields to be put on. The lights were already shining downward alright. There was no spillover at all but to be a good neighbor alright, we installed the shields. And the reasoning for the shields on six lights instead of nine is because there is no property, no housing development where these three lights, they were not shielded are, so we felt that there was no need to put shields right there because there is no home right there. We put shields on the lights that will be closest to the residents even though there was no spillover. We installed those shields anyway alright so they wouldn't be offensive to look at as some of our residents were saying. The other thing is you know what Piney Grove wanted initially is to do what every other church in the city does and that's just to simply keep our parking lights on all night long just like every other church does. We ride down the street and we see every other church with their lights on all night long but again to be a good neighbor, we agreed to cut our lights off, when our lights are not in use, in use is the word that was keeping thrown around does not mean when there is 50 people inside the building, I interpreted in use to mean according to business hours. If you are going to McDonalds and you don't see 13 one car in the parking lot, getting burgers or french fries, they don't turn their lights off because there are no people in there eating, they keep their lights on according to their business hours. We feel like it's fair that if we don't agree to cut our lights off and not leave our lights on just like every other church in the city does, we agree to cut them off at 9:50 when our business hours are over. Again our last ministries are done around 8:30 or 9, they have that time to come in, do their rehearsal, do whatever they are doing and we give our cleanup person who is on staff opportunity to cleanup and get out at about 9:50 or 10 p.m. Mr. Thornton: Red light came on;just give me a quick windup. Mr. Williams: So again I just want to make sure that the planning commission is staying true to the issue, we are not trying to avoid anything, we have gone over and above about the things that we did not have to do, all we want to do is how this condition to be stricken off that we do not have to do these motion sensors because it's not relevant for the church anymore. We feel that we have enough illumination with the lights that are closer to the church and they keep us safe and that's all I have. Mr. Thornton: Thank you, any questions for the speaker, thank you sir. Mr. Williams: Thank you. Mr. Horsley: I have one question, would you consider putting the shields on those other three lights? Mr. Williams: It doesn't affect me at all; again that nobody lives there, so that's the reason. If it has been fits to community, the shields that are closer to the people that spoke those lights are already shielded, so I don't see why these three lights would further. Mr. Horsley: They indicate they like to have those three shielded as far I am asking, would you consider doing that? Mr. Williams: If they wanna pay for it,the city wants to pay for it, I don't care. Mr. Horsley: In other words, you don't think that the church wants to do that. Mr. Williams: I don't think that the church wants to do that because it is not impacting anyone at all, there is nothing that but trees and concrete. Mr. Thornton: Okay thank you. Mr. Williams: Thank you. Mr. Thornton: With that, we will close the public hearing and make it open to comment, discussion and possibly a motion, questions,Dave Redmond. Mr. Redmond:So I think Mr. Frankenfield will confirm, that there are times when things get through this body and city council that are unintended and have unintended consequences and sometimes they make your life difficult. Mr. Frankenfield: I am not answering. 14 Mr. Redmond:But I think it's quite, I think that's clear. I am unaware, any other church, any other shopping center, any other commercial building, any ball field that has lights that are required to have motion sensors on them, I have never heard of that here. I have never heard that in commercial industry and that's the industry I work in. So to me how this got between planning commission and city council in here I don't understand how that happened, but I have never seen it. I have never seen it required of anybody else, I think pastor makes a good point when he says this requires us to do something that's not required of any other people, I get that there are neighbors who don't like the expansion of this church, I mean, that's pretty clear, nonetheless seems to me we would be treating them quite unfairly and unlike we treat every other commercial operation of which I am aware and I am unaware of that kind of treatment applied to anybody else, so if that's not true, let me know by the way because I just don't know, maybe but I have never seen it, so I just don't know that we do that, so anyway it seems to me that they are trying to make a good faith effort to shield these lights again I don't want to get mixed up in your photometrics but to try and minimize the impact of these lights is common frankly for commercial buildings to have lights on, at a certain time of night and then turn them off, so that strikes me as sufficient and so I would be supportive of the application. Mr. Thornton: Jeff. Mr. Hodgson: I have a slightly different take, I think sometimes it comes down to being good neighbors and working together and try to come up with the solution that may not be the cookie cutter answer all the way across the city, but a unique one, and when I went to the site, I think it was last Thursday, and I know we're not going to talk about the other issues but I was kind of shocked at what I saw there and how I am actually looking into people's backyards from the front parking lot and if a concession that they are asking for are just those sensors which I have a hard time believing they are going to be the cause that I was told to put on there, I don't think it's a lot to ask for what ended up there in their backyard so and it's what was in the application, so I can go with the neighbor on this one. Mr. Thornton: Alright, David Weiner and then. Mr. Weiner: Back little bit on that, I mean, when the application left here and city council, the residents were thinking sensors and like Jeff said when we drove in there I had no idea that parking lot was that high, we were not certainly thinking about so I am kind of torn, and I and Jeff are little torn I don't know which direction to go in, I feel like they really need to have some type of sensors, it seems like we were talking about the timer earlier, timers are not working apparently so I am little torn, I don't know which way to go. Mr. Thornton: Karen. Ms. Kwasny: I am not torn at all, I think that condition was put in there and the process of city council and the community was agreeable to it because it would allow them a level of comfort and safety and privacy, a sense of privacy and we aren't talking about the issues that have exacerbated that situation but they are part of the 15 consideration nevertheless and I think the sensors are reasonable compromise to provide them with a level of quality of life that they are now lacking and so I am not torn on it, I feel strongly that the sensors are reasonable compromise, they are inexpensive, they can be put on the sensitivity levels that won't necessitate them going on when the squirrel crosses the lot and I think it's a reasonable compromise to add to put it back in or leave it in as it is. Ms. Oliver: To me, it's obvious that it's affecting the quality of life of the neighbors and we do try to be good neighbors and when we are looking at people expanding their businesses and they impact the residential area, we are very mindful of even though we are not supposed to address it and we are only supposed to address the lights but we are looking at the landscaping and things like that and it's obvious that it's missing because that's part of what we apply to these applications to protect the neighbors from commercial when it butts up against each other is the landscaping and the lights and the wattage of the lights and is there a shield and can these people sleep at night and what's the traffic like, what's the noise like and all of those things factor in and in this case this is affecting greatly when one of the council members goes in and can see the light shining in their houses and even with the shields it still affecting them, then I think that you know it's, we have to look at that strongly and I don't think that asking the church to be good neighbor is too much to ask, so. Mr. Thornton: Any other questions, I want if you all will look at paragraph eight, it's kind of interesting that what has been taken out is all parking lot lighting shall be on motion sensors at night when the church is not in use and that means when nobody is there, the lights are off but they can come on if somebody runs across the parking lot, what they are asking for is that the parking lot lights be turned off when the church is not in use, meaning there is no way for them to come back on. So for the neighborhoods sake if the motion sensors are put back there and the lights are out when the church is not in use, they could come on and go off and come on and go off all night long if dogs, squirrels, cats, rabbits, or garbage bags blow across the yard, if they have the condition that they are asking for and the lights are off, they are not coming back on, the motion sensors not going to kick them on, kick them off, it's only when it's not in use, the condition for both of these conditions is not in use. So one not in use conditions is if they are off and the other not in use conditions is they are on a motion sensor so be careful what you ask for because if you make the church put a motion sensor in when they are not in use, they can come on and go off and come on and go off all night long and whether they will do that somebody has said you can adjust them in the sensitivity such so just be aware of the way this wording is for the rest of us on this commission if they are off when they are off and they cannot come back on they are off, but if they are off on a motion sensor, they can come back on and go off so I just wanted to point out that these two items are not that different other than in one case they can come on and go off and come on and go off all night long and the other condition is that they cannot come back on if they are off, if it's a switch and they are off they are off. So I want us to consider that when we decide what to do with this matter, does that make sense, that's the way it's worded 16 that's exactly, it's not saying that they have to be on when the church is, it's not saying that they have to be on when the church is in use, it's when it's not in use. Okay, so it's not going to fix much especially if you have a lot of coyotes and fox and trash bags blown around the neighborhood, they go come on and go off and come on and go off all night long. Mr. Horsley: What you say is exactly right Bob but I am not sure that that's going to fix what these people's problem is, you know, I mean the timer when they go off at 9:50, they go off and then they come back on at the next night whenever they got the timer set to come back on. So I mean, but if you put them on a motion detector, you know, they can come on any time during the night and they will, I mean, and that would entice people even more to drive, you know, two or three guys go back in parking and drink beer or whatever at night and the lights come on, you know, maybe they want them to do that if they are going to do that but I am just saying that come on, so I think really the situation where they go off with the timer and they are off for all night, rest of the night. Mr. Thornton: Anyway that you know if you read it very carefully when they are off, they are off, when it's not in use, they are off, they have told and they have agreed in both conditions when they turn them off, when they are not there, they turn them off and in one case, they can come back on off and on, off and on and in the other case, they cannot come back on, to put on the timer. Mr. Horsley: I think in my understanding, the resident should like them to stay on the motion detector all the time. Ms. Kwasny: Instead of them being on. Mr. Horsley: And instead of them being on from 7-10 at night but then they would go on and off all night along. Mr. Thornton: My guess is that they will be back here in a few months and you know this is not right because it's driving us crazy with lights on and lights off and lights on and lights off. Mr. Kwasny: You know Bob, we close the public hearing but it might have been interesting to ask Donna the question as to why she would want something like that versus what you just explained because I mean that's the concern perhaps that's the concern the community needs to hear that there isn't that great of a distinction except that the lights go on at night and if the lights are going on at night because somebody is in the parking lot that might be exactly what they want. Mr. Thornton: Well, I don't know the answer to that; I just want to point out what the reality is once we make a decision. Mr. Redmond:Ideal would be if they always went off at 10 o'clock and if they weren't in use, the sensors would turn them on during days of not use up until 10 o'clock so it almost be a combination of those two, so that you never had, that I don't know if it could easily be done or not, but the lights would always cutoff at 10 but they turn on with the sensors up until 10 when traffic or something is seen there,but. 17 Mr. Thornton: They don't have any requirement to turn them off now if they are there. If they are there, they are going to turn them all on, if one person is there, two people are there or 20 people, they can do that by right. Dave. Mr. Redmond:You know we're not writing this from scratch. This is a specific application. This applicant asked to strike that one line and add the other, so that's we are looking at. We are not drafting, not sitting down drafting a brand new paragraph on something like that and any applicant has a right to have their application heard. I think we should stick to that. Mr. Thornton: Okay, we will allow the motion, anybody wants to make a motion, hang on. Ms. Kwasny: Bob, I have a question, I think we should ask Ms. Willey that, Kay said that we can bring her back up to ask that question. Mr. Thornton: Okay. Ms. Kwasny: I mean, you are striking a line to, the applicant would like to strike a line and the community would like the line to remain in and I think that we should ask her if you don't see a distinction or one we see as more valuable as a commission, it would be good to know whether or not, why the community wants something different. Mr. Thornton: Glad to ask her back up, would you grace us with your presence in a minute or less. Ms. Willey: So I definitely want to clarify that motion sensors are very practical and they are used in large dealerships throughout the city. The reason being for protection, the parking lot behind my home it's hidden from the street, it's a very dark corner and the motion sensors would only come in play with heavy movement such as a car, they will not be come on and off, you can probably visit a car dealership, they only come on with heavy movement like if there is a car or car decided to come back here and the reason we are asking for motion sensors is not because there won't be any nuisance because they all have adjustable settings where you can set it at a low sensitivity level from zero meaning it would come on with the leaf or 10 where it would only be come on with car movement and the reason for that is because we do have cars loitering back there in the middle of the night, throwing beer bottles, blasting their music loud and I get up and I turn my night floodlights on, this is happening several times 2-3 a.m. and as soon as I turn that light on, they leave so that is the purpose for having motion sensors so it gives us that extra sense of security but you have to understand these are just not like motion sensors we put in the home, they have all adjustable settings that they are made for this particular reason. Mr. Thornton: We got it that answered your question Karen? Ms. Kwasny: Yeah, thank you. Mr. Thornton: Anybody else, Mike. Mr. Inman: I will make a motion, we deny the application. 18 Mr. Thornton: Do I have a second? Ms. Kwasny: Yeah second. Mr. Thornton: Alright have a motion, have a second. Ms. Dozier: Vote is open. Mr. Fisher: By vote of 7-3, the agenda item number six has been denied. AYE 7 NAY 3 ABS 0 ABSENT 1 HODGSON AYE HORSLEY NAY INMAN AYE KWASNY AYE OLIVER AYE REDMOND NAY RIPLEY NAY RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE CONDITIONS 1. The site shall be developed substantially in conformance with the site plan revised for the July 14, 2015 City Council meeting entitled "Exhibit for Piney Grove Baptist Church,Virginia Beach, VA,"prepared by Site Improvement Associates, Inc., dated April 17, 2015, with revisions dated June 17, 2015. Said plan shows two hundred fifty(250) on-site parking spaces. 2. Landscape buffering and fencing along Bald Eagle Road shall substantially adhere to the submitted plan entitled"Exhibit showing landscape for Piney Grove Baptist Church, Sheets 1 and 2,"prepared by Site Improvement Associates, Inc., dated June 26, 2015. Two changes to the said plan are required. First, Aucuba or Camillia must be substituted for Heavenly Bamboo, which is an unacceptable invasive species. Second,the Chindo Viburnum must have a minimum height of thirty six inches (36") at installation,rather than twenty four inches (24") as shown. The required maintenance gate on Bald Eagle Drive shall be secured from inside the parking lot except during maintenance. The gate shall not be open for pedestrian access. Landscape material shall be planted as soon as possible along Bald Eagle Road. 3. The proposed church addition shall subsequently adhere to the submitted architectural elevations entitled"Piney Grove Baptist Church,"prepared by Architectural Innovations. 4. A landscape buffer with Category IV landscape screening is required between the church and adjacent residential uses as shown on the submitted site plan.No structures of any kind are permitted within this buffer area, except fences as shown on the Plan. Existing trees shall be preserved where feasible. 19 5. The church shall provide positive drainage throughout the site such that all drainage does not impact adjoining residential lots to the east or north. 6. New mechanical equipment, including but not limited to, heating and cooling equipment and generators, shall not be located within one hundred feet(100') of an adjacent residential lot line. All mechanical equipment must be screened from ground level view. 7. The dumpster shall be screened and located as shown on the submitted site plan. 8. All lighting on the site shall be directed downward and not spill over onto adjoining residential lots. All parking lot lighting shall be on motion sensors at night when the church is not in use. Parking lot lights in the northern parking area shall be turned off when the church is not in use. Lighting on the front and rear of the church building may remain on for security purposes,but will be shielded from residential neighbors. 9. Prior to the issuance of a building permit for the additions, the church will work with the Zoning Administrator and Traffic Engineering to develop a plan to divert church traffic to the overflow lot across Holland Road when on-site parking is full. The plan will provide for any signs needed to be fabricated in advance and an implementation strategy to include shuttle service across Holland Road. This plan shall be activated when construction of the additions commences. 