The URL can be used to link to this page

Home My WebLink About06-16-2020 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL _,..mNIA•8 MAYOR ROBERT M. "BOBBY"DYER,At Large v�,,,� cy.L�v VICE MAYOR JAMES L.WOOD,Lynnhaven-District S JESSICA P.ABBOTT,Kempsville-District 2 , MICHAEL F.BERLUCCHI,Rose Hall-District 3 �[ y BARBARA M.HENLEY,Princess Anne-District 7 u '=+ • S✓ LOU/S R.JONES,Bayside-District 4 e a'. ;,r JOHN D.MOSS,At Large '+ P � „.+ AARON R.ROUSE,At Large o. 0.. w�„u+' 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 ACTING CITY MANAGER-THOMAS M.LEAHY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALDD.AGNOR June 16,2020 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REAMSE-MAIL:CITYCOUNCIL(uvbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING 1. CITY MANAGER'S BRIEFINGS -City Council Chamber- 1:00 PM A. COVID UPDATE—RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE II Cynthia Whitbred-Spanoulis, Director—Virginia Aquarium Eva Poole, Director—Libraries Michael Kirschman, Director—Parks and Recreation B. CARES ACT Alice Kelly, Director—Finance Kevin Kielbasa, Principal Accountant—Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - City Council Chamber - 4:30 1't7 A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION . - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSIONS F. MINUTES INFORMAL and FORMAL SESSION May 19, 2020 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA 11. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT of the City's 2020 Project Applications to the Virginia Department of Transportation's (VDOT) SMART SCALE Program 2. Resolution to SUPPORT the re-organization and merger of the Greater Peninsula Workforce Board and Hampton Roads Workforce Council re create a single Local Workforce Development Area (LWDA) 3. Ordinance to ADOPT the 2020 Housing Choice Voucher Five Year Plan and Administrative Plan and to AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S. Department of Housing and Urban Development(HUD) 4. Resolution to AUTHORIZE the City to CONTINUE participation in the Department of Criminal Justice Services' (DCJS) Certified Crime Prevention Community Program 5. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Police Mutual Aid Agreement with the City and surrounding localities 6. Resolution to AMEND the Cost Allocation Agreement between the City, Chesapeake, Hampton,Newport News,Norfolk,Portsmouth and the Transportation District Commission of Hampton Roads 7. Resolution to SET aspirational goals in City contracts re participation at 13.3% for women- owned businesses and 11.9% for service-disabled veteran-owned businesses 8. Ordinance to DIRECT the City Manager to undertake a local certification of small businesses and AMEND City Code Section 2-224.1 re definition of SWaM certified small business 9. Ordinances to ADD City Code Sections: a. Section 2-224.14 re enacting a Project Goals Program to review City construction contracts over$5-Million to determine requirements for minority-business subcontracting b. Section 2-224.12 and 2-224.13 re pursue a sheltered bidding initiative wherein under certain contract sizes eligible bidders are restricted to Small,Women,and Minority (SWaM) certified small businesses c. Section 2-224.15 re enact an enhanced subcontracting program to identify all proposed solicitations where subcontracting will be required 10. Ordinance to AMEND City Code Section 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses (Requested by Sheriff Stolle) 11. Ordinance to APPOINT three(3)viewers for one-year terms beginning July 1, 2020 re view each street or alley proposed to be closed 12. Ordinances to AUTHORIZE temporary encroachments into a portion of City property known as: a. Harbor Canal located at the rear of 2309 Leeward Shore Drive re maintain an existing bulkhead and pier and construct and maintain a floating dock b. North Kings Road located adjacent to 2804 North Kings Road re maintain existing block wall c. Atlantic Boulevard located adjected to 2613 Atlantic Avenue re construct and maintain five(5) concrete slab balconies 13. Ordinances to ACCEPT and APPROPRIATE: a. $98,000 from What Works Cities to FY2019-20 Economic Development Operating Budget re early childhood language development program b. $633,145 to FY2019-20 Housing and Neighborhood Preservation Operating Budget re support on-going departmental mission and response to the COVID-19 pandemic 14. Ordinance to TRANSFER$475,000 from Tourism Investment Program(TIP) Fund Reserve to FY2019-20 Convention and Visitors Bureau Operating Budget re payment of beach ambassador expenses 15. Resolution to ADOPT the Public Works Design Standards Manual as a replacement for the Specifications and Standards Manual of the Department of Public Works 16. Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 1-1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, and 1-37 of the Stormwater Management Ordinance (Appendix D) b. Section 6.3 of the Floodplain Ordinance (Appendix K) c. Section 23-58 of the City Code d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) I. PLANNING 1. DANNY K. & PATRICIA S. MARTIN, BRYAN& ARLEEN MARTIN, and ROBERT & NATALIE FAISON for a Conditional Change of Zoning from B-2 Community Business District to Conditional R-5R Residential Resort District re demolish existing single-family dwelling and construct three-story duplex at 3705 Surry Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. SPENCE CROSSING PROPERTIES, LLC for a Conditional Change of Zoning from Conditional B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development re eliminate commercially zoned property and construct 224 residential units and Modification of Proffers at the Southwest corner of Princess Anne Road and South Independence Boulevard (Approved June 26, 2007) DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3. GOLDPETAL FARMS,LLC/WAVE CHURCH for a Conditional Use Permit re recreation and amusement facility of an outdoor nature at 2655 Seaboard Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. JEFFREY FRANKLIN/GREGORY & JEANNINE SIMON for a Conditional Use Permit re commercial kennel at 1825 Indian River Road DISTRICT 7— PRINCESS ANNE APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION: APPROVAL 5. STEFANIE GUTHRIE/JACK P. GUTHRIE,JR. for a Conditional Use Permit re residential kennel at 3541 Champlain Lane DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia Beach Sea Level Wise Adaptation Strategy and AMEND Sections 1.1,1.2,2.2. and 2.3 RECOMMENDATION: APPROVAL 7. Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 246 and 1501 of the City Zoning Ordinance(CZO) (Appendix A) and Section 6.26 of the Oceanfront Resort District Form-Based Code (Appendix 1) b. Sections 5.1-5.7, 5.10, 6.1, and 6.3 of the Subdivision Regulations (Appendix B) c. Sections 1.2, 5.1 and 5.16 of the Site Plan Ordinance(Appendix C) RECOMMENDATION: APPROVAL J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT **%k**..********************#*%k*** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** "I he Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to pmcgraw@u,vbgov.com or call 385-4303. I MAYOR ROBERT M. "BOBBY" DYER PRESIDING i. CITY MANAGER'S BRIEFINGS - City Council Chamber- 1:00 PM A. COVID UPDATE—RE-OPENING PLANS FOR FORWARD VIRGINIA—PHASE II Cynthia Whitbred-Spanoulis, Director—Virginia Aquarium Eva Poole, Director—Libraries Michael Kirschman, Director—Parks and Recreation B. CARES ACT Alice Kelly, Director—Finance Kevin Kielbasa, Principal Accountant—Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSIONS F. MINUTES INFORMAL and FORMAL SESSION May 19, 2020 I I G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT of the City's 2020 Project Applications to the Virginia Department of Transportation's (VDOT)SMART SCALE Program 2. Resolution to SUPPORT the re-organization and merger of the Greater Peninsula Workforce Board and Hampton Roads Workforce Council re create a single Local Workforce Development Area (LWDA) 3. Ordinance to ADOPT the 2020 Housing Choice Voucher Five Year Plan and Administrative Plan and to AUTHORIZE the City Manager to EXECUTE and SUBMIT the plans to the U.S. Department of Housing and Urban Development(HUD) 4. Resolution to AUTHORIZE the City to CONTINUE participation in the Department of Criminal Justice Services' (DCJS) Certified Crime Prevention Community Program 5. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Police Mutual Aid Agreement with the City and surrounding localities 6. Resolution to AMEND the Cost Allocation Agreement between the City, Chesapeake, Hampton,Newport News, Norfolk,Portsmouth and the Transportation District Commission of Hampton Roads 7. Resolution to SET aspirational goals in City contracts re participation at 13.3% for women- owned businesses and 11.9% for service-disabled veteran-owned businesses 8. Ordinance to DIRECT the City Manager to undertake a local certification of small businesses and AMEND City Code Section 2-224.1 re definition of SWaM certified small business 9. Ordinances to ADD City Code Sections: a. Section 2-224.14 re enacting a Project Goals Program to review City construction contracts over$5-Million to determine requirements for minority-business subcontracting b. Section 2-224.12 and 2-224.13 re pursue a sheltered bidding initiative wherein under certain contract sizes eligible bidders are restricted to Small, Women, and Minority (SWaM) certified small businesses c. Section 2-224.15 re enact an enhanced subcontracting program to identify all proposed solicitations where subcontracting will be required 10. Ordinance to AMEND City Code Section 1-12.2 re increase courthouse security fee imposed upon persons convicted of criminal or traffic offenses (Requested by Sheriff Stolle) 11. Ordinance to APPOINT three(3)viewers for one-year terms beginning July 1, 2020 re view each street or alley proposed to be closed 12. Ordinances to AUTHORIZE temporary encroachments into a portion of City property known as: a. Harbor Canal located at the rear of 2309 Leeward Shore Drive re maintain an existing bulkhead and pier and construct and maintain a floating dock b. North Kings Road located adjacent to 2804 North Kings Road re maintain existing block wall c. Atlantic Boulevard located adjected to 2613 Atlantic Avenue re construct and maintain five (5) concrete slab balconies 13. Ordinances to ACCEPT and APPROPRIATE: a. $98,000 from What Works Cities to FY2019-20 Economic Development Operating Budget re early childhood language development program b. $633,145 to FY2019-20 Housing and Neighborhood Preservation Operating Budget re support on-going departmental mission and response to the COVID-19 pandemic 14. Ordinance to TRANSFER$475,000 from Tourism Investment Program(TIP) Fund Reserve to FY2019-20 Convention and Visitors Bureau Operating Budget re payment of beach ambassador expenses 15. Resolution to ADOPT the Public Works Design Standards Manual as a replacement for the Specifications and Standards Manual of the Department of Public Works 16. Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 1-1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, and 1-37 of the Stormwater Management Ordinance(Appendix D) b. Section 6.3 of the Flood plain Ordinance(Appendix K) c. Section 23-58 of the City Code d. Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) fr. , yf)f CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution in Support of the City's 2020 Project Applications to the Virginia Department of Transportation's SMART SCALE Program MEETING DATE: June 16, 2020 • Background: In 2014, the Virginia General Assembly adopted a requirement that the Commonwealth Transportation Board (CTB) develop a Commonwealth-wide prioritization process to "improve the efficiency and effectiveness of the state's transportation system, transportation safety, transportation accessibility for people and freight, environmental quality, and economic development in the Commonwealth." The resulting process implemented by the CTB was a scoring system known as the SMART SCALE Program. The SMART SCALE Program evaluates submitted transportation projects based on a weighted criteria scale. While the criteria itself is the same throughout the Commonwealth, the weight assigned to each aspect differs, and is determined within each planning district. In Hampton Roads, projects are scored based on: Congestion Mitigation (45%), Safety (5%), Accessibility (15%), Environmental Quality (10%), Economic Development (5%) and Land Use Coordination (20%). The 2020 application process is the 4th round of funding under the SMART SCALE metrics. Virginia Beach has received awards through each of the first three SMART SCALE rounds. SMART SCALE funds are awarded for future years; therefore, funds awarded in Round 4 will be distributed in Fiscal Year 2026 and 2027. Based on the SMART SCALE evaluation measures, the following four transportation projects have been identified as candidate projects for SMART SCALE Round 4 funding. These four projects were presented to City Council for initial consideration at the February 18, 2020 informal session. 1 . Holland Road Phase I Improvements — This project will widen the Holland Road corridor between South Independence Boulevard and South Plaza Trail from four lanes to six lanes and implement a Superstreet concept by converting two unsignalized intersections into Restricted Crossing U-turns (RCUT). The RCUT improvements will be located at the Holland Plaza Shopping Center and Holland Road intersection and Silverleaf Drive and Holland Road intersection. The RCUT improvements will prohibit through and left turns out of the side streets, while allowing left turns in from Holland Road. This improvement is anticipated to provide a significant safety benefit by eliminating conflict points at those unsignalized intersections and improving access management. In addition, the dual left-turn lanes along the eastbound approach at the South Independence Boulevard/Holland Road intersection will be reduced to one lane and will be re-configured as a through lane. The westbound approach right-turn lane at the South Plaza Trail intersection will be converted into a shared thru and right-turn lane. These two signalized intersections will remain signalized with minor improvements to signal infrastructure. This improvement will also provide more seamless and uninterrupted flow of traffic along the corridor. Pedestrian facility improvements and relocation of utility poles will also be included. The total project cost is approximately $22.4 million. The City will request $15.7 million in SMART SCALE funds and, if approved, would be required to commit $6.7 million (30%) of local funds in Fiscal Year 2026 and/or 2027. 2. South Independence Boulevard and Edwin Drive Intersection — This project includes improvements to the South Independence Boulevard/Edwin Drive intersection, including median U-turns for northbound and southbound left turns along South Independence Boulevard, with two new two-phase signals located north and south of the main intersection. Northbound and southbound movements at the main intersection will be restricted and required to U-turn at the two new two-phase signals. These improvements will improve safety and traffic flow through the intersection. In addition, improvements along the Edwin Drive approaches include widening the eastbound approach to one left-turn lane, one thru, and one right-turn lane; and the lane configuration for the westbound approach will include two left-turn lanes, one thru lane, and one right-turn lane. The project will also include, as pedestrian facility improvements, 10 foot-wide shared-use paths, 5 foot-wide sidewalks, and pedestrian signals. This project is a component of the overall I-264/South Independence Boulevard interchange improvements project. The total project cost is approximately $13 million. The City will request $9.1 million in SMART SCALE funds and, if approved, would be required to commit $3.9 million (30%) of local funds in Fiscal Year 2026 and/or Fiscal Year 2027. 3. Laskin Road Phase III — This project is the western terminus of the multi-phase Laskin Road corridor improvements from 1-264 to the Resort Area and will continue a vital connection within the Hilltop Strategic Growth Area as well as the adjacent Lynnhaven Strategic Growth Area and Resort Area Strategic Growth Area. The project includes construction of a six-lane divided highway from Republic Road to just west of Phillip Avenue, a distance of approximately 0.7 miles. The service/feeder roads along Laskin Road will be removed from Regency Hilltop to Republic Road. The bi- direction service/feeder roads will remain west of Regency Hilltop to provide local access to residences and businesses. The proposed typical section will not require additional right-of-way acquisition due to the area created by the removal of the service/feeder roads. This project will provide 14-foot-wide outside lanes for cyclists and a 10-foot wide shared-use path on one side of the roadway with a 5-foot wide sidewalk on the other side of Laskin Road. Aesthetic improvements such as landscaped median and verge areas will be provided to enhance the roadway corridor and provide access control. The signal at Regency Drive will be reconfigured as an innovative Green-T intersection. Incorporating this design will improve traffic flow at the intersection by providing continuous eastbound flow through the intersection. The project will also include replacement of traffic signals at Regency Hilltop. The Laskin Road Phase III project will provide connectivity with both the Laskin Road Bridge Replacement (CIP 2-040) and the Laskin Road Phase I-A (CIP 2-126) projects, which are both under construction. The total project cost is approximately $31.7 million. The City will request $23.8 million in SMART SCALE funds and, if approved, would be required to commit $7.9 million (25%) of local funds in Fiscal Year 2026 and/or Fiscal Year 2027. 4. Northampton Boulevard and Diamond Springs Road Intersection — This project improves the Northampton Boulevard and Diamond Springs Road intersection by reconfiguring the intersection to a partial displaced left-turn layout. Northampton Boulevard will be reconfigured to include displaced left-turn lanes for both the eastbound and westbound approaches. The partial displaced left-turn design requires left-turn vehicles to cross onto the other side of opposing through traffic in advance of the main intersection, allowing the left turns and opposing through movements to occur simultaneously at the main intersection. Additionally, the right-turn lanes from Diamond Springs Road onto Northampton Blvd will be channelized around the displaced left-turn lanes. This approach improves both safety and traffic flow at the intersection. The project will also include pedestrian facility improvements including 10-foot-wide shared-use path, 5-foot-wide sidewalk, and pedestrian signals as well as some utility relocation. Also included is the upgrade and relocation of two existing bus stops at the intersection. The total project cost is approximately $13 million. The City will request $9.75 million in SMART SCALE funds and, if approved, would be required to commit $3.25 million (25%) of local funds in Fiscal Year 2026 and/or Fiscal Year 2027. The total local funds commitment if all four projects are awarded SMART SCALE funding is $21.75 million. Thus, the City would leverage $21.75 million to receive $58.35 million in SMART SCALE assistance for currently unfunded projects. • Considerations: These four projects were presented to City Council for initial consideration at the February 18, 2020 informal session. If awarded, these projects would have to be included in future City adopted CIP Budgets with programmed local funding. While SMART SCALE is a grant program, funds are only available on a reimbursement basis. The SMART SCALE Program requires that localities must first incur expenses and then request reimbursement. Per a CTB Resolution in December 2016, project funds are to be expended in the order of local first, then SMART SCALE funds second. All surplus SMART SCALE funds at completion of a project revert to the overall Commonwealth SMART SCALE balance. • Public Information: Public information will be handled through the normal Council Agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; Location Maps Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: L- 1 A RESOLUTION IN SUPPORT OF THE CITY'S 2020 2 PROJECT APPLICATIONS TO THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION'S SMART SCALE 4 PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications through 7 the Virginia Department of Transportation's SMART SCALE program for consideration 8 based upon an objective score in the areas of Congestion Mitigation, Safety, 9 Accessibility, Environmental Quality, Economic Development, and Land Use 10 Coordination; 11 12 WHEREAS, requested SMART SCALE revenue reimbursement can be up to 13 100% of the total project cost, although the locality's ability to contribute to the 14 submitted project is a factor in the award process; and 15 16 WHEREAS, the City's highest priority improvement projects that meet the 17 eligibility for funding are Holland Road Phase I, South Independence Boulevard and 18 Edwin Drive Intersection, Laskin Road Phase III, and Northampton Boulevard and 19 Diamond Springs Road Intersection. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA THAT: 23 24 1. The City Council of the City of Virginia Beach hereby supports the 25 following four project applications to the Virginia Department of Transportation's 26 SMART SCALE Program: 27 28 a. Holland Road, Phase I; 29 b. South Independence Boulevard and Edwin Drive Intersection; 30 c. Laskin Road, Phase III; and 31 d. Northampton Boulevard and Diamond Springs Road Intersection 32 33 2. Commonwealth and Federal funds will be requested from the SMART 34 SCALE Program in the following amounts: 35 36 a. $15,700,000 for Holland Road Phase I; 37 b. $9,100,000 for South Independence Boulevard and Edwin Drive 38 Intersection; 39 c. $23,800,000 for Laskin Road Phase III; and 40 d. $9,750,000 for Northampton Boulevard and Diamond Springs Road 41 Intersection. 42 43 3. The required local matching funds, as determined by the SMART SCALE 44 award process, will be provided with allocations of local funding in the City's Capital 45 Improvement Program Budget. 46 47 4. The City Manager is hereby authorized to execute on behalf of the City of 48 Virginia Beach all necessary project agreements for project development and 49 construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B get and nageme Services o y's Office CA15086 R-1 June 2, 2020 ;II 1 ORAL ST ' 'y"- —_ / )al;.��,_ H N sir. rAnt E " ;' 3 ,,› a + SIT y:,, , i• - o o�o �4 y-rr ay.ao •� . 1• STUDIO DR sy g .1.);/ .<�, FERRELL PKNN oP l 7 0 ' ` 1 I $ 1-,_ —I 711.117 I>74 0,4 V4 40 \ --1 % to% , 41 % •••• .....,,,r, .„.. " ,,,,,,,,i:, a., ,.„v_,..„ .. , �� \N +<<��, tii III F� • •, „j , 7,;. i_ .,,,,,,_. r 7 ct. i_so , Irrl �• ,.►+4 v `y�s•`y� 1 1 _rl-- _ * 0 ° : Y '1, 0 4& ". A- 0), a pia; C 5 -, - ni 0.„,,i, 9 , . • _ 0 #tto. ....., ,s! 4 )QJg OOP qd 2 /To,. N.c, iv ,...---.z. • . ,,t l ANp P�ZA S - r rat 1 Al VII* v /� '��; rage sir. � ( � � Q �,, Mat r e I��.�,��• J-RED CT 'In 'ammo INr 01 �11 O 1..r�j ✓„,. tsar u _ 1,, 'r11R 0, ..... \ „, I.I.ir ii�i�st i= , ter, aidiv ,.. � � r �; `� - Z �' 1‘ illitt: - _ � .. v_S PLAZ A 7RL�__ \ '® MATCH POINT DR p00 j4U : 111 c. ' '' C 4..„ p0 � �_� U �-I �- i--* - ��r MASEFIELD��77CYlRR" Y Y p TOp s ❑ , � Q --' `--�'lc\ ��s +wU EEDp �I � � J3 ADER:CIR4417 THArkelitzt 1.0.1:1$ LORD:BYRONDR ,g-1� Q\ ri /h- -\„ n u LOCATION MAP !;y1 =. �' �' �� HOLLAND ROAD `,i•o•� ��``:• TER- PHASE I IMPROVEMENTS �` 8 ,1• 1.... WATERS DRY Prepared by P.W./Eng./Eng.Support Services Bureau 5/13/20020 X:\CADD\Projects\ARC Files\AGENDA MAPS\Smart Scale Projects\Smart Scale Holland Z 1 —-1 L_J L_L_J Li_J-'--��-`_- e NIA:EACH ell/p MV9URQkQR i �EZ11 ,e /V\ itee', rin� �1 ' ..B. •AR1 ' I � �W� \y�i tIliOlk W 41 It. ,d r. lE ii Writ!" p..,*%. OW '''•; .ig. 4.• Vel'eargliht 5' _ \ 121,*P!,,a"- 440,444041I311r- ! (\e___ iTm a'.r'YIVt.,i4tyip*4'- �•ta4 4+��`�;^%�4,�'�, "�1�`0, INVESTORS.P0 - :� 1 z0 '1 ,_1._._ n-1 rt��0 s.i• ' Iw n .tut. '`' ,...T______i\_\____1l=___11 L11C_I ��- - \� o LJ--� ILA ,____ o Q Iifilkii 1 IN FL slit L. 1.....ii(..? IIIII �Y ~BUNKER.DR st l', LID- ci- - HOLLAND OFFICE PARK it5111 . c--.J a D ° , , , will I., . z. ... ow:0..h o� o o D�� lir Am) 1 \�usgr.....l, -...I_0 . ' , -...-.- 1 i E LCfli o \*Lj , � �� .�_. 0 J , ++...' ►��\\mot- EDWIN_DR - _r\rr�: N`, Q • roCI � �\ DH a Q C EiCO BEN HOG . � z ri - AN_ D R o o J I z u B + o_ _V., n W J W , 10 & 0 [7 0 h 0 Ili*, . 4411.,m1HL-11 D . k\I :.,.- . . .. . ...._ .... . .. .., . . ... ..,. .' . ..,,..,,,..:., IP--_....,_ s�s oo WEDGE D - �\I` it R o �1 It oo \I�, \,o_EEPJIl ., LOCATION MAP ifir 1 INDEPENDENCE BOULEVARD ______Mit & EDWIN DRIVE INTERSECTION Prepared by P.W./Eng./Eng.Support Services Bureau 5/13/20020 X:\CADD\Projects\ARC Files\AGENDA MAPS\Smart Scale Projects\Smart Scale Independence - ik CUTLERR caM ! c ' ' ,..• - . 2 5 r l " s i 'k VI W es- E Y r7lo .CIS i p arum, 4.0�qpG,_ moo :,_____,_._S1 ,i r 1 1 ., G� i, s�C .zt,,, ,DER° �0� `a FLU �! o rr it4r wilk ,, �. sooM' - .N.-- '''''' Cr 141 0 f--- 4.711-1441 cill ° 1:373Z1111t4OVAIPFTIIIe* • .i ;) .'i•-• 61°4 e M� 0 kill" s .. �-1 pp,7 i ligattiiiillit •«u Lr ne ne'afflict., i'-1 LI1, 1:17111011ajella!a4 %1 ---iitSic)10 ,s\ At a !Lill #'r---- �. •t ll [W+1 a Lrr a41 i IN . ri1 , r u �'ulf��,j , /'. ,�sy.�p d � t+t� 1ti an d '< a � t t r t�j {- w i � "� -- , rr_r7 Ci w ,i' aj 0 T ' . Sri t^,(c, 414 , `� ALLEY.: ca c, Q-�� r tiw *i►3 , t`i! v grLE` 4 �'�, �N a fine louen, f 7.p t !-r p 4? h U1$G r" it ' • GNP` 001.9�Q ° cc c, m __ .i �$fl O9�C91s.•• ;�` EQ ,Ip im ,, , r= > •,, Q' z U�rs .n ..,� S LNG Q , . .• cU iiffif,pi^�;.1 g t ll/_. , m `�d p * •�1 o d 4 n�c, A I' Ce�',v„ '1,•�; 2 > s PR " INSTER�N=1 z� II STEVE LN to is �a�---- ESTM l4� �y u � a sir/p1Rn;��iilf -``W lJ l ��.irr` --! '... lilijt(-- �� w I - • y .�r'II r,,,e iiiis m` rr`- _ ..•��..�*+ �S--S"*"- ct ` Cr � KAREN LN Q��O ti ��1 d Z NE ' -"'-\`0-1 At \ -..7,,----- c--8-- _\ y- t\ lei (---- . u_.-\lit ‘,......,..._...‘ „.....--- ..,3 c (AT.40",,,-4-.Wei------- Ilk `-' r% - / - -.A ,-\ ___--- ret ------- :3 A---6-° -'---- .,'-' .0 •1 ".` .------------ -.0 -----t=5,------_- \-1____..--------------- �l. 0 c;' i pONN i3 xtroo • \tie., 4 � I VtAtl \ 1 s \-'- aili%,,,,,I ,`<.<.,''''..\---‘\\\11111IL L !,..,\-4 .ekz.i. SANDYVILE DRt ® RO p: Y/ r ' cailf. ,. 0. � { ` k 5L .ir....--mi -0 -01;iv 1 %A ‘ et , , gra It 1 ". %-A .. / a 1 �— ikO (VIRGINIA BEACH.BLVD— "" .,,,,, st(,,, ,,.........-----,40 ELF:5 .' -0)>= , ci, -c' A Lliblill - - --:". in ZWi relfirt___,Ci___ ..." • apt Asia161! -6-a k azi- ?i. it 43, rs - zQ 0 .,v R pa 11 y �z !so roty 0 - •GARDEN p J---r 0 . 'I'd' - c' eettitg c.1 1153 t.-A. 1 to v G`' �i�ri�'1r13p' '4 Va t o I. r Q lLti t� `?. _- G�,n DR it 4--- 1 . 0 , 4 �7 LOCATION MAP LASKIN ROAD PHASE III POTTERS•RI CIP 2-146 Prepared by P.W./Eng./Eng.Support Services Bureau 6/6/2018 X.\CADD\Projects\ARC Files\AGENDA MAPS\Laskin Road Phase III CIP 2-146 F \ co H O v A- GON DR SITE - 0woNlik _ '-- / / so, 0 fr • 1,ti r _ L� �j �0 �` „if. O � ' ' '''ai t o% O i �' // i / a A". \-0:--,. , / ___/ 1 # 01 AN FP ,,/ s, '''''... ,...,1 Ni / ‘`,0", . ,,,,,,---r\<\- ' `.?Y4/4 0 t ."..,if. 4 444 S \/;\''- ----"N ir `\ I, 444 .0° A",„ o '' • 41 - , lc>, / a ii � 1 .41 f0 _ I -1 0'0° I-- i ____, ., tilt: Z j0 o'gMo �Ji 0).,f 1i� Nos'°Rii + 0 �s f,./) /i/ �YR �, r. / /. g ,f- ‘-------„, _, .. ,......„:5___ , e c...._k_i_- or . r C-- �� _z LOCATION MAP �-� iz NORTHAMPTON BOULEVARD �� /2 \ r & DIAMOND SPRINGS ROAD �° INTERSECTION 1 Prepared by P.WJEng./Eng.Support Services Bureau 5/13/20020 X:\CADD\Projects\ARC Files\AGENDA MAPS\Smart Scale Projects\Smart Scale Northampton ro it) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of the Redesignation of Local Workforce Development Areas 14 & 16 Into a New Single Local Workforce Development Area MEETING DATE: June 16, 2020 • Background: In December 2019, the local elected officers who serve on the Greater Peninsula Workforce Board and Hampton Roads Workforce Council supported a proposed re-organization and merger of the two workforce boards to better serve the needs of employers and job seekers. As a result of this merger the current Hampton Roads Workforce Council would no longer exist and in its place a single local workforce development area (LWDA) would be created. In order to finalize this merger and creation of a new LWDA, each locality served by the Greater Peninsula Workforce Board and Hampton Roads Workforce Council need to approve this merger. The Commonwealth has prepared the attached resolution for each locality to execute if this consolidation is agreeable. To date the following localities have adopted the resolution: Norfolk, Poquoson, Franklin, Southampton, Isle of Wight, Williamsburg, Gloucester and York County. ■ Considerations: In accordance with the Workforce Development Innovation and Opportunity Act, LWDAs within a planning region that want to re-designate into a single LWDA shall be given the opportunity to do so. The Greater Peninsula Workforce Board and Hampton Roads Workforce Council are part of one regional planning region serving fifteen political subdivisions of Southeastern Virginia. The local elected officials of the fifteen political subdivisions have indicated they support this re-designation and merger into one new LWDA. ■ Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution; correspondence dated June 3, 2020 from the Hampton Roads Workforce Council. Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: -FAIL 1 A RESOLUTION IN SUPPORT OF THE REDESIGNATION 2 OF LOCAL WORKFORCE DEVELOPMENT AREAS 14 & 16 3 INTO A NEW SINGLE LOCAL WORKFORCE 4 DEVELOPMENT AREA 5 6 WHEREAS, under the Workforce Innovation and Opportunity Act (WIOA), Public 7 Law 113-128, local workforce development areas (LWDAs) within a planning region that 8 want to re-designate into a single LWDA shall be given the opportunity to do so; and 9 10 WHEREAS, the Virginia Board of Workforce Development's Policy, Number 200- 11 07, entitled, "Process for Requesting LWDA Redesignation: Redesignation Assistance," 12 effective July 1, 2017, prescribes the process to be followed when a unit or a combination 13 of units of political sub-divisions request redesignation of their LWDAs as provided under 14 WIOA; and 15 16 WHEREAS, the Greater Peninsula Workforce Board (GPWB), tasked with 17 overseeing the delivery of workforce services within LWDA 14 and the Hampton Roads 18 Workforce Council (HRWC), tasked with overseeing the delivery of workforce services 19 within LWDA 16, are part of one regional economic ecosystem serving the fifteen political 20 sub-divisions of Southeastern Virginia; and 21 22 WHEREAS, in September 2018 the GPWB and HRWC executed a Resolution 23 establishing the Southeastern Virginia Regional Workforce Collaborative whose purpose 24 was to address the needs of area employers through a collaborative regional approach, 25 focused upon business engagement strategies, communication efforts, program 26 development, provision of labor market intelligence, veteran transition support and 27 emerging workforce initiatives; and 28 29 WHEREAS, the work of the Collaborative has resulted in a significant number of 30 successful undertakings to include the creation of a Joint Business Services Team that 31 has assisted over 4,000 employers, the implementation of a fundraising initiative which 32 raised over $250,000 in new private resources, the award of a $100,000 GO Virginia 33 Grant to establish the Hampton Roads Coalition for Talent, and the publication of a 34 regional economic impact report that concluded there was a $4.30 return on investment 35 for each $1.00 spent by the region's two workforce boards; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the request of the GPWB and HRWC to be re-designated into a new, single 41 LWDA to oversee the delivery of workforce development services within the fifteen 42 political subdivisions located within Southeastern Virginia, as prescribed under WIOA, be 43 approved for submission to the Virginia Board of Workforce Development and subsequent 44 action by the Governor of the Commonwealth of Virginia. 45 Adopted by the council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 741. I, j L ) . SA-',_ City Manager's Office City ttorney's Office CA15091 R-2 June 5, 2020 g 141i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Adopt the 2020 Housing Choice Voucher Five Year Plan and Administrative Plan and to Authorize the City Manager to Execute and Submit the Plans to the U.S. Department of Housing and Urban Development MEETING DATE: June 16, 2020 • Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally funded Housing Choice Voucher program ("HCV Program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit an HCV Administrative Plan and either: (i) a Five Year Agency Plan; or (ii) an Annual Agency Plan for each fiscal year in which federal funding is received for its HCV program. • Considerations: The HUD planning cycle dictates whether an Annual Plan or a Five Year Agency Plan is required. This year, a new Five Year Agency Plan is required. This Plan is included as an attachment to this agenda request. The DHNP is also required by HUD to include certifications demonstrating DHNP's compliance with applicable laws, and HUD rules and regulations. In regard to the HCV Administrative Plan, this document details the policies and procedures that govern the day-to-day operation of the HCV Program. The previously approved Administrative Plan has undergone revision and is included for approval in this ordinance request. The approved plan normally would have been required to be electronically submitted to HUD by April 15. However, due to the COVID-19 pandemic emergency, the submission date was postponed, and these plans and required certifications will be submitted upon Council approval of this ordinance. • Public Information: In addition to the normal advertising that is part of the Council agenda process, the proposed revisions to the Administrative Plan were advertised to the public on February 20, 2020, and a public hearing was held on March 10. A copy of the referenced plans is available for public inspection online at the DHNP website within www.vbgov.com. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Executive Summary of Annual and Administrative Plans; Five Year Plan; Certificate Recommended Action: Approval Submitting Department/Agency: Housing & Neighborhood Preservation City Manager: I 1 - 1 AN ORDINANCE TO ADOPT THE 2020 HOUSING CHOICE 2 VOUCHER FIVE YEAR PLAN AND ADMINISTRATIVE PLAN 3 AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE 4 AND SUBMIT THE PLAN AND REVISIONS TO THE U.S. 5 DEPARTMENT OF HOUSING AND URBAN 6 DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally funded Housing Choice Voucher Program ("HCV"), 10 formerly known as the Section 8 Program: 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit an HCV Administrative Plan and 14 either: (i) an Annual Agency Plan for each fiscal year in which DHNP receives federal 15 funding for its HCV Program; or (ii) a Five Year Agency Plan every five years; 16 17 WHEREAS, this year DHNP is required to submit a Five Year Plan to describe the { 18 long term goals of the program; 19 20 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 21 operational procedures of the HCV program in DHNP: 22 23 WHEREAS, DHNP is also required by HUD to include a certification in the Five 24 Year Agency Plan demonstrating DHNP's compliance with applicable laws and HUD rules 25 and regulations in order to continue to operate the HCV program; 26 27 WHEREAS, the Five Year Plan and an Executive Summary of the Annual and 28 Administrative Plans is attached hereto, and copies are on file with the City Clerk. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That DHNP's Five Year Plan and Administrative Plan for the Housing Choice 34 Voucher Program are hereby approved, provided such Plans conform in all material 35 aspects to the Executive Summary and Summary of Plan Changes attached hereto; and 36 37 That the City Manager is hereby authorized to execute and submit the Five Year 38 Plan and Administrative Plan and any certifications regarding such Plans to the U.S. 39 Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of -------- . 2020 APPROVES) 1S1q:0 CONTENT: APPROVED AS TO LEGAL. SUFFICIENCY: Housing & isleighiprhood Preservation C. r s Office - 1 CA15082 R-1 May 29, 2020 Executive Summary 2020 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 2, 2020 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing&Neighborhood Preservation(DHNP)operates the federal Housing Choice Voucher Program(HCV) in the city. The program provides funding for rental subsidies for over 2,000 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program,the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan is being presented Agency Plan for the program for adoption by Council with this ordinance. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the(HCV)program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and,therefore no board of commissioners. The administrative plan states VBDHNP's policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on April 3,2019 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: 1 Executive Summary 2020 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 2, 2020 • Selection and admission of applicants from the DHNP waiting list,including any DHNP admissions preferences,procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list(Chapter 4); • Issuing or denying vouchers,including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term."Suspension"means stopping the clock on the term of a family's voucher after the family submits a request for"appro val of the tenancy"(Chapter 5); • Encouraging participation by owners of suitable units located outside of areas of low income(Chapter 13); • Providing information about a family to prospective owners(Chapters 3 and 13); • Subsidy standards(Chapter 5); • Informal review procedures for applicants and for participants(Chapter 16); • The method of determining reasonable rent to owners(Chapter 8); • Policies concerning debts owed by families to DHNP(Chapter 14);and • Procedural guidelines and performance standards for conducting required housing quality standard inspections(Chapter 8) Additional Detail on Plan Contents Annual Agency Plan:This plan must be submitted annually. The plan as developed by staff contains the following information: • Eligibility, selection and admissions policies, including de-concentration and wait list procedures • Financial resources • Rent determination procedures • Operations and management • Grievance procedures • Self-sufficiency programs(FSS) • Civil rights certifications • Fiscal year audit • Housing needs for the area • Strategy for meeting housing needs • Progress in meeting mission and goals • Any significant amendment and substantial deviations or modifications 2 Executive Summary 2020 Housing Choice Voucher—Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 2, 2020 • Any plan elements that have been revised since the last Annual Plan certification • A listing of the locations where key elements of the Plan can be found As mentioned,many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in this plan. In addition to City Council adoption of the 2020 Agency Plan,there must also be approval of two HUD required certifications. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077 which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing,Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act,ADA regulations and various other federal laws. The second certification is HUD Form 50077-s1 which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan,and is previously cited. On February 20,2020,the Annual Plan Update was made available to the public for the required 45-day review period. A public hearing was held on March 10,2020,in conjunction with our resident advisory board meeting. Their comments will be attached to the final HUD submission along with any that are received from the general public. The approved Annual Agency Plan along with the two required certifications must normally be electronically submitted to HUD no later than April 15,2020,which is the required 75 days before the beginning of the fiscal year. However,due to the pandemic emergency,that deadline was extended, and the plan will be submitted following Council approval. Administrative Plan: Staff has developed revisions to the 2020 plan. Primary differences between the prior plan and this proposed revision are as follows: • This Plan is based on the Nan McKay model administrative plan. We have adapted it for our needs.This resulted in numerous style and wording changes of a non-content(not changing the meaning of the plan)nature. • The old plan had many discretionary deadlines at 10 business days, and many at 15 business days. We have adopted a standard of 15 business days. • Defined policies for repayment agreements when participants commit program fraud (Chapter 16.) • Include an insertion of language to communicate the creation of the Renaissance Waiting List (Chapter 17) These proposed revisions were advertised and made available along with the Annual Plan as noted above. 3 5-Year PHA Plan U.S. Department of Housing and Urban Development OMB No.2577-0226 Office of Public and Indian Housing Expires: 02/29/2016 (for All PHAs) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies,rules,and requirements concerning the PHA's operations,programs,and services,and informs HUD,families served by the PHA,and members of the public of the PHA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low-income families Applicability. Form HUD-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs. A. PHA Information. �.I PHA Name. City of Virginia Beach Dept. Housing Neighorhood Preservatio PHA Code VA039 PIIA Plan for Fiscal Year Beginning: (MM/YYYY): 7/2020 PHA Plan Submission Type: is 5-Year Plan Submission ❑Revised 5-Year Plan Submission Availability of Information. In addition to the items listed in this form,PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s)where the proposed PHA Plan,PHA Plan Elements,and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally,the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard Annual Plan,but excluded from their streamlined submissions. At a minimum,PHAs must post PHA Plans,including updates,at each Asset Management Project(AMP)and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. ❑PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAsPHA Program(s)in the Program(s)not in the No.of Units in Each Program Code Consortia Consortia PH HCV Lead PHA: Page 1 of 3 form HUD-50075-5Y(12/2014) B. 5-Year Plan. Required for all PHAs completing this form. B 1 Mission.State the PHA's mission for serving the needs of low-income.very low-income,and extremely low-income families in the PHA's jurisdiction for the next five years. Housing & Neighborhood Preservation's mission is to create quality solutions that expand housing opportunities, promote vibrant, well-maintained neighborhoods and make homelessness rare, brief and nonrecurring. B 2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the I'I IA to serve the needs of low-income,very low- income,and extremely low-income families for the next five years. Please see"2020 goals" 8.3 Progress Report.Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. Please see"2020 progress" B 4 Violence Against Women Act(VAWA)Goals. Provide a statement of the PHA's goals,activities objectives,policies,or programs that will enable the NIA to serve the needs of child and adult victims of domestic violence,dating violence,sexual assault,or stalking. The PHA will adopt the attached policy to help ensure that all actual and potential beneficiaries of its HCV program are aware of their rights under VAWA.The PHA will post the following information regarding VAWA in its offices and on its website. It will also make the information readily available to anyone who requests it. Copy of Form HUD-5380, 5382, 5383 B.5 Significant Amendment or Modification.Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan The Virginia Beach Department of Housing and Neighborhood Preservation defines substantial deviations and significant amendments or modifications"as any change in policy that significantly and substantially alters our stated mission of providing housing services to low-income families and individuals. Discretionary or administrative amendments consistent with the department's overall mission and basicobjectives will not be considered significant modifications." There were non substantial deviations or significant amendments or modifications during the program year. B 6 Resident Advisory Board(RAB)Comments. (a) Did the RAB(s)provide comments to the 5-Year PHA Plan? Y N Il E (b) If yes,comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. B.7 Certification by State or Local Officials. form HUD rD 50077-SI.Certification by State or Local Officials of PHA Plans Consistency with the consolidated Plan,must be submitted by the PHA as an electronic attachment to the PHA Plan. Page 2 of 3 form HUD-50075-SY(12/2014) Instructions for Preparation of Form HUD-50075-5Y 5-Year PHA Plan for All PHAs A. PHA Information 2.1< IFR y)t13 23(-1Jie A.I Include the full PHA Name,PHA Code,,PHA Fiscal Year Beginning(MM/YYYY).PHA Plan Submission Type,and the Availability of Information,specific location(s)of all information relevant to the hearing and proposed PHA Plan. PHA Consortia Check box if submitting a Joint PHA Plan and complete the table B. 5-Year Plan. B.1 Mission. State the PHA's mission for serving the needs of low-income,very low-income,and extremely low-income families in the PHA's jurisdiction for the next five years (2.I CI-It .)i13(>taJr I,)) B.2 Goals and Objectives. Identity the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- income,very low-income,and extremely low-income families for the next five years. (24('I R;')u;(it')ji Li) For Qualified PHAs only,if at any time a PHA proposes to take units otlline for modernization,then that action requires a significant amendment to the PIIA's 5-Year Plan B.3 Progress Report. Include a report on the progress the PIIA has made in meeting the goals and objectives described in the previous 5- Year Plan. (24 CFR 6(h)i2)) B.4 Violence Against Women Act(VAW.A)Goals. Provide a statement of the PHA's goals,activities objectives,policies,or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence,dating violence,sexual assault,or stalking. (2.1( I h i;r4a!(;)) B.5 Significant Amendment or Modification.Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan B.6 Resident Advisory Board(RAB)comments. (a) Did the public or RAB provide comments? (h) If yes.submit comments as an attachment to the Plan and describe the analysis of the comments and the Pt1A's decision made on these recommendations.(24 CFR_§9(i3 I7(a),2-1 Cflt;9(1?19) This information collection Is authorized by Section 511 of the Quality(lousing and Work Responsibility Act,which added a new section SA to the U.S.Housing Act of 1937,as amended, which introduced the 5-Year PHA Plan.The S-Year PHA Plan provides the PIiA's mission,goals and objectives for serving the needs of low-income,very low-income,and extremely low- income families and the progress made in meeting the goals and objectives described in the previous 5-Year Plan. Public reporting burden for this information collection Is estimated to average.76 hours per response,including the time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of Information.HUD may not collect this information,and respondents are not required to complete this form,unless it displays a currently valid OMB Control Number. Privacy Act Notice.The United States Department of Housing and Urban Development is authorized to solicit the information requested In this form by virtue of Title 12,U.S.Code, Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations.Responses to the collection of Information are required to obtain a benefit or to retain a benefit.The Information requested does not lend itself to confidentiality. Page 3 of 3 form HUD-50075-5Y(12/2014) Certification by State or Local U.S Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan or OMB No.2577-0226 State Consolidated Plan Expires 2/292016 (All PHAs) Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, , the Official's Name Official's Title certify that the 5-Year PHA Plan and/or Annual PHA Plan of the PHA Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments(AI)to Fair Housing Choice of the Local Jurisdiction Name pursuant to 24 CFR Part 91. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the AI. !hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate.Wanting: HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001,1010,1012;31 U.S.C.3729,3802) Name of Authorized Official Title Signature Date Page 1 of 1 form HUD-50077-SL(12/2014) The mission of the City of Virginia Beach is to enhance the economic, educational, social, and physical quality of the community and provide sustainable municipal services which are valued by its citizens. The method for accomplishing this mission is to provide quality customer service, use teamwork, and work with integrity and commitment. The goals of Virginia Beach Housing& Neighborhood Preservation's Rental Housing division for the next five years are centered by this vision: Goal 1: Evaluate our processes and work to increase our efficiency Rental Housing has just started working towards this goal by eliminating redundant forms and adopting process improvements. While striving toward working more efficiently, is it also our intention to free up resources; reallocate staff to improve landlord outreach; and help participants access other services, such as information on how to file for the Earned Income Tax Credit (to encourage work), how to maintain a good relationship with their landlords, and how they can communicate with our department electronically. Goal 2: Support the City's Comprehensive Plan to increase housing opportunities in Federal Opportunity Zones and in coordination with the City's defined Strategic Growth Areas The city has designated certain areas in Virginia Beach for new housing and business development, and we will support that effort by targeting PBV developments in those areas. Goal 3: Expand our Family Self-Sufficiency(FSS) program Currently only 22 families enrolled are enrolled in the FSS program. Our goal is to have 60 families enrolled by the end of 2021. In addition, we are going to be creative and aggressive in accessing resources outside of the department and within the community. For example,we will try to reach out to Tidewater Community College to help with providing quality career advice to our FSS families. We will also encourage our families to take advantage of the Workforce Investment and Opportunity Act(WIOA) program to make education and job training more affordable and more accessible. The WIOA program can pay for books,travel and day care for students, and even pay a stipend to students who maintain their grades. In addition, WIOA can subsidize on-the-job training to help those with certificates or degrees obtain that vital first job that provides experience and begins to build a resume. The previous 5 year plans did not list any explicit goals. However, in the previous 5 years, Virginia Beach Department of Housing and Neighborhood Preservation (DHNP) has made tremendous strides in the general goals of running a high performing,efficient program, expanding housing opportunities in the City of Virginia Beach, and targeting difficult to serve populations. We currently have achieved the maximum possible SEMAP score. We were named Agency of the Year by the Virginia Association of Housing Counselors in April 2019. We have also hired a fraud coordinator who investigates all manner of housing fraud. We have created flow charts to enable new staff to perform all functions in an orderly,efficient manner. Finally, we have begun the process of creating "keystroke specific" manuals, so that a new hire will be able to perform his or her job duties on day one. The biggest success for DHNP is the opening of the Housing Resource Center(HRC) in 2018. The award- winning Housing Resource Center provides a one-stop shop of services for families and individuals experiencing homelessness or a housing crisis. Partners at the Housing Resource Center use a consolidated and integrated approach to deliver multiple services and housing options within a single building. The facility features a singles shelter, short-term family housing, permanent housing, day services, Human Services, dining hall and learning facility.The integration of these resources under one roof makes the Housing Resource Center the first of its kind in South Hampton Roads. Rental Housing has partnered with the department's Homeless Services division to serve 24 formerly homeless individuals who are residing in apartments at the HRC with PBVs. Over the last 5 years we have added several PBV projects. 1. Housing Resource Center—24 apartments (as mentioned above) 2. Summer Haven -6 disabled households 3. Tranquility at the Lakes- 20 disabled or senior(over 55 years old) households 4. Price Street-20 intellectually or developmentally disabled households The Department as a whole is also currently evaluating 3 proposals intended to expand housing opportunities by leveraging HOME funds. Finally, we have been awarded 32 more VASH vouchers in 4 tranches. Our rental housing program is incredibly creative in partnering with the State of Virginia and the City of Virginia Beach to go beyond the voucher program to help vulnerable populations. In the last five years we have added a program to provide rental assistance to Severely Mentally III(SMI) households and are currently serving 83 SMI families with state funds. In addition,we added the State Rental Assistance Program,which currently serves 60 individuals who are developmentally or intellectually disabled. We are continuing to assist formerly homeless households through the Tenant Based Rental Assistance program and operating a Rental Security Deposit program utilizing HOME funds. Finally,we were recently awarded 60 Mainstream vouchers and will begin leasing those households in June, 2020. NOTICE OF OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development THE VIOLENCE AGAINST WOMEN ACT OMB Approval No.2577-0286 Expires 06/30/2017 linsert Name of Housing Provider''-] Notice of Occupancy Rights under the Violence Against Women Act2 To all Tenants and Applicants The Violence Against Women Act(VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity,or sexual orientation.3 The U.S. Department of Housing and Urban Development(HUD) is the Federal agency that oversees that [insert name of program or rental assistance] is in compliance with VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA." Protections for Applicants If you otherwise qualify for assistance under [insert name of program or rental assistance], you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Protections for Tenants The notice uses HP for housing provider but the housing provider should insert its name where HP is used. HUD's program-specific regulations identify the individual or entity responsible for providing the notice of occupancy rights. 2 Despite the name of this law,VAWA protection is available regardless of sex,gender identity,or sexual orientation. 3 Housing providers cannot discriminate on the basis of any protected characteristic,including race,color,national origin,religion,sex,familial status,disability,or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation,gender identity,or marital status. Form HUD-5380 (12/2016) 2 If you are receiving assistance under [insert name of program or rental assistance],you may not be denied assistance,terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under [insert name of program or rental assistance] solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual assault, or stalking. Affiliated individual means your spouse, parent, brother, sister, or child,or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual,tenant, or lawful occupant living in your household. Removing the Abuser or Perpetrator from the Household HP may divide(bifurcate)your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking. If HP chooses to remove the abuser or perpetrator, HP may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, HP must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA,or, find alternative housing. Form HUD-5380 (12/2016) 3 In removing the abuser or perpetrator from the household, HP must follow Federal, State, and local eviction procedures. In order to divide a lease, HP may, but is not required to,ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. Moving to Another Unit Upon your request, HP may permit you to move to another unit, subject to the availability of other units,and still keep your assistance. In order to approve a request, HP may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing provider may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence,sexual assault, or stalking,your housing provider may ask you for such documentation, as described in the documentation section below. (2) You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. Form HUD-5380 (12/2016) 4 OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer,and that assault happened within the 90-calendar-day period before you expressly request the transfer. 1113 will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families. HP's emergency transfer plan provides further information on emergency transfers, and HP must make a copy of its emergency transfer plan available to you if you ask to see it. Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking HP can, but is not required to, ask you to provide documentation to "certify"that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from HP must be in writing, and HP must give you at least 14 business days(Saturdays, Sundays, and Federal holidays do not count)from the day you receive the request to provide the documentation. HP may, but does not have to, extend the deadline for the submission of documentation upon your request. Form HUD-5380 (12/2016) 5 You can provide one of the following to HP as documentation. It is your choice which of the following to submit if HP asks you to provide documentation that you are or have been a victim of domestic violence,dating violence, sexual assault, or stalking. • A complete HUD-approved certification form given to you by HP with this notice,that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name,the date,time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. • A record of a Federal, State,tribal, territorial, or local law enforcement agency, court,or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others. • A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney,a medical professional or a mental health professional (collectively, "professional") from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection. • Any other statement or evidence that HP has agreed to accept. If you fail or refuse to provide one of these documents within the 14 business days, HP does not have to provide you with the protections contained in this notice. Form HUD-5380 (12/2016) 6 If HP receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms from two or more members of a household each claiming to be a victim and naming one or more of the other petitioning household members as the abuser or perpetrator), HP has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is conflicting evidence, HP does not have to provide you with the protections contained in this notice. Confidentiality HP must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. HP must not allow any individual administering assistance or other services on behalf of HP(for example, employees and contractors)to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. HP must not enter your information into any shared database or disclose your information to any other entity or individual. HP, however, may disclose the information provided if: • You give written permission to HP to release the information on a time limited basis. • HP needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program. • A law requires HP or your landlord to release the information. Form HUD-5380 (12/2016) 7 VAWA does not limit HP's duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, HP cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if HP can demonstrate that not evicting you or terminating your assistance would present a real physical danger that: 1) Would occur within an immediate time frame,and 2) Could result in death or serious bodily harm to other tenants or those who work on the property. If HP can demonstrate the above, HP should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat. Other Laws VAWA does not replace any Federal, State, or local law that provides greater protection for victims of domestic violence,dating violence, sexual assault, or stalking. You may be entitled to Form HUD-5380 (12/2016) 8 additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local laws. Non-Compliance with The Requirements of This Notice You may report a covered housing provider's violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with [insert contact information for any intermediary, if applicable] or [insert HUD field office]. For Additional Information You may view a copy of HUD's final VAWA rule at [insert Federal Register link]. Additionally, HP must make a copy of HUD's VAWA regulations available to you if you ask to see them. For questions regarding VAWA, please contact [insert name of program or rental assistance contact information able to answer questions on VAWAJ. For help regarding an abusive relationship,you may call the National Domestic Violence hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact [Insert contact information for relevant local organizations]. For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our- programs/stalking-resource-center. For help regarding sexual assault, you may contact [Insert contact information for relevant organizations] Victims of stalking seeking help may contact [Insert contact information for relevant organizations]. Attachment: Certification form HUD-5382 [form approved for this program to be included] Form HUD-5380 (12/2016) CERTIFICATION OF U.S. Department of Housing OMB Approval No.2577-0286 DOMESTIC VIOLENCE, and Urban Development Exp.06/30/2017 DATING VIOLENCE, SEXUAL ASSAULT,OR STALKING, AND ALTERNATE DOCUMENTATION Purpose of Form: The Violence Against Women Act("VAWA")protects applicants,tenants,and program participants in certain HUD programs from being evicted,denied housing assistance,or terminated from housing assistance based on acts of domestic violence,dating violence,sexual assault,or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence,dating violence, sexual assault,and stalking, regardless of sex,gender identity, or sexual orientation. Use of This Optional Form: If you are seeking VAWA protections from your housing provider,your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault,or stalking. In response to this request,you or someone on your behalf may complete this optional form and submit it to your housing provider,or you may submit one of the following types of third-party documentation: (I)A document signed by you and an employee, agent,or volunteer of a victim service provider,an attorney, or medical professional,or a mental health professional(collectively,"professional")from whom you have sought assistance relating to domestic violence, dating violence,sexual assault,or stalking,or the effects of abuse. The document must specify, under penalty of perjury,that the professional believes the incident or incidents of domestic violence,dating violence, sexual assault,or stalking occurred and meet the definition of"domestic violence,""dating violence,""sexual assault,"or "stalking"in HUD's regulations at 24 CFR 5.2003. (2)A record of a Federal, State,tribal, territorial or local law enforcement agency,court,or administrative agency;or (3)At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant. Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence,dating violence, sexual assault,or stalking. Your housing provider may,but is not required to,extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation,or any extension of the date provided by your housing provider,your housing provider does not need to grant you any of the VAWA protections.Distribution or issuance of this form does not serve as a written request for certification. Confidentiality: All information provided to your housing provider concerning the incident(s)of domestic violence,dating violence,sexual assault,or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual,except to the extent that disclosure is: (i)consented to by you in writing in a time-limited release;(ii)required for use in an eviction proceeding or hearing regarding termination of assistance;or(iii)otherwise required by applicable law. Form HUD-5382 (12/2016) 2 TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE,SEXUAL ASSAULT,OR STALKING 1. Date the written request is received by victim: 2. Name of victim: 3. Your name(if different from victim's): 4. Name(s)of other family member(s)listed on the lease: 5. Residence of victim: 6. Name of the accused perpetrator(if known and can be safely disclosed): 7. Relationship of the accused perpetrator to the victim: it 8. Date(s) and times(s) of incident(s)(if known): 10. Location of incident(s): In your own words,briefly describe the incident(s): This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection,and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission,termination of assistance,or eviction. Signature Signed on(Date) Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting,reviewing,and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence,dating violence,sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA.This agency may not collect this information,and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. Form HUD-5382 (12/2016) EMERGENCY TRANSFER U.S. Department of Housing OMB Approval No.2577-0286 REQUEST FOR CERTAIN and Urban Development Exp.06/30/2017 VICTIMS OF DOMESTIC VIOLENCE,DATING VIOLENCE, SEXUAL ASSAULT,OR STALKING Purpose of Form: If you are a victim of domestic violence, dating violence,sexual assault,or stalking, and you are seeking an emergency transfer,you may use this form to request an emergency transfer and certify that you meet the requirements of eligibility for an emergency transfer under the Violence Against Women Act(VAWA). Although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not necessarily mean that you will receive an emergency transfer. See your housing provider's emergency transfer plan for more information about the availability of emergency transfers. The requirements you must meet are: (1)You are a victim of domestic violence,dating violence,sexual assault,or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence,dating violence, sexual assault,or stalking,your housing provider may ask you for such documentation. In response, you may submit Form HUD-5382, or any one of the other types of documentation listed on that Form. (2) You expressly request the emergency transfer. Submission of this form confirms that you have expressly requested a transfer. Your housing provider may choose to require that you submit this form,or may accept another written or oral request. Please see your housing provider's emergency transfer plan for more details. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar-day period before you submit this form or otherwise expressly request the transfer. Submission of Documentation: If you have third-party documentation that demonstrates why you are eligible for an emergency transfer,you should submit that documentation to your housing provider if it is safe for you to do so. Examples of third party documentation include, but are not limited to:a letter or other documentation from a victim service provider, social worker, legal assistance provider,pastoral counselor,mental health provider, or other professional from whom you have sought assistance;a current restraining order; a recent court order or other court records; a law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence,including emails, voicemails,text messages, and social media posts. Form HUD-5383 (12/2016) 2 Confidentiality: All information provided to your housing provider concerning the incident(s)of domestic violence,dating violence, sexual assault,or stalking,and concerning your request for an emergency transfer shall be kept confidential. Such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections or an emergency transfer to you. Such employees may not disclose this information to any other entity or individual,except to the extent that disclosure is:(i)consented to by you in writing in a time-limited release;(ii)required for use in an eviction proceeding or hearing regarding termination of assistance; or(iii)otherwise required by applicable law. TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A TRANSFER 1. Name of victim requesting an emergency transfer: 2. Your name(if different from victim's) 3. Name(s)of other family member(s)listed on the lease: 4. Name(s)of other family member(s)who would transfer with the victim: 5. Address of location from which the victim seeks to transfer: 6. Address or phone number for contacting the victim: 7. Name of the accused perpetrator(if known and can be safely disclosed): 8. Relationship of the accused perpetrator to the victim: 9. Date(s),Time(s)and location(s)of incident(s): 10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 90 days on the premises of the property from which the victim is seeking a transfer? If yes,skip question 11. If no,fill out question 11. 11. Describe why the victim believes they are threatened with imminent harm from further violence if they remain in their current unit. 12. If voluntarily provided,list any third-party documentation you are providing along with this notice: This is to certify that the information provided on this form is true and correct to the best of my knowledge, and that the individual named above in Item I meets the requirement laid out on this form for an emergency transfer. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission,termination of assistance, or eviction. Signature Signed on(Date) Form HUD-5383 (12/2016) EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,SEXUAL ASSAULT, OR STALKING (HCV VERSION) Attachment: Certification form HUD-5382 [Insert name of covered housing provider] Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault,or Stalking Housing Choice Voucher Program Emergency Transfers The PHA is concerned about the safety of its tenants, and such concern extends to tenants who are victims of domestic violence, dating violence,sexual assault, or stalking. In accordance with the Violence Against Women Act(VAWA),' the PHA allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant's current unit to another unit. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.2 The ability of the PHA to honor such request for tenants currently receiving assistance, however, may depend upon a preliminary determination that the tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether the PHA has another dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy. This plan identifies tenants who are eligible for an emergency transfer,the documentation needed to request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety and security. This plan is based on a model emergency transfer plan published by the U.S. Department of Housing and Urban Development (HUD),the federal agency that oversees that the public housing and housing choice voucher (HCV) programs are in compliance with VAWA. Eligibility for Emergency Transfers A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in HUD's regulations at 24 CFR part 5, subpart L, is eligible for an emergency transfer if the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if the sexual assault occurred on the premises within the 90-calendar- day period preceding a request for an emergency transfer. 'Despite the name of this law,VAWA protection is available to all victims of domestic violence,dating violence, sexual assault,and stalking,regardless of sex,gender identity,or sexual orientation. 'Housing providers cannot discriminate on the basis of any protected characteristic,including race,color,national origin,religion,sex,familial status,disability,or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation,gender identity,or marital status. A tenant requesting an emergency transfer must expressly request the transfer in accordance with the procedures described in this plan. Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in this section. Emergency Transfer Request Documentation To request an emergency transfer,the tenant shall notify the PHA's management office and submit a written request for a transfer to any PHA office. The PHA will provide reasonable accommodations to this policy for individuals with disabilities. The tenant's written request for an emergency transfer should include either: 1. A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant were to remain in the same dwelling unit assisted under the PHA's program;OR 2. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90-calendar-day period preceding the tenant's request for an emergency transfer. Confidentiality The PHA will keep confidential any information that the tenant submits in requesting an emergency transfer, and information about the emergency transfer, unless the tenant gives the PHA written permission to release the information on a time-limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person or persons that committed an act of domestic violence, dating violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the Violence against Women Act for All Tenants for more information about the PHA's responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking. Emergency Transfer Timing and Availability The PHA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. The PHA will, however,act as quickly as possible to move a tenant who is a victim of domestic violence,dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe,the tenant may request a transfer to a different unit. If a unit is available,the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. The PHA may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit. If the PHA has no safe and available units for which a tenant who needs an emergency transfer is eligible, the PHA will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant's request,the PHA will also assist tenants in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking that are attached to this plan. Emergency Transfers: Housing Choice Voucher(HCV)Program Tenant-based assistance: If you are a participant in the tenant-based HCV program and request an emergency transfer as described in this plan, the PHA will assist you to move to a safe unit quickly using your existing voucher assistance. The PHA will make exceptions to program regulations restricting moves as required. At your request, the PHA will refer you to organizations that may be able to further assist you. Project-based assistance: If you are assisted under the project-based voucher(PBV) program,you may request an emergency transfer under the following programs for which you are not required to apply: • Tenant-based voucher, if available • Project-based assistance in the same project(if a vacant unit is available and you determine that the vacant unit is safe) • Project-based assistance in another development owned by the PHA Emergency transfers under VAWA will take priority over waiting list admissions for these types of assistance. You may also request an emergency transfer under the following programs for which you are required to apply: • Public housing program • PBV assistance in another development not owned by the PHA • [Insert other programs the PHA provides,such as LIHTC or HOME] Emergency transfers will not take priority over waiting list admissions for these programs. At g Y your request,the PHA will refer you to organizations that may be able to further assist you. Safety and Security of Tenants Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe. Tenants who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter,for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling 1-800-787-3224 (TTY). Tenants who have been victims of sexual assault may call the Rape, Abuse, and Incest National Network's National Sexual Assault Hotline at 1-800-656-HOPE, or visit the online hotline at: https://ohl.rainn.org/online/. Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime's Stalking Resource Center at: https://www.victimsofcrime.org/our- programs/stalking-resource-center. Attachment: Local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking. Certification by State or Local U. S Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan or OMB No.2577-0226 State Consolidated Plan Expires 229/2016 (All PHAs) Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I ,the Official's Name Official's Title certify that the 5-Year PHA Plan and/or Annual PHA Plan of the PHA Name is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of Impediments(AI)to Fair Housing Choice of the Local Jurisdiction Name pursuant to 24 CFR Part 91. Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State Consolidated Plan and the AI. I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is trueand accurate.Warning:HUD will prosecute false claims and statements.Conviction may result in criminal and/or civil penalties(18 U.S.C.1001.1010,1012;31 U.S.C.3729,3802) Name of Authorized Oficial Title -------- ------------------ ---------- --------Signature Date Page 1 of 1 form HUD-50077-SL(12/2014) L\B1 YE\ G7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City of Virginia Beach to Continue Its Participation in the Department of Criminal Justice Services' Certified Crime Prevention Community Program MEETING DATE: June 16, 2020 ■ Background: On November 15, 2016, City Council approved a resolution authorizing the City's re-certification for participation in the Virginia Department of Criminal Justice Services' ("DCJS") Certified Crime Prevention Community Program ("Program"). The Program encourages localities to develop and implement collaborative community safety plans. It also provides communities with an ongoing process to reassess and update their plans to address emerging community safety issues. The City initially obtained certification following adoption of a resolution in 2000. DCJS requires the City Council to pass a resolution authorizing the City to re-certify for continued participation in the Program. • Considerations: Re-certification will reinforce the City's commitment to providing a safe community and will demonstrate that the City continues to meet rigorous standards related to community safety. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Recommended Action: Approval 4 . Submitting Department/Agency: Police Department I ' City Manager: L-- 1 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO CONTINUE ITS PARTICIPATION IN THE 3 DEPARTMENT OF CRIMINAL JUSTICE SERVICES' 4 CERTIFIED CRIME PREVENTION COMMUNITY 5 PROGRAM 6 WHEREAS, the Virginia Beach City Council supports maintaining the safety and 7 security of its citizens and the community at large to promote crime prevention; 8 9 WHEREAS, the City Council is prepared to continue its support toward 10 appropriate efforts within the community to continue promoting crime prevention and 11 community safety; 12 13 WHEREAS, the Department of Criminal Justice Services ("DCJS") offers 14 communities a "Certified Crime Prevention Community Program" ("Program"), which is 15 specifically designed to recognize Virginia communities committed to crime prevention 16 and community safety while providing a framework for those communities to institute 17 crime prevention at the local level which must be recertified every three years; 18 19 WHEREAS, before a locality can submit an application for participation in the 20 Program, the local governing body must adopt a resolution authorizing such 21 participation; and 22 23 WHEREAS, participation in the Program also requires a participating locality to 24 designate a local community crime prevention, or community safety, council or coalition. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That City Council hereby authorizes the City of Virginia Beach ("City") to 30 participate in the Department of Criminal Justice Services' Certified Crime Prevention 31 Community Program, and authorizes the Police Department to take actions necessary 32 to meet the DCJS requirements for the City to be recertified as a Certified Crime 33 Prevention Community; and 34 35 2. That City Council hereby designates the Virginia Beach Police 36 Department's Community Engagement Unit as the City's representative for the purpose 37 of participating in the Program. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia on the 40 day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0,/76.,,A Police Depa ent City ttorney's Offic CA1 5085 R-1 June 2, 2020 U1A irik rot f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing and Directing the City Manager to Execute a Police Mutual Aid Agreement with the Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of Wight, Northampton, York, Surry and the Towns of Smithfield and Windsor MEETING DATE: June 16, 2020 • Background: In November 1990, the City Council passed an ordinance authorizing the City Manager to execute a Mutual Aid Agreement for police services with Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach and James City. That agreement was updated in October 2003 to allow the localities of Williamsburg, York and Smithfield to join the agreement, again in September of 2009 to allow the localities of Franklin, Poquoson, Accomack, Gloucester, Isle of Wight and Northampton to join the agreement, again in June 2012 to allow the Town of Windsor to join the agreement, and in 2013 to allow the County of Surry to join the agreement. No additional localities are being added with this current amendment, and the only change is to replace a listing of specific types of law enforcement support subject to the agreement with the phrase, "all such available resources ordinarily maintained by the requested [locality]." • Considerations: By executing this Agreement, the City ensures its inclusion in this multi-jurisdictional Regional Mutual Aid Agreement. This agreement is separate and distinct from the Statewide Mutual Aid agreement to which this City is also a party, as the statewide agreement is only triggered when the Governor declares a state of emergency. • Public Information: This item will be advertised in the same manner as other items on Council's agenda. • Recommendations: Adopt Ordinance. • Attachments: Ordinance, Amended Mutual Aid Agreement and Definitions of Key Mutual Aid Agreement Terms Recommended Action: Approval / �q—� Submitting Department/Agency: Police Department City Manager: MI,, 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A POLICE MUTUAL AID 3 AGREEMENT WITH THE CITIES OF CHESAPEAKE, 4 FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, 5 POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA 6 BEACH, WILLIAMSBURG, AND THE COUNTIES OF JAMES 7 CITY, ACCOMACK, GLOUCESTER, ISLE OF WIGHT, 8 NORTHAMPTON, YORK, SURRY, AND THE TOWNS OF 9 SMITHFIELD and WINDSOR 10 11 WHEREAS, Virginia law authorizes local governments to enter into reciprocal 12 agreements for mutual aid and for cooperation in the furnishing of police services; and 13 14 WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake, Franklin, 15 Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, 16 Williamsburg, and the Counties of James City, Accomack, Gloucester, Isle of Wight, 17 Northampton, York, Surry, and the Towns of Smithfield and Windsor to enter into an 18 agreement concerning mutual aid and cooperation with regard to law enforcement, 19 increasing the ability of the local governments to promote the safety and welfare of the 20 entire area. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the attached Police Mutual Aid Agreement is approved and that the City 26 Manager be directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted by the council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City tt rney's Offi e CA14970 R-2 May 6, 2020 Law Enforcement Mutual Aid Agreement THIS AGREEMENT, made this 1st day of January, 2020, by and among the Cities of CHESAPEAKE, FRANKLIN, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH and WILLIAMSBURG, each a municipal corporation of the Commonwealth of Virginia; the County of JAMES CITY, a political subdivision of the Commonwealth of Virginia; the Sheriff of the county of ACCOMACK; the Sheriff of the County of GLOUCESTER; the Sheriff of the County of ISLE OF WIGHT; the Sheriff of the County of NORTHAMPTON; the Sheriff of the County of SURRY; the Sheriff of the County of YORK; the Town of SMITHFIELD; and the Town of WINDSOR. WHEREAS, Virginia law authorizes local governments and Sheriffs, in counties where no police department has been established, to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of law enforcement services; and WHEREAS, the thirteen local governments and the Sheriffs of the counties of Accomack, Gloucester, Isle of Wight, Northampton, Surry and York have determined that the provision of law enforcement aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHERES, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and Law Enforcement Mutual Aid Agreement January 1, 2020 Page 1 of 7 WHEREAS, the parties hereto desire that the terms and conditions of this Law Enforcement Mutual Aid Agreement be established. NOW THEREFORE, in consideration of the mutual benefits to be derived from a Law Enforcement Mutual Aid agreement, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide law enforcement support to the other parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this Agreement. 2. Requests for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction's Chief of Police or Sheriff, whichever is applicable, or their respective designee. 3. The requesting party shall be responsible for designating a radio communications system for use by the requesting party. 4. The personnel of the requested party shall render such assistance under the direction of the Chief of Police or Sheriff of the requesting party, or their respective designee. 5. Law enforcement support provided pursuant to this Agreement shall include all such available resources ordinarily maintained by the requested party. All law enforcement officers and personnel shall be duly trained and currently certified for the position provided. 6. Subject to the terms of this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting party in situations requiring the Law Enforcement Mutual Aid Agreement January 1, 2020 Page 2 of 7 mass processing of arrestees and transportation of arrestees. The parties to the Agreement further agree to assist the requesting party with security and operations of temporary detention facilities. 7. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for law enforcement support when the personnel of the party to whom the request is made, in the opinion of the requested party, needed or are being used within the boundaries of that party, nor shall any request compel the requested party to continue to provide law enforcement support to another party when its personnel or equipment, in the opinion of the requested party, are needed for other duties within the boundaries of its own jurisdiction. 8. In those situations not involving the provision of mutual aid upon request, law enforcement officers and personnel, and other employees of any city, county, town or Sheriff hereunder, may also enter any other jurisdiction in furtherance of law enforcement purposes, concerning any offense in which the entering law enforcement agency may have a valid interest; provided, that the entering personnel shall, as soon as practical, make such presence known to the Chief of Police or Sheriff of the entered jurisdiction, or his designated representative. 9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the law enforcement agency of the locality whose court has original jurisdiction over the offense. Entering law enforcement personnel shall promptly notify the law Law Enforcement Mutual Aid Agreement January 1,2020 Page 3 of 7 enforcement agency of the entered locality upon discovery of a crime over which the court of the entered locality has original jurisdiction. 10. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer; such authority shall be in conformance with 1115.2-1724; 15.2-1726; 15.2-1730; 15.2-1730.1 and 15.2-1736 of the Code of Virginia, as amended. Law enforcement officers of any party who might be casually present in any other jurisdiction shall have power to apprehend and make arrests only in such instances wherein an apparent immediate threat to public safety precludes the option of deferring action to the local law enforcement agency. 11. All law enforcement officers, agents and other employees of the parties to this Agreement who are acting pursuant to this Agreement shall have the same powers, rights, benefits, privileges and immunities in each other's jurisdiction, including the authority to make arrests in each other's jurisdiction. 12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all immunities from liability enjoyed by the parties within their boundaries shall extend to their participation in rendering assistance outside their boundaries pursuant to this Agreement. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered the jurisdictional boundaries of the party requesting assistance. Law Enforcement Mutual Aid Agreement January 1,2020 Page 4 of 7 13. All pension, relief, disability, worker's compensation, life and health insurance and other benefits enjoyed by said law enforcement officers or personnel as employees of their respective jurisdictions shall extend to the services they perform under this Agreement outside their respective jurisdictions. Each party agrees that the provisions of these benefits shall remain the responsibility of the employing party. 14. Each party agrees that, in activities involving the rendering of assistance to another party pursuant to this Agreement, each party shall waive any and all claims against all other parties hereto which may arise out of their activities outside their respective jurisdiction. 15. The parties shall not be liable to each other for reimbursement for injuries to law enforcement officers or personnel, or damage to equipment incurred when going to or returning from another jurisdiction, except to the extent that reimbursement for such expenses may be or is received from the Federal Emergency Management Agency (FEMA) or another governmental agency. Neither shall the parties be liable to each other any other costs associated with, or arising out of, the renderingof assistance pursuant to this Agreement, except to the extent that reimbursement for such expenses may be or is received from FEMA or another governmental agency. 16. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual law enforcement services between the parties. 17. Any of the parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other parties. Law Enforcement Mutual Aid Agreement January 1, 2020 Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective city manager, county administrator, town manager, or sheriff; the official seal of each city, county and town affixed hereto and attested by their respective city, county, or town clerk, and indicating thereafter the ordinance or resolution authorizing the execution. Sheriffs may attest by Notary Public. CITY OF VIRGINIA BEACH BY: City Manager ATTEST: City Clerk Res olution/Ordinance #: Adopted On: Law Enforcement Mutual Aid Agreement January 1,2020 Page 6 of 7 ADDITIONAL SIGNATURE PAGES FOR OTHER JURISDISCITONS HAVE BEEN OMITTED FROM THE COUNCIL PACKAGE Law Enforcement Mutual Aid Agreement January 1, 2020 Page 7 of 7 DEFINITIONS OF KEY TERMS 1. Event — an incident requiring a law enforcement response that exceeds the equipment and/or personnel resources of the member's Police Department. 2. Mutual Aid Agreement — An agreement between nineteen (19) localities and sheriffs to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's law enforcement department. The Agreement also provides arrest authority for officers responding to the requesting jurisdiction's locality, and allows arrest authority for officers present in another's jurisdiction in the event of an immediate threat to public safety. 3. Nature — Outlines the procedures for the City of Virginia Beach to provide and receive law enforcement manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term — This Agreement is effective upon execution, and may be terminated without cause upon thirty (30) days written notice by either party. This Agreement mirrors and will rescind the 2012 Agreement upon execution. 5. Insurance — Insurance requirement are met through the City of Virginia Beach's self-insurance program administered by Risk Management. cN CITY OF VIRGINIA BEACH AGENDA ITEM } ITEMS: A Resolution to Amend the Cost Allocation Agreement Between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach, and the Transportation District Commission of Hampton Roads MEETING DATE: June 16, 2020 • Background: On May 4, 1999, the City Council voted to authorize the City Manager to execute the Cost Allocation Agreement ("the CAA") between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, Virginia Beach, and the Transportation District of Hampton Roads. The CAA is the governing document of Hampton Roads Transit ("HRT") and can only be amended by the unanimous agreement of all parties involved. In the 2020 session of the Virginia General Assembly enacted legislation (2020 Acts of the Assembly chs. 1241 and 1281) providing dedicated transit funding for the Hampton Roads region by creating the Hampton Roads Regional Transit Program Fund (the "Fund"). The Fund is intended to provide financial support for "the development, maintenance, improvement, and operation of a core and connected regional network of transit routes and related infrastructure, rolling stock, and support facilities, to include the operation of a regional system of interjurisdictional, high-frequency bus service, in a transportation district in Hampton Roads." The Fund is managed by the Hampton Roads Transportation Accountability Commission ("HRTAC"). The legislation requires the dedicated funding be provided to an entity created pursuant to the Transportation District Act of 1964. Hampton Roads Transit qualifies under this provision. There are three funding mechanisms supporting the Fund. The first, and most important for this item, is a rededication of recordation taxes that would otherwise go to participant cities. This tax previously had been provided to the cities and counties throughout the Commonwealth based upon the amount generated in each locality. Under the aforementioned Acts of Assembly, however, the cities of Hampton Roads within a transportation district authorized under the Transportation District Act of 1964, inclusive of Virginia Beach, lost their eligibility to directly receive a portion of the Commonwealth's share of the recordation tax. In FY 2019-20, Virginia Beach is scheduled, according to the Virginia Department of Taxation, to receive $1,994,172 through this financial assistance to localities. As a region, the six cities were scheduled to receive $4,949,890 of the Commonwealth's share of the recordation tax. Beginning in FY 2020-21, each city will receive $0. The other two funding mechanisms are an increase in the recordation tax and a regional transient occupancy tax. The regional transient occupancy tax was delayed until May 2021. Following the adoption of the Acts of Assembly, as a likely beneficiary of the legislation, HRT committed to adjusting its FY 2020-21 preliminary budget to hold the cities harmless for the loss of their portion of the recordation tax. This will be done in two steps. First, the cities maintain funding of HRT at the July 1, 2019 budget level. This will regionally achieve $1.8 million of savings from the preliminary HRT FY 2020-21 budget. To achieve the goal of the full $4.9 million, HRT must be able to carry-forward FY 2019-20 surpluses into FY 2020-21 and be able to strategically re-allocate traditional forms of federal and Commonwealth assistance to ensure that each city is held harmless. Presently, the CAA does not permit carry-forwards, and it only authorizes HRT to program federal and Commonwealth assistance based on actual service operated. To deviate from these guidelines, the CAA must be amended. Accordingly, at its May 28, 2020 meeting, the Commissioners of the Transportation District of Hampton Roads, by a unanimous vote, adopted the attached resolution and requested that the councils of the member cities consider it for adoption. This resolution amends the CAA and authorizes HRT to carry-forward FY 2019-20 surpluses in the amount of the residual recordation tax loss ($3.1 million) into the next fiscal year. The resolution then provides HRT with a mechanism to strategically allocate the $3.1 million to each city equal to the remaining amount necessary to ensure that each city's allocation offsets the city's recordation tax loss. This authorization is for one year only, at which point the CAA will automatically revert to its prior language. • Considerations: This resolution must be agreed upon by every city in HRT's service area to become effective. If any city refuses to adopt the resolution, the CAA will remain as is. There are no other alternatives to hold the member cities harmless for the loss of recordation tax at this time. If not adopted, each city's HRT budget will revert to previously agreed upon amounts for service in FY 2020-21. The City budget adopted by Council on May 12, 2020, used a lower HRT appropriation amount that is dependent upon being held harmless for the loss of dedicated recordation taxes. Should the resolution not be approved by all participant cities, the City will need to find additional funds of no less than $1 .5 million for services to be provided in FY 2020- 21. The City does not presently have an alternative funding source. • Public Information: Normal Council agenda process. The June 9, 2020, briefing will be broadcast on VBTV, Facebook Live, and the City's webpage. Information was also provided to the Council and the public via the Friday Packets of April 24 and May 22, 2020 and through a City Manager's Briefing on June 9, 2020. • Recommendations: Adopt the attached resolution. • Attachments: Resolution, Exhibit 1 Recommended Action: Approval Submitting Department/Agency: Department of Planning and Community Development, Transportation City Manager: T[_ 1 A RESOLUTION TO AMEND THE COST 2 ALLOCATION AGREEMENT BETWEEN THE CITIES 3 OF CHESAPEAKE, HAMPTON, NEWPORT NEWS, 4 NORFOLK, PORTSMOUTH, VIRGINIA BEACH, AND 5 THE TRANSPORTATION DISTRICT COMMISSION 6 OF HAMPTON ROADS 7 8 WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk, 9 Portsmouth, and Virginia Beach (collectively, the "Participating Cites") and the 10 Transportation District Commission of Hampton Roads ("HRT") are parties to the Cost 11 Allocation Agreement, effectively dated October 1, 1999 ("Allocation Agreement"); 12 13 WHEREAS, the Allocation Agreement, among its other provisions, defines how 14 state and federal funding received by HRT is allocated to the Participating Cities for the 15 capital and operating costs associated with acquiring, consolidating, rehabilitating, 16 operating and expanding public transportation facilities and services for the Hampton 17 Roads region; 18 19 WHEREAS, the Allocation Agreement currently requires HRT to distribute its 20 eligible federal and state funding to each Participating Cities on a pro rata basis based on 21 the annual cost to provide transit services and the level requested by each Participating 22 City; 23 24 WHEREAS, the Hampton Roads Regional Transit Program and Fund ("Fund") was 25 established pursuant to Virginia Code § 33.2-2600.1 for the purpose of helping to provide 26 a modern, safe, and efficient core network of transit services across the Hampton Roads 27 region. The Fund provides financial support for the development, maintenance, 28 improvement, and operation of a core and connected regional network of transit routes 29 and related infrastructure, rolling stock, and support facilities, to include the operation of 30 a regional system of interjurisdictional, high-frequency bus service; 31 32 WHEREAS, the Fund is funded, in part, by real estate recordation taxes pursuant 33 to Virginia Code § 58.1-816 ("Recordation Tax"); 34 35 WHEREAS, prior to the establishment of the Fund, the City of Virginia Beach 36 received a portion of the Recordation Tax from the Commonwealth of Virginia; 37 38 WHEREAS, the loss of revenue from the reallocation of the Recordation Tax has 39 created an ongoing financial burden on the City of Virginia Beach; 40 41 WHEREAS, HRT may help all Participating Cities mitigate this adverse financial 42 impact by strategically allocating its eligible state and federal funding; 43 44 WHEREAS, the current Allocation Agreement does not permit HRT to strategically 45 allocate its state and federal funding amongst the Participating Cities; 46 WHEREAS, the Allocation Agreement may be amended, via a resolution from 47 each Participating City, to permit HRT to strategically allocate its eligible state and federal 48 funding; and 49 50 WHEREAS, the City of Virginia Beach desires to modify and amend the Allocation 51 Agreement so that HRT may help mitigate adverse financial impacts to the City and the 52 other Participating Cities from the date of this Resolution until June 30, 2021. 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA, THAT: 56 57 1 . Beginning July 1 , 2020 and continuing until June 30, 2021 ("Hold Harmless 58 Period"), which corresponds with HRT's fiscal year 2021, HRT is authorized to 59 strategically allocate its available and eligible federal and state funding, to the City 60 of Virginia Beach in such a manner as to first offset the loss of recordation tax 61 revenue to the City of Virginia Beach as a result of Virginia Code § 58.1-816. 62 During the Hold Harmless Period, the City of Virginia Beach will support HRT as 63 the transportation district in the Hampton Roads region to receive moneys from the 64 Fund. The Fund shall, in accordance with all applicable statutes, be administered 65 by the Hampton Roads Transportation Accountability Commission ("HRTAC") for 66 the purpose of the development, maintenance, and improvement of a core regional 67 network of transit routes and related infrastructure, rolling stock, and support 68 facilities with high frequency bus service in the Hampton Roads region. 69 70 2. During the Hold Harmless Period, the City agrees to modify the Allocation 71 Agreement, Article IX, Allocation of Revenues, sections (D) and (E) shall be 72 deleted and replaced as follows: 73 74 Article IX. Allocation of Revenues 75 [* * *] 76 D. Federal funds received to reimburse net eligible operating 77 expenses will be strategically allocated to each Participating City. 78 Eligible federal funds, in combination with eligible state funds, will be 79 allocated on an annual basis, in such combinations and amounts to 80 be determined by the Commission. Subject to the requirements of 81 Article X, and in the event eligible federal funds are available, such 82 funds will be allocated to the Participating Cities to offset any 83 deficiencies between the estimated Local Share in each Participating 84 City TSP and the actual Local Share determined by the Commission 85 at the end of each of the fiscal year. 86 87 E. State funds received to reimburse net eligible operating expenses 88 will be strategically allocated to each Participating City. Eligible state 89 funds, in combination with eligible federal funds, will be allocated on 90 an annual basis, in such combinations and amounts to be 91 determined by the Commission. Subject to the requirements of 92 Article X, and in the event eligible state funds are available, such 93 funds will be allocated to the Participating Cities to offset any 94 deficiencies between the estimated Local Share in each Participating 95 City TSP and the actual Local Share determined by the Commission 96 at the end of the fiscal year. 97 98 3. During the Hold Harmless Period, the City agrees to modify Article X, Calculation 99 of Local Share of Operating Costs, of the Cost Allocation Agreement and add new 100 section (C) as follows: 101 102 Article X. Calculation of Local Share of Operating Costs 103 [* * *] 104 C. The fiscal year of the Commission shall begin on July 1 and 105 conclude on June 30. On or before June 30, 2020, the Commission 106 shall allocate available and eligible federal and state funding to each 107 Participating City in such a manner as to first offset the loss of 108 recordation tax revenue to a Participating City as a result of Virginia 109 Code § 58.1-816. The offset amount for each Participating City will 110 be equal to the amounts stated in the table attached to this 111 Agreement as Exhibit 1 ("Recordation Offset"). The Recordation 112 Offset for each Participating City shall be retained in full by the 113 Commission and applied in its entirety to the budgeted total local 114 share of Local Funds for that Participating City, as stated in the 115 Participating City TSP for FY2021 . 116 117 In the event the actual total local share of Local Funds is less than 118 the budgeted total local share of Local Funds for a Participating City, 119 after the application of the Recordation Offset, in FY2021 ("Surplus"), 120 then such Surplus shall be refunded in full by the Commission to that 121 Participating City on or before August 1, 2022. 122 123 In the event the actual total local share of Local Funds, exceeds the 124 budgeted total local share of Local Funds for a Participating City, 125 after the application of the Recordation Offset, in FY2021 ("Deficit"), 126 then such Deficit shall be paid in full by the Participating City to the 127 Commission on or before August 1 , 2022. 128 129 As long as a Participating City receives a Recordation Offset from 130 the Commission, such Participating City shall support the 131 Commission as the transportation district in the Hampton Roads 132 region to receive moneys from the Hampton Roads Regional Transit 133 Program and Fund (Fund) established pursuant to Virginia Code § 134 33.2-2600, as may be amended from time to time. 135 136 4. Except for the obligation for the Commission to pay any surplus to the City of 137 Virginia Beach or the City to pay any deficit to the Commission by August 1, 2022, 138 on July 1, 2021, all amendments to the Allocation Agreement contemplated by this 139 Resolution shall automatically terminate, be deleted from the Allocation Agreement 140 and of no further effect without the need of further action by any party to the 141 Allocation Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 14 '4"-JLTZt,t, .(/(7 Budget and Management Services City Attorneys Office CA15083 R-1 June 1, 2020 / ' N q.C., CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Set Aspirational Goals for Woman-Owned and Service-Disabled Veteran-Owned Business Participation in City Contracts MEETING DATE: June 16, 2020 ■ Background: In 1995, in furtherance of City Council's commitment to its established policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that minority-owned businesses are made aware of City contracting opportunities. At the same time, Council created the Minority Business Council (°MBC"). Among other things, the MBC was tasked with providing advice and information to City Council regarding minority participation in City contracts. In coordination with the MBC, the City Council adopted a resolution in 2008 setting an aspirational goal of 10% for minority-owned business participation in City contracts. Early in 2019, the City received the results from a Disparity Study (the "Study"). Among other findings, the Study found the appropriate goal for minority-owned business participation should be 12%. At its March 15, 2019, meeting, the MBC unanimously voted in favor of supporting a resolution to move the City's aspirational goal to 12%. The City Council subsequently adopted resolution in April, 2019, to move the City's aspirational goal for minority-owned business participation to 12%. The Study also provided findings regarding the availability of woman-owned and service-disabled veteran-owned businesses based on the representation of such businesses in the relevant market. The availability of women-owned businesses is 13.3%, and the availability of service-disabled veteran-owned businesses is 11.9%. Considerations: The attached resolution reinforces the Council's commitment to equal opportunity and nondiscrimination in procurement, and it reaffirms the City's policy of encouraging the participation of all businesses in City procurement activities. To that end, the resolution establishes aspirational goals for women-owned businesses at 13.3% and service-disabled veteran-owned businesses at 11.9%. The resolution further directs the City Manager to make an annual report to the Council providing the fiscal year award amounts in furtherance of the Council's goal for minority-owned, woman-owned, and service-disabled veteran-owned businesses. ■ Public Information: Normal Council Agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Department of Financf&W — City Manager: // L 1 A RESOLUTION TO SET ASPIRATIONAL GOALS 2 FOR WOMAN-OWNED AND SERVICE-DISABLED 3 VETERAN-OWNED BUSINESS PARTICIPATION IN 4 CITY CONTRACTS 5 6 WHEREAS, City Council is committed to the City's established policy of equal 7 opportunity and nondiscrimination in procurement, and supports economic advancement 8 for all of its citizens; 9 10 WHEREAS, City Council reaffirms the City's policy of encouraging the participation 11 of all businesses in City procurement activities; 12 13 WHEREAS, in April 2019, City Council re-established its aspirational goal for 14 minority-owned business participation in City contracts at 12% based on the results of the 15 City's first Disparity Study; 16 17 WHEREAS, the Disparity Study also provided findings regarding the availability of 18 woman-owned and service-disabled veteran-owned businesses based on the 19 representation of such businesses in the relevant market, which would be the basis for 20 setting an aspirational goal for the participation of woman-owned and service-disabled 21 veteran-owned businesses in City contracts; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That City Council hereby sets the City's aspirational goal for woman-owned 27 business participation in City contracts at 13.3% and service-disabled veteran-owned 28 business at 11.9%. 29 30 BE IT FURTHER RESOLVED: 31 32 That, in addition to the previous requirements placed upon the City Manager to 33 report annual contract award reports in furtherance of the 12% aspirational goal for 34 minority-owned business participation, the City Manager shall make an annual report to 35 the Council providing the fiscal year award amounts in furtherance of the aspirational 36 goals for woman-owned and service-disabled veteran-owned business participation in 37 City contracts. Adopted by the City Council of the City of Virginia Beach, Virginia, this _ day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ______ - Finance Department City ttor ey's Office CA15054/R-1/April 20, 2020 kc( CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Direct the City Manager to Undertake Local Certification of Small Businesses for Purposes of Small, Woman-, Minority-, and Service- Disabled Veteran-Owned Business Initiatives and to Amend the City Code Definition of SWaM Certified Small Business MEETING DATE: June 16, 2020 • Background: In 1995, in furtherance of City Council's commitment to its established policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that minority-owned businesses are made aware of City contracting opportunities. Early in 2019, the City received the results from a Disparity Study (the "Study"). The findings of the Disparity Study were based on a certification process that was not reliant upon the Commonwealth certification of SWaM businesses through the Department of Small Business and Supplier Diversity. Rather, the Study consultant, BBC Research, used a self-certification process. In an effort to maximize certification opportunities, the City desires to implement local certification in addition to, or as an alternative to, the state level certification. • Considerations: The attached ordinance includes two actions to expand SWaM certification. First, the ordinance directs the City Manager to undertake a local certification program. As required by state law, a business is not required to have local certification if that business has state certification. Second, the ordinance amends the definition in the City Code of "SWaM certified small business" to include businesses with either state or the local certification. This action is consistent with the findings of the Study. • Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Finance ' City Manager: /1 1 AN ORDINANCE TO DIRECT THE CITY MANAGER 2 TO UNDERTAKE LOCAL CERTIFICATION OF 3 SMALL BUSINESSES FOR PURPOSES OF SMALL, 4 WOMAN-, MINORITY-, AND SERVICE-DISABLED 5 VETERAN-OWNED BUSINESS INITIATIVES AND 6 TO AMEND THE CITY CODE DEFINITION OF SWAM 7 CERTIFIED SMALL BUSINESS 8 9 WHEREAS, the City Council is committed to the City's established policy of equal 10 opportunity and nondiscrimination in procurement, and supports economic advancement 11 for all of its citizens; 12 13 WHEREAS, the City Council reaffirms the City's policy of encouraging the 14 participation of all businesses in City procurement activities; 15 16 WHEREAS, the Disparity Study also provided findings regarding the availability of 17 small, woman-, minority- and service-disabled veteran-owned businesses ("SWaM"); 18 19 WHEREAS, the findings of the Disparity Study were based on a certification 20 process by the consultant, BBC Research, that used a self-certification process that was 21 not reliant upon the Commonwealth certification of SWaM businesses through the 22 Department of Small Business and Supplier Diversity; 23 24 WHEREAS, to maximize certification opportunities, the City desires to implement 25 local certification in addition to, or as an alternative to, state certification. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 1. The the City Council hereby directs the City Manager to undertake a local certification 31 of small, woman-, minority- and service-disabled veteran-owned businesses. This 32 local certification shall not be required of any business that has a certification from the 33 Virginia Department of Small Business and Supplier Diversity or a successor 34 department or agency. 35 36 2. The § 2-224.1 of the City Code is hereby amended and reordained as follows: 37 38 Sec. 2-224.1 — Definitions. 39 40 For purposes of this subsection, the following words shall have the meanings 41 ascribed to them in this section: 42 43 .... 44 45 SWaM-certified small business means a small business that has been certified by 46 the Virginia Department of Minority Businec Enterprises Small Business and 47 Supplier Diversity or a successor department of the Commonwealth. SWaM- 48 certified small business may also mean a business that has been certified by the 49 City's small business office. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department City omey's Office CA15090 R-1 June 5, 2020 1 cIT ' 1 `,kti4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add City Code Section 2-224.14 to Remedy a Statistically Significant Disparity between the Availability and Utilization of Minority-owned Businesses by Enacting a Project Goals Program MEETING DATE: June 16, 2020 ■ Background: In 1995, in furtherance of City Council's commitment to its established policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that minority-owned businesses are made aware of City contracting opportunities. At the same time, Council created the Minority Business Council ("MBC"). Among other things, the MBC was tasked with providing advice and information to City Council regarding minority participation in City contracts. Early in 2019, the City received the results from a Disparity Study (the "Study"). Among other findings, the Study found the appropriate goal for minority-owned business participation should be 12%, which the Council addressed in April by setting a City-wide contracting aspirational goal of 12%. Another recommendation was for the City to pursue "race-/gender-conscious goals" to remedy significant disparities between the availability and utilization of certain minority-owned businesses with a "project goal" initiative. The concept of project goals is to provide a review of construction contracts with a project size of more than $5,000,000 to determine if there are opportunities for meaningful minority-owned business subcontracting. The applicable goal for each project will be determined by the subcontracting and trade work required for the project. For example, vertical construction (buildings) may offer more varied trade work than horizontal construction (roads). Because the Study found that there is a significant disparity in construction only for Asian American-owned, Black American-owned, and Hispanic American-owned businesses, the minority-owned businesses that would be given enhanced opportunities would be limited to these groups. • Considerations: The General Assembly permits a locality to enact a racially conscious remedial measure if the City finds a significant disparity between availability and utilization exists. The statistical analysis provided by the Study supports the City enacting a project goals program, and the recommendation is based on the City's previous attempts to enact race-neutral programs without success in eliminating the significant disparity. This ordinance includes a sunset provision that is keyed to five years after the study period, which is in accordance with durational guidance for implementing race-conscious remedial efforts. The City could extend this sunset if it has an updated study that supports the continuation of the remedial measure. The additional review of these construction projects will create an additional administrative burden on existing SWaM and Purchasing staff, create longer lead times for construction solicitation, and may increase costs. To keep Council informed regarding this initiative, the ordinance directs the Purchasing Agent to make quarterly reports to the Council providing the project goal for all construction bids in excess of $5,000,000 and the results of the bids, including the proposed minority-owned business subcontracting. • Public Information: Normal Council Agenda process. ■ Attachments: Resolution; Exhibit A (Construction Availability and Utilization Report) Recommended Action: Approval WA Submitting Department/Agency: Department of Finance City Manager: 1-0tL- 1 AN ORDINANCE TO ADD CITY CODE SECTION 2- 2 224.14 TO REMEDY A STATISTICALLY 3 SIGNIFICANT DISPARITY BETWEEN THE 4 AVAILABILITY AND UTILIZATION OF MINORITY- 5 OWNED BUSINESSES BY ENACTING A PROJECT 6 GOALS PROGRAM 7 8 SECTION ADDED: § 2-224.14 9 10 WHEREAS, the City completed a Disparity Study, and the results were 11 provided to City Council in January of 2019; 12 13 WHEREAS, the Disparity Study found a statistically significant disparity 14 between the availability and utilization in construction for Asian American-owned, 15 Black American-owned, and Hispanic American-owned businesses; 16 17 WHEREAS, the Virginia Code provides authority for the City to enact a 18 racially conscious remedial measure if there is a persuasive analysis that 19 documents a statistically significant disparity between the availability and utilization 20 of minority-owned businesses; 21 22 WHEREAS, the racially conscious measure described herein is intended to 23 be tailored to included only those subgroups of minority-owned businesses for 24 which the Disparity Study found a substantial disparity between availability and 25 utilizations. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 1 . That the City Council accepts the findings of the Disparity Study that 31 there is a statistically significant disparity between the availability and utilization in 32 construction for Asian American-owned, Black American-owned, and Hispanic 33 American-owned businesses, which are set forth in the attached Exhibit A, and is 34 incorporated herein, and, accordingly, the City Council accepts the 35 recommendation of the Disparity Study to implement race-conscious project goals 36 for construction projects. 37 38 2. That in furtherance of the above-stated desire and intent of the City 39 Council, the following section of the Code of the City of Virginia Beach shall be 40 added as follows: 41 42 Chapter 2. ADMINISTRATION 43 44 ARTICLE VI. FINANCE 45 . . . . l 46 47 Section 2-224.14. —Project Goals—Construction. 48 49 (a) For a solicitation to purchase construction services with an estimated value 50 of more than five million dollars ($5,000.000), the Purchasing Agent or 51 designee shall review the anticipated scope of work to make a 52 determination as to whether there are sufficient subcontracting 53 opportunities for meaningful minority-owned business project goals. In the 54 setting of a project goal.the term`minority-owned business-shall mean only 55 businesses owned by Asian Americans. Black Americans. and Hispanic 56 Americans. In the development of the solicitation. the Purchasing Agent or 57 designee in consultation with the City's SWaM Business Office shall use the 58 same or substantially_similar Goal-setting methodology as is utilized in the 59 federal Urban Construction Initiative. 60 (b)The project goal for the solicitation shall be a requirement for a responsive 61 bid. Alternatively, a bidder may seek a waiver from the project goal 62 requirement by submission of good faith efforts. The review of the request 63 for a waiver shall use the same factors as set forth in § 2-224.2. Any 64 determination of good faith efforts as a waiver shall be reduced to writing 65 and made a part of the procurement record. 66 (c) For purposes of classification as a minority-owned business for purposes of 67 this section.the City shall allow certification through the Virginia Department 68 of Small Business and Supplier Diversity or certification through the City's 69 SWaM Business Office. 70 (d)The requirements of this section shall not apply to emergency procurements 71 nor projects that include federal disadvantaged business enterprise 72 requirements or similar requirements. 73 (e)The Purchasing Agent shall provide quarterly reports to the City Council of 74 all construction bids in excess of$5 million, the project goal for each 75 solicitation_ and the results of the bids for such contracts. including the 76 proposed minority-owned business subcontracting. 77 78 3. This ordinance shall expire on June 30, 2024, and Section 2-224.14 79 shall be repealed effective June 30, 2024. Adopted by the Council of the City of Virginia Beach,Virginia,on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department 's Office CA15053 / R-1 April 20,2020 2 in z c1nnny +l o c o 0 0 0 04 '0 �.. .- ►+ f- �.+ .� �+ .r d > 3 > 3 c :^0 V O1 A W N .+ O .0 00 V O1 V1 A W N. r '^ y1 'e 'e '� N aD ^ $ C D N GI a22 .n ° T a 3 N 3 n N ° A N ° 'o m K z D 3 z S A A d y ? °+ C •Z S W a. j j g c Z S 00 H j j Og j c . z V n .i s o' d 3 33 3 co 6 <' v x 67 d o S A = <' v n o a. 2 • N j D 3 6 N n 1,,, 3. R .° 0 D n' 3 D o d . £ D n 3 3 0 d 0 0 nog N ° c m ? 'a 3 3 3 o m * R. n 3 3 3 o o a n' E N w 2 N b - n m m C d n F 3 d ° � e^. E 5 n m d d a f 5 ^�1 7 p • .0 i O O d 7. 7 7 N - O 0. n 7 7 ? d R S1 00 3 * , m ,2 0 f F a f 7 0 3 £ E f 0 0 c d c 3 , N ° • 0 * o > > o o f o > o o E a n�. a c M 0. A N d M 0. a a 3 a c D 'N" a a `Z * n roa p o v '� q N n D D 3 A o m d 3 . a ▪ O o d C > > d K 3 v 3 0 :• E o A E . 0 , °1 R £ - o ► d 0. re z c aaC3n� W f° » 3 'z. G 2 N W W J N A A pp .43 3 d 0 O W ^ .... W N N I+ 00 0 W W to 1.1 0 CO 00 A ' p) N 1O IN V 1/40 ..0 01 V V ‘. I-.W tO V t0 0 . V. 01 V. N ( G B m• .n £ f 3 d O R d ° M ^ 0d l+J £ v' 7.T H N a N 1A .12 ypf yN1 N to to Fes+ A 0�1 N c 0 a .°i a '�-+ N O1 H O A O N H V1 C1 1+ W 00 F+ V1 0. d » o V0 00 W V .. 01 .- N 0 CO pp F. V 12 l0 0• N ° A V. J 01 N 01 CO CO V to 0 V1 V 01 to '0 A J a ' 3 3 A W to CO CO .0 W .� A V 00 01 - to W 00 t0 f... ao cr S C..';' ° ,C L0' G j N 011 N O P A tnn at 1-. W 00 �11�-p. ttn d O_d l' 00 3• m ^ 4.4 J ID N 0Vo 00 00 V 41 No F+ In OV N t0 A V a (0 £ c z tr t$ to O to W ... .D V W A to W 00 .0 :°1 a oW 0 • w S _ c £ 01 0 3 $ 5v m ° ° v c c m 0 3 ? ory 7 a O O ►' O ►. 00 O O .-• N O N tO .+ j y a ,,..1 d o O C1 N - t0 to A O O W N in W 00 � O". • O d N E ° j 0) 3 -A A " A 0' E 5 N m -. .0 G O O d Q N .. r �i O N M .+ O .° .O f0 y N ^ O 0 00 V 0' N O1 OD ,, _0' M b 00 J (o K ^' O °w A _ 0 3. d 3 £ O ° D C ac w a�i .. • E y C 0o A A -'+ o c E o 0 i A d m 93 O F+ a V A P.) N A 01 ..0Val'O00 a. C CO 1n 00 in A In x M 0 O a+ rrt. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add City Code Sections 2-224.12 and 2-224.13 to Further the City's Enhancement Program for Small Businesses, Including Minority-Owned, Service-Disabled Veteran-Owned and Woman-Owned Businesses MEETING DATE: June 16, 2020 • Background: In 1995, in furtherance of City Council's commitment to its established policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that minority-owned businesses are made aware of City contracting opportunities. At the same time, Council created the Minority Business Council ("MBC"). Among other things, the MBC was tasked with providing advice and information to City Council regarding minority participation in City contracts. Early in 2019, the City received the results from a Disparity Study (the "Study"). Among other findings, the Study found the appropriate goal for minority-owned business participation should be 12%, which the Council addressed in April, 2019, by setting a City-wide contracting aspirational goal of 12%. Another recommendation was for the City to pursue a "sheltered bidding" initiative. The concept of sheltered bidding is to provide a request for quote or an invitation to bid wherein the eligible bidders are restricted to Small, Woman, and Minority (SWaM) certified small businesses. For construction, the project size is between $25,000 and $500,000. For goods and services, the contract size is between $10,000 and $100,000. Small purchase procedures address solicitations below the $25,000 and $10,000 thresholds and include provisions for solicitations among SWaM-certified small businesses. A draft of this ordinance was passed out to the Council by Councilmember Rouse at the October 15, 2019, workshop session. • Considerations: The General Assembly permits the City to undertake a small business enhancement program if the City can establish a rational basis for such program. The statistical analysis provided by the Study supports the City furthering existing efforts to provide enhanced opportunities for participation in City contracting, including a sheltered bidding initiative. The additional review of these solicitations will create an additional administrative burden on existing SWaM and Purchasing staff. Sheltered bidding may also increase the costs of certain goods and services as competition is limited to certain vendors. • Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Finance City Manager: / ""1-- 1 AN ORDINANCE TO ADD CITY CODE SECTIONS 2- 2 224.12 AND 2-224.13 TO FURTHER THE CITY'S 3 ENHANCEMENT PROGRAM FOR SMALL BUSINESSES, 4 INCLUDING MINORITY-OWNED, SERVICE-DISABLED 5 VETERAN-OWNED AND WOMAN-OWNED BUSINESSES 6 7 SECTIONS ADDED: §§ 2-224.12 & 2-224.13 8 9 WHEREAS, in 1995, in furtherance of the City Council's commitment to the City's 10 established policy of equal opportunity and nondiscrimination in City procurement, City 11 Council enacted City Code provisions to help ensure that small, minority-owned, and 12 woman-owned ("SWaM") businesses are made aware of City contracting opportunities 13 and are encouraged to compete for City contracts; 14 15 WHEREAS, also in 1995, City Council created the region's first and, with the 16 possible exception of Hampton, only Minority Business Council ("MBC") to (1) advise 17 City Council and the City Manager on policy issues including the City's efforts to 18 encourage the participation of minority-owned businesses and small and woman-owned 19 businesses; (2) conduct educational and training programs to promote the involvement 20 of such businesses in City procurements; (3) serve as a forum for the development of 21 awareness of such businesses in City procurements; and (4) provide annual reports to 22 City Council on the City's progress in achieving greater participation of such businesses 23 in City contracts; 24 25 WHEREAS, since that time, the volunteer members of the MBC have worked 26 vigilantly and tirelessly with City staff to develop and implement a variety of initiatives to 27 increase minority participation in City procurement, with positive results; 28 29 WHEREAS, the City completed a Disparity Study, and the results were provided 30 to City Council in January of 2019; 31 32 WHEREAS, the Council has subsequently increased its aspirational goal for 33 minority contracting to 12% to align with the results of the Disparity Study; 34 35 WHEREAS, at the oral presentation of the findings of the Disparity Study, 36 Sameer Bawa of BBC Consulting recommended that the City review a sheltered bidding 37 program for small construction contracts and small goods and services contracts; 38 39 WHEREAS, the Virginia Code provides authority for the City to enact a small 40 business enhancement program; 41 42 WHEREAS, a small business enhancement program would enhance small 43 businesses including minority-, woman-, and service-disabled veteran-owned 44 businesses, and also likely would be beneficial to locally owned businesses; 45 1 46 WHEREAS, the proposed addition to the small business enhancement program 47 will allow the City's efforts to be targeted to prime contracting in addition to the current 48 subcontractor program; and 49 50 WHEREAS, the City's MBC endorsed the sheltered bidding program that is set 51 forth herein. 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 56 1. That the City Council finds there is a rational basis to enhance the 57 participation of SWaM-certified small businesses, including woman-, minority-, and 58 service-disabled veteran-owned businesses, in City procurement processes, and that 59 rational basis is supported by the results of the Disparity Study completed in January 60 2019; and 61 62 2. That in furtherance of the above-stated desire and intent of the City 63 Council, the following sections of the Code of the City of Virginia Beach shall be added 64 as follows: 65 66 Chapter 2. ADMINISTRATION 67 68 ARTICLE VI. FINANCE 69 70 71 72 Section 2-224.12. — Sheltered Bidding — Construction. 73 74 (a) For a solicitation to purchase construction services with an expected value of not 75 more than five hundred thousand dollars ($500,000) nor less than twenty-five 76 thousand dollars ($25,000), the Purchasing Agent shall review the anticipated 77 scope of work to make a determination as to whether there are at least three 78 SWaM-certified small businesses willing and able to participate in the 79 procurement solicitation. If the Purchasing Agent finds there are at least three 80 SWaM-certified small businesses willing and able, the Purchasing Agent shall 81 document this finding in writing in the bid file. 82 83 (b) If the finding described in subsection (a) has been made, the invitation to bid 84 shall limit the bidding to SWaM-certified small businesses. In addition to the 85 customary notification methods, the invitation to bid shall be sent to the list of 86 SWaM-certified small businesses maintained by the Purchasing Division for the 87 relevant contracting classification or trade group. If such invitation to bid results in 88 less than two responsive bids, the Purchasing Agent shall cancel the invitation to 89 bid and repeat the bidding process without the SWaM-certified small business 90 limitation. 91 2 92 (c) The requirements of this section shall not apply to emergency procurements. 93 94 Section 2-224.13. — Sheltered Bidding — Goods and Services. 95 96 (a) For a solicitation to purchase of goods or nonprofessional services with an 97 expected value of not more than one hundred thousand dollars ($100,000) nor 98 less than ten thousand dollars ($10,000), the Purchasing Agent shall review the 99 anticipated scope of work to make a determination as to whether there are at 100 least three SWaM-certified small businesses willing and able to participate in the 101 procurement solicitation. If the Purchasing Agent finds there are at least three 102 SWaM-certified small businesses willing and able, the Purchasing Agent shall 103 document this finding in writing in the bid file. 104 105 (b) If the finding described in subsection (a) has been made, the invitation to bid or 106 request for proposals shall limit the bidding to SWaM-certified small businesses. 107 In addition to the customary notification methods, the invitation to bid shall be 108 sent to the list of SWaM-certified small businesses maintained by the Purchasing 109 Division for the relevant vendor type. If such invitation to bid or request for 110 proposals results in less than two responsive bids, the Purchasing Agent shall 111 cancel the invitation to bid or request for proposals and repeat the bidding 112 process without the SWaM-certified small business limitation. 113 114 (c) The requirements of this section shall not apply to emergency procurements or 115 cooperative procurements. 116 117 3. The implementation of this ordinance may be delayed to allow the Finance 118 Department to complete the implementation of a new financial or ERP system, which is 119 intended to be completed in Fiscal Year 2021. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cam- kka_1(1, Finance Department City Aft n y's Office CA13911 R-5/June 4, 2020 f t E i f} CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Add City Code Section 2-224.15 to Further the City's Enhancement Program for Small Businesses, Including Minority-owned, Service- disabled Veteran-owned and Woman-owned Businesses MEETING DATE: June 16, 2020 • Background: In 1995, in furtherance of City Council's commitment to its established policy of equal opportunity and nondiscrimination in City procurement, City Council enacted City Code provisions to help ensure that minority-owned businesses are made aware of City contracting opportunities. At the same time, Council created the Minority Business Council ("MBC"). Among other things, the MBC was tasked with providing advice and information to City Council regarding minority participation in City contracts. Early in 2019, the City received the results from a Disparity Study (the "Study"). Among other findings, the Study found the appropriate goal for minority-owned business participation should be 12%, which the Council addressed in April by setting a City-wide contracting aspirational goal of 12%. Another recommendation was for the City to set a minimum percentage of work to be subcontracted for specific types of contracts where subcontracting or partnership opportunities might exist. An "enhanced subcontracting program" would allow the Purchasing Agent or designee, with input from SWaM staff, to identify all proposed solicitations where enhanced subcontracting is possible. Contracts identified for the enhanced subcontracting program would require all prime contractors to meet or exceed the set threshold for their bids or proposals to be considered responsive. ■ Considerations: The General Assembly permits a locality to undertake a small business enhancement program if the City can establish a rational basis for such program. The statistical analysis provided by the Study supports the City furthering existing efforts to provide enhanced opportunities for participation in City contracting, including an enhanced subcontracting program. The additional review of all solicitations for goods and services will create an additional administrative burden on existing SWaM staff and will create longer lead times for solicitations across the City. • Public Information: Normal Council Agenda process. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Department of Finance City Manager: fiKL, 1 AN ORDINANCE TO ADD CITY CODE SECTION 2- 2 224.15 TO FURTHER THE CITY'S ENHANCEMENT 3 PROGRAM FOR SMALL BUSINESSES, INCLUDING 4 MINORITY-OWNED, SERVICE-DISABLED 5 VETERAN-OWNED AND WOMAN-OWNED 6 BUSINESSES 7 8 SECTION ADDED: § 2-224.15 9 10 WHEREAS, the City completed a Disparity Study, and the results were 11 provided to City Council in January of 2019; 12 13 WHEREAS, the Council has subsequently increased its aspirational goal 14 for minority contracting to 12% to align with the results of the Disparity Study; 15 16 WHEREAS, the Virginia Code provides authority for the City to enact a 17 small business enhancement program; 18 19 WHEREAS, a small business enhancement program would enhance small 20 businesses including minority, woman, and service-disabled veteran owned 21 businesses, and also likely would be beneficial to locally owned businesses; 22 23 WHEREAS, the proposed addition to the small business enhancement 24 program will allow the City to increase subcontracting opportunities, and 25 subcontracting opportunities provide accessible opportunities for small and diverse 26 businesses to participate in City contracting. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 1 . That the City Council finds there is a rational basis to enhance the 32 participation of SWaM-certified small businesses, including woman and minority- 33 owned businesses, in City procurement processes, and that rational basis is 34 supported by the results of the Disparity Study completed in January 2019; and 35 36 2. That in furtherance of the above-stated desire and intent of the City 37 Council, the following sections of the Code of the City of Virginia Beach shall be 38 added as follows: 39 40 Chapter 2. ADMINISTRATION 41 42 ARTICLE VI. FINANCE 43 44 45 1 46 Section 2-224.15. — Enhanced Subcontracting — Construction and Goods 47 and Services Contracts. 48 49 (a)The Purchasing Agent or designee, in consultation with the City's staff that 50 have been trained to assist in the implementation of the City's SWaM 51 program, shall review all proposed construction and goods and services 52 solicitations to seek opportunities for enhanced subcontracting. For those 53 selected contracts. the solicitation shall include a statement designating the 54 contract for enhanced subcontracting and including the requirements of this 55 section. 56 57 (b)A contract selected for enhanced subcontracting shall require, as a matter 58 of responsiveness. that a bidder or offeror subcontract a minimum of 50% 59 percent. by dollar amount of the bid or proposal total. 60 61 (c) The review of good faith efforts described in §§ 2-2242 and 2-224.6 shall 62 apply. All other requirements in § 2-224.3 for construction contracts and § 63 2-224.4 for goods and services contracts shall apply. Adopted by the Council of the City of Virginia Beach,Virginia,on the_____ day of , 2020. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: '_, t :__ c _ 1 Finance Department ;j ttY y's c e CA15055 R-2 April 22, 2020 2 0:14; ),1 I� -74 tit CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend City Code Section 1-12.2 Pertaining to the Courthouse Security Fee Imposed Upon Persons Convicted of Criminal or Traffic Offenses MEETING DATE: June 16, 2020 • Background: City Code § 1-12.2 imposes a $10 fee for courthouse security upon any defendant convicted of a criminal or traffic offense. Earlier this year, the General Assembly amended the state law to allow this fee to be increased to $20. This amendment is effective on July 1, 2020. The last time this fee was increased was May 2007. • Considerations: This ordinance will increase the fee from $10 to $20, effective July 1 , 2020. in Public Information: This ordinance will be advertised in the same manner as other agenda items. • Attachments: Ordinance; 2020 Acts of Assembly c. 602 REQUESTED BY SHERIFF STOLLE 1 REQUESTED BY SHERIFF STOLLE 1 AN ORDINANCE TO AMEND SECTION 1-12.2 2 OF THE CITY CODE PERTAINING TO 3 INCREASE THE COURTHOUSE SECURITY 4 FEE 5 6 SECTION AMENDED: § 1-12.2 7 8 WHEREAS, the General Assembly has increased the maximum amount of fee that 9 may be imposed upon a defendant convicted of a criminal or traffic offense for purposes 10 of courthouse security; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 1. That Section 1-12.2 of the Code of the City of Virginia Beach, Virginia, is hereby 16 amended and reordained to read as follows: 17 18 Section 1-12.2. —Assessment of court costs for the cost of persons admitted to jail 19 following conviction and costs of courthouse security 20 21 .... 22 23 (b) (1) In addition to any other fees prescribed by law, a fee of ten twenty dollars 24 ($10.0020.00) is hereby imposed in each criminal and traffic case in which the 25 defendant is convicted of a violation of any statute or ordinance. The clerks of the 26 district and circuit courts shall charge and collect this assessment as a part of the 27 fees taxed as costs. 28 29 (2)After collection by the clerk of the court in which case is heard, the assessment 30 shall be remitted to the city treasurer and held subject to appropriation by the city 31 council to the sheriffs office for funding courthouse security personnel. 32 33 2. This ordinance shall be effective July 1, 2020. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY: Ci ttorn y's CA15087 R-1 June 3, 2020 VIRGINIA ACTS OF ASSEMBLY -- 2020 SESSION CHAPTER 602 An Act to amend and reenact § 53.1-120 of the Code of Virginia, relating to courthouse and courtroom security; assessment. [S 149] Approved April 2,2020 Be it enacted by the General Assembly of Virginia: 1. That §53.1-120 of the Code of Virginia is amended and reenacted as follows: § 53.1-120. Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment. A. Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption and shall designate deputies for this purpose. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Services. B. The chief circuit court judge, the chief general district court judge and the chief juvenile and domestic relations district court judge shall be responsible by agreement with the sheriff of the jurisdiction for the designation of courtroom security deputies for their respective courts. If the respective chief judges and sheriff are unable to agree on the number, type and working schedules of courtroom security deputies for the court, the matter shall be referred to the Compensation Board for resolution in accordance with existing budgeted funds and personnel. C. The sheriff shall have the sole responsibility for the identity of the deputies designated for courtroom security. D. Any county or city, through its governing body, may assess a sum not in excess of$40 $20 as part of the costs in each criminal or traffic case in its district or circuit court in which the defendant is convicted of a violation of any statute or ordinance. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of criminal and traffic cases originating and heard in the town. The imposition of such assessment shall be by ordinance of the governing body that may provide for different sums in the circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the appropriate county or city and held by such treasurer to be appropriated by the governing body to the sheriffs office. The assessment shall be used solely for the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security. / NIA jt�i s �is�CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2020, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 16, 2020 • Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, the City Council, by ordinance adopted June 23, 1998, added § 33-111 .2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. • Considerations: Because the terms of the current viewers expire on June 30, 2020, it is necessary to appoint viewers for one-year terms beginning July 1, 2020. • Public Information: This ordinance will be advertised as a routine agenda item. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning City Manager: 1-144L_ 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1 , 2020, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-111.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2020 and ending June 30, 2021. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2020 and ending June 30, 2021, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (A- LOCI\- Depart nt of P anning it A orney's Office CA15080 R-1 May 21 , 2020 I (..s...../ .41 e''�,; :it;.)?• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City Property Known as Harbor Canal Located at the Rear of 2309 Leeward Shore Drive. MEETING DATE: June 16, 2020 a Background: Jack H. Lane, Jr. and Gina Lane ("Applicants") have requested permission to maintain an existing bulkhead and pier and to construct and maintain a 6' x 10' floating dock, a 280 sq. ft. dock and a 12' x 12' boatlift (the "Encroachments") at the rear of their property located at 2309 Leeward Shore Drive (GPIN: 2409-19- 0833). The Encroachments would extend 16 feet into a portion of the City's property known as Harbor Canal. ■ Considerations: City Staff has reviewed the requested Encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Harbor Canal which is where the Applicants have requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Location Map and Disclosure Statement Form Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: %Wl 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY 5 PROPERTY KNOWN AS HARBOR CANAL 6 LOCATED AT THE REAR OF 2309 LEEWARD 7 SHORE DRIVE 8 9 WHEREAS, Jack H. Lane, Jr. and Gina Lane ("Applicants") have requested 10 permission to maintain an existing bulkhead and pier and to construct and maintain a 6' x 11 10' floating dock, a 260 sq. ft. dock and a 12' x 12' boatlift(the "Encroachments")at the rear 12 of their property, located at 2309 Leeward Shore Drive (GPIN: 2409-19-0833). The 13 Encroachments would extend approximately 16' into the City's property known as Harbor 14 Canal; and 15 16 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 25 assigns and successors in title, are authorized to construct and maintain the 26 Encroachments in the City's property known as Harbor Canal, as shown on the map 27 entitled: "JOINT PERMIT APPLICATION PROPOSED PIER & BOATLIFT LANE 28 RESIDENCE 2309 LEEWARD SHORE DRIVE VIRGINIA BEACH, VA 23451", containing 4 29 pages, dated January 9, 2020, prepared by Gaddy Engineering Services, LLC, a copy of 30 which is attached hereto as Exhibit A, and to which reference is made for a more particular 31 description; 32 33 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 34 to those terms, conditions and criteria contained in the agreement between the City of 35 Virginia Beach and Jack H. Lane, Jr. and Gina Lane (the "Agreement"), an unexecuted 36 copy of which has been presented to the Council in its agenda, and after execution, will be 37 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 38 Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Jack H. Lane, Jr. and Gina Lane and the City Manager or his authorized 45 designee execute the Agreement. i 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 47 day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA14853 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d019\p035\00627153.doc R-1 June 2, 2020 2 SHEET INFORMATION I VMRC# 1 OF 4 OVERALL SITE,GENERAL TBD E P t S ��i G�- OP v O NORTH Fop �00 0 co�p ��`p9 Q 63, 0) ° O so,N i p G� �02i/��/2 a 1 vpCIG '4Z00 Vv /S/� FBB� li� EyyR , ��Q �° p POOP�I o�\J P� I,"` . ,\� `\ �Ss°75%.- 'QC',/ ciao �QPoe °Or'�� \} 7730o LOCATION MAP 1"=2000' • 0, I LOT-216 MID ATLANTIC ENVIRONMENTAL L.L.C. \r7 ` 1517 MIRASSOU LANE I \ VIRGINIA BEACH,VIRGINIA 23454 FAX(757)496-8744 OFFICE(757)560-5780 SEQUENCE&TIMELINE OF CONSTRUCTION 1.OBTAIN ALL NECESSARY PERMITS O 2.HOLD PRECONSTRUCTION MEETINGS AS NECESSARY b 3.STOCKPILE NEW MATERIAL WITH p EXISTING DRIVEWAY co 0 4.USE CONSTRUCTION ACCESS AS SHOWN II. 0 5.INSTALL NEW PILES.BOAT LIFT,WOOD PIER.& . IIcO FLOATING PIER AM , 6.RESTORE ALL AREAS OF DISTURBANCE IN KIND co • w o •.-.�.��j�j�MP. APPLICANT ADJACENT OWNERS � 0 JACK H.LANE,JR.8 GINA LANE O DANIEL L.BARKER 8 O M �� 2309 LEEWARD SHORE DRIVE KERRI L.WILLIAMS,TRUSTEES ON VIRGINIA BEACH.VA 23451 2305 LEEWARD SHORE DR. (/) Milo VIRGINIA2409-1 BEACH,9-1856 VA 23451 (757)XXX-XXXX GPIN. 0 GPIN:2409-19-0833 �`. ��- Z 3 DANIEL E.VNLLIARD.II LOT-215 �`' ARY LOU WILLIARD MMENEMINNEffil r� 3 LEEWARD SHORE DR. �1 •, IRGINIA BEACH.VA 23451 LOT-217v /GRIN'.2409-09-8991 ,, ' MICHAEL S. GAD, • 'z. o Lic. No. a 28.81' I -o 040754 re S8/6°59'2 "E L=197.84' -P0 2/-09 2Olc- <t" L R=478.25' FS �G\ LEEWARD SHORE DR/VE(50' - SIONAL C- (41B.4BPG. 15) SCALE 1"=40' APPLICANT JOINT PERMIT APPLICATION JACK H.LANE.JR.&GINA LANE GADDY PROPOSED PIER&BOATLIFT 2309 LEEWARD SHORERE DRIVE LANE RESIDENCE VIRGINIA BEACH.VA 23451 ENGINEERING SERVICES,LLC (757)619-7175 2309 LEEWARD SHORE DRIVE GPIN:2409-19-0833 508 N.Birdneck Road.Suite D (757)289-5933 VIRGINIA BEACH,VA 23451 Virginia Beach.VA 23451 mike.gaddy@g SHEET VMRC# 2 OF 4 EXISTING CONDITIONS TBD MID ATLANTIC ENVIRONMENTAL L.L.C. ' 1517 MIR'SSOU LANE ° VIRGINIA BE'7 H,VIRGINIA 23454 �� /� FAX(757)496-871'4 OFFICE(757)560-5780 /�/, • / BOAT(/FT \ P/LE(TIP 1 Feo J �� ,,, .' MI HALS. GAD1 ' z X-'11 • ° Lic. No. a �• ^ tis ° 0 040754 \ ° � o - \�� ' 773 ,-.4. ��c'9iV� ASS/ONAL ��C'\ N. fI I LOT 216 \ 7/' 111 `\ APPROX/MATELOCATION ' i�/ OF FLOOD ZONE LINE AS / SCALED PROM FLRAi \ NQ, \ \ NOZ myy \m -A. TT. X / NX7. \ I POOL / SNEO \ii O \ 0 O \ l 2 awe.k1 \N\. 41 \ T- I A \ O Lor-2s Cl) 44PSM` v,A o 'r ' w Lorl1; o (A N \... , o 2$7tWYFRM/E COO 2 �' Af1.A�7 Z \ •/CK The property DOES fall ..1111.= within a Special Flood Hazard Area as shown on the FEMA NFIP FIRM for cnNc the City of Virginia Beach, DATUM: NAVD88 Virginia,Community Panel MLW=(-)0.8 Number 5155310041G, MHW=1.0 dated January 16,2015. The property falls in Flood Zone(s)X(SHADED)& AE(EL 7) 28 81 P/N(F) 436°59'23" L=197.84' 6 R=4 78.25' LEEWARD SHORE DR/l/E T,FR�,ANNOLE d ,� , HiM=686 P 0 30 6 GADDY 0 LM e�6. c s� Elevations shown are based on the NAVD 1988 datum. ENGINEERING SERVICES.I I C Elevations shown in the water area are actual elevations 508 N.Birdneck Road.Suite D 757)289-5933 SCALE 1"=30' as opposed to depth of water. Virginia Beach,VA 23451 mike.gaddyagmail.com SHEET I VMRCN 3 of 4 I PROPOSED CONDITIONS TBD MID ATLANTIC ENVIRONMENTAL L.L.C. REMOVE PROPOSED REMOVE 1517 MIRASSOU LANE EXISTING-0 s, e'x 10' EXISTING ' VIRGINIA B H,VIRGINIA 23454 PILE FLOATINGDOCK MPROPOSED �LE � �, j, FAX(757)496-87 OFFICE(757)560-5780 '_7,S 280 S.F.DOCK �,, LiCx4TL/FT �: PKE/7YP./ F� , ' HA L . GAD! z • PROPOSED x ' ,o,000LB. Lic. No. �,. I ` 4,66.. ` BOAT LIFT ,3 040754 � CD. o h' '.4( /O�OUZ7/4 \ ' . • 0 ,\ o p \��\ ASS' q�710 ��C-9 O FSS/ONA� �� Is e � I I coraye • • `� APP4O IMA7ELOCAACN / ` CF FL COO ZONE LINEAS V .. SCALED FROM FIRM. \ N TVI POOL --\\ / SHED / O \ \ t \ N O ,..-. A ... • \\ , ,_ , ,l 4p• \ O x ;�;��,,/I� / f\ M �aS aS' �% / \ M LOT•715 N o ai" vNr.i� •• ��• 1, / \ W LOT•117 co v , / N S o \� O ;I / 2-ST47305,ORY r CO 3 2 28.81' P/N/F/ :6°59'23" L=197.84, 6 R=478.25' f` LEEWARD SHORE DRIVE SEWER MANHOLE n (,S48,PGJ R/NHOLE GAD DY 0 30 60 (MLt ee.PG f5J ENGINEERING SERVICES,LLC 508 N.Birdneck Road,Suite 0 (757)289-5933 SCALE 1"=30' Elevations shown are based on the NAVD 1988 datum. Virginia Beach.VA 23451 mike.gaddytgmail.com SHEET VMRCa 4 OF 4 PROPOSED PIER PROFILE&DETAILS TBD Elevations shown are based 5/8"THRU BOLT on the NAVD 1988 datum. DOCK WASHER&NUT ' 2X8 CROSS TIE CROSS TIE&STRINGER TO PILE .t,�q 2X8 STRINGER 2X6 DECKBOARD(TYP.) •�� .aallo A . 16d NAIL(OR#10 SCREW) i- o' FLOATING DOCK I /��,/ DECK BOARD TO STRINGER MICHAEL GAI i z (WOOD DECKING 1��/��/��/ OVER CWI FLOATS) yA �� °' - Lic. NO. ° �� \ -a 040754 ' ;' o�`'' �0 8"PILE 1p�S09-Z(220\ „<v S `'I I FACIA TO SiONAL tf \ 16d NAIL � `�°�' MI STRINGER&PILE ii `I /@O Op0 PROPOSED PIER DETAIL `'..�\.,, qt4 `9F0 SCALE 1"= 10 \�/ lb / i, / ELEVATE PILE `./ CAP 1'(TYP.) �` / \ EX.BUL KHEAD ELEV.=3.4 2X6 DECKBOARD \` to EX.DECKING �`�� EL 3.4 1.5X MHW(2.7) r FI II_ r • �� L MHW(1.0) EX.GRADE J I I. 11 II MLW(-0.8) NOTES: _T— 1. ALL TIMBER MATERIALS USED IN I-�I SUBAQUEOUS ELEV.=-)3.0 MARINE ENVIRONMENT SHALL BE - I— I F1'1-""1 I• !-1 I I- I I� !I I—III=1 I 1 I I 1—III= PRESERVATIVE TREATED IN �— 1_ 1I III: I H HH I B I FI I ACCORDANCE WITH AMERICAN WOOD 11 11�l T1-I I —I i. r-11 I 1=1 I i -I I =1 I 1=1 11—III—T- PROTECTION ASSOCIATION(AWPA) EX.GRADE STANDARDS C2 AND C18. 8"PIER PILE X t16'LONG 50% 2. ALL HARDWARE SHALL BE IN OF TOTAL PILE LENGTH - ACCORDANCE WITH ASTM A-153. PENETRATES BELOW BOTTOM / 10 7'7 3. BOATLIFT TO TBE INSTALLED AS PER GRADE AND INTO FIRM SOIL THE MANUFACTURER'S SECTION "S1-S1" RECOMMENDATIONS. FINAL ELECTRICAL POWER CONNECTION TO SCALE 1"= 10' BE PERFORMED BY A LICENSED OVERHEAD I-BEAM ELECTRICIAN.ALL ASSOCATED TIMBER BEAM END BRACKET HARDWARE SHALL BE IN ACCORDANCE GUIDE POST WITH THESE PLANS AND WITH THE �GALV.SHACKLE MANUFACTURER'S SPECIFICATIONS. t 4. CONTRACTOR TO VERIFY THE PILE 2 PILING(BY OTHERS) SPACINGNNDTH OF THE BOATLIFT WITH w PROPOSED DOCK CRADLE I-BEAM THE BOAT MANUFACTURER OR OWNER. >m (BY OTHERS) 0/ DIMENSION NOT TO EXCEED 12.0'WIDE 1.5X MHW(2.7) Q MHW(1.0) MID ATLANTIC ENVIRONMENTAL L.L.C. I-- 1517 MIRASSOU LANE MLW(-0.8) VIRGINIA BEACH•VIRGINIA 23454 BUNK BRACKET SUBAQUEOUS ELEV.=(-)3.0 FAX(757)496-8744 OFFICE(757)560-5780 :III i 111—III 1 I — 11-1 I --I i 1 -11 I --I I 1=T(1=11 FI111-LI f--1 I 6 :I Imo- 1 ITTETI-ITI-11 -IE EX.GRADE 8"PIER PILE X L LONG GJD!Y OF TOTAL PILE LENGTHTH1 PENETRATES BELOW BOTTOM - - GRADE AND INTO FIRM SOIL / 12'—' ENGINEERING SERVICES,LLC PROPOSED LIFT SECTION 508N.Birdneck Road.Suite D (757)289-5933 Virginia Beach.VA 23451 mike.gaddy©gmail.com SCALE 1"= 10' W z CA �` / \, _ - F— Q W a� WJ � LL' o !d:4! n Q QN aWO � eh O E � Q CO O � z Z O� Zcn I CI 3 O WQ Cn oQo Q N I < z O Q Z z In 2 o g J O J W a i V 2 J O a 0 Z Y o 3 W V M K CC CC _ < N W - UfX O 12 p Q! I I Wi iaI' • I 1 f> _______::,,_I/'' : , / a 0 N J r / m m u)o i �I , c..., v, a. ,7 r, i N co . , c2 .: .. --, �^ 0 Q O W i O rn c cl) _ N .. .._j QO = () N d a. � �~ I ,Z 0 •lc ci) a 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 day of , 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JACK H. LANE, JR. and GINA LANE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 216", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT", prepared by Frank D. Tarrall, Jr. & Associates, having a scale of 1" = 100' and dated October 1958. Said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2309 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing bulkhead and pier and to construct and maintain a floating dock, dock and boatlift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and NO GPIN REQUIRED OR ASSIGNED (HARBOR CANAL) GPIN 2409-19-0833 (2309 LEEWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Harbor Canal the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt 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 consisting of four (4) sheets entitled: "JOINT PERMIT APPLICATION PROPOSED PIER & BOATLIFT LANE RESIDENCE 2309 LEEWARD SHORE DRIVE VIRGINIA BEACH, VA 23451", a copy of which is attached hereto as Exhibit A and to which reference Is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit A or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain • and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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 4 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 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JACK H. LANE, JR. and GINA LANE, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 / L By �J• H. LANE, JR., Owner _ B _ J GINA L NE, Owner STATE OF J CITY/COUNTY OF J 1 TOrthG..17,a , to-wit: The foregoing instrument was acknowledged before me this ' ay of , 2020, by JACK H. LANE, JR.. ELFuhQ.C/h--14t' - SEAL) Notary Public ,,,,,,,,,r,,r,r,,,,,,, ,.•P�N CLEMFN,,'%,, NotaryRegistration Number. -1$UU2CJ1 .�svvs- #��cs ' s g um 2�'` s ur 0LI My Commission Expires: )9j3I J A O 3 Go��e of23; : '''• 4IMONWE°0%%` STATE OF \' CITY/COUNTY OF Y 1 fOrk4,1c.h , to-wit: The foregoing instrument was acknowledged before me this 'PU `day of 2020, by GI,f•�(;� " ' fi%, �``� �PUB��c '• \f& iika1 '(SEAL) �o ot4.1 ,da ▪ a ' Notary Public w :Z q6� ,SS•5 Z _ ,,,,rp,nrr,r q, G°�.0 p2� c c,LEMEN S,,,,, Notary Registration Number °0 qo1••••A�•(��,�`'1.134% '�)N14_5 J r��'y PUBLI ;•• ;_ p -1 3i -�2U2 � y z �o'" My Commission Expires: 19 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE CITY ATTORNEY DEPARTMENT 8 OVERALL SITE,GENERAL INFORMATION MRC 1 OF 4 I SHEET vTBDp o NORTH 4/ 60 -7 Qs�sA� I a 4- ,0s0s. I,� �� •'O�C.� okoP00P OPO�P� 0 vfr I �3�0 LOCATION MAP 1"=2000' n� I 1II LOT-2/6 \c0 M1D ATLANTIC ENVIRONMENTAL L.L.C. l 1517 MIRASSOU LANE \ ( � VIRGINIA BEACH,VIRGINIA 23454 % FAX(757)496-8744 OFFICE(757)560-5780 ' SEQUENCE&TIMELINE OF CONSTRUCTION {-7 1.OBTAIN ALL NECESSARY PERMITS b / O 2.HOLD PRECONSTRUCTION MEETINGS AS NECESSARY o 3.STOCKPILE NEW MATERIAL WITH ri \ EXISTING DRIVEWAY co \ ,,, 0 4.USE CONSTRUCTION ACCESS AS SHOWN /� p 5.INSTALL NEW PILES,BOAT LIFT,WOOD PIER,& x �4II M FLOATING PIER j� ;jjj' 6.RESTORE ALL AREAS OF DISTURBANCE IN KIND po •�(4g:ii�I�II W APPLICANT ADJACENT OWNERS O O �� O O JACK H. AR,JR.8 GINA LANE 2O DANIEL L.BARKER 8 2309309LEEWARD SHORE DRIVE KERRI L.WILLIAMS.TRUSTEES U) IN N VIRGINIA BEACH.VA 23451 2305 LEEWARD SHORE DR. M O (757)XXX-XXXX GRIN''2409-19-0833 VIRGINIA BEACH,VA 23451 r- 3 GPIN 2409-19-1856 z LOT-2/5 4. I O DANIEL E.1MLLIARD,II : ..ARY LOU WLLIARD S r1� 3 LEEWARD SHORE DR. LOT-217 :HA!'3- •' �GINIA BEACH,VA 23451 GRIN 2409-09-8991 •1/ o EL S. GADI • z U Lic. No. a 28.81' -0 040754 S f '59'2 "E L=197.84' "Ap7/-O9ZOZv7 O� R=478.25' ASS/ONAL F\G\' LEEWARD SHORE DR/VE(50'R/W (M.B.48 PG. 15) SCALE 1"=40' APPLICANT JOINT PERMIT APPLICATION JACK H.LANE,JR.&GINA LANE CADDY PROPOSED PIER&BOATLIFT 2309 LEEWARD SHORE DRIVE LANE RESIDENCE VIRGINIA BEACH,VA 23451 2309 LEEWARD SHORE DRIVE (757)619-7175 LNGINEERING SERVICES,LLC GPIN 2409-19-0833 508 N.Birdnec Road,Suite D (757)289-5933 VIRGINIA BEACH,VA 23451 Virginia Beach,VA 23451 mike.gaddy@gmad.com SHEET 2 of 4 EXISTING CONDITIONS I vTBD MID ATLANTIC ENVIRONMENTAL L.L.C. 1517 MIR•SSOU LANE ,S\. ' VIRGINIA BE• H,VIRGINIA 23454 �Y+" �� /� FAX(757)496-87/4� OFFICE(757)560-5780 ° F� b - 0e f � BOAT LIFE — � t P/LE(7YP.1 a,F�' o MI HA L S. GAD, z v Lic. No. cb'' N •° 0 040754 (o S y 0 S , �C AS/ONA� ��G • r I I \ // I I LOANS APPROX/MATELOC.77LLV` T OFFZOCOZOVELMfEAS SG4LEDFR WF./R.LL H r � �o iFCJLfL � / / O \ O ''/'''/ \ S/ED k \ I IL - . \ \ x I,,,, ,,1 o0 LOT-215 co OVV`,4, / \ O �',,,,,`s�, / Ii •� w� � � � � � , / w- / / / / a) O / / O / / o ONSW/ P3TG4YFRIAE / -_. v ; Z CI The property DOES fall within a Special Flood Hazard Area as shown on the FEMA NFIP FIRM for the City of Virginia Beach, caws DATUM: NAVD88 Virginia,Community Panel MLW=(-)0.8 Number 5155310041G, MHW=1.0 dated January 16,2015. The property falls in Flood Zone(s)X(SHADED)& AE(EL 7) 28.81' Pill 436°59'23" L=197.84' II R=478.25' 6 LEEWARD SHORE DR/VE SE yER�f�NHofE 'WR1r, R,4,-rsen GADDY 0 30 60 (Alb'WI/PO-fsI Elevations shown are based on the NAVD 1988 datum. ENGINEERING SERVICES,LLC Elevations shown in the water area are actual elevations 508 N.Birdneck Road.Suite D (757)289-5933 SCALE 1"=30' as opposed to depth of water. Virginia Beach,VA 23451 mike.gaddy@gmail.com SHEET VMRC N 3 of 4 PROPOSED CONDITIONS TBD MID ATLANTIC ENVIRONMENTAL L.L.C. REMOVE PROPOSED REMOVE EXISTING---o 6'X 10' ' 1517 MIRASSOU LANE s, FLOATING PILiEnNc I VIRGINIA BE•/H,VIRGINIA 23454 PILE • DocK � tf.... r,* t ,► , PROPOSED FAX(757)496-87•i OFFICE(757)560-5780 a� 1 zee s.E.Doc c F \�/�. BOAT Y OFT va Fines/ FBs ✓` :. .4 , . M CHA L GADS z ,,4 PROPOSE° Lic. No. x ,0.066 LB. ,0):• . . �,� I 1 tis 'B AT LFr -0 040754 c. No. �Q �o S ti pc;'?/09 ZOZ� .^-',7-- 773 Icor/e \ s J/ APPROX/MA7ELOC4T/ V \. .� OFFL0100 ZONE L/NEAS SCALED FRONFLRM NoZ� ts / •o sut n \ ., 1 bC-.) .' ////1' '''' /: ' '-7. \ \! / 'es x 4s$ * O LOT215 ti i% S ' , f\ pi- BI IPIS*,%•%•44#4. S // W � o / / / / Lor-ri o / • cA / / N � . / / CO / u rtxly / \ \ / Z BRICK / //.( _/ // / // / / / / / / / / CONC I 28.81' Sg6°59'23" L=197.84' I R=478.25' 6 LEEWARD SHORE DR/VE 5C,ER AfANHOI F 0 (.SO.R/11'/ R/,1f_6 h'c GADDY 0 30 60 ,ALB 4,.v.PC 7s1 ENGINEERING SERVICES,LLC 50Elevations shown are based on the NAVD 1988 datum. Vir N.B N. Beach,irdnec Road,Suite D (757)289-5933 SCALE 1"=30' Vir VA 23451 mike.gaddy8gmeil.com S EET 4 HOF 4 PROPOSED PIER PROFILE&DETAILS vTBD I Elevations shown are based 5/8"THRU BOLT on the NAVD 1988 datum. DOCK WASHER&NUT 1 2X8 CROSS TIE CROSS TIE&STRINGER TO PILE ,.t'j' op 2X8 STRINGER 2X6 DECKBOARD(TYP.) '/f,e -,./ 16d NAIL(OR#10 SCREW) _..-- �' �/ -,/ DECK BOARD TO STRINGER ✓` it FLOATING DOCK 4,../ ��/��/� , ' MICHAEL . GAI i z (WOOD DECKING AA --../, 0 OVER CWI FLOATS) ��1 �� o U Lic. No. tr�� -'// ,O -0� 040754 Q f� * 8"PILE �/°�ZOZO /�� /. / E �S' �/ # 4, 16d NAIL FACIA TO ONA� � F,`�'�/`O�' �I STRINGER&PILE 8 ST/NG 6 41r`/��/, .�, o • `I/ /e0 OAOS PROPOSED PIER DETAIL `, \,,, .1 Fa / ft SCALE 1"= 10' �` ��/ • T / ELEVATE PILE \�/ / CAP 1'(TYP.) �` \,o /• EX.BULKHEAD ELEV.=3.4 2X6 DECKBOARD 8' o; ` � EX.DECKING - ` EL 3.47 -I I I II _ MHW(1.0) EX.GRADE -'11 PI I I—III= MLW(-0.8) NOTES: =fFI—I 1. ALL TIMBER MATERIALS USED IN I—_III^ SUBAQUEOUS ELEV.=(-)3.0 MARINE ENVIRONMENT SHALL BE =1 I �I I --I ICI 7 11,111 I 1= 11=I I I "J=i i 1= PRESERVATIVE TREATED IN I—I 1: 1 —I I hI 11—I 1 Ell I I 1-1 I I—I I I FT1I I I—rI I ACCORDANCE WITH AMERICAN WOOD -III-1 I I I I 1 I II I-1 I I- 11-1 I I— 11- 11 I�1 11-1 I�I 11—I 11- PROTECTION ASSOCIATION(AWPA) % EX.GRADE STANDARDS C2 AND C18. 8"PIER PILE X t16'LONG 50 2. ALL HARDWARE SHALL BE IN OF TOTAL PILE LENGTH ACCORDANCE WITH ASTM A-153. PENETRATES BELOW BOTTOM 7---10 7' / 3. BOATLIFT TO TBE INSTALLED AS PER GRADE AND INTO FIRM SOIL THE MANUFACTURER'S SECTION "S1-S1" RECOMMENDATIONS. FINAL SCALE 1"= 10' ELECTRICAL POWER CONNECTION TO BE PERFORMED BY A LICENSED OVERHEAD I-BEAM ELECTRICIAN.ALL ASSOCATED TIMBER BEAM HARDWARE SHALL BE IN ACCORDANCE GUIDE POST END BRACKET WITH THESE PLANS AND WITH THE GALV.SHACKLE MANUFACTURER'S SPECIFICATIONS. :( 4. CONTRACTOR TO VERIFY THE PILE 6 G PILING(BY OTHERS) SPACING/WDTH OF THE BOATLIFT WITH w PROPOSED DOCK CRADLE I-BEAM THE BOAT MANUFACTURER OR OWNER. > DIMENSION NOT TO EXCEED 12.0'WIDE m (BY OTHERS) .5X MHW(2.7) Q �r MHW(1.0) MID ATLANTIC ENVIRONMENTAL L.L.C. I-- MLW(-0.8) 1517 MIRASSOU LANE 4 VIRGINIA BEACH,VIRGINIA 23454 BUNK BRACKET SUBAQUEOUS ELEV.=(-)3.0 FAX(757)496-8744 OFFICE(757)560-5780 :111=III-11 HI 11:77-WEI EX.GRADE6 8"PIER PILE X t25'LONG 50% OF TOTAL PILE LENGTH PENETRATES IELOW INTO FIRM GRADEAND / 12' / c /.\D D ENGINEERING SERVICES,LLC PROPOSED LIFT SECTION 508 N.Birdneck Road,Suite D (757)289-5933 SCALE 1"= 10' Virginia Beach,VA 23451 mike.gaddy@gmail.com .11 Virginia Beach • APPLICANT'S NAME 6k ',ha Laie- 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 byy Property Conditions or Proffers Alternative f Economic Development Nonconformi Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoningl - - Board s Encroachment Request Rezoning Appea 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 Plannln9 Commission and City Council meetino that ,iertains to the ap .Iication(s). APPUCANT NOTIFIED OF HEARING DATE: orNO CHANGES AS OF DATE: �/-0 REVISIONS SUBMITTED DATE: 1113 Virginia Beach Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: -TO14- 6/"a /4 t7& If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER ISa corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:___. If an LLC, list the member's names: Page 2 of 7 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, al) 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 dose 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 operatinc: or to be iperated 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 N/B e APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I - Accounting and/or preparer of your tax return I 1 Architect / Landscape Architect / t J Land Planner Contract Purchaser (if other than 1 [ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ri Er purchaser of the subject property LJ (identify purchaser(s) and purchaser's service providers) aConstruction Contractors Ndc- %(,r -sP rz,►.soe- Engineers / Surveyors/ Agents (4 l t % R 2vKi-5 >-t-(.r Financing (include current Cw244 -'r- VAo+tr6460. - "L I �' I l �mortgage holders and lenders V 4./4 selected or being considered to provide financing for acquisition Po -5 , 4,) ca= ?a,°PUs51), or construction of the property) Sw...4- I I Er Legal Services Real Estate Brokers / I 1 U Agents/Realtors for current and anticipated future sales of the subject property _ 4 p SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 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 \AB Mini* ' Virginia Beach 1 CERTIFICATION: u 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. / / u�4 (Abu€- 2-1 Z_z APPUCANt'S SIGNATURE PRINT NAME DATE t Page 5 of 7 41.11111111 `moo, OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n Er, Accounting and/or preparer of l I your tax return n D Architect / Landscape Architect / Land Planner Contract Purchaser(if other than Lithe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0/ purchaser of the subject property u (identify purchaser(s) and purchaser's service providers) C [ Construction Contractors Ncic ' 0 -17tc--c4 t� l l El Engineers/Surveyors/Agents Asno-� L�►>f,,a�jr2 ��(>Kes��zc J Financing (include current C w2rcc,),T 14 aT6A-66 - -aa0t_ El❑ mortgage holders and lenders ,L,,�ei�,�,k selected or being considered to provide financing for acquisition t''O F, or_, ' i ?2„?oseD or construction of the property) ErLegal Services Real Estate Brokers / Ey- Agents/Realtors for current and anticipated future sales of the subject •ro•ert 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 Ucontingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. f • , 40( 6.ituc 2 -I? PROPI`_R)V OWNER1 ATURE PRINT NAME DATE •s` mmummir Page 7 of 7 xz s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of the City's Right-of-Way Known as North Kings Road Located Adjacent to 2804 North Kings Road for Donna D. Daniels MEETING DATE: June 16, 2020 • Background: Donna D. Daniels (the "Applicant") has requested permission to maintain an existing block wall within the City's right-of-way known as North Kings Road (the "Encroachment"), located adjacent to her property at 2809 North Kings Road. The Encroachment extends 6.3 feet into the City's right-of-way, for a distance of 67 linear feet. • Considerations: Upon City staff review, the requested Encroachment is not believed to create a safety issue or concern with traffic. City staff has recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Public information will be handled through the normal Council agenda process. • Alternatives: Approve the Encroachment as presented, deny the Encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Plat, Location Map, Disclosure Statement Form Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate i"' City Manager: -04L. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A PORTION OF THE 5 CITY'S RIGHT-OF-WAY KNOWN AS NORTH 6 KINGS ROAD LOCATED ADJACENT TO 2804 7 NORTH KINGS ROAD FOR DONNA D. DANIELS 8 9 WHEREAS, Donna D. Daniels desires to maintain an existing 67 linear foot 10 block retaining wall in the City's right-of-way, known as North Kings Road (the 11 "Encroachment"), located adjacent to her property at 2804 North Kings Road; and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 14 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 15 the City's right-of-way subject to such terms and conditions as Council may prescribe. 16 17 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donna D. Daniels, her heirs, 22 assigns and successors in title are authorized to maintain the Encroachment in the City's 23 right-of-way as shown on the map entitled: "EXHIBIT A - ENCROACHMENT REQUEST 24 FOR GRAVITY BLOCK RETAINING WALL DONNA D. DANIELS LOT 30, SECTION ONE 25 CHESOPEIAN COLONY (M.B. 41 , PG. 21) DATE: JANUARY 25, 2020", a copy of which is 26 attached hereto as Exhibit A, and on file in the Department of Public Works, to which 27 reference is made for a more particular description; 28 29 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 30 those terms, conditions and criteria contained in the agreement between the City of Virginia 31 Beach and Donna D. Daniels (the "Agreement"), an unexecuted copy of which has been 32 presented to the Council in its agenda, and will be recorded among the records of the 33 Clerk's Office of the Circuit Court of the City of Virginia Beach; 34 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized 36 designee is hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 39 such time as Donna D. Daniels and the City Manager or his authorized designee execute 40 the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 43 day of , 20 i APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE CITY ATTORNEY CA14431 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d022\p036\00634304.doc R-1 June 16, 2020 2 LOT 32 13 N/F DAVID & KRISTINA S. JARRETT <- • GPIN: 1497-46-9898 INST: 200305120073367 --� S 57'23'21" E 100.00' ,'i 0 ��Z,TH OF G __J J , w 0 U GREGORY O. MILSTEAD v I� Z Lic. No. 047323 c,,, o� ,.d MAR. 19, 2020 I z z 0Noo 00 �'0 4) 'a lA y �� zCoo LOI SSIONAL �� oz = io 0) � co0 / r' (n r Nt1 �" N0 � r cp ►- z ,� r ( LOT 30 I N I Z o o W GPIN: 1497-46-9766 'U, o �' �' o � INST: 20170607000480460 IP 0 m . `\' �1 2804 N. KINGS ROAD io . oo- o � o � z EX. CONCRETE o � � o z I PROPOSED REALIGNMENT 0 — DRIVEWAY Q OF BLOCK WALL AROUND _ WATER METER 1 1a9' i z PIN(F) - N 57'23'21" W , 100.00' r< . PIN(F) 0 it 5'1 38' ( 16' 2' 6�— 1' a : 1v' 125.18' TO ' 67' O W/M tri CHESOPEIAN TRAIL ifsSSMH \ \/ EDGE OF PAVEMENT \ \ EX. ANCHOR BLOCK _ N. KINGS ROAD (50' R/W) RETAINING WALL (M.B. 41, PG. 21) /// /// EDGE OF PAVEMENT/// Note: All dimensions of block wall are to be adjusted as 0 25' 50' necessary to provide a minimum of 2' separation mom Iii between the wall and the meter box in all directions. 1"=25' tiTilarrill WATERFRONT EXHIBIT A - ENCROACHMENT REQUEST FOR I '; '8 a CONSULTING GRAVITY BLOCK RETAINING WALL LINC. DONNA D. DANIELS 2589 QUALITY COURT, #323 LOT 30, SECTION ONE VIRGINIA BEACH, VA 23454 CHESOPEIAN COLONY (M.B. 41, PG. 21) PH: (757)425-8244 CELL: (757) 619-7302 DATE: JANUARY 25, 2020 W l • �� rn \� W J LL Cr 3 D W ❑ t0 ON in Q a a. C� cc Lli 1 ' - Z d 0 Q Z rn o Li U V ZU pp Z z s ////////, t- Q Cr 0_ ❑ a `rw JOopUN� r I p o O goOJ ZLL c W 0 L H t X 2 to ---- 12:11 NV13dOS3HO r. , ---n --------), J — \ , n \ \ CO--fi Cr: III I it H . )ii ., 4/ ..7 'f So m o In g 'Cs _ c 0 as co (13m 2 V U J 0 • ZA N Al • m = d Q • co d Z tD O cn G d Q N rt W CL v O• y . w 1. rN Zy ` w76 C U ,- I- D a aY 0 ci Q J m ITTLE NECK-.1 Z .= d a_ 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 (, day of , 2020 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DONNA D. DANIELS, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as LOT 30; as shown on that certain plat entitled: "SUBDIVISION OF CHESOPEIAN COLONY SECTION ONE PRINCESS ANNE COUNTY VIRGINIA", dated November 1955, prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at page 21 , and being further designated, known, and described as 2804 North Kings Road, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to maintain an existing 67 linear foot block wall, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as North Kings Road, the "Encroachment Area"; and GPIN: CITY RIGHT OF WAY (NO GPIN REQUIRED OR ASSIGNED) GPIN: 1497-46-7694 (2804 North Kings Road) 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 REQUEST FOR GRAVITY BLOCK RETAINING WALL DONNA D. DANIELS LOT 30, SECTION ONE CHESOPEIAN COLONY (M.B. 41, PG. 21) DATE: JANUARY 25, 2020", 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 that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to 3 I the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the 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 4 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 D. Daniels, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 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 , 202 , 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 202 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: I 6 1 By DO A . ANI L , Owner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this C day of , 2020, by DONNA D. DANIELS. (SEAL) Notary Public .........• Notary Registration Number: 33� -. v .. }} .4 Z r My Commission Expires: 1),121 n t ' �-I %' h k�C APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM GuaA ),-,/ 7 vxw SIGNATURE CITY ATTORNEY /opt///rem e&vptru-.7 DEPARTMENT I y 7 LOT 32 -A N/F DAVID & KRISTINA S. JARRETT 1- C GPIN: 1497-46-9898 / 7 INST: 200305120073367 -' �� , ' S 57'23'21" E 100.00' 37 ----- q ---- - ------ - - ------------� tiTH OF w A(.)71.'C__ ,_______)% J 0 GREGORY O MILSTEAD 9 Iv) Qo Lic. No. 047323 I z N -0 ,.o MAR. 19, 2020 �� Z 16 N o' CNN dI °.4 + Iw r, N O O8 �' Cs� � .o z2 :2 IONAL E to o2 0 -p N r- co LOT30 � 1— z ^ ^ :( � Z o o �i GPIN: 1497-46-9766 oC° to a' m INST: 20170607000480460 z `�' n: :O c,, O . r'>)11 2804 N. KINGS ROAD to 0 Ec, co ril Z z ZI PROPOSED REALIGNMENT EX. CONCRETE! o O _ DRIVEWAY Q ' OF BLOCK WALL AROUND I L0.9WATER METER --I • 23• , 0) I �,. . z PIN(F) N 57'23'21" W 1100.00' r< . PIN(F) p 5' '. -v 38' ih 16' 2' 67 N \125.18' TO N • CHESOPEIAN TRAIL Lc) `_—_1 67' WPM I. D \ ' SSMH \ \ EDGE OF PAVEMENT \\\ EX. ANCHOR BLOCK — N. KINGS ROAD (50' R/W) RETAINING WALL (M.B. 41, PG. 21) /// /// /// EDGE OF PAVEMENT/�/ Note: All dimensions of block wall are to be adjusted as 0 25' 50' necessary to provide a minimum of 2' separation between the wall and the meter box in all directions. 1"=25' 1 WATERFRONT EXHIBIT A - ENCROACHMENT REQUEST FOR !; != 1 CONSULTING GRAVITY BLOCK RETAINING WALL INC.L. DONNA D. DANIELS 2589 QUALITY COURT, #323 LOT 30, SECTION ONE VIRGINIA BEACH, VA 23454 CHESOPEIAN COLONY (M.B. 41, PG. 21) CELL:PH (75))65-8244 19-730 DATE: JANUARY 25, 2020 (757)619-7302 • t ea •" _ t2S888Le8888 888y::;'•° '' s- •� I % `� i 3=888 8d888 -;: ' ' L � a::IS:tit •.,°tY8ss3o-"..•., er� t I'll • .,��• . " •tw+ r 8• ' a.2S8R2R8'S8Y:SY8:G888jl . • I i 44," SMOVAIppR ^ i€ .2 .� .1' "# .`SS• �xs - 4 '3' S'Y3 •R+o:lS^l8S:._::7;° 1" 4.1 p �� t itr • . r • •.-!\ Is 4 i *" ... " r 4 . ...4 12. 32.341:-. 2:0S Sa. j"j i e0 . i i i. • t nl .. RIDGE LAR! a • - ° • i ~ ..w.. „s ,t • i t ; iii a•a w i i i''‘i. 7 :L. . ?4.\.). t ,. •or,w r. -Z•.v� e. 11111• `+�•i, Y S '• . �L,.S.'•.It a SA•pY VALLEY ROAD • •:- ---j ' / : i •. • 4 • 211 '--.'al 1:1t!; • • 4 hy'r� 1,84 • •e' ; •.�.VY :SA t,v •4• rr ' D • i I i i.t I T it.. f.ie ;� g 18 °s °"� r• : �' ;�•t+i• O•.\ 1X f vet.w• �'2 •.`.. Y.. -+ t..•.rr. t s i •! i=F .. /-'�..a " ��- «at M' fni -d M -*GROVE COURT ° i"•22 �r d a s D n e' ® = a t -tii r •\ ;• 71 .°t'• . A•..R4• TPAIL a • q zS ®°� en.. .r ^.t'e43t is s - M-----•t-TG�4. ; aN=.�s— ` I$ lipw t u n. • `�'T j 1 • Z .n.aJ.., nP 'f.' _ itt t • • w • • .S - t • _•\ y�. - t v 1`...�� trw.ti d CNEro1RSF(1RE9 ® _ f X} .2 _ b..r e..r •"'Mr* c 1 777 '. *.w °" cI c F a° ti O" <` •'AID '- p !R'+ °. >" ii O f u • i IS •i I • A w `�1: \ • •.0'r�t arao{i ft� d•O . 1 ' x ^ o eye. ay U ,yOgT ft., liP �� •..N I ••'' '\a. "N....�`• •tv .. as 1 i1i1 flA v i `. u jl I. 0 •o *. '° i _ :ill tri t /-e�fii i .-I d +.'„�; '_tr ,•. i ez"3c 0 ty! 3222ias: s[>E _ -EN s. ..,, Y e tI j -: t! r t 2 t;t ' I, .' fA, 5 t•'• 7 +i 'wRf ..•5, • 9:. .y .. �"' i:' � i=^ a y '.2IS � L t 0 t'�'!�."�C r...�,� ROA0 , .t tsf•,^i ytt A e 452 l 'I ��trn� _ .`tf`\ .fi' _ :t :a. \I'i , I. i s#-i t,F .r.i j i a i • /• a f / = p •2rA La ' ' F j i} PR Ol i••e \ ;'• Z; bii" I •d3: j! = _ - l ;7 A 11,4 .---___.' ' i , .,,,,... w;,.., 1,.„. =. = 2" .a% t Ai ae• •• =17_77 o __ 4 - ,<7-. ;o'li; -44..,...4..- � � i 8r ■fit • n •4 t .. Q Ic I t s Rt s�,C+ 4. .. i < qUN Ia x ti. a .- /'A Owes, Iv err i y .,4:th \ ' • for• t; \• ! e. • 1 :. , , .t.,, . - I . ' . „,.......,,..i. -,, ,- •- , . • i ' ',.. . - • nr. ...' r . .. '.16 • • • r • f �' ;�!•-• - ati.;-,-• ...... -•-.:-, "-1"T ,.Iill 4 • - . . :. 9i. i , , Cr') , ,pro• "i ,,I• i:. ,z t �, a •) �y .. • • `.� '�.'!L_ `r�` 1 - _...ice:°_ - . +L-, •l• . i' t - �� lit .• �y v { ` 4a f FI t k` • }� �, t�J11 s f 1 .' �dr K� , • a • y - • • r • r i_ ,'` �A�3\ •,,r•• ^ may,. r 1 a y it . . _. ' .../ ' dr.-I -IL,* . , . , • . • .. . , .> • .T. 14 - t:Z% :;t'. - ' ,1 t - .*. t. � ` '/ .t'. o "4t_ 40 5 }q a et. ` , ., • t �. ° a• 1 ' f Fs• jt i.; n.j.,'),.. ' : :- Olt ' . , • ,, ....... ..... . ,,,,,,...... ., , f: , ...• .....• . , ., r• ._,. i.„ ,,. , / v <13 4 r '1 ice'- ,..,- d ''.. . ''''' . r t u. r`;f r 14't Ufa ' 1 ', t q'4• f :". act I • Yi + ' ^ . Pq,,� ' _T'• ''S.•:y '1A i t At fir{ .�t ( :j ` • a . - rZ I r' { % T i F4 �:,• f ;w 2 Y'11 f J t• .� �, _ w 4. i�a• r a - aa:0, . \ ' t r -- i 1. ^ Iles /l,,u. . ,f' 4F ; Aft. 1 r t ' ' • • • Rom`• iy • '• .l h1'':... .-.'. r,• '0I.4.t r. ..•1-1:.f-:' .•--." k 'Ill , ' a 4.4,4,.3},1:,1.' t0:,t.,. 1 i` �' y "ice %. . '4 .i• -. :li.,� / iM , :I.1t ' •t' ,14t,S. ‘ t1 Ar ..:,4"11.*:' - ' •-.'t ,tr.' Vi. ,...T. ,,t,v,.,..r, ••, 44..*K. ::`J+, i 1.3 1..* J``• ♦ 7A tit „1N . k •i•` it. ;v ,: ' . w • , . . � i .• I t ' : t ` X1 1. '7 . ' , ;;" ? � y " f\ � 1 Virginia Beach APPLICANT'S NAME Donna D. Daniels 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 Plannin Commission and Cit Council meetin that i,ertains to the al ; lication(s). APPLICANT NOTIFIED OF HEARING DATE: /5/ t NO CHANGES AS OF DATE: / REVISIONS SUBMITTED DATE: ��%� ca\B Virginia Beach F. Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_Donna D. Daniels If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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: If an LLC, list the member's names: Page 2 of 7 \113 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 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 11/4/13 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return n n Architect/ Landscape Architect/ Land Planner _ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nConstruction Contractors Project out for bid nEngineers/Surveyors/Agents Waterfront Consulting, Inc. Financing (include current PennyMack X ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / Inl Agents/Realtors for current and ',`' anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ix 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 lB 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. Donna D. Daniels APR CANT'S SICNATURF PRINT NAME Page 5 of 7 V13 OWNER Virginia Beach YES NO SERVICE PROVIDER (use addi;,uual sheets If needed) ❑ ® Accounting and/or preparer of your tax return ❑ [83Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than ElApplicant) - 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) ElConstruction Contractors }Pros-e-r Ckst 1 zhvc. !C�r.0 ❑ Engineers/Surveyors/Agents 1lJx}it}tPIWrlC C buktt• rj,.,c Financing(include current Pt furv9 fAi4 CIL E ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 1 Legal Services Real Estate Brokers / ❑ ( , Agents/Realtors for current and 44�v 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 NiB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information Provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap ication. azin;t4 '` rt . D 14 NIt,eL.b /-�/2 !7 PROPERTY OWNER'S SIGNATURE _. PRINT NAME DATE - i • Page 7 of 7 I „:14:1N.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City's Right-of-Way Known as Atlantic Boulevard (Commonly Referred to as the "City Greenbelt"), Located Adjacent to 2613 Atlantic Avenue by 27'h Atlantic, LLC MEETING DATE: June 16, 2020 • Background: 27th Atlantic, LLC, a Virginia limited liability company (the "Applicant"), has requested permission to construct and maintain five (5) concrete slab balconies on the 2nd floor of the proposed building to be built at 2613 Atlantic Avenue (the "Encroachments"). The Encroachments would extend into the City's right-of-way known as Atlantic Boulevard (commonly referred to as the "City Greenbelt"), for a maximum distance of 3.29 feet. The Encroachments do not meet the guidelines outlined in the Oceanfront Resort District Form-Based Code for administrative approval because they are less than 24 feet above ground level; consequently, they must be reviewed and approved by City Council. • Considerations: City Staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Similar encroachments for the balconies located on the 3rd through 15th floors of Applicant's proposed building met the guidelines outlined in Oceanfront Resort District Form-Based Code and the related agreement was executed and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach on December 30, 2019. The customary period for removal of an encroachment is 30 days. However, due to the nature of the Encroachments, the Applicant has requested and staff has recommended a removal period of 180 days in the unlikely event that the Encroachments must be removed. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Encroachments as presented, deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Location Map, Disclosure Statement Form Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real Estate /ti City Manager: /ML 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO A PORTION OF THE 3 CITY'S RIGHT-OF-WAY KNOWN AS ATLANTIC 4 BOULEVARD (COMMONLY REFERRED TO AS THE 5 "CITY GREENBELT"), LOCATED AT 2613 ATLANTIC 6 AVENUE BY 27TH ATLANTIC, LLC 7 8 9 WHEREAS, 27th Atlantic, LLC, a Virginia limited liability company, desires to 10 construct and maintain five (5) concrete slab balconies on the 2nd floor of its proposed 11 building to be located at 2613 Atlantic Avenue (the "Encroachments"), over the City's right- 12 of-way known as Atlantic Boulevard (commonly referred to as the "City Greenbelt"); and 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 16 City's right-of-way subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 22 and 15.2-2107, Code of Virginia, 1950, as amended, 27th Atlantic, LLC, a Virginia limited 23 liability company, its assigns and successors in title are authorized to construct and 24 maintain the Encroachment on the 2nd floor of its proposed building to be located at 2613 25 Atlantic Avenue, over the City's right-of-way known as Atlantic Boulevard (commonly 26 referred to as the "City Greenbelt"), as shown on the exhibit map entitled: "EXHIBIT 27 SHOWING BALCONY ENCROACHMENT ON LEVEL 2 27TH STREET APARTMENTS 28 2613 ATLANTIC AVENUE VIRGINIA BEACH, VIRGINIA", a copy of which is attached 29 hereto as Exhibit A, and on file in the Department of Public Works and to which reference is 30 made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to 33 those terms, conditions and criteria contained in the Agreement between the City of Virginia 34 Beach and 27th Atlantic, LLC, a Virginia limited liability company (the "Agreement"), an 35 unexecuted copy of which has been presented to the Council in its agenda, and will be 36 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 37 Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as 27th Atlantic, LLC, a Virginia limited liability company and the City Manager or his 44 authorized designee execute the Agreement. i 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 46 , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PUBLIC WORKS, REAL ESTATE CITY ATTORNEY CA14854 1\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p034100634653.doc R-1 June 3, 2020 2 \\vhb\gbl\proj\VirginiaBeach\33838.00 27th St ALTA\cad\sr\planset\33838enc2.dwg 27th Street C PBFREVIATIONS:CONCRETE STEEL PIN FOUND _ 60' PUBLIC RAW ENC ENCROACHMENT M.B. 3, PG. 176 IRF IRON ROD FOUND /`".Z- ?z: �O II\ N 76°04 E'09` "4.70' "' CSPF �O o 5 FACE OF BUILDING —10.24' i 3.27' ENC. Q.icv � O PROPERTY LINE 1 y NO J I —13.10' ENC. 1 O S 19°58'S3"E Q- I I w 50.28 ---, I ' 3.15' ENC. O 0 11J w 0 — 7.81' 0 CY Y . rn N . ' 1--r-2.95' ENC. j I CL Ug0 � � g - I —9.60' ENC. � _ i `r-. J I ►- m0- LL � aoo - _:_d_f 2.85' ENC. 00 - L Q Z rfQN z 2.81' ENC. ce w rri Q U Q 0 N - N O YZ . z CSPF� 9.60' ENC. Hm cc! Z - 2w pI 0gUQ � _ � i � 2.81' ENC. z p HLLw . 3 2.86' ENC. Qa Ce VI0 I- I —9.60' ENC. in 1 = PROPERTY UNE ` 7 6596' ENC. 20 0 20 S1850'46" E 50.18' -- 1 3.16' ENC. i1f = I SCALE IN FEET —13.10' ENC. . 3.29' ENC. FACE OF BUILDIN jG S �tipLTNpF -10.28' 2- 5 •ZO Gfw S ip GI 76604'09"W 1a4.30' 0 w.�— S IRF NOW OR FORMERLY U DAVID W.ANDREA 5 BEACHSIDE, L.C. Lic.No.2215 D.B. 3440, PG. 2227 M.B. 3, PG. 177 e <t- GPIN 2428-10-1658 9WD SURNIV'° Revised: 2/5/20 Sheet 1 of 2 Date ,. Exhibit Showing 09/19/19 �''' Balcony Encroachment Scale fhb on Level 2 1" = 20' Transportation, Land Development 27th Street Apartments VHBCad File Name and Environmental Services 33838enc2 Two Columbus Center, 4500 Main Street 2613 Atlantic Avenue Project Number Suite 400,Virginia Beach,Virginia 23462 Phone 757/490-0132 Si Fax 757/490-0136 Virginia Beach, Virginia 33838.00 \\vhb\gbl\proj\VirginiaBeach\33838.00 27th St ALTA\cad\sr\planset\33838enc2.dwg NOTE: ENCROACHMENTS ON LEVELS 3-15 PER VIRGINIA BEACH ;— -, MUNICIPAL CODE §33-114.3 1 A »1. .. t t I -7- I i I I - FAUei m m �•B m I • mo'� m1I! mI _ I %,. m Elm;! CD — _ — — 0 UN IN p] m � m _ — f =� DUn mmNE m - ~ . m - - 1 . ; Em : El11I . m = _ 11 11:W El El CO ^ = _ I TOP OF RACING m, CD El al _ ._. • .__--- ji 1 1 -� i _ _.... . 1 __ ._.. L 0.54' _ — BALCONY DETAIL _ N ( NOT TO SCALE) ' I CD U] I ' CD [II Ell _■ 0LEVEL 2 HEIGHT=1325 ELEV=26 55' — x 1_1325' 0 EVEL 1 HEIGHT=0.00' ELEV=13.40' GRADES TO BOTTOM OF BALCONY SLAB AT OUTSIDE EDGE OF SLAB EXTERIOR ELEVATION -TRUE SOUTH Revised: 2/5/20 ( NOT TO SCALE) Sheet 2 of 2 Date �� Exhibit Showing 09/19/19 �`s'� Balcony Encroachment Scale �I�b on Level 2 As Noted Transportation, Land Development 27th Street Apartments VHBCad File Name and Environmental Services 33838enc2 Two Columbus Center, 4500 Main Street 2613 Atlantic Avenue Project Number Suite 400,Virginia Beach,Virginia 23462 Phone 757/490-0132 S fax 757/490-0136 Virginia Beach, Virginia 33838.00 w a LI a> m Y LL o Q W J cCLu o 2 NI a j < s 2Q Quo cl OHmI' Qo H Z ce Q m 4 - Q Q Q O o NIVJOHW O ~ Z = Z o 0 ti o Z z Y k a NNC7Q O X p -( Z l^ "it I LLI . > O • iiiiit-'' SB.1 OP \ i % . . . ,....- ....- i \ ti t d to AVE I .� PTA' e _ . r0 ta ..., ,, . , . . . ,. dC it N- i 5ol tZ 2l N� m al ti.J _ o o a a to cD el N T. IHrt � N� pwE o ,- pAG�F�C cO fl N w \.. ................. .."........"- = N U d n, W I Q N X o 0,N W .6 w a a uj a) , WmY � o z zzo < to N a > f - - E Q J , LE Q a 0 0 ZU_ Q .J % 3 O HmI- HZ ceQ-. co N o e, Q Q O D N `a U .. O = ° O M o o � � a T101) XQ � � � ZC ---' CD Z _ c (NI N (7 o r- - Z Q 00 CN O 7 \ 1 *''. 2 1.'*. ./.----- . .___\ , z ` N S - � : ` 1 1 \ __. \ - �� yV,-- g\-0-"G -\\ , ti N ( o , �` 1-L-S \ \ ' J N o s- Q , \ - A ----- \-- co cfl N ,i, I.i N (f \ W11%..'‘I.11111 \r_,___.______________\ Z N J a y, N �F�C Av �1 N m r- VE o a > N A Vii J'-- 0 coi,CIF f — aO , �� , .a (V >. li >, AD o _�\ = N 0 i zAi a� PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT (this "Agreement"), made this 4th day of June, 2020, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia ("Grantor", "City"); and 27TH ATLANTIC, LLC, a Virginia limited liability company ("Grantee"). WITNESSETH: WHEREAS, Grantee is the tenant under a Deed of Ground Lease of the property more particularly described on Exhibit A attached hereto (the "Grantee Property"); WHEREAS, Grantee desires to construct certain improvements attached to the Grantee Property that include certain structures and improvements which extend beyond the boundaries of the Grantee Property and encroach onto property owned by City being portions of the rights-of-way for the City's boardwalk area former known as Atlantic Boulevard (the areas on which the Temporary Encroachments (as defined below) exist shall be referred to herein as the "Encroachment Areas"), which encroachments extend from the building proposed for construction on the Grantee Property (the "Building") and consist solely of five (5) concrete slab balconies with traffic coating and painted underside and a combination of EIFS and composite panel cladding and powder coated aluminum railings above the slabs on the 2nd floor of the Building (collectively, the "Improvements"), the locations of which are more particularly shown on Exhibit B attached hereto. The Improvements are referred to herein as the "Temporary Encroachments"; Grantee Property GPIN: 2428-10-1726-0000 (CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED) WHEREAS, the Grantee desires, and the City has agreed to permit the Grantee, to temporarily construct and maintain the Temporary Encroachments in the Encroachment Areas subject to terms of this Agreement. 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), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee temporary permission to construct, retain and use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachments. Grantee shall not be permitted to make changes to the Temporary Encroachments without the prior written consent of City, which consent can be withheld at City's sole discretion. Any changes to the Temporary Encroachments shall be constructed (a) in a good and workmanlike manner and (b) in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas, 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 Encroachments herein authorized shall terminate upon notice by the City to the Grantee (the "Termination Notice"), and that within one-hundred eighty (180) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. In the event that Grantee fails to remove the Temporary Encroachments within such one-hundred eighty (180) day period, then City shall have the right to remove the Temporary Encroachments at Grantee's sole cost and expense. It is further expressly understood and agreed that the Grantee shall indemnify and 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 Encroachments. 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 the Temporary Encroachments 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, except any successors and assigns of Grantee as allowed below; provided, however, in the event of a casualty or damage to or destruction of the Temporary Encroachments, and provided the provisions of this Agreement are otherwise satisfied and the City had not given the Termination Notice prior to such casualty or damage to or destruction of the Temporary Encroachments, the Grantee shall be entitled to reconstruct the Temporary Encroachments pursuant to this Agreement in substantially the same location and with substantially the same materials without the need for approval by the City Council of the City of a new Encroachment Agreement, provided such reconstructed Temporary Encroachments shall be contained within the Encroachment Areas. 3 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments in good condition and repair. The Temporary Encroachments shall not become unsightly or hazardous. It is further expressly understood and agreed that the Grantee must submit and have approved (by all applicable authorities and jurisdictions) a traffic control plan before commencing any work in the Encroachment Areas. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Areas. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, in addition to obtaining City's written approval (which approval may be withheld at City's sole discretion), the Grantee must also post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during any construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City for the Temporary Encroachments, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies covering the Temporary Encroachments. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. 4 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 such insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Areas, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments 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 Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Areas, 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 Encroachments are 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. 5 The provisions of this Agreement shall be binding upon the Grantee and the respective successors and assigns of the Grantee. Upon transfer of title to the Grantee Property, the rights and obligations of the Grantee hereunder shall transfer automatically to the transferee of the Grantee Property, and the transferor of the Grantee Property shall be released from all liability arising from facts or circumstances arising after the date of recordation of the instrument transferring the Grantee Property. IN WITNESS WHEREOF, the Grantee has caused this Agreement to be executed on its behalf by a duly authorized representative, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager, or authorized designee, and its seal be hereunto affixed and attested by its City Clerk. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2020, by AMANDA BARNES, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public Notary Registration Number: My Commission Expires: 7 27T"ATLANTIC, LLC, a Virginia limited liability company BY: _ (SEAL) . Russell Kirk, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 7Q-0 '(-e-- , 2020, by A. Russell Kirk, Manager of 27th Atlantic, LLC, a Virginia limited liability company, on behalf of the company. _ff.,Z ' S_6747 Notary Public ..""' "'N c*___ Notary Registration Number: /`� 7 5/ c°''' t` •• P��ARY � My Commission Expires: 0/7/.30 o9 723 :'.k+�Rc 9 r O �XPiRES bN i -, �/ 2023 2,��2 .,,,„„. 2........••'cue. TH OFF... N 411MV1, APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE DEPARTMENT 8 EXHIBIT A [Description of the Grantor Property] ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, designated as "PARCEL A - BLOCK 65", as shown on that certain plat entitled "Resubdivision of Lots 5 & 6, Block 65 Property of Virginia Beach Development Company Map Book 3, Page 176 Virginia Beach, Virginia" dated April 2, 2015, prepared by Vanasse Hangen Brustlin, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 20150818000795990. 9 EXHIBIT B [See Attached Sketches of Temporary Encroachments] S:1Clients110774\003\Balcony Encroachments\2nd Floor\Encroachment Agreement.doc 10 \\vhb\gbl\prof\VirginiaBeach\33838.00 27th St ALTA\cad\sr\plansetA33838enc2.dwg • 27th Street ABBREVIATIONS: CSPF CONCRETE STEEL PIN FOUND k iv 60' PUBLIC R/W ENC ENCROACHMENT M.B. 3, PG. 176 IRF IRON ROD FOUND k`"Z- N 76°04'09"E 174.70 O� "> CSPF O FACE zr DIN SOFBUIL G —10.24' 2 —+ ' 1 —3.27' ENC. c� t PROPERTY LINE 1 ..0k, O S 19°58'53"E 1 -13.10' ENC. Nkr _ 1 ^w 50.28 , , I 3.15' ENC. O tn0 ww 2 —7.81' cc ice- YI le Q- 3dM ^ N , - 1,2.95' ENC. cc > VoC OV_, � o � I I —9.60' ENC. LJ = � cc OJa wJL7oo I o meL w � a. co '— ' 2.85' ENC. 00 I 0 Z ri m o0 4.73' LL m • QU Q — M � � 2.81' ENC. ceU Jrri wYZQmoz CSPF IDi 9.60' ENC. 3Za 000id * °- I O cc Q 0 j F- c~i) 4.73' ` 2.81' ENC. Z > I— aw OwW Z i 2.86' ENC. Q I— v) 1 —9.60' ENC. i 2 PROPERTY LINE ' ' ' 2.96' ENC. S 18°50'46" E —7.65' 20 0 20 50.18' ---'- --. 3.16' ENC. I mm = I SCALE IN FEET —13.10' ENC. 1 FACE OF BUILDING —3.29' ENC. ��NLTH Op --10.28' O. 2.-S •Zo GAP S 76°04'09"W 184.30' O 0 t,._), CV.. ma's IRF NOW OR FORMERLY v DAVID W.ANDREA 5 BEACHSIDE, L.C. Lic.No.2215 D.B. 3440, PG.2227 M.B. 3, PG. 177 GPIN 2428-10-1658 14* SURv 't°4 I Revised: 2/5/20 Sheet 1 of 2 ` �� Exhibit Showing DBte 09/19/19 �� Balcony Encroachment Scale on Level 2 1" = 20' Transportation,Land Development 27th Street Apartments VHBCad File Name and Environmental Services 33838enc2 Two Columbus Center, 4500 Main Street 2613 Atlantic Avenue Project Number Suite 400,Virginia Beach,Virginia 23462 Phone 757/490-0132 Fax757/490-0136 Virginia Beach, Virginia 33838.00 \\vhb\gbl\proj\VirginiaBeach\33838.00 27th St ALTA\cad\sr\planset\33838enc2.dwg NOTE: ENCROACHMENTS ON LEVELS r, r 3-15 PER VIRGINIA BEACH 5�* { ,� », Ki, K, s. MUNICIPAL CODE §33-114.3 • ill ! I I II t — Eili Cm tlI, C I C� ' ,m Shan m — _. I 11 ml$! ,E El CO En ED — — C . [ IN DESmEn ■! m .I - 4PIiYL11 C I! 01 m ' Mill CD Z — I I 0:1(Wm ii] CO ztl El _ _ • !IJ—iDIfihI 1m i _ _ • _,_ EL C CD • — —_ TOP OF RAILING l• .. - . , . . '.. —___ — ---_ 1 I II -- — I ill L 0.54' .41.11 — ^" BALCONY DETAIL ( NOT TO SCALE) _ I • 1 0ED c Li I EVEL 2 HEIGHT=13.25' ELEV.26.65' L 13.25' LEVEL 1 HEIGHT=0.00' ELEV=13.40' GRADES TO BOTTOM OF BALCONY SLAB AT OUTSIDE EDGE OF SLAB EXTERIOR ELEVATION - TRUE SOUTH Revised: 2/5/20 ( NOT TO SCALE ) Sheet 2 of 2 Date `�f�i. Exhibit Showing 09/19/19 Jt1I1 II) Balcony Encroachment Scale on Level 2 As Noted Transportation, Land Development 27th Street Apartments VHBCad File Name and Environmental Services 33838enc2 Two Columbus Center, 4500 Main Street 2613 Atlantic Avenue Project Number Suite 400,Virginia Beach,Virginia 23462 Virginia Beach, Virginia Phone 757/490-0132 a Fax 757/490-0136 g g 33838.00 • 114 O ginta ;3 APPLICANT'S NAME 27th ATLANTIC, LLC RECEIVED 1- 1 020 DISCLOSURE STATEMENT FO lis. REAL ESTATE 40e</C w•RS The completion and submission of this form is required for all a. . ' ations that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 I 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 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OE DATE: P/ C REVISIONS SUBMITTED DATE: / Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. EllCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 27th Atlantic, LLC If an LLC, list all member's names: A. Russell Kirk, Daniel A. Hoffler, Bruce B. Smith & 27th Street Holdings, LLC* Managers: A. Russell Kirk, Daniel A. Hoffler, Bruce B. Smith (*see attached) If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: Sea Oaks Corporation of Virginia If an LLC, list the member's names: Page 2 of 7 • • IIVABatur/ Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Chris Theodosiou - President/Treasurer/Director(deceased) Christina J. Voliva -Vice President/Secretary (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if nriAccounting and/or preparer of your tax return X Architect / Landscape Architect / Beatty Harvey Coco Architects, LLP Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed IXpurchaser of the subject property �/� (identify purchaser(s) and purchaser's service providers) Xn Construction Contractors AHP Construction, LLC IX Engineers / Surveyors/ Agents vhb; Kimley Horn &Associates I, ` Financing (include current Virginia Housing Development h , mortgage holders and lenders Authority In selected or being considered to provide financing for acquisition or construction of the property) I I Legal Services Faggert & Frieden, P.C. Real Estate Brokers / S.L. Nusbaum Realty Co. X n Agents/Realtors for current and I 1 anticipated future sales of the subject property _ 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have CX 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? 0 yPage 4 of 7 • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, r meeting of any public body or committee in connection with this Appli i n. �--� A. Russell Kirk, Manager ///6/2) APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Limited Liability Company Name:27TH STREET HOLDING,LLC Managers: A. Russell Kirk Daniel A. Hoffler Bruce B. Smith Members: Daniel A. Hoffler 27th Street Hotel Family Trust dated 6/17/15 Daniel A. Hoffer A. Russell Kirk 27th Street Hotel Family Trust A. Russell Kirk Nero Family RE,LLC Bruce B. Smith Dr. William R. Harvey Divaris 27th Street Assoc.,LLC Michael Standing W. Christopher Harvey Eric E. Apperson John C. Davis Hampton University Robert L. Hughes S:\Clients\I0774\003\Balcony Encroachments\2nd Floor\Disclosure Statement Attachment.docx cf.4.FrsAl • clif ,.)_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $98,000 from What Works Cities to the FY 2019-20 Operating Budget of the Department of Economic Development for an Early Childhood Language Development Program MEETING DATE: June 16, 2020 • Background: The Department of Economic Development's GrowSmart program successfully applied for a What Works Cities and Results for America grant to help plan a program to support early language development and improve kindergarten readiness F for local children. In August, GrowSmart received a $50,000 planning grant. This additional $98,000 in funding is for the first year's implementation of the program. The grant funding will be used to implement the expansion of GrowSmart's Language Environment Analysis (LENA) program which includes home visitation services and professional development for early education providers. GrowSmart's existing partners who offer home visitation services to families of children up to age three will receive additional training and technical support to incorporate a language focus in their visits to further strengthen home language environments. The partners will also receive instructional training and materials to embed the same language focus in the early care and education programs to enhance the talking environments for all program settings. • Considerations: This grant is part of a three-year program that will total $448,000. The year one implementation grant being appropriated has a local match of $50,000 that will be funded within Economic Development's Operating Budget. Without this appropriation of grant funding from What Works Cities and Results for America, GrowSmart staff would not be able to implement the additional language focus into the program's early education services. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Economic Development / GrowSmart City Manager: 1l1tG- 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $98,000 FROM WHAT WORKS CITIES TO THE FY 3 2019-20 OPERATING BUDGET OF THE 4 DEPARTMENT OF ECONOMIC DEVELOPMENT FOR 5 AN EARLY CHILDHOOD LANGUAGE 6 DEVELOPMENT PROGRAM 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $98,000 is hereby accepted from What Works Cities and appropriated, with 12 miscellaneous grant revenue increased accordingly,to the FY 2019-20 Operating Budget 13 of the Department of Economic Development for year one of an early childhood language 14 development program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. E Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r budget an Management Services City o ey's Office CA15084 R-1 June 2, 2020 ( -,.0 bEj,t C Zvii (i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $633,145 to the FY 2019-20 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: June 16, 2020 • Background: The Department of Housing and Neighborhood Preservation has been notified that it is receiving the following funding from the following sources: 1) $75,000 from the VB Home Now Foundation to assist homeless families. 2) $441,145 from the US Department of Housing and Urban Development, consisting of: a. $286,164 for administrative support / services and incentive funding to support the operation of the housing choice voucher program; and b. $154,981 for additional mainstream vouchers to provide housing to persons who are homeless and / or with disabilities. 3) $117,000 from the Commonwealth of Virginia in additional funding to support hotel shelter for persons experiencing homelessness. • Considerations: Each of these amounts is subject to varying restrictions regarding eligible uses; however, all these funds support either the ongoing mission of the Department of Housing and Neighborhood Preservation or the city's response to the COVID-19 pandemic. Therefore, it is recommended that these funds be accepted and appropriated by Council to Housing and Neighborhood Preservation's FY 2019-20 Operating Budget. An attachment providing additional information regarding the intended use of these funds and general information regarding program eligibility is included. • Public Information: There are no special, public information requirements for these funds; therefore, public Information will be coordinated through the normal agenda process. • Recommendation: Approve the attached ordinance. • Attachments: Explanation of funds; Ordinance Recommended Action: Approval Submitting Department/Agency: Housing and Neighborhood Preservation City Manager: ,--ria 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $633,145 TO THE FY 2019-20 OPERATING BUDGET 3 OF THE DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $75,000 is hereby accepted from VB Home Now Foundation and 10 appropriated, with donation revenue increased accordingly, to the FY2019-20 11 Operating Budget of the Department of Housing and Neighborhood 12 Preservation (DHNP) to assist homeless families; 13 14 2) $441,145 is hereby accepted from the U.S. Department of Housing and Urban 15 Development and appropriated, with federal revenues increased accordingly, 16 to the FY2019-20 Operating Budget of DHNP for the following: 17 a. $286,164 for administrative support/services and incentive funding to 18 support the operation of the Housing Choice Voucher Program; and 19 b. $154,981 for additional mainstream vouchers to provide housing to 20 persons who are homeless and/or with disabilities; and 21 22 3) $117,000 is hereby accepted from the Commonwealth of Virginia and 23 appropriated, with state revenues increased accordingly, to the FY2019-20 24 Operating Budget of DHNP to fund support hotel shelter for persons 25 experiencing homelessness. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .941/(IA( Bu et and Management Services City Attorney's Office CA15088 R-2 June 10,2020 Explanation of Funds 41111Psource Amount Information VB Home Now $75,000 Sources: VB Home Now's accumulated funds and Foundation specific donor-directed funds. This amount represents the total of two annual donations from the foundation. Uses: Provides rent and utility assistance Eligibility: Families being assisted through the Virginia Beach Housing Crisis system HUD — $286,164 Source: US Department of HUD Housing Choice Administrative Voucher Program funds for the Uses: Administrative support funding that may also HCV program be used for various services needed in the pandemic, including incentives to landlords, transportation for participants, cleaning, technology, or other activities to assist in program operation. These funds are not additional funds for housing subsidies. Eligibility: These funds are not eligible to provide housing subsidies. HUD- $154,981 Source: US Department of HUD Housing Choice Mainstream Voucher Program Voucher funds Uses: These funds will provide approximately 18 vouchers for persons who are homeless and/or with disabilities Eligibility: Very low-income households experiencing homelessness, or with a disabled household member Commonwealth $117,000 Source: State Funds of Virginia — Uses: Additional funding to provide hotel shelter to DHCD persons experiencing homelessness during the public health emergency. Eligibility: Persons or families experiencing homelessness during the pandemic emergency $633,145 Total amount to appropriate „., CITY OF VIRGINIA BEACH AGENDA ITEM / ITEMS: An Ordinance to Transfer $475,000 from the Tourism Investment Program Fund Reserve to the FY 2019-20 Operating Budget of the Convention and Visitors Bureau for Payment of Beach Ambassador Expenses MEETING DATE: June 16, 2020 • Background: Welcoming everyone to the Virginia Beach beaches is the priority of our City. Virginia Beach is committed to this goal in a way that is safe for our residents, visitors, and the thousands of frontline staff who bring the beaches to life. Formal letters requesting the City's public beaches be reopened were sent by the Mayor to the Governor on April 27, 2020 and May 8, 2020. These letters stressed open space access and mental health respite for our residents during Phase I and future phases of the Forward Virginia Blueprint. In a measured way, the reopening of public beaches also allows businesses to access a broader base of patrons. Reopening the beaches safely required a coordinated effort that focused on the key components of cleaning high-touch surfaces, educating guests on how they can enjoy the beach with physical distancing and employing other best practices, and seeking voluntary compliance with those best practices and health guidelines. The Beach Reopening Program was presented to the Governor on May 1 , 2020, and accepted the week of May 17, 2020. After an emergency procurement process, Integrated Management Group, LLC (IMG) was awarded the contract. IMG has quickly and comprehensively implemented the Beach Reopening Program, which started with training the weekend of May 15, 2020 and full program roll- out on May 22, 2020. This program has been in place every day since. • Considerations: The initial costs of $407,000 for the program start-up and implementation in May and June 2020 were funded from TIP-related line items for special event sponsorships and cost items not expended in FY 2020. The $475,000 requested with this transfer would fund the balance of the Program's costs for FY 2020. Invoices for services to date have been received, and payment is due prior to the end of June. Staff is reviewing the ability of the Beach Reopening Program to be reimbursed from CARES Act funding. The City staff intends to brief City Council on the potential use of the CARES Act funds on June 16th. Provided the Council is supportive, the staff will schedule a public hearing at a subsequent meeting. • Public Information: This item will be advertised through the normal Council Agenda process. City Council received briefings about the Beach Reopening Program during its May 12 and May 19, 2020 meetings. • Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department: Office of the City Manager City Manager: 7 '1L-- .'j a 1 AN ORDINANCE TO TRANSFER$475,000 FROM THE 2 TOURISM INVESTMENT PROGRAM FUND 3 RESERVE TO FY 2019-20 OPERATING BUDGET OF 4 THE CONVENTION AND VISITORS BUREAU FOR 5 PAYMENT OF BEACH AMBASSADOR EXPENSES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $475,000 is hereby transferred from the Tourism Investment Program Funds 11 Reserve to the FY 2019-20 Operating Budget of the Convention and Visitors' Bureau for 12 the payment of expenses for the Beach Ambassador Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7,1 (1 ndmana management rvices Ads �t7tttce Budget a g `C� Y CA15089 R-1 June 4,2020 ( yrVz' cH 1 i,;. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) A Resolution to Adopt the Public Works Design Standards Manual as a Replacement for the Specification and Standards Manual of the Department of Public Works 2) An Ordinance to Conform Sections 1-1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1- 15, 1-20, 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, and 1-37 of the Stormwater Management Ordinance (Appendix D) to the Provisions of the Public Works Design Standards Manual 3) An Ordinance to Conform Section 6.3 of the Floodplain Ordinance (Appendix K) to the Provisions of the Public Works Design Standards Manual 4) An Ordinance to Conform Section 23-58 of the City Code to the Provisions of the Public Works Design Standards Manual 5) An Ordinance to Conform Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) to the Provisions of the Public Works Design Standards Manual MEETING DATE: June 16, 2020 • Background: Public Works has worked for some time to update and streamline the Public Works Specifications and Standards. The newly revised Public Works Design Standards Manual ("PWDSM") is updated to conform to new Virginia Department of Transportation ("VDOT") requirements and the new Stormwater Management Ordinance. The PWDSM has also been streamlined to only include the requirements necessary for public development or on public property. The other provisions of the Specifications and Standards, relating to private development have been deleted and will be incorporated by Planning, Development Services Division, into a new manual. The changes to the Stormwater Management Ordinance (App. D) include the revision to rainfall amounts and modeling requirements. These process differences have been discussed with the development community for many years and are currently used for CIP projects. The other Ordinances are changes to the Stormwater Management Ordinance, the Floodplain Ordinance and City Code that were necessitated by the changing of the name of the manual to the PWDSM. • Considerations: Specifications and Standards have long been the requirements for public and private construction and have been updated every few years since its initial adoption. An overhaul was necessary to keep the Manual current with changing requirements. Public Works Design Standards Manual Page 2 of 2 • Public Information: Public information will be provided through the normal Council agenda process. As well, the PWDSM has been vetted with the public and all comments were duly considered. • Recommendations: The new Public Works Design Standards Manual and its related Ordinances should be adopted to allow for the manual to accommodate the changing VDOT and other requirements. • Attachments: Resolution, 5 Ordinances Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: lilt,— 1 A RESOLUTION TO ADOPT THE PUBLIC 2 WORKS DESIGN STANDARDS MANUAL AS 3 A REPLACEMENT FOR THE 4 SPECIFICATIONS AND STANDARDS 5 MANUAL OF THE DEPARTMENT OF PUBLIC 6 WORKS 7 8 WHEREAS, by resolution adopted June 14, 1994, the City Council adopted and 9 promulgated the Specification and Standards Manual ("the Manual") developed by the 10 Department of Public Works; and 11 12 WHEREAS, after a rewrite of the Manual, including the deletion of portions that 13 only apply to development on private property, and the revision of significant portions of 14 the Manual, the Manual has been renamed the Public Works Design Standards Manual 15 (the "PWDSM") as a replacement for the Specification and Standards Manual; and 16 17 WHEREAS, pursuant to Section 1.5 of the PWDSM, the PWDSM shall be 18 adopted and amended by City Council; and 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the Public Works Design Standards Manual, attached hereto and made a 24 part hereof, is hereby adopted and shall replace the Specifications and Standards 25 Manual of the Department of Public Works. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V>� r` I �‘„Wr 1 Department of Public Works City Attor 's Office CA12643/R-1/March 9, 2020 1 2 AN ORDINANCE TO AMEND SECTIONS 1- 3 1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 4 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, AND 1-37 5 APPENDIX D, STORMWATER 6 MANAGEMENT 7 8 SECTIONS AMENDED: Appendix D, Stormwater Management 9 Sections 1-1, 1-3, 1-5, 1-6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 10 1-25, 1-26, 1-30, 1-35, and 1-37 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Appendix D, Stormwater Management Ordinance Sections 1-1, 1-3, 1-5, 1- 16 6, 1-7, 1-13, 1-14, 1-15, 1-20, 1-23, 1-24, 1-25, 1-26, 1-30, 1-35, and 1-37, of the Code 17 of the City of Virginia Beach, Virginia, are hereby amended to read as follows: 18 19 Sec. 1-1. - Purpose and authority. 20 21 A. The purpose of this Ordinance is to ensure the general health, safety, and welfare 22 of the citizens of the City of Virginia Beach and protect the quality and quantity of 23 state waters from the potential harm of unmanaged stormwater, including protection 24 from a land disturbing activity causing unreasonable degradation of properties, 25 water quality, stream channels, and other natural resources, and to establish 26 procedures whereby stormwater requirements related to water quality and quantity 27 shall be administered and enforced. 28 29 B. This ordinance is adopted pursuant to Article 2.3 (§ 62.1-44.15:24 et seq.) of 30 Chapter 3.1 of Title 62.1 of the Code of Virginia, and in compliance with 9VAC25- 31 870-10 et seq. of the Virginia Stormwater Management Regulations.-, except as 32 amended by this ordinance. 33 34 . . . . 35 36 Sec. 1-3. - Definitions. 37 38 In addition to the definitions set forth in 9VAC25-870-10 of the Virginia 39 Stormwater Management Regulations, as amended, which are expressly adopted and 40 incorporated herein by reference, the following words and terms used in this Ordinance 41 have the following meanings unless otherwise specified herein. Where definitions differ, 42 those incorporated herein shall have precedence. 43 44 . . . . 45 46 "Department"means the Department of Environmental Quality. 1 47 48 "Depression storage" means the amount of rain that is retained on the surface in 49 micro-depressions, ditches, and other terrain irregularities where water is allowed to 50 collect and pond. 51 52 "Development" means land disturbance and the resulting landform associated 53 with the construction of residential, commercial, industrial, institutional, recreation, 54 transportation or utility facilities or structures or the clearing of land for non-agricultural 55 or non-silvicultural purposes. 56 57 "Drainage area" means a land area, water area, or both from which runoff flows 58 to a men-po+nt downstream point (proposed project or the site entry point, project or 59 site outfall, drainage structure, junction, node, upstream end of a culvert or storm drain, 60 upstream face of a waterway crossing, channel, ditch, swale, spillway, weir, point of 61 adequacy or point of analysis), as required. 62 63 "Energy grade line (EGL)" means the line that represents the total energy of flow 64 at a given location. It is the sum of the elevation head, the pressure head, and the 65 velocity head. 66 67 "Flooding" means a general or temporary condition of partial or complete 68 inundation of normally dry land areas from: 69 70 (a) The overflow of inland or tidal waters, or 71 72 (b) The unusual and rapid accumulation or runoff of surface waters from any 73 source, or 74 75 (c) Mudflows, which area proximately caused by flooding as defined in 76 are akin to a river of liquid and 77 flowing mud on the surfaces of normally dry land areas, as when earth is 78 carried by a current of water and deposited along the path of the current. 79 80 (d) The collapse or subsidence of land along the shore of a lake or other body 81 of water as a result of erosion or undermining caused by waves or currents 82 of water exceeding anticipated cyclical levels or suddenly caused by an 83 unusually high water level in a natural body of water, accompanied by a 84 severe storm, or by an unanticipated force of nature such as flash flood or 85 an abnormal tidal surge, some similarly unusual and unforeseeable event 86 that results in flooding as defined above. 87 88 "Floodplain" means any land area susceptible to being inundated by water from 89 any source. 90 91 "General permit" means the state permit titled GENERAL PERMIT FOR 92 DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in 2 93 Chapter 880 (9VAC25-880-1 et seq.) of the Regulations authorizing a category of 94 discharges under the CWA and the Act within a geographical area of the 95 Commonwealth of Virginia. 96 97 "Hydraulic grade line (HGL)" means a line coinciding with the level of flowing 98 water in an open channel. In a closed conduit flowing under pressure, the HGL is the 99 level to which water would rise in a vertical tube at any point along the pipe. It is equal 100 to the energy grade line elevation minus the velocity head, V2/2q. 101 102 103 104 "Localized Flooding" means smaller scale flooding that may occur outside of a 105 stormwater conveyance system. This may include high water, ponding, or standing 106 water from stormwater runoff, which is likely to cause property damage or unsafe 107 conditions. 108 109 110 111 "Point of Adequacy" means a point in the downstream receiving stormwater 112 conveyance system where it has adequate capacity to convey the design storm 113 discharge under proposed conditions to a receiving water body, as determined by the 114 City of Virginia Beach Public Works Design Standards Manual and the latest City of 115 Virginia Beach amendments to the Virginia Department of Transportation Design 116 Manual. 117 118 "Point of discharge" means a location at which concentrated stormwater runoff is 119 released. 120 121 "Pollutant discharge" means the average amount of a particular pollutant 122 measured in pounds per year or other standard reportable unit as appropriate, delivered 123 by stormwater runoff. 124 125 "Pollution" means such alteration of a physical, chemical or biological properties 126 of any state waters as will or is likely to create a nuisance or render such waters (a) 127 harmful or detrimental or injurious to the public health, safety or welfare, or to the health 128 of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as 129 present or possible future sources of public water supply; or (c) unsuitable for 130 recreational, commercial, industrial, agricultural, or other reasonable uses, provided that 131 (i) an alteration of the physical, chemical, or biological property of state waters, or a 132 discharge or deposit of sewage, industrial wastes or other wastes to state waters by any 133 owner which by itself is not sufficient to cause pollution, but which in combination with 134 such alteration of or discharge or deposit to state waters by other owners, is sufficient to 135 cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; 136 and (iii) contributing to the contravention of standards of water quality duly established 137 by the State Board, are "pollution" for the terms and purposes of this 138 chapter. 3 139 140 141 142 "Qualified personnel" means a person knowledgeable in the principles and 143 practices of erosion and sediment and stormwater management controls who 144 possesses the skills to assess conditions at the construction site for the operator that 145 could impact stormwater quality and quantity and to assess the effectiveness of any 146 sediment and erosion control measures or stormwater management facilities selected to 147 control the quality and quantity of stormwater discharges from the construction activity. 148 For VSMP authorities this requires the use of a person who holds a certificate of 149 competency from the State bBoard in the areas of project inspection for ESC and 150 project inspection for SWM or combined administrator for ESC and combined 151 administrator for SWM as defined in 9VAC25-850-10 or a combination of ESC and 152 SWM qualifications from these two areas. 153 154 155 156 "Small construction activity"means 157 158 1 . Construction activities including clearing, grading, and excavating that 159 results in land disturbance of equal to or greater than one acre, and less 160 than five acres. Small construction activity also includes the disturbance of 161 less than one acre of total land area that is part of a larger common plan of 162 development of sale if the larger common plan will ultimately disturb equal 163 to or greater than one and less than five acres. Small construction activity 164 does not include routine maintenance that is performed to maintain the 165 original line and grade, hydraulic capacity, or original purpose of the facility. 166 The State bBoard may waive the otherwise applicable requirements in a 167 general permit for a stormwater discharge from construction activities that 168 disturb less than five acres where stormwater controls are not needed 169 based on a "total maximum daily load" (TMDL) that addresses the 170 pollutant(s) of concern or, for nonimpaired waters that do not require 171 TMDLs, an equivalent analysis that determines allocations for small 172 construction sites for the pollutant(s) of concern or that determines that such 173 allocations are not needed to protect water quality based on consideration 174 of existing in-stream concentrations, expected growth in pollutant 175 contributions from all sources, and a margin of safety. For the purpose of 176 this subdivision, the pollutant(s) of concern include sediment or a parameter 177 that addresses sediment (such as total suspended solids, turbidity or 178 siltation) and any other pollutant that has been identified as a cause of 179 impairment of any water body that will receive a discharge from the 180 construction activity. The operator must certify to the State bBoard that the 181 construction activity will take place and stormwater discharges will occur, 182 within the drainage area addressed by the TMDL or equivalent analysis. 183 4 184 2. Any other construction activity designated by the either State bBoard or the 185 EPA regional administrator, based on the potential for contribution to a 186 violation of a water quality standard or for significant contribution of 187 pollutants to surface waters. 188 189 190 191 "Stormwater Appeals Board"is the appeal authority designated by City Council to 192 hear appeals from any permit applicant or permittee, or person subject to Ordinance 193 requirements, aggrieved by any action of the City taken in regard to the Ordinance 194 without a formal hearing. The Stormwater Appeals Board shall be appointed by City 195 Council and shall consist of six (6) members, one (1) from the Department of Planning, 196 one (1) from the Department of Public Works, one (1) from the Department of Public 197 Utilities and three (3) citizen members. The city attorney or his designee shall serve as 198 legal counsel to the Stormwater Appeals Board. 199 200 . . . . 201 202 Sec. 1-5. - Submission and approval of plans. 203 204 A. No VSMP authority permit shall be issued by the Administrator, until the following 205 items have been submitted to and approved by the Administrator as prescribed 206 herein: 207 208 1 . A plan review package that includes a general permit registration statement, if 209 required. Registration statements are not required for detached single-family 210 home construction, within or outside of a common plan of development or sale; 211 however the such construction must adhere to the requirements of the general 212 permit; 213 214 215 216 Sec. 1-6. - Stormwater management plan; content of plan. 217 218 A. The Stormwater Management Plan, required in section 1-4 of this Ordinance, must 219 apply the stormwater management technical criteria set forth in sections 1-10 220 through 1-19 and 1-22 through 1-27 of this Ordinance to the entire site or common 221 plan of development or sale where applicable, consider all sources of surface runoff 222 and all sources of surface and groundwater flows converted to surface runoff. 223 Individual lots in new residential, commercial or industrial developments shall not be 224 considered separate land-disturbing activities. Approved stormwater management 225 plans for residential, commercial or industrial subdivisions govern the individual 226 parcels within that plan throughout the development life of the lots even with 227 subsequent owners. 228 229 The Stormwater Management Plan shall include the following information: 5 230 231 . . . . 232 233 8. A map or maps of the site that depicts the topography of the site and includes: 234 235 i. All contributing drainage areas; 236 237 ii. Existing streams, ponds, culverts, ditches, wetlands, other water bodies, 238 and floodplains; 239 240 iii. Soil types, forest cover, and other vegetative areas; 241 242 iv. Current land use including existing structures, roads, and locations of 243 known utilities and easements; 244 v. Sufficient information on adjoining parcels upstream to the watershed limits 245 and adjoining parcels downstream contributing to the point of adequacy, to 246 assess the impacts of stormwater from the site on these parcels; 247 248 vi. The limits of clearing and grading, and the proposed drainage patterns on 249 the site; 250 251 vii. Proposed buildings, roads, parking areas, utilities, and stormwater 252 management facilities; 253 254 viii. Proposed land use with tabulation of the percentage of surface area to be 255 adapted to various uses, including but not limited to planned locations of 256 utilities, roads, and easements; 257 258 ix. All Chesapeake Bay Preservation Area designations of Resource 259 Protection Areas, including variable width buffers; 260 261 x. All Southern Rivers Watershed buffers and nontidal wetlands, pursuant to 262 Appendix G of the Virginia Beach City Code; and 263 264 xi. Any other information reasonably necessary for an evaluation of the 265 development activity. 266 267 . . . . 268 269 E. A maintenance agreement and adequate easements; shall be executed and 270 recorded to ensure responsibility for the maintenance of any stormwater 271 management facilities constructed under the requirements of this ordinance, unless 272 exempted from this requirement under section 1-28, and to ensure appropriate 273 access to such facilities for maintenance, inspection and corrective action. 274 6 275 . . 276 277 Sec. 1-7. - Review of stormwater management plans. 278 279 A. The Administrator shall review stormwater management plans and shall approve or 280 disapprove a stormwater management plan according to the following: 281 282 283 284 5. If a plan meeting all requirements of this Ordinance is submitted and no action 285 is taken within the time provided above in subdivision 2. fey review, the plan 286 shall be deemed approved. 287 288 6. All written correspondence shall be by email or facsimile unless requested 289 otherwise in writing by the applicant. 290 291 292 293 C. The Administrator shall require the submission of a construction record drawing for 294 permanent stormwater management facilities and stormwater conveyance systems. 295 The Administrator may elect not to require construction record drawings for 296 stormwater management facilities and stormwater conveyance systems for which 297 recorded maintenance agreements are not required pursuant to section 1-28. Prior 298 to the release of the surety and final approval of the facility by the City a 299 construction record drawing for permanent stormwater management facilities and 300 stormwater conveyance systems shall be submitted, inspected and approved by the 301 Administrator. The construction record drawing shall be appropriately sealed and 302 signed by a professional registered in the Commonwealth of Virginia, certifying that 303 the stormwater management facilities and stormwater conveyance systems have 304 been constructed in accordance with the approved plan. 305 306 307 308 Sec. 1-13. - Water quantity. 309 310 A. Channel protection and flood protection shall be addressed in accordance with the 311 minimum standards set out in this section. 312 313 B. Channel protection. Concentrated stormwater flow shall be released into a 314 stormwater conveyance system and shall meet the criteria in subdivision 1, 2, or 3 315 of this subsection, where applicable, from the point of discharge to-a paint to the 316 limits of analysis defined in subdivision 4 of this subsection. 317 318 319 320 3. Natural stormwater conveyance systems. When stormwater from a 321 development is discharged to a natural stormwater conveyance system, the 322 maximum peak flow rate from the one-year 24-hour storm following the land- 323 disturbing activity shall be calculated either: 324 325 a. In accordance with the following methodology: 326 327 Q Developed< 1.F. *(Q Pre-Developed*RV Pre-Developed )/RV Developed 328 329 Under no condition shall Q Developed be greater than Q Pre-Developed nor shall Q 330 Developed be required to be less than that calculated in the equation (Q Forest * 331 RV Forest)/RV Developed ; where 332 333 I.F. (Improvement Factor) equals 0.8 for sites > 1 acre or 0.9 for sites s 1 334 acre. 335 336 Q Developed = The allowable peak flow rate of runoff from the developed site. 337 338 RV Developed = The volume of runoff from the site in the developed condition. 339 340 Q Pre-Developed = The peak flow rate of runoff from the site in the pre- 341 developed condition. 342 343 RV Pre-Developed = The volume of runoff from the site in pre-developed 344 condition. 345 346 Q Forest= The peak flow rate of runoff from the site in a forested condition. 347 348 RV Forest= the volume of runoff from the site in a forested condition; or 349 350 b. In accordance with another methodology that is demonstrated by the City to 351 achieve equivalent results and is approved by the State Water Control 352 Board. 353 354 4. Limits of analysis. subsection is utilized to show 355 compliance with the channel protection criteria, sStormwater conveyance 356 systems shall be analyzed for compliance with channel protection criteria to a 357 the point of adequacy as determined in Subsection 358 359 360 equal to 1.0% of the total watershed area; or 361 362 b. Based on peak flow rate, the site's peak flow rate from the one year 24 hour 363 ° 364 he implementation of any stormwater 365 8 366 367 C. Flood protection. Concentrated stormwater flow shall be released into a stormwater 368 conveyance system and shall meet one-of the following criteria as demonstrated by 369 use of acceptable hydrologic and hydraulic methodologies. Adequacy of the 370 downstream system must be demonstrated for all the following: 371 372 373 374 The point of dischai o releases stormwater into a stormwater conveyance 375 . 376 peak flow rate from the 10 year 24 hour storm event within the stormwater 377 378 may be incorporated into the approved land disturbing activity to meet this 379 , 380 381 pericnce localized flooding during the 10 year 24 hour storm event. The point 382 of-discharge either: 383 384 a. Confines the postdevelopment peak flow rate from the 10 year 24 hour 385 storm event within the stormwater conveyance system to avoid the 386 387 388 389 390 b. Releases a postdevelopment peak flow rate for the 10 year 24 hour storm 391 event that is less than the predevelopment peak flow rate from the 10 year 392 393 394 395 396 1. The downstream system must adequately convey the design storm to the point 397 of adequacy, using freeboard heights and headwater depths stipulated in the 398 City of Virginia Beach Public Works Design Standards Manual and the 399 referenced documents. 400 401 2. The post-development design year Hydraulic Grade Line shall not increase 402 over the predevelopment design year Hydraulic Grade Line in all receiving 403 channels and water bodies and upstream facilities. 404 405 3. Limits of analysis. Unless subdivision 2.b. of this subsection is utilized to 406 comply with the flood protection criteria, sStormwater conveyance systems 407 shall be analyzed from for compliance with flood protection criteria to a the 408 point of adequacy. where: 409 9 410 a. The site's contributing drainage area is Iccc than or equal to 1.0% of the 411 412 413 414 flow rate from the 1-0 year 24 hour 415 storm event is less than ° 416 417 418 419 c. The stormwater conveyance system enters a mapped floodplain or other 420 > 421 422 D. Increased volumes of sheet flow resulting from pervious or disconnected impervious 423 areas, or from physical spreading of concentrated flow through level spreaders, 424 must be identified and evaluated for potential impacts on down-gradient properties 425 or resources. Increased volumes of sheet flow that will cause or contribute to 426 erosion, sedimentation, or flooding of down gradient properties or resources shall 427 be diverted to a stormwater management facility or a stormwater conveyance 428 system that conveys the runoff without causing down-gradient erosion, 429 sedimentation, or flooding. 430 431 432 E. For purposes of computing predevelopment runoff, all pervious lands on the site 433 shall be assumed to be in good hydrologic condition in accordance with the U.S. 434 Department of Agriculture's Natural Resources Conservation Service (NRCS) 435 standards, regardless of conditions existing at the time of computation. Onsite areas 436 which provide depression storage must be accounted for in all calculations. 437 Predevelopment runoff calculations utilizing other hydrologic conditions may be 438 utilized provided that it is demonstrated to and approved by the VSMP authority that 439 actual site conditions warrant such considerations. 440 441 F. Predevelopment and postdevelopment runoff characteristics and site hydrology 442 shall be verified by site inspections, topographic surveys, available soil mapping or 443 studies, and calculations consistent with good engineering practices. Guidance 444 provided in the Virginia Stormwater Management Handbook and on the Virginia 445 Stormwater BMP Clearinghouse website shall be considered appropriate practices. 446 447 G. The entire drainage area must be considered when determining the design storm 448 and hydrologic methods. This includes both onsite and offsite contributing drainage 449 areas. For drainage areas less than 300 acres, a 10-year, 24-hour design storm 450 event for capacity design shall be used; for drainage areas equal to or greater than 451 300 acres, but less than 500 acres, a 25-year, 24-hour design storm event shall be 452 used; for drainage areas equal to or greater than 500 acres, a 50-year, 24-hour 453 design storm event shall be used. 454 455 Sec. 1-14. - Offsite compliance options. 10 456 457 458 459 C. Notwithstanding subsections A. and B. of this section, offsite options shall not be 460 allowed: 461 462 1 . Unless the selected offsite option achieves the necessary nutrient reductions 463 prior to the commencement of the operator's land-disturbing activity. In the case 464 of a phased project, the operator may acquire or achieve offsite nutrient 465 reductions prior to the commencement of each phase of land-disturbing activity 466 in an amount sufficient for each phase. 467 468 2. In contravention of local water quality-based limitations at the point of discharge 469 that are (i) consistent with the determinations made pursuant to subsection B of 470 § 62.1-44.19:7 of the Code of Virginia, (ii) contained in a municipal separate 471 storm sewer system (MS4) program plan accepted by DEQ, or (iii) as otherwise 472 may be established or approved by the State bBoard. 473 474 . . . . 475 476 Sec. 1-15. - Design storms and hydrologic methods. 477 478 A. Unless otherwise specified, the prescribed design storms are 120% of the one-year, 479 two-year, and 10-year, 25-year, 50-year and 100-year 24-hour storms using the 480 site-specific rainfall precipitation frequency data recommended by the U.S. National 481 Oceanic and Atmospheric Administration (NOAA) Atlas 14, Volume 2 Version 3.0. 482 Partial duration time series, as adjusted by the City of Virginia Beach Public Works 483 Design Standards Manual, shall be used for the precipitation data. 484 485 B. Unless otherwise specified, all hydrologic analyses shall be based on the existing 486 watershed characteristics and how the ultimate development condition of the 487 subject project will be addressed. 488 489 C. The U.S. Department of Agriculture's Natural Resources Conservation Service 490 491 . 492 • • 493 . Except as allowed in D. below, 494 all analysis shall use dynamic modeling. Predeveloped vs. post-developed runoff 495 comparisons shall be performed using the same method of analysis. 496 497 D. 498 use of the Rational Method for evaluating peak discharges. When total land 499 disturbance is less than 20,000 square feet or the proposed impervious area is at 500 least 10% less than the existing impervious area, stormwater design may use any 501 computer design program that utilizes the 24-hour design storm hyetoqraph with 11 502 increased precipitation and the static tailwater provided by the City of Virginia 503 Beach. Analysis of upstream and downstream impacts is not required under these 504 conditions. 505 • 506 • • 507 508 509 510 511 512 Sec. 1-20. - Grandfather provisions. 513 514 515 516 C. Land-disturbing activities grandfathered under this Subsections A and B shall 517 remain subject to the criteria of sections 1-22 through 1-27 for one additional state 518 permit cycle. After such time, portions of the project not under construction shall 519 become subject to the technical requirements of sections 1-10 through 1-19 and 520 any new technical criteria adopted by the State bBoard. 521 522 D. In cases where governmental bonding or public debt financing has been issued for 523 a project prior to July 1 , 2012, such project shall become subject to the technical 524 requirements of sections 1-22 through 1-27 of this Ordinance. 525 526 E. Land-disturbing activities that obtain an initial state permit or commence land 527 disturbance prior to July 1 , 2014 shall be conducted in accordance with the 528 technical criteria found in sections 1-22 through 1-27 of this Ordinance. Such 529 projects shall remain subject to these technical criteria for two additional state 530 permit cycles. After such time, portions of the project not under construction shall 531 become subject to any new technical criteria adopted by the State bBoard. 532 533 F. Land-disturbing activities that obtain an initial state permit on or after July 1, 2014 534 shall be conducted in accordance with the technical criteria found in sections 1-10 535 through 1-19 of this Ordinance, except as provided for above. Such projects shall 536 remain subject to these technical criteria for two additional state permit cycles. After 537 such time, portions of the project not under construction shall become subject to 538 any new technical criteria adopted by the State bBoard. 539 540 541 542 Sec. 1-23. - General. 543 544 A. Determination of flooding and channel erosion impacts to receiving streams due to 545 land-disturbing activities shall be measured at each point of discharge from the land 546 disturbance and such determination shall include any runoff from the balance of the 547 watershed that also contributes to that point of discharge. 12 548 549 B. The specified design storms shall be defined as either a 24-hour storm using the 550 NOAA Type "C" 24, hour, 25-year rainfall distribution recommended by the U.S. 551 Department of Agriculture's Natural Resources Conservation Service (NRCS) when 552 using NRCS methods or as the storm of critical duration that produces the greatest 553 required storage volume at the site. 554 555 556 557 Sec. 1-24. - Water quality. 558 559 A. Compliance with the water quality criteria may be achieved by applying the 560 performance-based criteria or the technology-based criteria to either the site or a 561 planning area. 562 563 564 565 Sec. 1-25. - Stream channel erosion. 566 567 A. Properties and receiving waterways, both upstream and downstream of any land- 568 disturbing activity shall be protected from erosion and damage due to changes in 569 runoff rate of flow and hydrologic characteristics, including, but not limited to, 570 changes in volume, velocity, frequency, duration, and peak flow rate of stormwater 571 runoff in accordance with the minimum design standards set out in this section. 572 573 B. The VSMP authority shall require compliance with subdivision 19 of 9VAC25-840- 574 40 of the Erosion and Sediment Control Regulations, promulgated pursuant to the 575 Erosion and Sediment Control Law. 576 577 C. The VSMP authority may determine that some watersheds or receiving stream 578 systems require enhanced criteria in order to address the increased frequency of 579 bankfull flow conditions (top of bank) brought on by land-disturbing activities or 580 where more stringent requirements are necessary to address total maximum daily 581 load requirements or to protect exceptional waters. Therefore, in lieu of the 582 reduction of the two-year postdeveloped peak rate of runoff as required in 583 subsection B. of this section, the land development project being considered shall 584 provide 24-hour extended detention of the runoff generated by the one-year, 24- 585 hour duration storm, as defined in this ordinance. 586 587 588 589 Sec. 1-26. - Flooding. 590 591 A. Upstream, Ddownstream and adjacent properties and waterways shall be protected 592 from damages from localized flooding due to changes in runoff rate of flow and 593 hydrologic characteristics, including, but not limited to, changes in volume, velocity, 13 594 frequency, duration, and peak flow rate of stormwater runoff in accordance with the 595 minimum design standards set out in this section. 596 597 B. The 10-year postdeveloped peak rate of runoff from the development site shall not 598 exceed the 10-year predeveloped peak rate of runoff nor provide any increase in 599 HGL upstream to the watershed limits and adjoining parcels downstream 600 contributing to the point of adequacy. 601 602 C. In lieu of subsection B. of this section, the City may, by ordinance in accordance 603 with § 62.1-44.15:33 of the Code of Virginia, adopt alternate design criteria based 604 upon geographic, land use, topographic, geologic factors, or other downstream 605 conveyance factors as appropriate. 606 607 D. Linear development projects shall not be required to control postdeveloped 608 stormwater runoff for flooding, except in accordance with a watershed or regional 609 stormwater management plan. 610 611 612 613 Sec. 1-30. - Hearings. 614 615 616 617 B. The hearings held under this Section shall be conducted by the Stormwater Appeals 618 Board at any time and place authorized by the Stormwater Appeals Board. 619 620 621 622 Sec. 1-35. - Public wWorks Design sStandards Manual. 623 624 The Public Works Sp d Design Standards Manual, including all future 625 amendments thereto is hereby adopted and incorporated by reference into this 626 ordinance. 627 628 more stringent provision of the 629 630 631 632 633 Sec. 1-37. - Effective date. 634 635 This ordinance shall become effective on July 1, 2011 636 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2020. 14 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (7,14/0 (4-, Dep`�rtm nt of Public Works City Attorney's ice CA14746 R-4 March 31, 2020 15 1 AN ORDINANCE TO CONFORM SECTION 2 6.3 OF THE FLOODPLAIN ORDINANCE 3 (APPENDIX K) TO THE PROVISIONS OF 4 THE PUBLIC WORKS DESIGN STANDARDS 5 MANUAL 6 7 Section Amended: Floodplain Ordinance § 6.3 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 6.3 of the Floodplain Ordinance is hereby amended and reordained 16 to read as follows: 17 18 Sec. 6.3. Application process. 19 20 21 22 B. All applications shall be accompanied by the following: 23 24 25 26 2. A preliminary floodplain study addressing the physical and 27 environmental characteristics of the floodplain located on adjoining 28 properties and in the general area. Such study shall be sufficient to 29 show that the variance, if granted, will meet the standards defined 30 in section 6.3 and in addition thereto, shall: 31 32 a. Contain supporting data and calculations as appropriate, 33 given the preliminary nature of the floodplain study; 34 35 b. Comply with all-applicable 36 standards the Public Works Design Standards Manual; and 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1Ly Planning partment CI ttorn y's Office CA1503t) R-1 March 9, 2020 2 1 AN ORDINANCE TO CONFORM SECTION 2 23-58 OF THE CITY CODE TO THE 3 PROVISIONS OF THE PUBLIC WORKS 4 DESIGN STANDARDS MANUAL 5 6 Section Amended: City Code § 23-58 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 23-58 of the City Code is hereby amended and reordained to read 12 as follows: 13 14 CHAPTER 23 OFFENSES 15 16 ARTICLE I. MISCELLANOUS OFFENSES 17 18 Sec. 23-58. Commercial parking lots. 19 20 . . . . 21 22 (f) Commercial parking lots shall at all times, whether or not they are in operation: 23 24 (1) Have a paved surface, inclusive of all drive aisles, which meets the 25 requirements of the Public 26 Works Public Works Design Standards Manual and the Site Plan 27 Ordinance; provided, that any commercial parking lot in operation as of July 1, 28 2002 shall not be required to provide curbing so long as wheel stops 29 composed of concrete or asphalt are provided and maintained in good 30 condition and repair at all times; 31 32 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: il -Ici1._._ Planning D partment City Attorney's Office CA15029/R-1/March 9, 2020 1 AN ORDINANCE TO CONFORM SECTIONS 2 103 AND 107 OF THE CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE 4 (APPENDIX F) TO THE PROVISIONS OF 5 THE PUBLIC WORKS DESIGN STANDARDS 6 MANUAL 7 8 Sections Amended: Chesapeake Bay 9 Preservation Area Ordinance §§ 103 and 107 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance 18 is hereby amended and reordained to read as follows: 19 20 APPENDIX F - CHESAPEAKE BAY PRESERVATION AREA ORDINANCE 21 22 . . . . 23 24 Sec. 103. Definitions. 25 26 The following words and terms used in this ordinance shall have the following 27 meanings, unless the context clearly indicates otherwise. 28 29 . . . 30 31 Public road. A publicly owned road designed and constructed in accordance with 32 water quality protection criteria at least as stringent as requirements applicable to the 33 Virginia Department of Transportation, including regulations promulgated pursuant to (i) 34 the Erosion and Sediment Control Law (Section 10.1-560 et seq. of the Code of 35 Virginia), and (ii) the Virginia Stormwater Management Act (Section 10.1-603.1 et seq. 36 of the Code of Virginia). This definition includes those roads where the Virginia 37 Department of Transportation exercises direct supervision over the design or 38 construction activities, or both, and cases where roads are constructed or maintained, 39 or both, by the City in accordance with the 40 Public Works Design Standards Manual. 41 42 . . . . 43 44 Sec. 107. Plan of development process. 45 46 . . . . 47 48 (3) A stormwater management plan containing maps, charts, graphs, tables, 49 photographs, narrative descriptions, explanations, and supporting 50 references. At a minimum, the stormwater management plan shall contain 51 the following: 52 53 54 55 (f) For stormwater management facilities, verification of structural 56 soundness, which shall be certified by a professional engineer. All 57 engineering calculations shall be performed in accordance with the 58 59 ace ns Public Works Design Standards Manual and the 60 current edition of the Virginia Stormwater Management Handbook 61 and Virginia Beach Stormwater Management ordinance. 