10. After a building permit has been issued for construction, the church will provide shuttle service across Holland Road whenever the parking lot on the west side of Holland Road is used. 11. After a Certificate of Occupancy has been issued for the new sanctuary, church leadership will encourage all attending church activities to park on church property. 12. At no time shall both the new eight hundred thirty-five(835) seat sanctuary and the existing four hundred twenty(420) seat sanctuary be used for services simultaneously. It is the intent of the church to repurpose the existing four hundred twenty(420) seat sanctuary into classrooms and offices when funds are available. 13. The temporary structure currently housing the Day Watch program may be moved to the north side of the main church property and used until the expansion construction work has been completed. The portable building shall be removed from the site when construction is finished. 14. Interior property lines must be vacated and a 'no ingress/egress' vehicular easement established along Bald Eagle Road frontage prior to issuance of a building permit for additions. (Plat recorded on 06/13/2017) 15. All landscaping and buffering shall be maintained on a regular basis. Debris such as limbs, leaves and litter shall be cleaned up, especially following a storm. 16. Construction vehicles shall not access the church site through the residential streets. 20 17. The existing post and rail fence located along both sides of Bald Eagle Road shall be removed. (fencing has been removed) 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. 21 :;a0'IL 41' I1 Iliic I1 , r „1 ,,,(2 &I,a- 4, ., 9 b� r'' „ � rr1 ` , CO"LL 0 • 'N' , Cir /21)-, 1----/ d 14%*•..,ir I •,',..,... .7 ;)Itc.i. `ka. ,,, .4,..7-,3 4 — ''''•-•,...............,„i " o ,4! fir' , / 0 .t,/,. „. w .._ �- , �� .. ..„ cip .., ,... . ,. , a_ All # ii, i ' ,,Alpi ' —tric44,46,._ N-,,./14:10p ,..--.7,..., 7 , , # ,a- -.4111t: i.:4:4V a I itt A f-..-;"-:'''''•.--, 04 0 4041 a 41t. 1- 1.''' - -i• -;------... i 4t , 0 41i, 4,-77 ff---1 hp,A, !fr ;� ' 0, 1---/' twifiti4 //e ?, ,„_ k 4 -0 'O-- - . f //41--- s *a- , it e3 0 AL . / arli Ce Aill CY) 1:3 eglr*///4yP . s%*s INN .,.., 8 a 1 (SO 'k,7 .,,,,,14 —W44\ \ s•\8 ti r C; A m la- c:o14l +`: z. 41.41 /,,, 4" 7 •., l'irvo ' • A ,:- .• O O ' i ( li 7 O 4. V - `<,,,,Yr 4 oo **4321plk / .1,..., 4:41 4.' .' V . /41,04 4 .4409, to „, 41‘0, P%..k... .., /Ail, . * ,„ ,, ,. / --,...:. . iir t_ ,,, 404-4 ; i / . ,.. 4, ! c, .1c : 1 si .44 .,„.„ , . . •• 41r7 . et,. , ii :IL_ CD71- ,...%,-,,*4144 'Mgr ?-,..i.:)7/h....,' 0 ./7"./. / A,.._,....-,-.---%, -- 4, 705 ,•-•-•-...„*.il 4110v W ' . ,•..41141111isi- • ' ! , rs4:111: IL I ::3)=> top. ,......,Hkiv. 17 . 73 0 o ° 4, 4. N.! *I . ilia Q) --I �\ 4 . ., ` as ca Paige T. McGraw Subject: FW: Deferral requested -Anina Budig Rezoning at 5588 Moores Pond Road Original Message From:Jonathan D. Sanders<JDSander@vbgov.com> Sent: Friday, May 24, 2019 5:06 PM To: Robert"Bobby"J.Tajan <rtajan@vbgov.com> Cc: William R. Landfair<WLandfair@vbgov.com>; Carolyn K. Smith<CAKSmith@vbgov.com>;Amanda F. Barnes <ABarnes@vbgov.com>; Pamela A. Sandloop<PSandloo@vbgov.com> Subject: Deferral requested -Anina Budig Rezoning at 5588 Moores Pond Road Bobby, Please see the deferral requested below for the Anina Budig Conditional Rezoning request which is scheduled for the June 4th City Council hearing. Thank you, Jonathan Sanders City Planner, Planning Administration Planning&Community Development City of Virginia Beach 2405 Courthouse Drive Virginia Beach,VA 23456 jdsander@vbgov.com (757) 385-1829 Original Message From: Anina Budig<abudig@networkindustries.org> Sent: Friday, May 24, 2019 5:00 PM To:Jonathan D.Sanders<JDSander@vbgov.com> Cc: Robert Ruloff<rruloff@srgslaw.com>;William R. Landfair<WLandfair@vbgov.com>;gianpetersen@hotmail.com; Clay Dills<cdills@dillsarchitects.com> Subject: Re:Weblin Jonathan, Yes, please defer to the August meeting. Thank you and hope you have a great long weekend! Anina Budig President Network Industries 757-435-7667 >On May 24,2019,at 4:34 PM,Jonathan D.Sanders<JDSander@vbgov.com>wrote: > > Bob, > 1 >We recommend that you request deferral until the August 20th City Council for your team to work out any issues with the Virginia Department of Historic Resources and their upcoming meeting on the matter. Would you officially like to defer the Anina Budig Conditional Rezoning request to the August 20th City Council hearing? > >Thank you, > >Jonathan Sanders >City Planner, Planning Administration > Planning&Community Development >City of Virginia Beach >2405 Courthouse Drive >Virginia Beach,VA 23456 >jdsander@vbgov.com (757) 385-1829 > > Original Message >From: Robert Ruloff<rruloff@srgslaw.com> >Sent: Friday, May 24, 2019 4:27 PM >To:Jonathan D.Sanders<JDSander@vbgov.com> >Subject: Weblin > >Jonathan,can you tell us the date of our next hearing on the project. I also want to confirm the June hearing will be delayed. > >Robert E Ruloff, Esquire > Ruloff,Swain, Haddad, Morecock, >Talbert&Woodward, P.C. >757-671-6000 2 alIMI J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ANINA BUDIG [Applicant] WEBLIN PROPERTIES, LLC [Property Owner] Conditional Rezoning (R-10 Residential to Conditional PD-H2 Planned Unit Development (R-10 Overlay)) 5588 Moores Pond Road (GPIN 1468564635), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: June 4, 2019 • Background: On May 22, City Council received correspondence from the State Historic Preservation Officer regarding this application. With the review of the proposed use pending with the State Board, Staff recommends deferral of this item to the August 20 public hearing. The Weblin property is a 6.54 acre site located on Moores Pond Road in the Bayside District. There are four existing dwellings on the property: a single-family home (the Weblin House); a duplex; and a garage apartment. In addition, the site includes a number of farm buildings including a milk barn, three silos, a greenhouse, and sheds. The eastern portion of the site is used to grow hops. The applicant requests a Conditional Rezoning from R-10 Residential to Conditional PD-H2 (R-10 Overlay) Planned Unit Development in order to provide a total of 15 residential units on the property under a Co-op regime — four in the existing dwellings, six in two new residential buildings, and five in the renovated milk barn. The proffered building elevations for the two new residential buildings reflect a rural architectural vernacular that includes front porches, and a simple gable standing seam metal roof. Other design accents include a brick foundation, grey cement fiberboard siding, and beige cement fiberboard trim. The exterior of the existing milk barn will be repainted in a complimentary color. The Virginia Historic Preservation Foundation granted a Deed of Easement for the Weblin House property to the Virginia Board of Historic Resources on October 24, 1997. The Easement provides specific protections and restrictions for the property and runs with the land in perpetuity, meaning the terms of the Easement apply to all subsequent property owners. The City of Virginia Beach cannot enforce the terms of the Easement, as the City is not the holder of the Easement. Based on a letter received by the applicant from the Commonwealth's Department of Historic Resources, the proposed development is consistent with the terms of the easement. Anina Budig Page 2 of 2 • Considerations: The proposed Conditional Rezoning is deemed by Staff and the Planning Commission to be acceptable. The concept put forth by the applicant was carefully crafted to ensure minimal impact to both the historic character of the property and surrounding community. The plan, while not a typical suburban-style neighborhood, respects the Weblin House and the historic structures that are protected by the existing historic easement. This is evident by the reuse of the existing historic milk barn and farm buildings, use of rural vernacular architecture and building materials, and preservation of interesting historic structures. In addition, the proposed density at 2.29 units per acre is lower than the typical allowable density of three dwelling units per acre in the R-10 Residential District. The Virginia Department of Historic Resources finds the concept to be in compliance with the Historic Deed of Easement. Speakers at the Planning Commission meeting expressed concerns about the application including the nature of the future property ownership, compatibility with the surrounding community, conformance with the terms of the Historic Deed of Easement, and potential increase in traffic. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 8-2 with one abstention. • 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 Dep- ' m Agency: Planning Department City Manager: �� ills COMMONWEALTH of VIRGINIA Department of Historic Resources Matt Strickler 2801 Kensington Avenue,Richmond,Virginia 23221 Julie V.Langan Secretary of Natural Resources Director Tel:(804)367-2323 Fax:(804)367-2391 www.dhr.virginia.gov May 21,2019 The Honorable Robert M. Dyer, Mayor Members of City Council Municipal Center 2401 Courthouse Drive Virginia Beach, Virginia 23456 RE: Weblin House,City of Virginia Beach Easement File No. 134-0035_ep Dear Mayor Dyer and Members of City Council: . As you are aware, the Board of Historic Resources(Board)holds an easement on the Weblin House property located at 5588 Moore's Pond Road in Virginia Beach. The Department of Historic Resources(DHR),through its Easement Program, administers the easement on behalf of the Board. It is our understanding that Ms. Anina Budig's application for Conditional Rezoning from R-10 Residential to Conditional PDH2 R-10 Overlay Planned Unit Development of the above- referenced property was approved at a public hearing of the Virginia Beach Planning Commission on April 10,2019 and that City Council will be voting on this matter at a public meeting on June 4, 2019. The conditions and restrictions under the easement are separate and distinct from the conditions and restrictions promulgated by the City of Virginia Beach(City), as are the processes through which they are imposed. Accordingly, any approvals or disapprovals made by DHR with respect to the easement on Weblin House property should have no determinative bearing on decisions made by the City, and any decision made by the City will have no determinative bearing on DHR's administration of the easement. To the extent that City Council or the Planning Commission have relied on communications between DI-IR and the property owner in making any decisions on this matter,we would like to provide you with the current status of the project Western Region Office Northern Region Office Eastern Region Office 962 Kime Lane 5357 Main Street 2801 Kensington Avenue Salem,VA 24153 PO Box 519 Richmond,VA 23221 Tel:(540)387-5443 Stephens City,VA 22655 Tel:(804)367-2323 Fax:(540)387-5446 Tel:(540)868-7029 Fax:(804)367-2391 Fax:(540)868-7033 as it pertains to the easement. To that end, I have enclosed a copy of the letter that went out to Ms. Budig yesterday. If you have any additional questions,please do not hesitate to contact me. Sincerely, 07/-6,--e-e:-) C/C3F6----,i-ra-,-L____, Julie V. Langan Director/State Historic Preservation Officer Enclosure cc: Mr. Clyde P. Smith,Chair, Board of Historic Resources Katheryn E. Surface Burks, Esq. (OAG) „..,________ager.....,kk.) Catherine A. Shankles, Esq. (OAG) Mr. David L. Hansen,City Man Western Region Office Northern Region Office Eastern Region Office 962 Kime Lane 5357 Main Street 2801 Kensington Avenue Salem,VA 24153 PO Box 519 Richmond,VA 23221 Tel:(540)387-5443 Stephens City,VA 22655 Tel:(804)367-2323 Fax:(540)387-5446 Tel:(540)868-7029 Fax:(804)367-2391 Fax:(540)868-7033 R -ice, 1j, (fie COMMONWEALTH of VIRGINIA Department of Historic Resources Matt Strickler 2801 Kensington Avenue,Richmond,Virginia 23221 Julie V.Langan Secretary of Natural Resources Director Tel:(804)367-2323 Fax:(804)367-2391 www.dhr.virginia.gov May 20,2019 Anina Budig Weblin Properties,LLC 5588 Moore's Pond Road Virginia Beach,Virginia 23455 RE: Weblin House,City of Virginia Beach Easement File No. 134-0035_ep Dear Ms.Budig: As you know,the Board of Historic Resources(Board)holds an easement on the Weblin House property located at 5588 Moore's Pond Road in Virginia Beach. The Department of Historic Resources(DHR), through its Easement Program,administers the easement on behalf of the Board. Administration of the easement includes reviewing project requests and necessitates Easement Program staff's determination as to whether the project is consistent with the terms of the easement. Due,in part,to the recent activity regarding this property,members of the Board have requested that DHR take a deeper look into this matter at the highest levels in our agency to gather additional information and determine whether the project,as proposed,is in fact consistent with the terms of the easement. Members of the Board have also requested that this project be included on the agenda for the upcoming Board meeting to be held on June 20th at Sweet Briar College. In order to comply with Board members'requests,please provide us with the governing documents,including the declaration,for the entity to be used in the proposed cooperative ownership structure and any other documents or information you may have regarding the proposed project and ownership structure. Any information that you are able to submit prior to the June 20th Board meeting will be shared with the Board and will facilitate our review of your project. We look forward to receiving the requested information. Should you have any questions,please contact me at (804)482-6093 or by email at Elizabeth.Tune(a'dllr.virginia.gov. Sincerely, Elizabeth B.Tune Director Division of Preservation Incentives Western Region Office Northern Region Office Eastern Region Office 962 Kime Lane 5357 Main Street 2801 Kensington Avenue Salem,VA 24153 PO Box 519 Richmond,VA 23221 Tel:(540)387-5443 Stephens City,VA 22655 Tel:(804)367-2323 Fax:(540)387-5446 Tel:(540)868-7029 Fax:(804)367-2391 Fax:(540)868-7033 cc: Julie V.Langan,Director Clyde P.Smith,Chair,Board of Historic Resources Katheryn E.Surface Burks,Esq.(OAG) Catherine A.Shankles,Esq.(OAG) Barry Dorans,Registered Agent,Weblin Properties,LLC Paige Pollard,Commonwealth Preservation Group Western Region Office Northern Region Office Eastern Region Office 962 Kime Lane 5357 Main Street 2801 Kensington Avenue Salem,VA 24153 PO Box 519 Richmond,VA 23221 Tel:(540)387-5443 Stephens City,VA 22655 Tel:(804)367-2323 Fax:(540)387-5446 Tel:(540)868-7029 Fax:(804)367-2391 Fax:(540)868-7033 IN/BApplicant Anina Budig Agenda Item Property Owner Weblin Properties, LLC Public Hearing April 10, 2019(Deferred February 13,2019) D1 City Council Election District Bayside Virginia Beach Request Conditional Rezoning (R-10 Residential to coieo^eetato w i 11 ,.....(i eta~ PJe„e Conditional PD-H2 (R-10 Overlay) Planned Unit „„,.<0' �t<`'< 'is o Na Development) pot^o~va°aa ?�lka' wer'leQ IIIS S P R_ Staff Recommendation Quartetetatfi Gate Cia Approval �et�a< ” aAe . a S i n Staff Planner Sew�m<'�`�ad 1% `�Fa ! Jonathan Sanders Woo.{e<r,poad 6A 1 c,..„,,.Wd _ a WoReater M'Ne m c -34. _._ Y - G m < ¢ O 1 3 Location ^°� ��e / /� f 5588 Moores Pond Road °'O .tom t a. r. 40 GP I N .0-, o,t,„ad ,,.,n Co,,t 'v,e 1468564635 i t . t. "" " Al s L:0'3 mow A Site Size 6.54 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District a ! ,, _ .,__., 4 4' Historic farm with four dwellings/ R-10 #.4#• ;1 . 'I ,,,e = :F. ,.h A Residential , , A..;:',4 ` �,, ,, -1„ ♦ s $ 4`. 4. h ,. l,'. Surrounding Land Uses and Zoning Districts iece; ` a,,:. :y''' *~ `" North li i`' - „ Single-family dwellings/ PD-H2 Planned , Development I`', . , i ; v, .t South V ,.# . ,1 :04, . icy , c. Weblin Farm Road , , ' �`f`.; 1, t 4 .c , , Single-family dwellings/ R-10 Residential $'� ,. vim / - - -- • �,,... East '-',/,#,A,_, a �� ` =sfi Single-family dwellings/ R-10 Residential t.-., , „x % '--.1„,, ,o- rO`;/-• West " ; Y, ;04 ~/'� �* > moo. =r'z.. Single-family dwellings/Conditional R-10 Residential Anina Budig Agenda Item D1 Page 1 Background and Summary of Proposal • The application was deferred at the February 13, 2019 Planning Commission at the request of the applicant. There have been no changes to the application since the deferral. • The property includes the historic Weblin House, named for John Weblin,Jr., who owned the land from 1686 until 1716 and built the house during that time period.The Weblin House is listed on the National Register of Historic Places, the Virginia Landmarks Register and the Virginia Beach Historical Register. Listing on each of these registers is honorary and provides no restrictions or regulations. • H.C. Moore purchased the property in 1924 and continued the agricultural use that had historically been associated with the property. In 1976,there were 150 acres associated with the house. In 1994, the Moore family sought to subdivide the remaining 10 acres for development. Despite the historic agricultural use of the property, the land was zoned residential, specifically R-10 and R-40 Residential Districts. In 1996,the property was subdivided and the R-40 land was rezoned to R-10. This resulted in 30 individual parcels along the new Weblin Farm Road. Most of the dwellings were built on these sites in 1998 and 1999. • The 6.54 acre site currently exists with four dwelling units that include one single-family dwelling, a single-family dwelling that was converted to a duplex, and a garage with an apartment above. In addition, the site includes various structures such as a greenhouse, the milk barn, and various sheds.The eastern portion of the site is being used to grow hops. • The Virginia Historic Preservation Foundation granted a Deed of Easement for the Weblin House property to the Virginia Board of Historic Resources on October 24, 1997.The Easement is for approximately 6.5 acres, including the Weblin House, and provides specific protections and restrictions for the property.The Easement runs with the land in perpetuity, meaning the terms of the Easement apply to all subsequent property owners.The City of Virginia Beach does not enforce the terms of the Easement, as the City is not the holder of the Easement. A letter from the Department of Historic Resources stating that the concept is found to be in compliance with the easement is provided on pages 17 - 18 of this report. • The applicant requests a Conditional Rezoning from R-10 Residential to Conditional PD-H2 (R-10 Overlay) Planned Unit Development in order to renovate the interior of the milk barn and to redevelop the area where there is currently an existing garage and two vacant farm buildings. A total of 15 dwelling units are proposed— five in the milk barn, three in each of the two new residential buildings, and four in the existing residential units on the site. As the existing duplex appears to have been converted without the benefit of proper permits, the applicant is working with Permits and Inspections to bring the structure into compliance with current standards. According to the application, the property will be under a co-op ownership with an owners' association responsible for the maintenance of the property. • The three existing silos will remain and will be repaired as necessary. The exterior of the existing milk barn will be repainted.The proffered elevations for the two new residential buildings reflect a rural vernacular that includes front porches, and a simple gable standing seam metal roof. Other design accents include a brick foundation, grey cement fiberboard siding, and beige cement fiberboard trim. • Per the Zoning Ordinance open space requirement, and as stipulated in the proffers and on the plan, a minimum of 15%open space will be provided, primarily on the northern and eastern portion of the site.This equates to 0.98 acres. This standard is met, as approximately two acres of open space is depicted on the proffered plan. It is the applicant's intent to maintain as much of the existing plant material as possible. Additional plantings include a four-foot tall hedge in the rear yards of the two proposed residential buildings in an effort to add more Anina Budig Agenda Item D1 Page 2 screening. Any crops or goods that are harvested on site will not be allowed to be commercially sold, as the property will be rezoned for residential uses only. • The proffered plan depicts 48 parking spaces, which exceeds the minimum requirement of 30 spaces. In keeping with the rustic character of the historic property, gravel parking areas are proposed, and will be designed to support the weight of fire apparatus. Public Works Traffic Engineering has stated that a commercial entrance with a 30-foot long throat will be required, as multi-family developments are reviewed under commercial standards. Additional details related to the design of the entrance will considered during final site plan review. • The proposed stormwater system will include rain garden meadows (bioretention), which are depicted on the proffer plan to the west and north of the proposed residential buildings. gtill'''' e ' 411 .. A n 2 /„.,,.� � .%o'',�j� ► Zoning History /� '� . # Request '� j 1 CRZ(R-40 to Conditional R-10)Approved 08/27/1996 '� � ��v No �4)&4' ' ' 2 CRZ(R-8 to P-1, R-1 to P-1, R-1 to PD-H2, R-5 to R-8) 0)k, I �ST,�� Approved 02/04/1985 4 ,,,,,? i;, 1*-4P. - A tt, -44% Lit v - - 4 -.1-04-64 trowilltoi. p., 5,-0 i ;,,,tri--® gipR41)© 4, , _ .0 . __J--4 � . rTh-,J7L.1 2 _,5\ r: Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation In Staff's opinion, the proposed request for a rezoning from R-10 Residential to Conditional PD-H2 (R-10 Overlay) Planned Unit Development is acceptable. The concept put forth by the applicant provides an opportunity to generate an income stream that will assist with the maintenance of the historic home and its surroundings. Staff believes that the proposed layout was carefully crafted to ensure the minimal impact to both the historic character of the property and surrounding community. The plan, while not a typical suburban-style neighborhood, respects the Weblin House and the historic structures that are protected by the existing historic easement. This is evident by the following design elements: use of gravel driveway and parking spaces, reuse of historic milk barn and farm buildings, enhancement and maintenance of existing plant material, use of rural vernacular architecture and building materials, and preservation of interesting historic structures. In addition, the proposed density at 2.29 units per acre is lower than the typical allowable density of three dwelling units per acre in the R-10 Residential District, and is consistent with the pattern of development that has occurred over time in the vicinity of this property. By comparison, Cypress Point to the north has a density of 3.28 units per acre and the adjacent houses on Weblin Farm Road were developed at a density of 2.96 units per acre. For the reasons stated above, Staff recommends approval of this request, subject to the following proffers. Anina Budig Agenda Item D1 Page 3 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be a residential cooperative containing no more than 15 units and shall be in substantial conformance with the Master Plan entitled "New Master Plan", dated 10-26-2018, which has been exhibited to the City Council and is on file in the Department of Planning and Community Development (hereinafter "New Master Plan"). Proffer 2: Landscape: Plants shall include trees and shrubs in appropriate locations and species based on the historic nature of this site and as shown on the exhibit entitled "New Master Plan", dated October 26, 2018, prepared by Dills Architects. The existing landscape and Plants shall remain as-is with additional Plants at the new structures as shown on the exhibit entitled " New Master Plan," dated October 26, 2018, prepared by Dills Architects. A Landscape Plan shall be submitted during final site plan review. Such Landscape Plan shall be reviewed by the Planning Director for compliance with the proffer and other applicable City regulations. Proffer 3: Parking: Proposed new parking area will be stone gravel with stone block edging and wheel stops except for the accessible spaces, which shall be in compliance with ADA requirements. A subs system similar to "gravel pave" will be used. Proffer 4: Sign: A new sign will be added for the entrance of the new dwelling unit's area from the existing parking area. The new sign will not be visible from the ROW, and shall be in compliance with the Zoning Ordinance. Proffer 5: Waste removal: Each individual dwelling unit will have a trash and recycle can. These cans will be picked up weekly by a private waste removal company. Proffer 6: Low wood fencing (48")with a low planted screen will be at the rear sides of the new dwelling units (6), as shown on the exhibit entitled The "New Master Plan", dated October 26, 2018, prepared by Dills Architects. Fence design will be compatible with the historic nature of the site and requirements of the easement. Proffer 7: Open Space: Open community space provided will be in excess of 15%of the total acreage of the site. The use of the open space areas will be limited to passive recreation and gardening, and will be controlled and maintained by the Cooperative Association. No commercial harvesting of crops shall be permitted. Proffer 8: Units: The maximum number of dwelling units shall be a total of 15 units in a combination of single-family attached and detached cooperative units. Anina Budig Agenda Item D1 Page 4 Proffer 9: Renovated Structures: The renovated structures shall be constructed as depicted on the submitted elevations of the proposed buildings and milk barn as shown on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects, which have been exhibited to the City Council and are on file with the Department of Planning and Community Development. Proffer 10: Building Materials: The exterior building materials and the color schemes shall be as noted and depicted on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects. Proffer 11: Cooperative Association: Membership in the Cooperative Association is mandatory. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, density and architectural design. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources associated with the site. The site has a recorded Virginia Historic easement. The Commonwealth of Virginia Department of Historic Resources (DHR) manages the easement. The applicant has supplied a letter (on pages 17 -18 of this report) from DHR which permits and acknowledges the proposed changes to the property. The Weblin House is listed in the National Register of Historic Places,the Virginia Landmarks Register and the Virginia Beach Historical Register. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Weblin Farm Road No Data Available Existing Land Use 2 31 ADT Proposed Land Use 3- 111 ADT 'Average Daily Trips las defined by a single Sas defined by a single-family dwelling 4 LOS=Level of Service family dwelling and three unit and 14 multi-family units multi-family units. Anina Budig Agenda Item D1 Page 5 Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Luxford Elementary 514 548 3 -2 Bayside Middle 672 918 2 -1 Bayside High 1,868 1,827 3 -2 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • The applicant/applicant's representative met with the neighbors at their site on January 29, 2019 to discuss the details of the request. According to the applicant,40 neighbors were in attendance. • Fifty-five letters of opposition have been received by Staff noting concerns related to potential traffic, density, noise, property maintenance and property values. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on March 9,2019. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sunday, March 24, 2019 and Sunday, March 31, 2019. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on March 25, 2019. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on April 4, 2019. City Council • As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sunday, May 19, 2019 and Sunday, May 26, 2019. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 20, 2019. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on May 31,2019. Anina Budig Agenda Item D1 Page 6 Existing Site Survey . ..— .— 7r 3 V • I i 1• 1 *I L CIIx (f ^a iz X sts e htr' 1 /r....'"'"''''''''''''<WX 1; W 1atI t y ; Z _. �.- i C A § i 4 h jjy is CC e F_..v4 c I ? b ""�\` r g ,q e1i T !y ll Fa k d u ' L [. ....ft rre.A .3.0 4.NS L L 7 ./'4001°°4 3.1.\ •n. i , . t a h..' $' CC 3_99.9►.6tN c 0 1 .99 99 '€.Z 6131 t 3S*md M1bU'::NKk SS3Cw� ry GN:> S 3r:3"n Ai 3dO d.f0 POSt^-12.^.`_. Anina Budig Agenda Item D1 Page 7 Proposed Site Layout • 6 w It YF e oJ!jf =doHI iEltli x "11 pag' aq- ag£li tst lsa< e pp W1 g i b 1b€ l fill y € p t € gy igi ZdtV„ iJitijii:iI xfluiJiIflhI! i tdlhd �� li w agg L l ° . 4� bo 0-'"3. /.. a• <n g 13 Ili w � Guj T =z:'lq$: U o .4 s g o i• F Z g5 3 '' ta Vii1u4 € \ egg 5 0.: - .WO.<1:Yok - QW Z g ' 0 _ , ; 0MEi e w I Z z . .. / \ $ ;MEI / .,.... ,,... to or lip /d",,,, _ :_, z b� F i gg f/ ' ' : Zsf $1,1 15,, / r' � caw • i . 0 ...„ ,-, cr. _ 0,. , , , — •, 4 .`L 't / 1`1 ti',, ! I C ' n L ! —_ = : ,, 9 1,a k''- . ;4 : 71, 72 N� !' / ' - h � r>l J ;~� -r'' •/'' 'ems^ M O Z i _ /1: :,46 l �: m =E d I 1 " a` i'; mit: \ / 1 Anina Budig Agenda Item D1 Page 8 Proposed Milk Barn Elevations Ly` —�� -a r ,. _ � Ips r t 1 taliit til r.- Ali I1I�I 1 1 PROPOSED MILK BARN EAST ELEVATION Anlna Budig Webin Prowner,LLC NOTES: 5588 Moore's Pond Road 1.TRASH/RECYCLE CANS BEHIND FENCE SCREEN AND EXTERIOR MECHANICAL UNIT. Vrgirtio Beach,VA 23455 D 2. EXISTING CONCRETE SILOS TO REMAIN. 10/26/16 Anina Budig Agenda Item D1 Page 9 Proposed Milk Barn Elevations I\ I .,: ,.,!1 � 11 .rte. ' ` __ ' rt-t. -.rr _ m .- ,T. PROPOSED MILK BARN NORTH ELEVATION Anima Budig Webb'PropniMs,LLC NOTES: 5588 Moore's Pond Rood 1. TRASH/RECYCLE CANS BEHIND FENCE SCREEN AND EXTERIOR MECHANICAL UNIT. Virginia Beach,VA 23455 EI 2. EXISTING CONCRETE SILOS TO REMAIN. 10/26/18 Anina Budig Agenda Item D1 Page 10 Proposed Milk Barn Elevations .Veil ee zlIII �v PROPOSED MILK BARN ELEVATION WEST ELEVATION AnIna Budig WebIn ProperMes,LLC NOTES: 5588 Moore's Pond Rood I. TRASH/RECYCLE CANS BEHIND FENCE SCREEN AND EXTERIOR MECHANICAL UNIT. Virginia Beach,VA 23455 Ei 2. EXISTING CONCRETE SILOS TO REMAIN. 10/26/18 Anina Budig Agenda Item D1 Page 11 Proposed Milk Barn Elevations L- --w 11111t na eac m.. M .ml een 1 r PROPOSED MILK BARN SOUTH ELEVATION Anina Bodig WobIn Propuq.S,LLC NOTES: 5588 Moore's Pond Road 1 TRASH/RECYCLE CANS BEHIND FENCE SCREEN AND EXTERIOR MECHANICAL UNI. Virginia Beach,VA 23455 2. EXISTING CONCRETE SILOS TO REMAIN. 10/26/18 Anina Budig Agenda Item D1 Page 12 Proposed New Buildings - Elevations ir, El ? \ .f a%=//\ - k }§ fzz / ( §\ E\\ \\ \, » , « ©»6 i , } \' »t .- \ ek r ' . I !i §uz\! 2k3 I! .§26k:_E >« f - . /e[22)[§ �/ !)&/ ((/ -: / - S0.o<E� \\ // --0-0u,z #Ll om e Bz 4\ \b�/§ iiiiiiiiiiimi± /6 £d£�a(ad co 9§/{\z \ k. \ §\ //2(&§&2 2_.« »- z �zz&Z! \` ^® §{ }/e§k\/( z6&y!&« }S /)l�.�§u §a /< QOOQ§ § _. \ m &;2:!!36 .<a L \_. y §y da <��o��4y ..,yy01.2. /, . <.7 2#‹ 0!!»< §\ of%( tt2§ z� K� ©a }5 Anina B u dig Agenda Je m Dl Page 13 Proposed New Buildings - Elevations _ate o l l< a„L / E 6 u m 0 c 3a U 11..__1 .---2_,,..--Ic 1 s — L\� Ig tt LLLJJJ NN IV 1 Q l {: .:PRI II :'- H iL_ ¢ i,l JI meat' i 1 ttth'1 L E;11 I �1 111 L J t 1i ❑—Itqt _.i 41E1i1 H 11 __ lb I - tlilll �� __,1 i1 i i ._.a Iflli ❑ Q U ti _ -----i 113I!l._ i E z ,I �' /!{� w ZR. .wrZ w {V_J /: 1 I 3 Z S ,, .n a F rf; < — �_ 1 f-- Z a(9 <O © rI � J \ I O�W<-,Utes 4'4c i 1 ayy<O�F wz< N F 4,4,4 � awwW>-)7,- i Zi 0z �iic-Dr,r, ZWW tl. ti z h=Z�('w3,Ui =Z OZOZZF�Z O� Ow�cehOvaiz qr e__, li i < � Z'^�Zw © >J Om�3ZwON ww Op<00U0Z Z Z w= <m='��WU u_u-io Ci�W00pO � 30 F<EE88ou 1 0 0 ��=nc33..Ly, N 00 0(9�* a Fg( fl5 .,t,., w ce a Z.-fV thON•01:t0 Anina Budig Agenda Item D1 Page 14 Proposed New Building - Elevations s � .. _ o 1 m• N ry I 02-o<0 tC , E ta , < V,-,-5 i ';°%)0 COm 1 _ ..o> 6 -I _ II 123 , t U 0 L1 Z w Z O O U ii-i z u, z nn z z •S = a Q •iZa_i < o pUdJ Uw ,7°-..w‹:-&- R'0 n.wXU H 6-_<,m': >-,,w72 .--n m(�QwY JZ -S U' N ww waaUinw �...>. Z >OU000Z . ill 59 Z Z= -w =w zzm O0z3z .I Zo DLLHHyQQOQ 0 z''O CD,TLdh O _ Q Z =Z >r m G.-z,,,,,,, ,,, JQ Omo30— . OQO?Uww p Qz WQ 'Z mN= WSW QQ K U 1OW ��!m0°:>moo OOu+QQQo000Q 0 - 0 OC�aaaaC�� d d Z-c� r,4.41,0,:00 II I Anina Budig Agenda Item D1 Page 15 Proposed New Building - Elevations 111 ".d m913240 1 m°%a"N o >- a� n V t y O C 2 4 "' 4 t t f i tl tt/ ti . 1: t ,tlti t 4 ❑ lit I ..A. of o/I f Ih 1 Fr7I 1 iii :--I I 1 I I II ---1 l ' I 1 I -i I ==I I O 1;11--U J a < U E a I 1. z 1 I 0 0 2 1 zw z 1 ; z = '—1 L 1 J 1 2O W W 1 a. IX IX II � _I 1 zUU a I . <- a IMMI OM j �OZ�V<UFE � QO U w H -I 1 Ua�Oaa +,_JI i I a<w1��o z ' , 1 _m U' ‹W Y J 'j IH K w W K G C U V'W Scp b 11. O, Z Ja�ewUClZr ,1t Zp yamatjw0- 65 Z.. J 2 Za_ © ij mz ,,S ,..,,X Ft Z0 Hy o0 ,,0 f'�1 I`� 01.R- 0 W f Wa'`.0 N Z ry , l R Z Z N y Z W 4 � Qty, Om00wOm �.� ={ t W--I 2O<07UOZ wF 6Qmr'aLLWU El Q0 <oe�000O wZ .g>m1 >w,a Q ?OW<z.0 NN 00 00 00a.afaa< OL as ztv vi a vi,c':eC Anina Budig Agenda Item D1 Page 16 Historic Easement Letter s COMMONWEALTH of VIRGINIA Department of Historic Resources Molly Joseph Ward 2801 Kensington Avenue,Richmond,Virginia 23221 Julie V.Langan Secretary of Natural Resources Director Tel:(804)367-2323 Fax:(804)367-2391 www.dhr.virginia.gov October 1,2018 Ms.Gian Peterson 5588 Moore's Pond Road Virginia Beach,VA 23455 Re: Conceptual Review(extension):Outbuildings Weblin House,City of Virginia Beach DHR Easement File No. 134-0035_ep Ms.Peterson On your behalf,Paige Pollard of Commonwealth Preservation Group requested an extension of the conceptual approval of proposed modifications to your property,the Weblin House,in the City of Virginia Beach.Initially issued October 25,2016 and extended on October 25,2017,the approval is now valid through October 1,2019. The original letter is repeated below for clarity. Thank you for submitting a project review request to the Department of Historic Resources(DHR) for the conceptual review of proposed modifcations to your property,Weblin House,located in the City of Virginia Beach. This information was submitted on your behalf by Paige Pollard of Commonwealth Preservation Group,and received in our office on October 18,2016. The submittal included condition assessments of the existing outbuildings as well as schematic development drawings(undated)for the rehabilitation of the Milk Barn and the proposed two new single story buildings. These two buildings are agricultural in appearance,but used for residential purposes and would replace the existing greenhouse/hoop structure,garage and shed,all of which are in poor condition. After careful review,our office concluded that,in concept,the removal of the existing garage, greenhouse/hoop structure,and shed and their subsequent replacement with two elongated,single- story structures of an agricultural design aesthetic is consistent with the easement provisions and the Standards for Rehabilitation,and is,therefore,approved. Staff did determine that the existing silos Western Region Office Northern Region Office Eastern Region Office 962 Kittle Lane 5357 Main Street 2801 Kensington Avenue Salem,VA 24153 PO Box 519 Richmond,VA 23221 Tel:(540)387-5443 Stephens City,VA 22655 Tel:(804)367-2323 Fax:(540)387-5446 Tel:(540)868-7029 Fax(804)367-2391 Fax:(540)868.7033 Anina Budig Agenda Item D1 Page 17 Historic Easement Letter contribute to the overall character of the property and notes that these structures should be stabilized and retained as part of the proposed project scope. This approval is valid for a year from the date of this letter. Please submit more developed construction documents,including any proposed ground disturbance,as they become available. We look forward to working with you on this project. Sincerely, Megan elinat Easem t Program Architect Office of Preservation Incentives (804)482-6455 Megan.mel inatO)dhr.virginia.gov C:Paige Pollard,Commonwealth Preservation Group Western Region Office Northern Region Office Eastern Region Office 962 Kime Lane 5357 Main Street 2801 Kensington Avenue Salem,VA 24153 PO Box 519 Richmond VA 23221 Tel:(540)387-5443 Stephens City,VA 22655 Tel:(804)367-2323 Fax:(540)387-5446 Tel:(540)868-7029 Fax:(804)367.2391 Fax:(540)868-7033 Anina Budig Agenda Item D1 Page 18 Site Photos F , 6- • _ . - 4g w --I- - —-- - - --:--- -- '''' :1 i:-..-'-'-'-1,.'1-;ti_i: - ' � - _ _a _ x $4 r' . f ;; • . J.r_ • • x. , o::::-:-.;:;:4E4-,3„:" •. _ .- f L•, 4, s .Ft I�j�� ` ,ad - \ 1 ` tit.7,0;-,.. s* 7 NWMgr {' mss '. • R2g aF IVY 11" . -. •. F � ;: ^€ �- +. ¢,slyl. ' a �s q #x a. _ P g S g, Anina Budig Agenda Item D1 Page 19 Site Photos • Y • •i t may, :Se _ � l ' *EN ;_., -,--, ,.1.1 . rt: 1 _ 1 i 1 "� n kkk - - f ry,y.;R vu4. - f 4 r -! �'L�1 r ' - w • ; � !� . d` liffiff 171 visew - Anina Budig Agenda Item D1 Page 20 Site Photos , xr ,.1 .. ,,,ii-41,g#IMO 1 71 '- /I _,_., , , ,p, -. . 1 p 4 tAllo ; A {{ 0 44,44 ,, ° ,1" I ., ' • :, amt -A �� ,� �:..... M 0," _ .. r .i - -yam'meg 'r3. 2. • rhe Anina Budig Agenda Item D1 Page 21 Disclosure Statement Virginia Beach APPLICANT'S NAMEAnina Budig DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Allds:io5ur5S must DE..:pdated two(2)weeks prior Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicant 0 APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE: 5/2.2/1 c1_ ,c Jonathan Sanders ❑ REVISIONS SUBMITTED DATE Anina Budig Agenda Item D1 Page 22 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 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 footnotest and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS 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:Weblin Properties, LLC _ If an LLC, list the member's names:Anina Budig, sole owner Page 2 of 7 Anina Budig Agenda Item D1 Page 23 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that 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 Anina Budig Agenda Item D1 Page 24 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Here For You Accounting;Moss F' your tax return Financial ri Architect/ Landscape Architect/ Dills Architects 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) 0T Construction Contractors r� ElEngineers/Surveyors/Agents WPL Financing (include current Jim Arnhold nmortgage holders and lenders I I selected or being considered to provide financing for acquisition or construction of the property) 1=1Legal Services Ruloff,Swain, Hadded, Morecock,* Real Estate Brokers / *Talbert&Woodward, PC;Wolcott AAgents/Realtors for current and Rivers Gates 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 ❑ T an interest in the subject land or any proposed development rt 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 Anina Budig Agenda Item D1 Page 25 Disclosure Statement 3 Virginia Beach 1 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. �i•-. I NA gU01y 2let I ig S SIGNA —— PRINT NAME - DATE Page 5 of 7 Anina Budig Agenda Item D1 Page 26 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) • nAccounting and/or preparer of Here For You Accounting;Moss your tax return Financial • ❑ Architect/ Landscape Architect/ Dills Architects Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ 1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) // Construction Contractors • nEngineers/Surveyors/Agents WPL Financing (include current Jim Arnhold ® mortgage holders and lenders n selected or being considered to provide financing for acquisition or construction of the property) ® ❑ Legal Services Ruloff,Swain,Hadded,Morecock, Real Estate Brokers / *Talbert&Woodward, PC;Wolcott ❑ " Agents/Realtors for current and Rivers Gates anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ �� contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Anina Budig Agenda Item D1 Page 27 Disclosure Statement rx,M 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. 4-5-e i'x"1 . ,LLL 11 GO PROPERTY OWN r®r/1 - PRIN NAME 1 DATE Page 7 of 7 Anina Budig Agenda Item D1 Page 28 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. Anina Budig Agenda Item D1 Page 29 t4G $ ACi 7: 9. CITY OF VIRGINIA BEACH �� !:= INTER-OFFICE CORRESPONDENCE o _ tet ,? S OF OURS±Noo, In Reply Refer To Our File No. DF-10152 DATE: May 24, 2019 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson -1•-)'- DEPT: City Attorney RE: Conditional Zoning Application; Weblin Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 4, 2019. I have reviewed the subject proffer agreement, dated December 18, 2018 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Weblin Properties, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia AGREEMENT� THIS AGREEMENT, made this I v ' day of December 2018, by and between, Weblin Properties, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH WHEREAS the Grantor is the owner of that certain parcel of land located in the R-10 Residential District, located at 5588 MOORES POND ROAD, in the City of Virginia Beach, Virginia 23455, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the"Property";and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee to change the Zoning Classifications of the Property from R-10 Residential District to Conditional PD-H2 District with an underlying R-10 District; and WHEREAS, the Property is encumbered by that easement more particularly described as the Virginia Historic Preservation Foundation Easement dated October 24, 1997, and recorded November 13, 1997, in Deed Book 3810, at Page 1626. GPIN: 1468564635 Prepared by: Robert E. Ruloff, Esquire Ruloff, Swain, Haddad, Morecock,Talbert&Woodward, P.C. 317, 30t Street, Virginia Beach,Virginia, 23451 Page 1 of 6 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other development legislation; and WHEREAS, the Grantor acknowledges the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property, and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned to cope with the situation to which the Grantor's rezoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Page 2 of 6 grantees, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: 1. When developed, the Property shall be a residential cooperative containing no more than 15 units and shall be in substantial conformance with the Master Plan entitled "New Master Plan", dated 10-26-2018, which has been exhibited to the City Council and is on file in the Department of Planning and Community Development(hereinafter"New Master Plan"). 2. Landscape: Plants shall include trees and shrubs in appropriate locations and species based on the historic nature of this site and as shown on the exhibit entitled "New Master Plan", dated October 26, 2018, prepared by Dills Architects.The existing landscape and Plants shall remain as-is with additional Plants at the new structures as shown on the exhibit entitled "New Master Plan," dated October 26, 2018, prepared by Dills Architects. A Landscape Plan shall be submitted during final site plan review. Such Landscape Plan shall be reviewed by the Planning Director for compliance with the proffer and other applicable City regulations. 3. Parking: Proposed new parking area will be stone gravel with stone block edging and wheel stops except for the accessible spaces, which shall be in compliance with ADA requirements. A sub system similar to "gravel pave"will be used. 4. Sign: A new sign will be added for the entrance of the new dwelling unit's area from the existing parking area. The new sign will not be visible from the ROW, and shall be in compliance with the Zoning Ordinance. 5. Waste removal: Each individual dwelling unit will have a trash and recycle can. These cans will be picked up weekly by a private waste removal company. 6. Fencing: Low wood fencing (48") with a low planted screen will be at the rear sides of the new dwelling units (6), as shown on the exhibit entitled The "New Master Plan", dated Page 3 of 6 October 26, 2018, prepared by Dills Architects. Fence design will be compatible with the historic nature of the site and requirements of the easement. 7. Open Space: Open community space provided will be in excess of 15% of the total acreage of the site. The use of the open space areas will be limited to passive recreation and gardening, and will be controlled and maintained by the Cooperative Association. No commercial harvesting of crops shall be permitted. 8. Units:The maximum number of dwelling units shall be a total of 15 units in a combination of single-family attached and detached cooperative units. 9. Renovated Structures: The renovated structures shall be constructed as depicted on the submitted elevations of the proposed buildings and milk barn as shown on the exhibits --- entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects, which have been exhibited to the City Council and are on file with the Department of Planning and Community Development. 10. Building Materials: The exterior building materials and the color schemes shall be as noted and depicted on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects. 11. Cooperative Association: Membership in the Cooperative Association is mandatory. The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be reminded; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; Page 4 of 6 The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of -- any of the required building or occupancy permits as may be appropriate; and Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references herein above to the R-10 or the PDH-2 Zoning District and the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at any time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution will be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument will be void Page 5 of 6 . WITNESS the following signature and seal Grantor: WEBLIN PROPERTIES, LLC, a Virginia limited liability company c-- 7 (SEAL) v • By:Anina Budig, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this I a day of December r2018, by Anina Bugger of Weblin Properties, LLC, a Virginia Liability Company Notary Public My Commission Expires: CP ( I c9 Notary Registration Number: kvt 4 2 s,�ee�'G�Mp4?~�a®,, r971C): ® z o T ism T • . ®'9� RG/NIP •. 4, .® y'•••..........•• Page 6 of 6 Item#D1 Anina Budig Conditional Rezoning (R-10 Residential District to Conditional PD-H2 (R-10 Overlay) Planned Unit Development) 5588 Moores Pond Road District—Bayside April 10, 2019 RECOMMENDED FOR APPROVAL—HEARD Ms. Sandloop: Our next agenda item is D1 and Madam Chair, we have 19 speakers for this one. Ms. Oliver: Okay. Let's take a quick break. Just five minutes. The next application. Ms. Sandloop: The next agenda item is item D1 Anina Budig. An application for a Conditional Rezoning from R-10 Residential to Conditional PD- H2 R-10 Overlay Planned Unit Development on property located at 5588 Moores Pond Road located in the Bayside District. Is the applicant or the applicant's representative present. If you would please approach the podium and state your name for the record. Ms. Oliver: Hello, welcome. Mr. Dills: Hi, thank you. Ms. Oliver: State your name. Mr. Dills: I am Clay Dills, architect and principal with Dills Architects. Ms. Pollard: I am Paige Pollard, owner of Commonwealth Preservation Group a, historic preservation consulting firm. Ms. Oliver: Sorry, will get that adjusted, so if everyone can speak into their mic, and speak loudly or sound systems used to be a little off today. Ms. Pollard: My name is Paige Pollard, owner of Commonwealth Preservation Group, a historic preservation consulting firm. Ms. Oliver: Okay. Mr. Dills: So, we're going to start by walking through the project. I don't know if you have the, do you have the slides? Ms. Oliver: Here we go. He'll pull them up for you. Mr. Dills: So, it's a 6.8 acre parcel and we are proposing the development of six units here and an additional five of varying size attached units inside a historic milk barn, as Paige will likely elaborate on, there's a historic overlay easement at the state level that encumbers the property. That easement has as much to do with the setting, the agricultural setting of it as it does with preserving the structures that are on it. So, there's 6 units here, five in the milk barn, there are three silos here that the state is asked to preserve and to build back up. There is an existing apartment over garage that will remain here. This is the historic Moores Pond house. And, there's a duplex that is existing and to remain on this end of the property. Much of the impetus for this comes from the fact that the owner would like to upkeep the property to bring it back and to keep that maintenance in perpetuity. You'll see where these units are aligned on site, the planning of this has to do, and I know Paige will talk about it as well, has to do with two existing structures that are there now. DHR, Department of Historic Resources, interprets the easement as preservation of the setting, an agricultural setting. So, we are removing a feed barn. It's a covered canopy over a feed barn, you do for cows or livestock and a pole hoop garden structure that is here and we are putting the units back in their place. We're tearing down old garage here. This essentially forms the relationship of the new planned development that we're proposing. Inside of all that currently inside on the existing site plan, this is the paved area now, and we're proposing to keep parking, do it all in that same place. Ms. Pollard: In terms of the historic preservation easement itself, the Virginia Department of Historic Resources oversees and stewards Historic Preservation easements that are held by their agency. Whenever changes made to a historic property for which they hold an easement, they typically recommend a three-part submission and review process, schematic design, conceptual design, and then review of all of the construction documents. When we started this project, the first thing that we did for them was perform an analysis of the current conditions of the existing buildings on the property, and also established age is for the various buildings to the extent that we could. With agricultural buildings, it's sometimes difficult to date to a specific year and so we use building materials and building construction methods to help them that analysis. So, our first submission to the Department of Historic Resources was an analysis of the existing structures, including photographic documentation, and written in documentation. The outcome of that review was that the three structures that Clay noted for demolition were modern and/or beyond repair and/or temporary type buildings that could come down. That allowed us to identify with the Department of Historic Resources, an area where new construction could be considered. We then submitted the next round of work, which was a very schematic layout of what the site might look like, along with a unit count and preliminary blocking plan for what might go in the existing milk barn building. We obtained approval for that, and then we submitted a more fully developed proposal, which includes the elevation drawings, which I believe are in your package. We have approval for that as well. Assuming that this goes well and makes it through City Council, then construction drawings will be developed. Those will also be reviewed by the Department of Historic Resources. They will also have to be approved and then they will perform inspections during construction and after completion of construction. It's important to know that they also perform regular inspections as part of their stewardship program, whether or not there's work going on the property. Those inspections occur at least every three years, if not more often, and they result in a stewardship report that identifies maintenance items that are mandatory for the easement property owner to undertake so that process will continue in perpetuity even after this project. Any questions? Ms. Oliver: Does anybody have any questions? Mr. Ripley: I do. Ms. Oliver: Yes Mr. Ripley. Mr. Ripley: The Weblin House, what level of detail will you be required in renovating that and to what extent will it be renovated? Ms. Pollard:At this point, there are no plans to renovate the Weblin House proper. Under the terms of the historic preservation easement any and all activity that occurs on the site has to be reviewed by the Department of Historic Resources. So, if that changed, if there were interior alterations plan for the Weblin House, we would have to take that through their review process as well and it's important to understand this is recorded as part of the deed. So, it's a legal instrument. Mr. Inman: Well, are you talking about exterior as well? Mr. Ripley: Yeah, I'm talking about the exterior as well, the windows and doors are they original or have they been taken out or newer windows put in? I don't know. Ms. Pollard:The windows is actually interesting, you ask that the very first time I visited the property several years ago, I noticed that the windows were very modern vinyl replacement windows that we would not typically see approved for an easement property. After touring the property and going to review the file that the Department of Historic Resources has, those windows were installed prior to the Department of Historic Resources receiving the easement. So, they're relatively modern windows, they're not something that would typically be approved, but they pre-exist, the easement reaccreditation itself. Ms. Oliver: Yes, Mr. Weiner. Mr. Weiner: Question to, say it goes through here, it goes through Council, then it goes to back to the state, that y'all will review it, review the plans, review the elevations, review the buildings, if it doesn't meet what you're looking for, and you want to change them and then has come back to us? Ms. Pollard: Right and the approach of this, you know, schematic and conceptual review is so that there's agreement on what the buildings are going to look like before it comes to you all, and then the construction documents are just a matter of the means and methods of actually putting together the new buildings, and then specifically what windows selections are being made and what is the profile of the door trim and what is the material of the door trim, what is happening on the interior, what are the interior finishes, they look at all of that. That's at a level of detail that isn't typically developed until you have a fundamental understanding that you're going to be successful in your zoning and getting your building permit. Ms. Oliver: Yes, Mr. Horsley. Mr. Horsley:Explain the co-op ownership situation here, each individual unit going to be sold and then it's like a homeowners' association, how's that gonna work? I'm a little bit confused from? Ms. Pollard:We're going to defer to the attorney for that question. Mr.Ruloff; I'm Bob Ruloff. Mike Inman could probably answer that question better. I'm the attorney. The co-op ownership will be for units. Co- op is similar to a condominium, this will be a single ownership and the unit owners will lease their units for at least 30 years, sometimes 50, sometimes 70. So they have the benefits of ownership in the sense that the unit will pass to the heirs and they can sell their unit with their selling the leaseholder stake, not a free simple estate. Condominium you own your fee simple unit just like a single family dwellings if they were attached generally. This will be similar in the sense that you can sell it, you make use of the interior of the unit the way you want, but the unit itself will be owned by a corporation. So, if there are 15 owners of the unit, owning the leaseholder estate, they will be stockholders in a corporation, and they'll receive stock within a corporation leases their specific unit to them and generally is for a lifetime. Our original intention is at least 30 years. So, you get financing on those units. Otherwise, it's very similar to a co-op, the management, upkeep maintenance will be the responsibility of the co-op association,just like a condo association, so the control of the structures will be within the unit owners, unit owners meaning owners of a fee leaseholder stake. Ms. Oliver: I have a question when you mentioned the, I guess the maintenance of is that maintenance of the entire piece of property? Mr. Ruloff: Whole piece and all the units. Ms. Oliver: And all the units, so the... Mr. Ruloff: Exterior, people will be responsible, I'm sorry. Ms. Oliver: You need to speak into the mic because we are not able to hear. Mr. Ruloff: The exterior, the grounds, upkeep and maintenance will be the responsibility of the association. Just like a high-rise condo, everyone pays for the elevators, the hallways and exterior, the interior walls are your responsibility. Ms. Oliver: So that would be the entire, I just want to be. Mr. Ruloff: The whole project. Ms. Oliver: The new project or the whole existing piece of property with the Weblin House and the other two pieces on there? Mr. Ruloff: All pieces will be submitted to the co-op regime. Ms. Oliver: Okay. Mr. Ripley: So, if there is a fire, the association actually would have a policy for that, but the interior will be carried by the individual owner? Mr. Ruloff: Yes. Mr. Ripley: Got it. Ms. Oliver: Any other questions? Okay. Mr. Redmond. Mr. Redmond: Excuse me, don't walk away yet. Question for you. Can you explain some of the landscape improvements right up to them, including that you're going to maintain the current plant material? Walk us through a little bit the screening of the site and additional plant material that you've contemplated here. Mr. Dills: It's meant to remain as is, especially at the perimeter. Mr. Redmond: Okay. Mr. Dills: So a majority of all the plants on site except for foundation planting on the new units only is going to be handled as historic, and that you may have seen in the right up where it speaks to an arborist in a historic context that makes sense. The new plantings are also going to be done in a historic way where they're compatible, their species that would have been planted originally in that context and it's been planned that way. Mr. Redmond: Okay, thank you. Ms. Oliver: So, we walked the property and there are some sections of it that could probably use a little more tender loving care. So, my question is just for clarity. When we talk about maintenance and bringing it up to the standards of what would have been there and the plantings, I just, I guess I want to be very specific about the existing buildings, not the ones that you're going to be redoing, but the garage apartment and the duplex. Would that also be included in that landscaping plan? Mr. Dills: It actually the intent and what we have said to the DHR as well, is that they will bring all those up to that standard. The same standard required by the state. Ms. Oliver: Okay. Mr. Redmond. Mr. Redmond: I neglected to ask one question that I thought was important because I met with some neighbors and we sort of had this question on silos. What will they look like, what's structural, you know? Mr. Dills: They're in poor repair structurally as well. So, what you see you should believe. Mr. Redmond: Yeah, they look like a strong wind will take them down. How do you, I mean, how that would preserved? Mr. Dills: DHR has required that they remain and be made sound again. So that's the intent, we have to do that. Mr. Redmond: Okay. Mr. Dills: I mean, the big picture here is that at the state level, they are dictating that all of these things have to be done in order to even think of doing this project and that's why we've gone through conceptual approval and a schematic approval, where they essentially dictated to us heights and placements and materials and what needs to remain or what needs to come up to a standard compatible with the easement. So that's the intent and what we're proposing. Ms. Oliver: So, when we were on this property, there's a section of it between the garage and the new building that's evidently been used as a mulch area for a number of years, because we actually walked in it and it got a lot of bounce. So, I assume that will be addressed also? Mr. Dills: It has to be. In terms of the co-op and the condo, what Bob was really getting at is that the ownership group letting things go into disrepair greatly affects their value. Ms. Oliver: Right. Mr. Dills: Right. So there's an impetus to keep it where it is once it's made right. Ms. Oliver: Okay. Anybody else? Okay. Great. Thank you very much. Ms. Sandloop: Okay, first speaker, Jim Arnhold and then Kendall King, and William Lewis. Ms. Oliver: Welcome. Mr. Arnhold: Thank you. I thought Planning Commission means we're an hour and a half. Ms. Oliver: For an application. Mr. Arnhold: Chairman Oliver, members of commission, I'm Jim Arnhold, local developer. I'm in negotiations to construct this project with Ms. Peterson; I have been involved with talking to the historical group in Richmond for over five years. The last couple of years have been by Mr. Dills and everything else and they came up with a plan that these guys are in agreement with. I just wanted to come up in and I'll be very brief. The historic resources approval process went through very many plans, lots of different ideas, lots of different concepts, and this is the only one that's ever been approved. So, I think that's a very important point that these guys are protecting what they believe to be the at least historical significance from a visual standpoint anyway. This property is in disrepair, I'm sure you guys did see that when you went there. It's very costly to keep it up. Mrs. Peterson is 80 years old, she has two children, and both don't have any desire to take on this obligation. I think that's important for you guys to know. This proposal, I believe, will probably preserve at least the visual integrity of this historic property. Because I see it as an economic issue, more than any of the other issues that come up with Historical Review, will check all those boxes. When I look at these, I did a project right around across from Kellam High School, which was the old Riganto property that house was built in the front in 1774. And we kept four acres back then back in 1997. I think we came in for that development in there and it's now a preschool kindergarten. Obviously my daughter runs that and she's still doing it. But I would tell you that all these properties are very expensive to keep up and bring into compliance. I see this as an opportunity to move from one person to an opportunity for 15 people to take care of this property and bring it up to a standard. I think they will make us proud and keep this house going. Thank you very much. Ms. Oliver: Thank you. Any questions for Mr. Arnhold? No, okay. Thank you very much. Mr. Tajan: Madam Chairman, just to clarify the property isn't subject to the local Historical Review Board. I believe Mr. Arnhold was referring to the state review process. Ms. Oliver: Thank you. Ms. Sandloop: Kendall King, then William Lewis and then Linda Huddleston. Ms. Oliver: Welcome. Mr. King: Good afternoon, I'm Kendall King and I'm going to speak in opposition. When the Navy brought Gayle and I to back in Hampton Roads in 1979, we chose to live in Virginia Beach. We liked Charlestown Lake South and Centerville Turnpike, but it got too crowded, too busy. So, we found a place that's private, Weblin Farm Road, which is just down from the Weblin House. The wetlands are there, we share the wetlands with the house, we have good neighbors, but there are three reasons we oppose this. The impact on privacy, the impact on quality of life, and the land use issue. As far as privacy is concerned, the number of new neighbors will increase our traffic by a third, increase our noise by a third and since it's a single entry neighborhood that will be the first impression that people see when they come to into our neighborhood. Second least the quality of life. I don't know what kind of renters are, I guess co-op owners that will be able to get but there will be lower income than the 29 of us that don't $400,000 houses. We just don't know whether they'll be able to fill those co-ops, and what kinds of people will be able to fill them with. I think the third aspect of it is the land use. You have hundreds of apartments, condos and town homes within a mile of where we live, not sure why we need to have 15 on a historical property. Just what is that going to do to our property values and again, what is it going to do to the area? So again, appreciate your consideration. Thank you for having me. Ms. Oliver: Thank you. Do we have any questions for Mr. King? Thank you very much. And before the next caller comes up, I just want to remind everybody that it is a three minute and so the yellow light will blink and so we're going to, since we have so many people, we're going to try to, we are going to keep to that time limit. Ms. Sandloop: Okay, William Lewis and then Linda Huddleston and Charles Olazach. Ms. Oliver: Welcome, Mr. Lewis. Mr. Lewis: Bill Lewis, okay I lived in the subdivision for 20 years and one of the original owners there. We were promised when we bought as good as a contract is that you get from your real estate people that this property would never be developed. It was under the historical society and there was no doubt that this is going to be like this forever and that's why we bought there, and we've enjoyed that. The other things that I disagree with is the size of these units that are being put in here, you've got four of them, that's going to be under 900 square foot, you've got 6, 1,300 square foot and 3, 1,400 square foot, they adjacent homes around this area are 2,200 to 3,600 square feet. They're supposed to be 50% brick all have garages, the town homes that are at the front of the area are all brick, 2000 square foot, the condos that are up there are the same size. So, I think this is going to adversely affect all of our property values, it can do nothing but drive them down. You're going to hear a lot. Ms. Oliver: Thank you. Thank you for letting me know. Could we pull up the aerial of the neighborhood? Is that possible? And then we can get an idea. Ms. Sandloop: Linda Huddleston and then Charles Olajasz then Anita Downs. Ms. Huddleston: Thank you very much for having me. I'm a little more verbose. So, I'm going to read mine as quickly as I can to make my three minutes. Ms. Oliver: Would you state your name? Ms. Huddleston: My name is Linda Huddleston, my husband and I were original owners and long time residents of the Weblin Farm Road and I want to speak to you about the quality of life as our planning Commissioner, Mr. Graham suggested. Sorry, been there done that. At the time of our purchase, we were informed that the farm was considered a historical site and would never be developed, an idea that we liked because of the quiet nature of our street. I'd like for you to think a moment about your own home just for a moment perhaps you enjoy getting in the dirt and planning your own flowers, cutting your own grass, just the way you like it. Perhaps you pay someone to fertilize, cut and trim your grass and shrubs. As new homeowners, you can imagine our interest when our first Christmas there included an invitation from the residents of the farm for a holiday gathering. We were excited to see the inside of the barn where they lived and all of the modifications they made to make it a dwelling a true home and not a barn and we were not disappointed. At that gathering, our new neighbor Ms. Peterson made several announcements as we got to know each other. We were delighted to learn that her plan was to make the farm a horticultural show place, which you had the privilege of seeing. She mentioned adding ponds and exotic plants to the property. Think of your own neighbors. An announcement like that may spur you to step up your landscaping game a bit. Now, think if not only that vision were never to come to fruition, but that the property fell into disrepair. The city was called on several occasions just to get the grass cut to a reasonable height. It was rarely trimmed around the trees or shrubs and vines and weeds grew throughout the property facing the street that obstructed the view of the buildings. This was not and has never been close to horticultural showplace. If that neighbor then or to tell you after 20 years of this, that they were about to build a mother in law suite or a set of storage structures on their property to make it into a showplace spoken up so long ago, would you believe that change would magically give your neighbor the same value you possessed for the appearance of your own property. Our fear as residents is the lack of care for this potentially beautiful historical property would continue with a new structure built there, the potential for noise and tenants that share the current owner's view of the poorly maintaining the property would create an additional eyesore to our otherwise quiet neighborhood. We have no confidence the plan for imminent improvement after 20 years. And over the years most residents of work to maintain a neighborly relationship and enjoyed seasonal gatherings, but the current owner never chose to join us until the neighborhood watch was implemented last summer. Our neighborhood is not a large one, but you can see by our representation today, in the middle of the week, this is an issue that we feel passionate about. Personally, I believe the paperwork presented only demonstrates how the use of loopholes has gotten this rezoning past. One more show place for self promotion at the expense of those who have had to deal with the eyesore driving into the neighborhood every day. Thank you all. Ms. Oliver: Ma'am. Do you mind coming up and there's a pointer and showing us where your house is in relation to the applicants property? Ms. Oliver: Okay, Thank you very much. Ms. Sandloop: Mr. Olajasz, I'm so sorry, Anita Downs and then Perry Suttle. Mr. Olajasz:Madam Chair, commissioners. My name is Charles Olajasz. My wife Brendan and I live at 5381 Weblin Farm Road, which is in the very back. We are the first property owners of Cypress Point North Park two, during the process of researching the property, well, my wife and I worked very closely with the developer Rick McGinnis, the McGinnis Realty, and a course at that time. We knew the Weblin Farmhouse was coming up for auction. We were concerned about it. So Mr. McGinnis assured us not only verbally, but also in writing from the Attorney General's Office of the Deed of Easement and it seems like some folks probably haven't read that yet, but if you don't mind I'm going to, it says no building or structure should be built or maintained on the easement property other than Weblin Farmhouse and the other buildings and structures existing on the date of this deed of easement, building structures calmly and appropriately incidental to the single family home, including but not limited to a garage, guest house and garden structures, recurrence of historical outings or structured with a document if the profession historical and agriculture investigation to have been located on the property. In addition, back in August 24th, 1997, there was an article posted in the newspaper. It was in The Virginia Pilot, it says although the 17th century is Weblin Farmhouse is for sale, it will never be lost the development. The beautiful brick structures six and a half acres in Cypress point North has been protected by historical preservation easement and will safeguard the house forever. I was shocked to see the rezoning sign go up last year. I had no idea the work that had been going on behind the scenes as far as the wanting to develop that property. And according to the deed of easement, it can't happen. They can't build over there. They can't build condos, townhouses, apartment complexes. It reminds me of a Motel Six over there with 48 parking spaces and 15 rented units over there. October 15th, we were able to get a letter from Gilliam K. Barnes, and it states fee sample of cottage to be owned by a condominium association. This project if approved would violate the Pacific terms of easement paragraph seven states the easement property should not be divided, subdivided or convey and fee other than a single track, any new structure must be constructed with paragraph two and three of the easement. Paragraph three restricts all new construction to buildings and structures and it did so and accessible to the Weblin Farmhouse and its historic reconstruction based on the documentation. Back on September 17, 2015, Mark Reed preservation planner here, he put down a PowerPoint here, and he actually says the cottage style dwellings will be built in context of a single family residential condominium [Inaudible] [04:12:13] states that the DHR cannot waive any clause as listed above and my time is up, I wish it wasn't, but the only thing I will say somebody needs to speak on Ms. Moore's behalf. She's not here. She's here in spirit. She did it the right way. She donated that piece of property after all the construction in the 1780s and she donated to the state hoping that it will be taken care of, somebody needs to speak for her, and I know she's looking down on us today. But she did it the right way. There should be no construction especially new construction over at the Weblin Farmhouse. Ms. Oliver: Thank you. Mr. Olajasz:Thank you, appreciate it. Ms. Oliver: Thank you very much, you have any questions, thank you very much. Ms. Sandloop: Anita Downs and then Perry Suttle and Michelle Suttle. Ms. Oliver: Welcome Mrs. Downs. Ms. Downs: Hi, Anita Downs. Thank you for letting me speak today. Ms. Oliver: I'm gonna get you to lean into the mic a little bit please. Ms. Downs: Okay. Ms. Oliver: Thank you. Ms. Downs: I believe if you're going to donate your historic property to the State of Virginia with your wishes recorded in a legal document that protects it from development forever, then that should mean something. It should be honored. When we moved here 20 years ago, we chose the Weblin Farm neighborhood because it was strictly single-family homes. That was very important to us. We would not have moved into the neighborhood if there were multifamily housing there. We were concerned about the farm before we bought our property, but we're told by the developer not to worry, because there was a historic easement which precluded any subdivision or multifamily dwellings on the property. The easement we were told was permanent and forever. So, we felt good about purchasing a home on Weblin Farm. John Peterson and then her daughter Anina Budig owner of Weblin Properties, LLC, bought Weblin Farm knowing this easement was in place forever. We would feel very betrayed by the City of Virginia Beach and the State of Virginia if they reneged on that promise, and I believe Clay Dills just mentioned that the easement addresses the setting. Well, it also addresses the use just as rusty pointed out, it states basically no structure shall be built or maintained other than incidental to a single- family residence. So, call it what you like condos, co-ops, residential units and a residential area, whatever, I don't care, it's still multifamily living units. And that's not compliant with the original land use intended by Dorothy Moore and not something that my husband and I want our single-family home neighborhood. The Virginia Beach zoning ordinance Code Section 1124 PD-H2 land use plans states, the land use plan shall show how the proposed development of the property would differ from that which would otherwise be permitted in the underlying zoning district and the public benefit to be gained by developing the property and a PD-H2 district. Nothing in the land use plan presented so far addresses the public benefit to be gained. Today, we've heard numerous reasons why we the public think it's a bad idea to approve this rezoning. We have yet to hear a compelling reason why granting this request is in the public good. Yes, no doubt the rezoning is good for Weblin properties, the developer and their investors, but who else really benefits. Today, the LLC is not acting in good faith being already in violation of the current zoning ordinance. And now they're asking you to override the city's intent not to create additional PD-H2 districts as published in the guidelines. I asked why you would even consider this. Where's the public good? Thank you. Ms. Oliver: Thank you very much. Ms. Sandloop: Perry Suttle, and then Michelle Suttle and then Zach Suttle. Ms. Oliver: Welcome Mr. Suttle. Mr. Suttle: Good afternoon. My name is Perry Suttle. My wife and I have lived in Weblin Farm for over 16 years now. We weren't one of the original folks but came in a little bit later after things opened up. You've had a lot of discussion this afternoon about the easement or the deed of easement, some of the previous correspondence from DHR and I wanted to provide copies of that for the members of the Commission. Ms. Oliver: Okay, you just hand it to Mr. Carl, please. Thank you. Mr. Suttle: Again, it seems like everything that has been going on is an effort to circumvent this deed of easement, whether it's do not build anything else than a single-family home. Everything else whether it's the co- op agreement, is an effort to get out there, one of the paragraph seven talks about you will not subdivide and if you look at this current arrangement looks like this is an effort to circumvent that and get around it. For several years from at least 2010 up through 2015, the DHR was adamant that you will not build, and they talk about several instances where it looked like there was an attempted in run around procedures and policies to get what was desired. Now sometime between then and now, DHR had a change of opinion, why I do not know, but again, you know, they have new people who are working there compared to who was working there in 2015. So, I can only assume that, you know somebody has a different opinion, but when you look at the deed of easement, it was written by the Commonwealth's Attorney General's office; so, you know, if we need to get further explanation or clarification, I think that's where we may have to go for this. That's all I have. I just want you to take this into consideration, uprooted response or recommendation might be to if you can set aside a decision until we get some final clarification on this from the state. Ms. Oliver: Thank you very much. Ms. Sandloop: Michelle Suttle, Zach Suttle and Bobby Wilkerson. Ms. Oliver: Welcome. Ms. Suttle: Thank you ma'am. My name is Michelle Suttle. I live on Weblin Farm Road and as my husband said, I'm in oppose to the rezoning of the Weblin Farm property from R-10 to a PD-H2. And Russ also said, I don't want to go over that again, but the paragraph that the deed of easement which we all passed down paragraph two and paragraph seven. But the other one thing I wanted to just say is DHR explained that this would violate specific terms of both these paragraphs deed of easement. They then noted that she has submitted similar proposals in the past and that the DHR staff repeatedly advises her and writing in meetings with her and her representatives on three occasions that the deed of easement precluded subdivision and new residential dwellings. I've lived on Weblin farm since 2002 and I do not want to see this historic property turned into multi family dwelling. Thank you. Ms. Oliver: Thank you. Ms. Sandloop: Zach Suttle, Bobby Wilkerson and then Christina Jones. Mr. Suttle: Good afternoon, my name is Zack Suttle. Before I begin, I want to thank madam chairwoman and the committee for all that they do as members of the community. I also want to thank the City of Virginia Beach and the Commonwealth of Virginia for the role they play in development. I've lived at Weblin Farm since 2002, just down the street from the proposed area right there. And while this proposal for the Weblin house property is seemingly a good idea of blatant disregard for the property easement has managed to completely circumvent this proposal. Easement specifically states, and I know I'm reiterating no building or structure shall be built or maintained on the easement property other than the Weblin House and other buildings and structures existing on this date of this deed of easement and other than buildings or structures commonly or appropriately incidental to a single-family residents, including but not limited to a garage, guest house and garden structures. The proposed structures consists of new units that would be added to allow for multiple families that live on these premises in a cooperative. These units in no way in body the entity of a single- family dwelling, it is proposed that since a co-op is you know, it meets a single family residence; however, Virginia code states 50- 225.02 single family residence means a structure other than a multi-family residential structure maintained and used as a single dwelling unit or any unit which has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment nor any other essential facility or service with any other dwelling unit. The proposed plan does not qualify as a single residence unit under the Virginia code. Simply given the maintenance fees paid every month and a co-op or for the service of maintaining the property and buildings on the property. This is a service that does not qualify cooperative as a single-family residence. For some of the same reasons, a condominium is legally defined differently than a single-family residence. Surely this is not proved to be in direct contradiction with the easement. Ignoring this easement the same thing keeping anyone from demolishing the building is as effective as tearing down the 350 year old house. This easement is what keeps historic property for generations to come. Its guidelines must be followed thoroughly and cannot be picked and pulled apart to suit ones needs. As with many legal documents, the easement is not perfect, but it was created to keep the six-acre piece of land for being developed. The authors may not have found every legal loophole, but they understood the importance of keeping the property intact, prohibiting splitting up the property and requiring a single-family residence. The co-op proposed for the property satisfy the need of splitting up the land something that was denied with the proposition of condominiums in 2015. However, a co-op is not a single-family residence; this proposal cannot be allowed to pass because it violates the easement which land was purchased. Thank you for letting me to speak against this proposal. Ms. Oliver: Thank you. Ms. Sandloop: Bobby Wilkerson, Christina Jones and then Robert Patterson. Mr. Wilkerson: Good afternoon. My name is Bobby Wilkerson and my wife and I live directly across the street from the farmhouse in front of by the milk barn and we the original owners move then in 1999, we purchased a property with the understanding that it would never that the Weblin Farm historical site would never be developed. And we live directly across the street from their property. I lived in a co- op for 15 years in Alexandria, Virginia, the co-op that we purchased in, we were told initially that they were like one or two other co-op properties in the State of Virginia. Reason being, there is a problem with co-ops, you have difficulty selling your property and we did indeed have difficulty selling our property and that 180 unit co-op. What happened was the people stopped paying co-op fees which is the same as kind of ease the property deteriorated and there was nothing we could do. The people that wanted to move out couldn't move out because nobody would purchase the property. Nobody moved in, we lost revenue, couldn't improve the property, couldn't maintain the property. So, what we ended up doing was converting it to condominium. Now, I asked you today to look at that property and take a hard look at if they convert that property to co-op. And it goes into more disrepair than it is already there. It is an eyesore today, you visited a property, and I live directly across the street. I've been making excuses for that property for 20 years and what they should be considering today is how can they improve the property? Not how can they build additional units on it, and let it go into for the disrepair. Thank you. Ms. Oliver: Thank you. Ms. Sandloop: Christina Jones, Robert Patterson, and then Thomas Wood. Ms. Jones: Hello, thank you. My name is Christina Jones and I am one of the newer residents here. I've only been there for about nine months. We moved in July, we were also under the same kind of thought that we would never that piece of property would never re-developed and that we were happy that we were buying in this neighborhood because it's surrounded by water. And so we never experienced further development. So, we were really excited about buying in this property and then we move in and we find out that is very shortly the first sign start to pop up and that's oh my goodness, what's really going on here and we find out that that they want to develop on this piece of property. Then we go, we further find out this is historical easement. The historical easement does not allow for this further development. On top of that, the DHR has already, they have already broken our public trust, and they're already currently four individual people that are not part of her family living on that property. There are four separate mailboxes and this is something that the DHR has already allowed in the last couple of years. And to the just recently, one of the units was on Zillow for 1200 dollars. So how is she already doing this, DHR has already broken our trust that's the point that I'm trying to make on this is that our trust is already been broken with the DHR and what is to say that as it goes further that it's not going to get worse instead of better. Also, the last thing is that I just want to say is I want to keep the Weblin Farm historic and that this should not be, this should not just be about money for the person that owns the property right now. She bought it knowing what she was getting into and it was historic and that's what as she bought it that's how it should stay. Thank you. Ms. Oliver: Thank you. Did you just say that there was, it was on Zillow a month ago, what was on Zillow? Ms. Jones: One of the units was up for rental. She has four units. Ms. Oliver: Not for sale. Ms. Jones: No, she has four properties. This is supposed to be single family, is supposed to be only person supposed to be living there and her family. There are four other families living there right now. Ms. Oliver: Thank you very much. Ms. Sandloop: Mr. Patterson, Mr. Wood and then Mr. Dunton. Ms. Oliver: Welcome. Mr. Patterson: Thank you. My name is Robert Patterson. How about a 10 second break for a breather? My wife and I moved. Ms. Oliver: You have to speak closer into the mic. Mr. Patterson: My wife and I moved to Weblin Farm 331 days ago and we live right there. And Bobby, who spoke just a couple of minutes ago, he lives next door to me, it's great neighbor. I have no aversion to living across from a farm. I was raised in Kentucky. My dad was raised in Arkansas and my grandfather was a farmer. I was naive enough to not even ask what would happen to that farm; I just assumed it was going to be there, but if you live in a nice neighborhood, which I assume all of you live a nice neighborhoods, think about the fact that you might have an apartment complex built 200 feet from the corner of your house and I asked you to vote on your conscience. Thank you. Ms. Oliver: Thank you. Ms. Sandloop: Mr. Wood, Mr. Dunton, and then Barbara Mytych. Ms. Oliver: Welcome. Mr. Wood: Hi, my name is Thomas Wood and I abandon my speech, because I didn't see anybody writing down questions. I haven't noticed a lot of interest in some of the things we've been saying. So, I'm going to mention some things that I think should be asked, alright. So right now, what should be asked is what's been going on inside the house? What's been done since the place was purchased in 1997? What's the track record of the owner? What do we know is going to go forward based on what we've seen behind, somebody brought up the co-ops, where in Virginia Beach, is there another co-op quiz? Think it's Atlantic Shores, anybody have an in law or a parent or somebody that's lived in Atlantic shores, it's been a co-op, the heirs have a terrible time getting rid of. I'm a former mortgage guy, zero financing, unless it's from possibly a private investor. It might be is a way to like in the old days with the coal mine, it might be a way to get the company and employees to live there for some kind of qui pro quo although I don't know. Why doesn't the city enforce current laws? And if you're not going to do that, what's the likelihood that this neighborhood can trust you're going to go forward and enforce things? What happens to the silo? If it falls down, who pays for that? My mom lived in a place in South Carolina and the whole concrete structure outside fall; she got an assessment for $35,000. Is that the kind of thing that's going to happen to the leaseholders, who's going to pay for that? And I don't think the answer is going to be the people that live in it. I think it's going to be the corporation and by the way, why is it changed from being an owner, sole ownership to a corporation? Is that some dodge to get from one thing to the other? How about age restrictions, children restrictions? I'm pretty sure some of this stuff doesn't go into your work. I watched this morning eyeballs rolled when Mr. Redmond, you know, I'm pretty sure Mr. Redmond against this, pretty plain to me, he's told us in person and you mentioned this morning that we don't have a leg to stand on that so many words, but I don't think you're asking the right questions, really don't. Thanks. Ms. Oliver: Thank you. Ms. Sandloop: Fletcher Dunton, Barbara Mytych and then William Filbert. Mr. Dunton: Hi, there. Ms. Oliver: Hello. Mr. Dunton: My name is Fletcher Dunton and I've been a resident of Weblin Farm for a little over two years and I live right there. And we purchased a home in Cypress Point North because it's a community with the single, a lot of single family homes and quiet neighborhood. Before I purchased, I took into consideration and understood that historic Weblin Farm property would remain that way, the single- family residence because of the historic preservation easement. So, I oppose the rezoning request for multifamily use for some of the following reasons. I agree with everything that people have stated. So, I won't go back over that. I have a concern that this rezoning will diminish our single-family property values, and doing the research, this has been a general trend nationwide, when multifamily complexes are built close to existing single-family homes and our homes are one of our most valuable assets, we've worked hard to achieve the asset and we need to make sure they stay that way and hopefully appreciate. We've all been through the housing crisis and the housing bubble and as developers, I'm sure you can attest to some of that, hopefully not too much. So, with the current plan, the way it is, there's too much uncertainty and risk with this rezoning and proposed plan that can negatively affect our property values and if you look at the number of homes around the property, there's between 20 and 30 and if the average value was $400,000 that would be between 12 to $20 million in property value, and that's taxable to VB.gov. So, if that goes down, we as a city lose taxes. So that's important too, also have another reason the proposed plan shows there will be a 400% increase in traffic on the immediate roads in the Cypress point North leading into the historic property. And my concern with this is that with the increased traffic, there will be an increased likelihood of safety issues, both for pedestrians and our residence's vehicles, 400%. Statistics like that are intended to provide information for decision makers like you guys to keep the public safe. Case in point has spent many years but I have a niece that were struck by car and tragically killed in a residential area of Virginia Beach, much like this, 400% is quite an increase in traffic. So as public servants, you have our public trust and with this, I asked you to keep this these lofty and weighty decisions in the forefront of your mind and with these three points in mind, I respectfully request that you vote to keep Cypress Point North, a single family community as it has been for over 20 years and thank you for your time. Ms. Oliver: Thank you. Ms. Sandloop: Barbara Mytych, William Filbert and then Patty Dunton. Ms. Oliver: Welcome. Ms. Mytych:Hi, my name is Barb Mytych, and I stand in opposition to this planning proposal. This building project would result in a significant increase of traffic in our neighborhood, especially on our street. We already have enough vehicles speeding and cutting through our neighborhood. In 1998, my husband and I bought our home on Weblin Farm Road because it is tucked away from the main roads in Cypress Point North. With the proposed 48 space parking lot and a single entrance and exit on the property in addition to the increased traffic, we have a concern about the emergency access in terms of fire and rescue, both to Weblin Farm Road residents and to the proposed development. Also, my husband and I are concerned about the decrease property value. Since the dwelling units are currently proposed, they are not of comparable standards or value. And finally, because of the increased traffic, this would bring into our neighborhood; we are also concerned with the potential of increased crime. And for all of these reasons, this would negatively impact the quality of life for the Cypress Point North residents. Thank you. Ms. Oliver: Thank you. Ms. Sandloop: William Filbert, Patty Dunton, and Claro Barcoma. Mr. Filbert: Good afternoon. My name is Bill Filbert. Madam Chair, Commissioners thanks for letting me speak today. My friends from Cypress point North lovingly referred to a place where I live as Cypress Point main. I'm on the upper right hand corner of the map here, Club Head Road is a part of Cypress point and we're obviously boring right up adjacent up to the proposed rezoning. I opposed the rezoning. My friends here have been very eloquent about their reasons. So, I won't reiterate those, I'll try to be brief. Parking, traffic and noise all that will have an impact on those houses here in Club Head Road and for that matter, some of the other houses further along, we have several embedded multifamily communities in Cypress Point and to be quite frankly some areas that hasn't always worked out so well. So that's our point that also mentioned that I'm here as a private citizen resident, but I am the president of the Cypress Point Civic Association and I'm also the neighborhood watch coordinator. So, I've had some more than passing experiences with some of this stuff. Thank you very much. Ms. Oliver: Question. Can you show us where your house is? I am sorry, actually there's a pointer right there. Mr. Filbert: I am up here. Ms. Oliver: Okay. Mr. Filbert: These houses here in Club Head Road. Ms. Oliver: Okay. Thank you. Mr. Filbert: Thank you very much. Ms. Sandloop: Patty Dunton, and then Clara Barcoma. Ms. Dunton: My name is Patty Dunton, and I live on Weblin Farm Road. I would like to share my opposition to the proposed rezoning on 5588 Moores Pond Road. We chose our neighborhood specifically because it was a quiet, safe, single family home community to raise our family. We were assured that the historic Weblin property would remain single family property as it was protected by a recorded preservation easement. Zoning exists for the good of the entire community. It does not benefit the existing community to rezone this property that sits in the middle of the very established single- family home Cypress Point North neighborhood and to allow planned development with 15 separate dwelling units. This will only benefit the applicant who does not live on the property. Another great concern is the planned development will be a co-op. If this was a good way to structure planned developments, wouldn't you see this more commonly used throughout Virginia Beach? Existing homeowners cannot be sure what would be allowed on the property as they will write their own bylaws. What is allowed with the 15 dwelling units, who will be the voting members that decide what is allowed on the property? I have asked but not received for a copy of the bylaws. I've asked but not received for who are potential buyers for this co-op development. Lastly, a planned development in this location will increase traffic on Moores Pond Road almost four times by the city's estimate. It's a narrow road with no sidewalks. There's no other access in or out of our homes, but through Moores Pond Road. So please vote to maintain this property's land use as a single-family home community as it has been for 20 years and I also would like that everyone here today that is an opposition to this rezoning request please stand. Thank you for your time. Ms. Oliver: Thank you. Ms. Sandloop: And our final speaker, Claro Barcoma. Mr. Barcoma: Good afternoon planning commission members, thank you for your service. My name is Claro Barcoma and my house is the third house from the yellow border. My wife is here with me and you have heard all the arguments that my members, my neighborhood have, you know, have said about opposing the you know the development in our neighborhood. When we move in this neighborhood back in 1997, when you go drive in towards that road, the Weblin Farm Road, you can see all the flowers, these days you cannot see any more flowers, but weeds, so you have heard our plight and it's all up to the Planning Commission on how you will handle this case and present it to the city council. Again, you know, it's all up to you and thank you for your service. Ms. Oliver: Thank you. Mr. Sarcoma: Thank you. Ms. Oliver: No more speakers. Ms. Sandloop: No ma'am. Ms. Oliver: Okay, so we'll close this public hearing and open it up to discussion among commissioners. Oh, I'm sorry. You want to come back in and you have the time for rebuttal. Ms. Sandloop: Looks like we have one additional speaker. Ms. Oliver: We do have one additional speaker? Ms. Sandloop: Yes, okay. Ms. Deemer: Thank you. My name is Deborah Deemer. I live on Meadowside Drive right where. Ms. Oliver: There's a pointer right there. Ms. Deemer: I'm sorry, yeah. Right here, and you have to drive. This is the road in there, very small road on the second house from that street to get in and the traffic there like is bad because people cut through and to add more to get into Weblin Farms is going to be a lot more congestion there, but another reason we have bought our house in 96 and that property then came for sale after that. It has not been maintained in the historical manner in which Ms. Peterson has proclaimed that she's doing, it's a mess over there. The rules have not been followed. She has people living there that shouldn't be living there. Construction has been done improperly and under the wire. Her and her daughter lived there for a short time. They had Halloween parties. So, when we trick or treated with our young children, you know, we saw the things that they are doing and there's no permits, and some of the things have not been doing properly. She also is a property owner in Norfolk that has not had very good success. I think the term they cause a slumlord, I don't want to have our properties to be addressed in that way back in that area, we have a nice neighborhood and we would like rules to be followed and this to be investigated and she should maintain the property as a historical piece of property instead of trying to get others in there that are not going to keep up the property. Thank you. Ms. Oliver: Thank you. Ms. Oliver: Hi, how are you? Mr. Ruloff: Yeah, I would like to just to make a few clarifications. It appears as though the foundation for opposing is just based on what many say that the easement states that the dwellings must be, cannot be single family dwellings. The word single-family dwelling is not found in the easement anywhere, I have in front of me. What I have in front of me is easement and I'll read what it says. They are correct when they say the property cannot be subdivided or divided and the remaining words that were not mentioned to you today were other than a single track. So, the easement says it must remain as a single track. Now there were references or inferences made that the structures have to be residential. Well, the exact words are no building or structure shall be, we're trying to restore those buildings, renovated in any way except in keeping with historic character of the easement property. So what the easement says it has to be a single track, which we're following that's why we use a co-op regime, which has been approved by the Attorney General of Virginia. We will speak to that in a few seconds and we're making an effort, which is being controlled by the historic preservation group to keep it within historical character. Now, there's been also comments, somewhat condescending comments about owners of co-ops, the most exclusive units in United States are co-ops. Park Avenue in New York City is a co-op. The reason co-ops are created and the difference when it co-op and a condominium is control. In New York City for example, Nixon, Madonna were voted out, they couldn't get a lease, but John Lennon was given a lease and there also was a reverence about co-ops in Virginia Beach. One of the best co-op communities in Virginia Beach enable seniors to have assisted living is Atlantic Shores is very prominent, well done. Virginia House in Virginia Beach with regard to values, which is next to the ocean, is a two-bedroom co-op. The Virginia House at the oceanfront many times is more expensive than the oceans condo. Why? Control to the co-op ownership here will enable these people to maintain upkeep and preserve the historical nature of this. But single-family dwelling is not in this document at all. There are references to it and letters from the State of Virginia, which Paige Pollard addressed, but since then, the attorney general has a proof of concept. The only way for this project to work, it's enabled group of people to maintain it, not let it fall down. They complain about some mess. Well our effort here is to undo that mess and that takes money. So, we're getting a group of people to put together as co-op regime so they can maintain it and live there with pride, the values, the wrong values and what they say with regard to law and values of property. That's not true. That's my two cents. Ms. Oliver: Ma'am, you really can't do that. Please. Thank you. Ms. Pollard: I just wanted to address the easement co-op. Ms. Oliver: Okay. Do we have any, any questions for the attorney who just spoke? Okay, I'm sorry. Ms. Pollard: Sure. My firm was brought in to assist in building treatment plan for this easement held property several years ago after the 2015 letter that the neighbors referred to, was issued by the Department of Historic Resources and so before starting on the project, we met with the Department of Historic Resources to determine what exactly the parameters would be within easement construct that might enable this project to go forward. And their primary concern was to make sure that that relationship at one on one between a single property owner and the state agency that is the steward of the easement was maintained and intact, and that they didn't find themselves in a position where there were multiple property owners. Therefore, the legal advice was that perhaps a co-op arrangement would be appropriate, and we asked that question of the Department of Historic Sources, who in turn asked the question of the Attorney General's office. The Attorney General's office found that that is a single entity, single owner, that does maintain the construct of the easement. So that's why that particular ownership arrangement was selected. Also, we work on easement properties all the time, whether it's maintenance upgrades, major renovations, or new construction in my firm, and there's a very systematic approach. The Department of Historic Resources is responsible for ensuring the integrity of the easement document, as well as the integrity of the historic resource. They view that as a one on one relationship between the property owner and their agency. I am aware that there are several neighbors, or at least one neighbor who's got a standing request with the Department of Historic Resources. So, they are getting that information, but I think the most important thing to understand is the Department of Historic Resources takes their role and stewardship of the easement seriously, as do we. And that is their role and those are the parties in the easement. This is about a land use question here. So, if you have any questions, I'm happy to answer them. Ms. Oliver: Yes Don. Mr. Horsley:I have a question. You say they take it seriously, what does that actually mean? I mean, do they? Do they ever inspect the property or what do they do? Ms. Pollard:They do, so their role is to inspect and ensure compliance with the easement document and to ensure appropriate level of maintenance so that the historic material on the property is not degraded, they do not take a property maintenance type role, the way that the city might have property maintenance staff who were dealing with if there's trash, or if there's overgrown grass. As an example, on another easement property, where we helped a property owner, we noted that there was too much painting too close to the foundation. That was something that the Department of Historic Resources noted because it was of consequence to the integrity of the foundation. So, their role is very strictly defined, based on what the terms of the easement are and stewardship of those historic resources. That's their purview. Mr. Horsley:So, they won't come in and inspect the property and say, you gotta clean this place up and? Ms. Pollard: No, no, that is not their role. It legally they don't have standing to do that. Ms. Oliver: Yes. Mr. Ripley. Mr. Ripley: So, the design that we've been looking at the layout of the site plan, the elevations, does that, in your opinion, preserve the architectural integrity of the time period of this property? Ms. Pollard:The evaluation had to do with. Mr. Ripley: Does it enhance it too? Ms. Pollard:Yes, it had do with this setting. The space around the primary house was protected and preserved. The general arrangement of where buildings were developed on site and then also the scale and massing and form of those buildings reflect an agricultural character and those were requirements that the Department of Historic Resources have consistently imposed even to the extent that Clay recently. Prior to submitting to you all, he had tweaked the design a little bit and we sent it back through the Department of Historic Resources and they were unhappy with the trim detailing. So we went back through and made revisions to more closely reflect an agricultural outbuilding in the way that the trim around the windows was designed. So again, their purview and their review and their focus is very much about the historic buildings, and the context and the character of this new construction and its relationship to the historic property. Ms. Oliver: So, I have a question. All that being said, the existing building, they want historic buildings, because I'm assuming that the duplex in the garage apartment are not considered historic. Ms. Pollard: Correct. The garage apartment is modern. The duplex cottage is 1930s vintage, if I recall correctly, but it had been worked over pretty dramatically before the easement was recorded. The three silos are considered historic and the milk barn is considered historic. Ms. Oliver: Right. Ms. Pollard:And then the main house. Ms. Oliver: So, my question. So, when you all speak about restoring and maintaining, what's to prevent all this being done and it not look exactly the way it does right now? When I say look in that regard or the appearance of it, the condition of the property surrounding the buildings, it's overgrown. I'm assuming you've seen it? Ms. Pollard: I have spent a fair amount of time on site. I would say that the concerns about the tall grass that I've heard, for example, are more of a municipal property maintenance issue. They are not something that the easement enables the Department of Historic Resource to police because it doesn't have an impact on the historic buildings. If there's vegetation that's too close, undermining the foundation of the historic building, certainly they can. Ms. Oliver: So, you are only concerned about the integrity of the structure, and what how that's impacted? So just the general unkemptness of the property is not a concern? Ms. Pollard: It's not something that DHR is empowered to enforce under the easement. Ms. Oliver: So, I think that what I hear the neighbors saying, one of their concerns is the fact that it's very difficult to move forward on a new project with the promise for the last 20 years of the grounds being kept. As their personal property is being kept and it's not really reflections specifically on the historic reconstruction of the buildings as much as it is the way the properties being kept? Ms. Pollard:And I think that's why I was trying to draw a distinction between with the easement and whose role that easement, whose purview that is and what that entails and then the master plan concept and the site work and the new construction. There's certainly an overlap there, because there's new construction. And there's proposed new parking and other site improvements. So, there's certainly an overlap, but as someone who works with easement properties all the time It gets very tricky when the line over who's responsible for the easement and what the easement means gets blurred and so I was just trying to be clear with you all about that. Ms. Oliver: No, it's good. I think that helps. Yes Mr. Redmond? Mr. Redmond: Okay. So, I' have,a question. I don't remember who exactly passes out this because we're still, I'm still hung up on easement. This is from 2015, was this an earlier iteration of work that you're doing? Explain the timeline here for me, because I have something from 2018 in this packet from the Department of Historic Resources, it says approved. Ms. Pollard: So that 2015 letter, I think is, I believe is the impetus for why my firm was called. So, our work post dates that 2015 letter. In that letter and in prior submissions, the proposal contemplated subdividing the parcel. Mr. Redmond: Okay. Ms. Pollard:And, as with all of our professional lives, there's language and there's, details of how you approach things that are meaningful for regulatory body and the current property owner was struggling with the responses that they were getting about this subdivision and is there any path forward? So, we were then retained to try and figure out what is the status of the easement. What are the restrictions of the easement? How can we help work with DHR potentially or not? And so, I've read all of those letters, but I wasn't involved in those discussions directly. But what I can tell you is the drawings that were attached violated the easement because they showed land subdivision which would have put the Department of Historic Resources in a position where they were dealing with more than one single property owner and that was their concern. They didn't want to have six owners of the property that they suddenly all had to manage. Mr. Redmond: Okay, thank you. I'm sorry, I do have one last. Ms. Oliver: Go, go right ahead. Mr. Redmond: I realized it's five. Ms. Oliver: It's okay. We're not going anywhere. Mr. Redmond: Have you had any dialogue with some of these neighborhood folks in the course of your work because they're pretty exercised? Mr. Dills: Yeah, we had a community meeting I know that I attended, and we presented it and met with many of the people here, and no one was held before that and so I know of two, there may have been three. Mr. Redmond: Right. Ms. Oliver: Okay, I'm sorry. I'm sorry. We can't engage in that form. I understand. Mr. Dills: My understanding was two, I thought there may have been one prior to that as well. Ms. Oliver: Okay. Okay. I'm sorry. Thank you. Any other questions? Okay. Thank you very much. We are closing this hearing for discussion amongst the commissioners and it is open for discussion. Yes, Mr. Redmond? Mr. Redmond: So, I think I have a hand on the easement question if Mr. Inman wants to come and rescue me at any time. I'd be welcome to see that, you know, circular float come flying in, but as I understand it, what they're proposing is based on the easement. I think that what a lot of folks are exercised about are iterations of this plan that didn't comply with the easement. In any event, to the easement question, which I think that gentleman made a good point seems to be the foundation of a lot of this disagreement and others. To me, that seems resolved. We have a letter from the state. The state is the one who administers this easement, not me. It's not her. It's the state that administers this easement and they sent us a letter that says, approved. That's what I read. I see head shaking, but that's what I read. So, 2015 to me is not relevant. What is relevant to me is the plan that's before us, they came forward with a plan for subdivision and all sorts of other things, and it doesn't work. It's not legal under this easement. The state's the ones, so I've kind of push that aside. I don't know why anyone would not want to improve this ridiculous eyesore of a property, or how anybody can believe that in its current state, it does not now today degrade property values. I have been there three times now. The buildings are falling down that which is replaced or modern buildings, not historic ones and they're falling down. So, the idea that somehow riffraff is suddenly going to be living there, I can't imagine the king and queen are there today. Traffic, it's a minuscule development, miniscule. Under this plan, it would be a lesser density than all of the neighborhoods that surrounded and there are a couple of thousand homes. So, I can't find, I've asked folks who are opposed to it, tell me what's wrong with it? Tell me what's wrong with it because I can't find what's wrong with it? Other than fact a lot of people who don't like it, and I get that part and have visited with some and I appreciate that part, but this is a property that cries out for investment and the scheme that they've defined is where you get that investment and being rude doesn't help. So, I think you have to have money to be able to spruce something like this up because it just doesn't nobody's going to come and give it to. So, I'm still looking for... Ms. Oliver: Please. Thank you, go ahead. Mr. Redmond: It does not help to be rude. Okay. So, what I'm still looking for is a real credible reason why from a land use perspective and from an improvement perspective, this doesn't work. I do understand the objection, which I've discussed with these folks in a private setting that there is kind of a multi-family element involved here. How do you drop that in the middle of a single-family home neighborhood, is that compatible? Or is it incompatible? But it's so tiny in this context, I thought about this all weekend, but I can't figure out how that makes any difference whatsoever in my own mind. So, I am, I have struggled with this for quite some time, I'm still looking for that reason why this is not a good thing, let alone a bad thing and not an improvement. I just haven't heard it yet, haven't heard it yet. So, thank you very much. Unknown Speaker: Shall I speak? Ms. Oliver: No sir. I'm sorry. Unfortunately, you might not. I do have a question and I'm not sure who answers this question, when and it might be the attorney or the original applicant, because when we saw this prior, what was it in February? When we saw this back in February? There was is this not the same applicant or now we have? Are we just talking? Okay, so it was pulled. So my question is, we restore the buildings, we restore the buildings, we bring them up, we clean the property up, who is maintaining this after this is all said and done? Who is the person on this piece of property that is making sure that the people who have gone into the co-op and who's maintaining the property? Mr. Ripley: It's like a condominium regime. Ms. Oliver: Right. Ms. Wilson: It's a co-op. It will be a co-op board,just like there's a condo board, but they will be the people, those people will actually be the owners that own, that have each dwelling, they are on the board. Ms. Oliver: So, I guess my question is the applicant will not be, she will not. Ms. Wilson: She will simply be, I'll look at the attorney, and she will simply be another one of the shareholders. So, she'll just be a shareholder just like somebody who buys in the three plex? Mr. Graham: What percentage of ownership will she maintain? Ms. Wilson: I don't know, are we doing even ownership for everyone? Yes, they're doing even ownership for everyone so she will have a 15th or whatever it is. Mr. Graham: Will co-op be capitalized enough to be able to maintain the property into perpetuity? Ms. Wilson: That will be their responsibility. If they don't then somebody from the state will come down and make enforce the easement. Ms. Oliver: And the tenants that are on the property now are they in the co-op? What happens with the duplex in the garage apartment those people? Ms. Wilson: Apparently no, they are not on because they are renters at this time. Ms. Oliver: And who are they renting to, who receives that money? Mr. Ripley: Let's have the attorney come back? Ms. Oliver: Okay. Do you mind coming up? I just didn't know who I'm supposed to address? Come on up you, you can come up to the mic please. No, ma'am. Thank you. Mr. Ruloff: The co-op hasn't been formed yet, will form it once we get approval, they submit to the State of Virginia, either approved and they also have their regulations to make sure it's done right to protect the consumer, but to give statements, budgets in order for this to work, so it's gonna be very detailed. With regard to enforcement, the board will enforce it to protect own property values. That's how all co-ops and condominiums will run with associations. Ms. Oliver: I understand that part, but the existing tenants on this property? Mr. Ruloff: They are not in a co-op, because they don't exist. Ms. Oliver: So, who would they answer to? Mr. Ruloff: The landlord at the moment. Ms. Oliver: At the moment, I'm going forward. So I'm just trying to figure out where? Mr. Ruloff: They don't have 10, 5 year leases, the lease will run this term. The lease will be terminated. Those units will be retrofitted if necessary to meet the standard, then that we offered for sale. Ms. Oliver: They will be offered for sale? Mr. Ruloff: The units, the lease as hold, you know. Ms. Oliver: That duplex and the garage apartment. Okay. Mr. Inman: Will those units be upgraded? Will they be renovated? Mr. Ruloff: All units to be upgraded to the standard that's the intention, all units, and the standard required. I'm not the architect, he can answer that specifically, but every inch of this property is going to be addressed to bring it up to a standard to meet the market. So, we get a good caliber of owners in the units. A lot of money, a lot of time invested to make it work. The alternative is let it fall down. That's not good for anybody, no one wins. So, this is not my time, the architect's time. Mr. Arnhold's time, it's been a couple of years, we've been trying to make this project work. This is the alternative, which will never fail. I don't think it's good for the city or anyone, or even good for the neighbors to drive. They say it's a mess. Well, we want to have the opportunity to undo that mess to create value. And I'm sure will tell you the caliber neighbors will be good. Ms. Rucinski: I have a question. So, what happens if there's not enough interest for people to want to buy into the co-op? Mr. Ruloff: The way that works like any other project, the developer retains the interest, okay until each has sold, it's my understanding. I don't want to commit to this. There's only one person who signed the contract about what, I think that is from the neighborhood. We have two contracts from the neighborhood. So not everyone in neighbourhood opposed this looks like. Mr. Graham: I have a question. It's really for planning staff, so when the applicant moves forward, they'll have to go through site plan approval process, correct? Mr. Sanders: Yes sir. Mr. Graham: Okay and through that process, they're gonna have to get a building permit. They're going to submit building plans. The other structures on the property, some of the violations we've talked about, those are going to have to at that point. I can't talk about for perpetuity here, but at that point, those are going to have to be addressed, correct. I mean, these site plan approval? Mr. Sanders: Yes correct and the applicant has agreed if there are any deficiencies with the existing structures, they would bring that up to life safety codes and that's noted in your report. Mr. Graham: Right. So landscaping is going to have to be cleaned up the mulch, that's all over probably an acre or two of land. Mr. Tajan: They would have to be maintained in accordance with this plan and my opinion, we would have proffers that would be on this property that we could enforce using zoning, using zoning enforcement and not relying only on the property maintenance. Mr. Graham: Which would strengthen the city's ability to make sure that property is maintained? Mr. Tajan: I believe so as Ms. Wilson tell me otherwise, but I believe we have an opportunity to have further inspections on the property with the conditional rezoning on it, to allow us to inspect and get onto the property. So, we're not bounded by the additional requirements of property maintenance, which is visibility from the street and right- of-away and other things that are not required that allow them not to inspect the property. Mr. Ruloff: Okay and the proffers deal with the landscaping and Kay Wilson, we submitted four rounds of proffers, each time getting more strict, more clear, more demanding. So this property will have I think some of the most stringent requirements, because you know the city's requirements and the DHR requirements. So have two sets of eyes looking at this, that's more stringent than most other communities. Ms. Oliver: Yes. Mr. Ripley: You know, Dave, I kind of listen to what Dave says, I mean, I think, where you are going to find, you need to find a source to upgrade this and, I think we've heard testimony that the architecture that's being proposed is going to preserve and respect the architecture of the time and the plan itself to me looks like a good plan. I hear the neighbors and their concerns with the experience they've had with the property owner and the condition of the property. I hear that loud and clear, you can see it without a doubt. I like the idea that I know Jim Arnhold gets involved with it will be done right. Hopefully that works, it didn't sound like he has an agreement at the moment. I know if Jim are involved in it, he's going to make sure the details are right and hearing the plan that concerned for just like trim on the heaves, etc. I developed some property in Williamsburg years ago, and they had an architectural review board, and they were looking at details the top of the chimneys. When you get into those kind of details, you end up with a pretty good product and that's what it sounds like it's going on here, the weak link, and it is maybe the where with all the owner. We're talking about land use here, it's kind of hard to make that judgment and I have no even though right to say that, but I will just say that, that appears to be sort of a weak link, if you will. Hopefully, this plan moving forward with the right people involved. I think, could be a pretty, pretty really nice plan. You know, we heard testimony that because I had received calls about traffic, but you know that doesn't appear the traffic is an issue really. Schools, it's not an issue. You know, I think land use and value, boy, when you hear that you really gotta pay attention, does it affect the value of their properties, and I look at the town houses that are up on Westland, and they adjacent to this neighborhood and wrap around it to some extent and I don't think there's a valued reduction as a result of that. Those types of mixtures, if you will, so preserving this open space is really kind of unique for the city, I'm inclined to support it. Ms. Oliver: Yes, Don. Mr. Horsley:You know, dealing with these old historic properties, we've got one at home, that it's not registered with the state or anything, but it's an Old Providence racing with the city. And dealing with these old properties is a problem keeping them up. People would like to see them, in good shape and it's, it's been a very trying situation for us to not just put a bulldozer an tear it down to be honest. If I met my wife, it may have happened years ago, but and we do the best we can to keep it up. I can understand this, this property getting in shape it is not with some of the buildings and also in order to preserve some of this property. You've got to have a way to generate some revenue to do that. And, everybody doesn't have a big pot of money that they can put into to preserve in things like this. If it continues to stay in, it stays in. I've cleaned up some farms that have been old buildings and old silos on them and they'll eventually fall down. Then you've got a mass and ends up these, you put a loader in and clean this stuff up buried or something like that. All it all and that's not a very pretty sight either. So, if you get an opportunity to like we have here to upgrade a property that does have historic significance and, I think it will help keep the property values in a neighborhood. I mean, if it continues to go down, you're going to have a big ask in your neighborhood forever and if we can, can get it restored to a certain extent and with the direction. This thing has got to go through a lot of approvals. Today is the first one, and it's got to go to Council and then it's got to go back to Richmond and I don't know who else has got to approve it. But before it happens, I got a feeling that this is a start and we've got an approval stamp from the first approval, so that it could come through us. I think that, all said and done, I mean, I know we got a lot of neighbors in opposition to this thing, but I think deep down and we've listened to what you say, I wasn't a big note taker in college. I listen to what people say and we put up here to pass judgment on what we think and we think. I think it's in the best interest land use and that's what our decisions are based on, land use. I think it's in the best interest of everybody if this project goes forward to the next step and see what happens at that stage. So, I'm going to support the application and those reasons. Ms. Oliver: Any one else? Yes. Jack. Mr. Wall: I think it's an interesting concept. You know, applaud their efforts, but I think, adding multi-family into the heart of a single family neighborhood, really isn't the best idea. So, I'm not gonna support it. Ms. Oliver: Yes Dave. Mr. Weiner: This is worse than 7-Eleven. I mean, I've been thinking about this. I've listened to everybody. I don't take good notes either. I don't think to write, but I've listened, sit up here and listen, and they read and brought it up. I don't see how it's not affecting the value of your homes now. What's there now, it's affecting the value of your homes now. To have some money to actually want to come in and fix it up is my opinion, I think it's outstanding, so I'm going to support it. Ms. Oliver: Yes, Mr. Redmond. Mr. Redmond: I would move approval of the application. Ms. Oliver: Go second. Mr. Weiner: Second. Ms. Oliver: Yes, Mr. Inman. Mr. Inman: I will not be able to vote. I have a business relationship with the applicant in a situation. I'm not involved in this matter. I knew nothing about it till today, but I have other businesses. So, I must abstain. Ms. Oliver: Thank you. Mr. Graham: I have a business relationship with Mr. Arnhold, that's unrelated. I have no financial gain. I will be voting. Ms. Oliver: Right, anyone else? Thank you. Mr. Fisher: Vote is open. Ms. Sandloop: By the recorded vote of 8-2 with Commissioner Inman abstaining. Agenda Item D1 has been approved. AYE 8 NAY 2 ABS 1 ABSENT 0 ALCARAZ AYE BARNES AYE GRAHAM AYE HORSLEY AYE INMAN ABS OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI NAY WALL NAY WEINER AYE PROFFERS Proffer 1: When developed, the Property shall be a residential cooperative containing no more than 15 units and shall be in substantial conformance with the Master Plan entitled "New Master Plan", dated 10-26-2018, which has been exhibited to the City Council and is on file in the Department of Planning and Community Development (hereinafter "New Master Plan"). Proffer 2: Landscape: Plants shall include trees and shrubs in appropriate locations and species based on the historic nature of this site and as shown on the exhibit entitled "New Master Plan", dated October 26, 2018, prepared by Dills Architects. The existing landscape and Plants shall remain as-is with additional Plants at the new structures as shown on the exhibit entitled " New Master Plan," dated October 26, 2018, prepared by Dills Architects. A Landscape Plan shall be submitted during final site plan review. Such Landscape Plan shall be reviewed by the Planning Director for compliance with the proffer and other applicable City regulations. Proffer 3: Parking: Proposed new parking area will be stone gravel with stone block edging and wheel stops except for the accessible spaces, which shall be in compliance with ADA requirements. A subs system similar to "gravel pave" will be used. Proffer 4: Sign: A new sign will be added for the entrance of the new dwelling unit's area from the existing parking area. The new sign will not be visible from the ROW, and shall be in compliance with the Zoning Ordinance. Proffer 5: Waste removal: Each individual dwelling unit will have a trash and recycle can. These cans will be picked up weekly by a private waste removal company. Proffer 6: Low wood fencing (48") with a low planted screen will be at the rear sides of the new dwelling units (6), as shown on the exhibit entitled The "New Master Plan", dated October 26, 2018, prepared by Dills Architects. Fence design will be compatible with the historic nature of the site and requirements of the easement. Proffer 7: Open Space: Open community space provided will be in excess of 15% of the total acreage of the site. The use of the open space areas will be limited to passive recreation and gardening, and will be controlled and maintained by the Cooperative Association. No commercial harvesting of crops shall be permitted. Proffer 8: Units: The maximum number of dwelling units shall be a total of 15 units in a combination of single-family attached and detached cooperative units. Proffer 9: Renovated Structures: The renovated structures shall be constructed as depicted on the submitted elevations of the proposed buildings and milk barn as shown on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects, which have been exhibited to the City Council and are on file with the Department of Planning and Community Development. Proffer 10: Building Materials: The exterior building materials and the color schemes shall be as noted and depicted on the exhibits entitled "New Master Plan" dated October 26, 2018, prepared by Dills Architects. Proffer 11: Cooperative Association: Membership in the Cooperative Association is mandatory. J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** 2019 CITY COUNCIL MEETINGS Tuesday, June 11 Workshop Tuesday, June 18 Formal Session Tuesday, June 25 Workshop Tuesday, July 2 Formal Session Tuesday, July 9 Formal Session Wednesday, July 10 Governance Special Session CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/21/2019 PAGE: 1 AGENDA B ITEM# SUBJECT MOTION VOTE E R A L B U E J R T I 0 B C DNOMOOL W0 O C Y L WINS O T THEEES S E O O E T I R Y S S ERNDN CITY COUNCIL'S BREIFING A. SOUTHEASTERN PUBLIC SERVICE Liesl DeVary, AUTHORITY Executive Director CITY MANAGER'S BREIFINGS A. HAMPTON ROADS ECONOMIC Steve Herbert, DEVELOPMENT ALLIANCE(HREDA) Interim President REVISED MASTER AGREEMENT and CEO C.Grigsby Scifres, Executive Committee Chair— Board of Directors David L.Hansen, City Manager B. THE LAKES,PRINCESS ANNE PLAZA Toni Alger, AND WINDSOR WOODS COMBINED Stormwater DRAINAGE PROJECT Engineering Center Administrator RESCHEDULED TO MAY 28,2019 C. PINEY GROVE BAPTIST CHURCH Kevin Kemp,Zoning PARKING LOT LIGHTING UPDATE Administrator II/III/IV/ CERTIFICATION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI A-E F. MINUTES APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y SPECIAL FORMAL SESSION B April 30,2019 S T A N E D MINUTES APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y SPECIAL FORMAL SESSION B MAY 07,2019 S T A N E D MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL/FORMAL SESSION MAY 07,2019 MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y SPECIAL FORMAL SESSION MAY 14,2019 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/21/2019 PAGE: 2 AGENDA B ITEM# SUBJECT MOTION VOTE E R A L H W W B U E J R T I 0 B C DN 0 M 0 0 LW 0 O C Y L NOUWS O T THEEE S S E O O E T I R Y S S ER NDN H. H.1. Ordinance to DECLARE approximately DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y 11.7 acres of City Property on Bonney Road JUNE 4,2019 in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a purchase agreement for the sale of the property to Olympia Development Corporation re two(2)professional office buildings,one(1)multi-family residential building and structured parking units H.2. Ordinance to DECLARE EXCESS City WITHDRAWN 11-0 Y Y Y Y Y Y Y Y Y Y Y Property at Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to sell same to Tony D,LLC and Cynthia D,LLC H.3. Ordinance to AUTHORIZE a temporary DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachment into a portion of City right- JUNE 18,2019,BY of-way known as Sand fiddler Road CONSENT adjacent to 3540 Sandfiddler Road re four (4)existing block pillars and two(2) existing block walls H.4. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachment into a portion of City CONSENT property known as Lake Joyce and the twenty(20')foot strip around Lake Joyce at the rear of 4417 Powells Point Road re rebuild an existing bulkhead and to construct and maintain approximately 90 linear feet of vinyl bulkhead,a pier and a sixteen(16')foot return wall H.5. Ordinance to APPROPRIATE$35,000 to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y CIP#3-154 Fire Training Center Improvements IV,with realized interest income from Aid to Locality(ATL)grants re the purchase and installation of a new sign at the Virginia Beach Fire Training Center H.6. Ordinances to TRANSFER: a. $119,573 from the FY 2018-19 Police ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Department Operating Budget to CIP#3- 344"Police Fourth Precinct-Replacement" re technology equipment and installation costs b. $169,200 from the Federal Emergency ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Management Administration(FEMA)re CONSENT reimburse participating agencies of Virginia Task Force 2 for cost related to Hurricane Florence/Michael CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS - DATE:05/21/2019 PAGE: 3 " AGENDA B ITEM# SUBJECT MOTION VOTE E R A L H W W B U E J R T I 0 B CDNOMO 0 LW 0 O C Y L NOUWS 0 T T HE E E S S E O O E T I R YS S ERNDN I.1 GLASSELL S.SCOTT,Jr.for a Street APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Closure re an unimproved,unnamed alley CONSENT adjacent to the rear of a vacant parcel on Vanderbilt Avenue,approximately 375 square feet from Croatan Road (Lot 18,Block 18,Croatan Beach) DISTRICT 6—BEACH 1.2 TONY D,LLC and CITY OF WITHDRAWN 11-0 Y Y Y Y Y Y Y Y Y Y Y VIRGINIA BEACH for a Conditional Change of Zoning from AG-2 Agricultural to Conditional 0-2 Office at the northwest comer of Princess Anne Road and Winterberry Lane DISTRICT 7—PRINCESS ANNE APPLICANT REQUESTED WITHDRAWAL I.3 7-ELEVEN,INC./ZP NO 31,LLC fora APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Change of Zoning from B-1 PROFFERED/ Neighborhood Business to Conditional B-2 CONDITIONED Community Business and for a Conditional Use Permit re automobile service station at 5300 Princess Anne Road DISTRICT 2—KEMPSVILLE 1.4 PINEY GROVE BAPTIST CHURCH DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y for a Modification of Conditions re JUNE 4,2019,BY religious use at 2804 Holland Road CONSENT DISTRICT 7—PRINCESS ANNE (Deferred from January 15,2019) I.5 WASSERHUND BREWING APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y COMPANY/CONTE ACQUISITIONS, MODIFIED LLC for a Modification of Conditions re CONDITIONS craft brewery at 1805 Laskin Road,Suite 102 DISTRICT 6—BEACH I.6 PHIL KELLAM/VBK PROPERTIES, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Conditional Use Permit re CONDITIONED assembly use at 2384 Princess Anne Road (Deferred from May 7,2019) DISTRICT 7—PRINCESS ANNE I.7 K&T,INC.,DBA BALLYHOOS/ APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MARINA SHORES REPAIR CORP for CONDITIONED a Conditional Use Permit re outdoor recreation&assembly use facility at 2865 Lynnhaven Drive,Suite D3 DISTRICT 5—LYNNHAVEN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/21/2019 PAGE: 4 AGENDA B ITEM# SUBJECT MOTION VOTE E R A L H W W B U E J R T I 0 B CDN 0 M 0 0 LW 0 O C Y L NOUWS 0 T THEEE S S E O O E T I R Y S S ER NDN J. APPOINTMENTS: RESCHEDULED BYCONS EN SUS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY BOARD BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA MEDICAL SCHOOL HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. ADJOURNMENT 7:35 PM 2019 CITY COUNCIL MEETINGS Tuesday, May 28 Workshop Tuesday, June 4 Formal Session Tuesday, June 11 Workshop Tuesday, June 18 Formal Session Tuesday, June 25 Workshop