62 63 64 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De artme6t City Attorney's Office CA15034 R-1 March 9, 2020 2 �Hu. t��tt Oo ;��-,17 fr . � .� C • 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 16,2020 at 6:00 p.m.,at which time the following applications will be heard: Goldpetal Farms[Applicant)Wave Church (Owner)Conditional Use Permit (Recreation and Amusement Facility of an Outdoor Nature)2655 Seaboard Road(GPIN 2404606318)COUNCIL DISTRICT-PRINCESS ANNE Danny K.&Patricia S.Martin,Bryan&Arleen Martin,Robert&Natalie Faison[Applicants and Owners)Conditional Rezoning(B-2 Community Business District(Shore Drive Corridor Overlay) to Conditional R-5R Residential Resort District(Shore Drive Corridor Overlay))3705 Surly Road (GPIN 1489491015)COUNCIL DISTRICT-BAYSIDE Stefanie Guthrie[Applicant)Jack P.Guthrie,Jr.(Owner)Conditional Use Permit(Residential Kennel)3541 Champlain Lane(GPIN 1486654646)COUNCIL DISTRICT-ROSE HALL Jeffrey Franklin [Applicant] Gregory & Jeannine Simon [Owners] Conditional Use Permit (Commercial Kennel) 1825 Indian River Road (GPIN 2413310682) COUNCIL DISTRICT - PRINCESS ANNE Spence Crossing Properties, LLC[Applicant&Owner]Conditional Rezoning(Conditional B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development(A-36 Apartment District Overlay)) Modification of Proffers Southwest Corner of Princess Anne Road & South Independence Boulevard (GPINs 1485153507 & 1485141752) COUNCIL DISTRICT - CENTERVILLE CITY OF VIRGINIA BEACH -An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Sea Level Wise Adaptation Strategy and to Amend Sections 1.1,1.2,2.2,and 2.3 CITY OF VIRGINIA BEACH-An Ordinance to conform Sections 1.2,5.1 and 5.16 of the Site Plan Ordinance(Appendix C)to the provisions of the Public Works Design Standards Manual CITY OF VIRGINIA BEACH-An Ordinance to conform Sections 5.1,5.2,5.3,5.4,5.5,5.6.5.7, 5.10.6.1 and 6.3 Of the Subdivision Regulations(Appendix B)to the provisions of the Public Works Design Standards Manual CITY OF VIRGINIA BEACH-An Ordinance to conform Sections 246 and 1501 of the City Zoning Ordinance (Appendix A), and section 6.2.6 of the Oceanfront Resort District Form-Based Code(Appendix 1)to the provisions of the Public Works Design Standards Manual Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at)tttoi/www.vbPov.com/oo.For information call 385-4621. Any citizen wishing to make comments virtually during the public hearing should follow a two- step process provided below: •Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTI D=e2aebb8bb823ea54f 1ba59046575 83a49 •Register with the City Clerk's Office by calling(757)385.4303 or via email at ABarnes@vbgov.coni prior to 5:30 p.m.on June 16,2020 If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385.4303:Hearing Impaired call 711. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon:May 31,2020&June 7,2020-i TIME EACH ICI it I. PLANNING 1. DANNY K. & PATRICIA S. MARTIN,BRYAN & ARLEEN MARTIN,and ROBERT & NATALIE FAISON for a Conditional Change of Zoning from B-2 Community Business District to Conditional R-5R Residential Resort District re demolish existing single-family dwelling and construct three-story duplex at 3705 Surry Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. SPENCE CROSSING PROPERTIES,LLC for a Conditional Change of Zoning from Conditional B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development re eliminate commercially zoned property and construct 224 residential units and Modification of Proffers at the Southwest corner of Princess Anne Road and South Independence Boulevard (Approved June 26,2007)DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 3. GOLDPETAL FARMS,LLC/WAVE CHURCH for a Conditional Use Permit re recreation and amusement facility of an outdoor nature at 2655 Seaboard Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. JEFFREY FRANKLIN/GREGORY & JEANNINE SIMON for a Conditional Use Permit re commercial kennel at 1825 Indian River Road DISTRICT 7—PRINCESS ANNE APPLICANT REQUESTS WITHDRAWAL RECOMMENDATION: APPROVAL 5. STEFANIE GUTHRIE/JACK P. GUTHRIE,JR. for a Conditional Use Permit re residential kennel at 3541 Champlain Lane DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 6. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Virginia Beach Sea Level Wise Adaptation Strategy and AMEND Sections 1.1,1.2,2.2, and 2.3 RECOMMENDATION: APPROVAL 7. Ordinances to CONFORM to the provisions of the Public Works Design Standards Manual: a. Sections 246 and 1501 of the City Zoning Ordinance(CZO) (Appendix A) and Section 6.26 of the Oceanfront Resort District Form-Based Code(Appendix 1) b. Sections 5.1-5.7, 5.10, 6.1, and 6.3 of the Subdivision Regulations (Appendix B) c. Sections 1.2, 5.1 and 5.16 of the Site Plan Ordinance(Appendix C) RECOMMENDATION: APPROVAL th 4� N -- Dupont Circle Noy Io r / , PV tr, CO Io \ a) > o ; •� v w, ' O. L I L!) a) o a L � o 2 1 _O \--- c a ♦ ,C\ L._ ii 4 1 L 1 Ilk . 7-----,_____ , -7 f---------/ , '\ 1 C CIS N { L a) ca \ \ •,,-. Imo, `��``�th 11\i* \ m ,/,‘, '//i\ \ ., N• \. •_. c. i ..\, a, 0.5 = / iv ce /` ca c O �// \ •� lo / Uca { \ e l `, I = CU yMM Q 1" W / )\___1 N a N C 0 , / / \_______—J ti , / j-______ CZ CD 3 Cto C C_ .C ` '0 :f2 p N le\i\ \ ` in N a m -7 _ .� E s :ti (4 .�.. isi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DANNY K. & PATRICIA S. MARTIN, BRYAN & ARLEEN MARTIN, AND ROBERT & NATALIE FAISON [Applicants & Property Owners] Conditional Change of Zoning (B-2 Community Business District (Shore Drive Corridor Overlay) to Conditional R-5R Residential Resort District (Shore Drive Corridor Overlay)) for the property located at 3705 Surry Road (GPIN 1489491015). COUNCIL DISTRICT — BAYSIDE MEETING DATE: June 16, 2020 • Background: The applicants are requesting to rezone the 7,100 square foot parcel from B-2 Community Business (Shore Drive Corridor Overlay) to Conditional R-5R Residential Resort District (Shore Drive Corridor Overlay). The proposal includes the demolishing of the existing single-family dwelling that was built in 1920 in order to construct a three-story duplex. Given the site's irregular shape, which was platted in 1916, the parcel cannot meet the minimum lot width requirement of 75 feet or lot area requirement of 10,000 square feet for a duplex on property zoned R-5R Residential Resort District. Therefore, the applicant is requesting deviations to both the lot width and lot area requirements, 42 feet in total width and 7,184 square feet of total lot area respectively. Each unit will have a two-car, front loading garage with two parking spaces provided in each driveway. The primary exterior building materials are indicated as premium vinyl siding with stone accents. The existing ingress/egress along Shore Drive will be eliminated, and vehicular access will be limited to Surry Road. Evergreen shrubs and small ornamental flowering trees are planned along Shore Drive. • Considerations: In Staffs view, and the Planning Commission concurred, the proposal is consistent with the Comprehensive Plan's vision for the Suburban Focus Area 1 — Shore Drive Corridor, as the request does reflect the recommendation of promoting compatible in-fill development at a density comparable to the surrounding area. The proposal will result in a density slightly above 12 units per acre, retaining its status as one of the least densely developed properties along the north side of Shore Drive. Maintaining the property with a residential use is consistent with the Comprehensive Plan's desire to avoid over-commercialization by preserving and protecting the character of the established neighborhood. Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Page 2 of 2 The requested deviations to the lot area and lot width are supported by both Staff and the Planning Commission, as no adverse detrimental effects are anticipated on surrounding properties based on the quality of the site and building design, and that the development adheres to the current requirements of the R-5R Residential Resort District regarding setbacks, lot coverage, floor area, and impervious surface. With a lot area larger than many of the parcels along Surry Road, no negative effects to surrounding properties are expected. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this application. ■ Recommendations: City Staff recommends approval of this request. On March 11 , 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 7 City Manager: TA L, r 0 Applicants& Property Owners: Danny K. & Patricia S. Martin, Agenda Item Bryan & Arleen Martin, and Robert & Natalie Faison Public Hearing: March 11, 2020 2 ,i,,„/ City Council Election District: Bayside Virginia Beach Request Conditional Rezoning (B-2 Community Business District(Shore Drive Corridor Overlay) to Conditonal R-5R Residential Resort District (Shore Drive Corridor Overlay)) Staff Recommendation Approval V ft. -.1��' , Staff Planner 4' � • •�i�� Marchelle Coleman •�� 40 Location w 3705 Surry Road GPIN 1489491015 Site Size 7,184 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/B-2 Community �, :; � Business (Shore Drive Corridor Overlay) r � Zoning Districts -. • `� Surrounding Land Uses and Zo g c 6 itts. 1• t•, ram.North M Surry Road f 1I * •. j•. n Duplex dwellings / R-5R Residential (Shore I . . •, :'� ! '- j Drive Corridor Overlay) r „� ' k 4%, . IW`" +� ^'. South �• ..,.- Shore Drive t• •• 3 ' Vi„ . ' 1, is i ' • Commercial retail, multi-family dwellings/B-2 t ,, ;�. Community Business(Shore Drive Corridor Overlay) & B-4 Mixed Use (Shore Drive Corridor = • • Overlay) East Law office/B-2 Community Business (Shore . Drive Corridor Overlay) West Duplex/R-5R Residential (Shore Drive Corridor Overlay) Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 1 Background & Summary of Proposal • The applicant is requesting to rezone a 7,184 square foot parcel from B-2 Community Business (Shore Drive Corridor Overlay)to Conditional R-5R Residential Resort District(Shore Drive Corridor Overlay). • The existing lot was created in 1916 and the the single-family dwelling on the property was constructed in 1920.The lot is situated on a through lot with street frontage along Shore Drive and Surry Road. • In 1954,Princess Anne County adopted its first Zoning Ordinance and this property was designated as CL-3 Limited Commercial Zoning District, rather than RD-2 Residence Duplex Zoning District,which the majority of the surrounding properties with residential units were classified. By labeling this property as CL-3 Limited Commercial District,the existing single-family dwelling became a legally non-conforming use.The CL-3 Limited Commercial Zoning District would later be reclassified to B-2 Community Business with the adoption of the City of Virginia Beach Zoning Ordinance in 1973. • The owners of the property are now proposing to demolish the 100-year old single-family dwelling to construct a three-story duplex comparable to the existing residential uses along Surry Road. Each unit of the duplex will have two front loading garages with two parking spaces provided in the driveway.The primary exterior building materials are faux cedar shake vinyl and premium vinyl with stone accents, as depicted on page eight of this report. Colors of all materials will be a combination of earth tone colors indicative of coastal communities,as indicated in Proffer 2. • Given the site's irregular shape,the site does not meet the minimum requirements of the current R-5R Residential Resort Zoning District.Therefore, pursuant to 107(i)of the City Zoning Ordinance,the applicant is requesting deviations to lot area and lot width. Required Proposed Lot Width (Square Feet) 75 42 Lot Area (Square Feet) 10,000 7,184 • To remain in keeping with the residential character of the neighborhood,vehicular access to the site is proposed along Surry Road.The applicant proposes to eliminate the access point along Shore Drive. • A four-foot white PVC vinyl fence is proposed along Shore Drive and will be five feet from the the property line. Per the Landcape&Fence Exhibit,depicted on page eight of this report,evergreen shurbs and small ornamental flowering trees will be installed, providing sufficient buffering and screening along Shore Drive. 4 4 4 Danny K. & Patricia S. Martin, Bryan&Arleen Martin, and Robert&Natalie Faison Agenda Item 2 Page 2 ,4__ i .......__, rsoR if* 1"' ,� Zoning History s ' / # Request :►,� 1 CRZ(B-2 to Conditional B 4)Approved 11/15/2016 �� ar I CUP(Multi Family Dwellings)Approved 11/15/2016 //ii. I�� *1 IMOD(Boat Sales&Small Engine Repair)Approved f - a 07/02/2002 1p-41 III '' r- CUP(Boat Sales&Small Engine Repair)Approved '%" �_ �� 05/09/2000 • CUP(Gasoline Service Station)Approved 01/28/1985 2 CRZ(B-2 to Conditional B-4)Approved 06/19/2018 -•--: CUP(Multiple-Family Dwellings)Approved 06/19/2018 -- 41*-.11W- ( 3 MOD Approved 12/12/2006 .., s "2 '1 a2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—ConditionalRezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation This request to rezone the 7,184 square foot parcel from B-2 Community Business District(Shore Drive Corridor Overlay) to Conditional R-5R Residential Resort District (Shore Drive Corridor Overlay)to construct a three-story duplex is acceptable. The property is located within the Suburban Focus Area 1-Shore Drive Corridor.The proposed rezoning is consistent with the recommendations of the Comprehensive Plan by promoting compatible infill development at a density comparable to the surrounding area.The proposal results in a density slightly above 12 units per acre, retaining its present standing as one of the least densely developed properties on the north side of Shore Drive. Being that this property is currently zoned B-2 Community Business(Shore Drive Corridor Overlay), a commercial use is allowed with access available along either Shore Drive or Surry Road. Both options could ultimately provide negative affects on neighboring properties.Therefore, maintaining this use as a residential property adheres to the Comprehensive Plan's desire to avoid over-commercialization by preserving and protecting the character of this established neighborhood.As many of the properties along Surry Road are duplexes,this request is compatible with the character of the Ocean Park neighborhood.Consistent with the Shore Drive Corridor Plan Guidelines,the proposed materials and design elements of faux cedar shake vinyl and premium vinyl with stone accents help enhance the economic vitality and visual aesthetics of the Shore Drive Corridor. The site has a low-lying topography and is located entirely in the AE flood zone.According to the FEMA Firm Based , Elevation map,it appears the Base Flood Elevation (BFE)for the site is seven feet.The proposed elevations depict a garage at the lowest level. However,the living level of the structure must be at or above an elevation two feet above the BFE.Any part of the first level that is below the BFE must be constructed with flood resistant materials and be properly vented as outlined in the Floodplain Ordinance.The applicant is aware of these requirements. Deviations to lot area and lot width have been requested.The applicant is requesting that these deficiencies be addressed through the provisions of Section 107(i)of the Zoning Ordinance,which states that the rezoning shall not be approved by the City Council unless"it finds that either special circumstances pertinent to the site or the proposed conditions of rezoning adequately offset the negative effects of deficiency"and may"for good cause shown and upon a finding that there will be no significant detrimental effects on the surrounding properties". Based on this, Staff concludes that the deviations proposed with this request are warranted given that no adverse detrimental effects are Danny K. & Patricia S. Martin, Bryan&Arleen Martin,and Robert&Natalie Faison Agenda Item 2 Page 3 anticipated on the surrounding properties,given the quality of the site and building design,and that the proposed development adheres to the current requirements of the R-5R Residential Resort District regarding setbacks, lot coverage,floor area,and impervious surface. It is also important to note,that many of the R-5R zoned lots along Surry Road are developed with duplex structures, many of which are deficient in both lot width and lot area.With this lot being the larger of many of the lots along Surry Road,there will be no negative effects to the surrounding properties. Staff finds the request to rezone this site to be consistent with the desires of the Comprehensive Plan,as the site is currently zoned B-2 Community Business(Shore Drive Corridor Overlay)and could potentially be developed as a commercial site.Staff does not consider a commercial use on this property to be a practical development, as it would conflict with the residential character of the properties along Surry Road. Therefore,the proposal to rezone this property from B-2 Community Business (Shore Drive Corridor Overlay)to Conditional R-5R Residential Resort(Shore Drive Corridor Overlay)to construct a three-story duplex would not negatively impact adjacent residential neighbors and will be consistent with the existing duplex properties along Surry Road.The applicant appeared before the Bayfront Advisory Commission and no opposition was raised. Based on these considerations,Staff recommends approval of the request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is redeveloped, it shall be improved with a residential duplex to be located and accessed,as well as landscaped substantially as shown on the exhibits entitled "REZONING EXHIBIT OF LOT 5 BLOCK 26 SECTION "B" OCEAN PARK M.B. 5 P. 137 VIRGINIA BEACH,VIRGINIA",dated December 2,2019, prepared by Gallup Surveyors& Engineers, Ltd. and "LANDSCAPE&FENCE EXHIBIT OF LOT 5 BLOCK 26 SECTION "B"OCEAN PARK M.B. 5 P. 137 VIRGINIA BEACH, VIRGINIA", dated December 17, 2019, prepared by Frankenfield Design &Development LLC,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Rezoning Exhibit"). Proffer 2: The architectural design of the duplex depicted on the Rezoning Exhibit will be as depicted on the exhibit entitled, "3705 SURRY ROAD DUPLEX",dated December 17, 2019 (hereinafter"Elevations")with the primary exterior building materials being faux cedar shake vinyl, premium vinyl and stone accents (front).The colors will be light earth tones such as beige, cream,or light brown, along with white.The elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 3: When the Property is developed,the Grantors shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of either unit for a term of less than thirty(30)days.The Condominium Unit Owners'Association shall be responsible for maintaining all open spaces,common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential units owners, in the Condominium Association shall be mandatory. Danny K. & Patricia S. Martin, Bryan &Arleen Martin,and Robert& Natalie Faison Agenda Item 2 Page 4 Proffer 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor.The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park.While primarily a residential community,the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors,creating unique and sometimes problematic challenges.The area is considered a resort neighborhood and not a resort destination.The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Planning policies that apply to this request include improving the land use compatibilities,avoiding over- commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.The site is also located entirely in the AE Flood Zone with a Base Flood Elevation of seven feet.There does not appear to be signficiant natural or cultural resources associated with the site. Traffic Impacts Street Name _ Present Volume Present Capacity Generated Traffic Existing Land Use 1-10 ADT Surry Road No Data Available Existing Zoning Land Use 2—90 ADT Proposed Land Use 3—20 ADT 1 as defined by a single-family 2 as defined based on potential 3 as defined by a 2-unit duplex dwelling .17 acre B-2 zoning use dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Surry Road in the vicinity of this application is considered a two-lane undivided local street. There are no roadway Capital Improvement Program projects slated for this roadway. This property also fronts Shore Drive,which is part of the Shore Drive Corridor Improvement-Phase IV project. This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections, improve storm drainage,include a multi-use trail,five-foot sidewalk and on-street bike lanes,and enhance the corridor with aesthetic elements such as landscaping and lighting.Construction on this project is currently scheduled to begin in 2024. Danny K. &Patricia S. Martin, Bryan &Arleen Martin, and Robert& Natalie Faison Agenda Item 2 Page 5 Public Utility Impacts Water The site must connect to City water. Each dwelling unit will require a separate and exclusive water service line and meter for connection to the public water system. If adequate,the existing water service to the site may be used to accommodate 1 dwelling unit. Sewer The site must connect to City sewer. Each dwelling unit will require a separate and exclusive sewer lateral for connection to the public sewer system. If feasible,the existing sewer lateral to the site may be used to accommodate 1 dwelling unit. Public Outreach Information Planning Commission • The applicant met with the Bayfront Advisory Commission on to disuss the details of the request. Based on the Bayfront Advisory Commissions review of the request, no objections were raised. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020 and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • 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 March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 31, 2020 and June 7,2020. • 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 June 1, 2020. • 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 June 12, 2020. Danny K. & Patricia S. Martin, Bryan &Arleen Martin, and Robert& Natalie Faison Agenda Item 2 Page 6 Proposed Site Layout & Rezoning Exhibit ��vn �►R'o % a3651 o ZgS PPwo-- P N(F) a ,rW o� E' ' - . •• IOMNHOMES Al ROANOtKE r AVENUE. A CONDOMINIUM v� PIN(F) I.N. 20180406000282030 (PLA') LOT 5 LOT 6AA I.N. 20171004000854810 (PLAT) OPM4 14$9-49-9074 Property Line r; -- \'o. o ZONED: 8-4 PROPOSED C � �J ) �� 9s0`A' UNE OF I \ 0" Proposed SECOND VI �� Three-Story FLOOR of 3 S7ORy ✓ r DUPLEX \ 'Duplex i `N06 NOW OR FORMERLY CAROL T. CHAPPELL BRETHAUER ; - - i PIN I.N. 20060307000351830 I l0T 4 r�i ' i UNIT A I I M.B. 5 P. 137 i7 • ,I I • GPM: 1489-49-1094 f = ` -'- i I ZONED: B-2 N I /en 10.5' /v 1 PROPOSED /o W UNE OF •f •� I+{a SECOND �, 0FLOOR ( / P cc 0 I3m I h 1- z _ I 3713 AND 3715 SURRY ROAD CONDOMINIUM a ?0 �/a I.N. 200305140075183 (PLAT) c) 707.9. fIFLO PROPOSED LOT 3 DRIVEWAY M.B. 5 P. 137 P,I.(F) GPIN: 1489-49-0183 ._ : I ZONED: R-5R - fSr . PIN(r) SU 8 �cunto r 41.9. 5 P.7533 ,e. 1475 REZONING EXHIBIT .4.1,1,LTH of Of �01 , LOT 5 BLOCK 26 o D' TLER y SECTION B'' No. OCEAN PARK 38399 M.B. 5 P. 137 12.2 0'2°4' VIRGINIA BEACH. VIRGINIA TONAL I-- SCALE: 1' = 20' DECEMBER 2. 2019 FEBRUARY 6. 2020--REV GALLuP SURVEYORS k D4CINEDtS 727 nosy COMM oo/n won•VEAIx WM%7345• SHEET 1 OF 2 (757)0b111X7 Danny K. & Patricia S. Martin, Bryan &Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 7 Proposed Landscape & Fence Exhibit I- LCH DM4-6•HARDWOOD YULat -I- t-.) - 11-1AW1ATTAN EUOYMRA l c1 � 6 O.C..26'-W6•HC1DI1 � o /krill Al NSTALLAIN O v �f0 3-Clni WOWS WW1 O1 C ("� � 2 •_ Y-6'HE01/T Al MStMtAfl 011 O � � 51 psBAco e. tip NOT. •SE1AQtflW E�cF. n cA5‘ WN TOHOMES AT ROANOKE y AVENUE. A CONDOMNNRJM I.N. 20180406000282030 (PLAT) e LOT 5 LOT 6AA I 1r1 I.N. 20171004000854810 (PLAT) GPIN: 1489-49-9074 G ' '� �'o' Z' ZONED: 8-4 t.f+ 7 a) t_T t!. $• Proposed ` DsEO Three-St ory Property Line � Duplex i4 \06 NOW OR FORMERLY CAROL T. CHAPPELL BRETHAUER r'IN.(F) I.N. 20060307000351830 LOT 4 4. IT M.B. 5 P. 137 n ,i 3 GPIN: 1489-49-1094 UNIT 84 , ZONED: 8-2 ��' X 3. m d^ 10.5' ''' S; 56 , \ ...^ e 'o n a cem VI^4. Um i- z 6 3713 AND 3715 SORRY ROAD • CONDOMINIUM its, 2C• S/0 I.N. 200305140075183 (PLAT) 107.9' ProN PROPOSED LOT 3 DRIVEWAY M.B. 5 P. 137 PiN(F) GPIN: 1489-49-0183 1 . ZONED: R-5R Rm1.98745 PIF\(! ) fXrS)• CURB k ti+tFF, P. 137 (PLAT) LANDSCAPE & FENCE EXHIBIT OF LOT 5 BLOCK 26 SECTION "8" OCEAN PARK M.B. 5 P. 137 VIRGINIA BEACH, VIRGINIA SCALE: 1" - 20' DECEMBER 17, 2019 FRANKENFIELD DESIGN & DEVELOPMENT LLC 1400 W00DHOUSE ROAD VIRGINIA BEACH, VA 23454 757-472-4054 19-101 borrylrankenfieldOgma9.com SHEET 1 OF 1 Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 8 Proposed Elevation Plan +z'. -�■ i.»; ■w o■ ,sin k --- rat %ji MI' �-F�z ■E of` 1 I:-j j ■ NE g,_,.., , , _fir= ,. , . . . : IQD ��Tiil� ' s fFfP 16CYA1p11 ligifmE 6£U7TI _ rT I — 'i ni r _______ ._._1::_-_,c,10._-,,.__,=,-„,z.r ..„_. . ....,. i---,4 ,. ._. �. :�. __—_..__. MT YOo FtFYATiOM 37OS SU RV ROAD DUPLEX +Ddc. 17, ?D!`t Danny K. & Patricia S. Martin, Bryan &Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 9 Site Photos ., :a , , `' ,t` i'r,d 1� r,, .. . i.,::::4,!:•.:' ilt Ite,e+1 6'• ,fit a4, ♦4 04" ,. 0 ,. 1,..i 1 , __ , kJ .__„...„ . 0, A i I '7.,.r • .ai 41 Pa APB Pi�r v ! ♦ r j. t ll a.:? , ^s. 4. 5 • 4,. , ! ,,.,, ,.. /i ,f..., 1 lioimi--1-----ii: -at'. - .i.-.., - _. ----- . -' : Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 10 Disclosure Statement Vi3 Virginia Reach Danny K.&Patncia S Martin;Bryan&Arleen Martin;& APPLICANT'S NAME Robert&Natalie Faison DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes _Exception for (EDIP) - Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page I of 7 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING HAI IDio :///�� NO CHANGFS AS OF DATE. 6/4/2020 MI,C L/',` �-7 REVISIONS SUBMITTED DATE:l..L Danny K. & Patricia S. Martin, Bryan &Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 11 Disclosure Statement Virginia Brach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Danny K &Patricia S.Martin If an LLC, list all member's names:Bryan&Arleen Martin.Robert&Natalie Faison 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 l or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronerty owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2 2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the .pplication 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 Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 13 Disclosure Statement APPLICANT Virginia Brach YES NO SERVICE PROVIDER(use additional sheets If needed) x i n Accounting and/or preparer of f I /� your tax return �VI riArchitect/Landscape Architect/ Frankenfield Design&Development, I I Land Planner LLC Contract Purchaser(if other than n V\ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) F-1 xi Construction Contractors Engineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd. Financing(include current ❑ F mortgage holders and lenders i/� selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes,Bourdon,Ahern&Levy,P.0 Real Estate Brokers/ f�l Agents/Realtors for current and I I anticipated future sales of the subject property •Gaddy Engineering Services,LLC 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 Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 14 Disclosure Statement • n . ..,- Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. i 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 � Z/VZ Danny K. Martin i2-/,S- PI APELIC NT's ATN URE PRINT NAME DATE ,4--3_- Patrica S.Martin 11-/fS'Pi Page 5 of 7 Danny K. & Patricia S. Martin, Bryan &Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 15 Disclosure Statement 1/1B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Bryan Martin ) g t? PROPE,(2TY OWNER'S SIGNA,URE PRINT NAME DATE// / t 1 ( . ,. — Arleen Martin /2 /eM Page 7 of 7 Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this (.,,.,‘,/ ,/ Application. Robert Faison V/kh. PRO TY OWNER'S SIG ATURE PRINT NAME DATE ' ` Hx -t .. Natalie Faison /O 11 eh Page 7 of 7 Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Agenda Item 2 Page 17 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 approvals allowed by this application 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. Danny K. & Patricia S. Martin, Bryan&Arleen Martin,and Robert&Natalie Faison Agenda Item 2 Page 18 Item#2 Danny and Patricia Martin,Bryan and Arlene Martin,Robert and Natalie Faison Conditional Rezoning(B-2 Community Business District(Shore Drive Corridor Overlay)to Conditional R-5R Residential Resort District(Shore Drive Corridor Overlay)) 3705 Surry Road March 11,2020 RECOMMEND FOR APPROVAL-CONSENT Mr. Redmond:Thank you Commissioner Inman, returning to agenda items. The last agenda item is agenda item number two. This is an application of Danny K&Patricia S.Martin, Brian&Arleen Martin and Robert&Natalie Faison, application for a Conditional Rezoning, B-2 Community Business District Shore Drive Corridor Overlay to Conditional R-5R Residential Resort District in the Shore Drive Corridor Overlay on property located at 3705 Surry Road,Bayside District. Welcome Mr.Bourdon. Mr. Bourdon: Thank you Commissioner Redmond,Mr.Vice Chair,members of the Commission again for the record Eddie Bourdon, Virginia Beach Attorney representing the Faisons and the Martins. We appreciate this matter being on the consent agenda. A gentlemen did sign up but he was not opposed.The neighboring property owner was concerned about the driveway of this property that goes out onto Shore Drive which we have to remove and is being replaced with a sidewalk and I told him I would put it on the record. Absolutely,we have to replace the driveway that's been there for gosh who knows how many decades with a sidewalk when this property is redeveloped. I appreciate being on the consent agenda. I neglected also to thank new members,Ms.Klein and Mr.Coston. You get the baptism under fire with this agenda. I haven't seen one like this in 35 years. So,thanks for your service. Mr. Redmond:Thank you,Mr.Bourdon, and I neglected to ask if there was any opposition to this matter being placed on the consent agenda. Hearing none,the Chairman has asked me,Mr. Redmond,to review this application. The applicant is requesting to rezone an approximately 7000 square foot parcel from B-2 Community Business District to R-5R Residential Resort District. This is a very old lot and house.The lot was created in 1916 and single family dwelling was built in 1920, all of this predated the Zoning Ordinance. Princess Anne County adopted its first zoning ordinance in 1954 and the property was designated then as CL-3,which is a Limited Commercial Zoning District rather than a Residential District. The owners of the property are now proposing to redevelop it to demolish that house and to replace it with a duplex,which you can see there. The elevations are appropriate for this part of the City in this part of Shore Drive. It's a very odd shaped property; it appears to have been a site design,thank you, a site design that well fits the shape of the property. The particular part of the building that faces the roadway is the part that has the greatest architectural articulation. In short,it's an appropriate application for this type of property particularly given history with the City.There is no opposition to the amendment and the Commission concurs with the Staff's recommendation of approval and therefore approves it by consent. Ms.Cartwright:Vote is open. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 with Mr. Alcaraz abstaining from items 23,24,25 and 26 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE ABSENT Barnes Coston AYE ABSENT Graham Horsley AYE Inman AYE Klein AYE ABSENT Oliver Redmond AYE Wall AYE Weiner AYE PROFFERS r.: Proffer 1: When the Property is redeveloped, it shall be improved with a residential duplex to be located and accessed,as well as landscaped substantially as shown on the exhibits entitled"REZONING EXHIBIT OF LOT 5 BLOCK 26 SECTION"B"OCEAN PARK M.B. 5 P. 137 VIRGINI A BEACH,VIRGINIA",dated December 2,2019,prepared by Gallup Surveyors&Engineers, Ltd.and"LANDSCAPE& FENCE EXHIBIT OF LOT 5 BLOCK 26 SECTION"B" 0 OCEAN PARK M.B. 5 P. 137 VIRGINIA BEACH,VIRGINIA",dated December 17,2019,prepared by Frankenfield Design&Development LLC,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Rezoning Exhibit"). Lf��w NVA; I Proffer 2: The architectural design of the duplex depicted on the Rezoning Exhibit will be as depicted on the exhibit entitled,"3705 SURRY ROAD DUPLEX",dated December 17,2019(hereinafter "Elevations")with the primary exterior building materials being faux cedar shake vinyl, premium vinyl and stone accents(front).The colors will be light earth tones such as beige, cream, light brown,along with white.The elevations have been exhibited to the Virginia or Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 3: When the Property is developed,the Grantors shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of either unit for a term of less than thirty(30)days. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces,common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership,by all residential units owners,in the Condominium Association shall be mandatory. Proffer 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. y • ri. „' 4 r, `\ CITY OF VIRGINIA BEACH = INTER-OFFICE CORRESPONDENCE ,lop 5 Op OUR NpR In Reply Refer To Our File No. DF-10408 DATE: June 5, 2020 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson rab3 DEPT: City Attorney RE: Conditional Zoning Application; D. & P. Martin/B. &A. Martin/R. & N. Faison The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 16, 2020. I have reviewed the subject proffer agreement, dated December 18, 2019 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 DANNY K. MARTIN and PATRICIA S. MARTIN BRYAN MARTIN and ARLEEN MARTIN ROBERT FAISON and NATALIE FAISON TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) j CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 18th day of December, 2019, by and between DANNY K. MARTIN and PATRICIA S.MARTIN,BRYAN MARTIN and ARLEEN MARTIN and ROBERT FAISON and NATALIE FAISON, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 7,184 square feet which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from B-2 Community Business District to Conditional R-5R Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the GPIN: �489-49-1015-0000 PREPARED BY: MU SYK£S, BOURDON, AIWRN&L£`s'Y,P.C. Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22i6o 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be improved with a residential duplex to be located and accessed, as well as landscaped substantially as shown on the exhibits entitled"REZONING EXHIBIT OF LOT 5 BLOCK 26 SECTION"B"OCEAN PARK M.B.5 P. 137 VIRGINIA BEACH,VIRGINIA",dated December 2, 2019,prepared by Gallup Surveyors & Engineers, Ltd. and "LANDSCAPE & FENCE EXHIBIT OF LOT 5 BLOCK 26 SECTION "B" OCEAN PARK M.B. 5 P. 137 VIRGINIA BEACH, VIRGINIA", dated December 17, 2o19, prepared by Frankenfield Design & Development LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Rezoning Exhibit"). 2. The architectural design of the duplex depicted on the Rezoning Exhibit will be as depicted on the exhibit entitled, "3705 SURRY ROAD DUPLEX", dated December 17, PREPARED BY 2019 (hereinafter "Elevations") with the primary exterior building materials being faux NM SUB',DOHRDON, cedar shake vinyl, premium vinyl and stone accents (front). The colors will be light earth IN AH£RN IVY'r3'c tones such as beige, cream or light brown, along with white. The elevations have been 2 exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. When the Property is developed, the Grantors shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. 1 All references hereinabove to the R-5R Residential District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along PREPARED BY: FM SUES, BOVRDON, with said instrument as conclusive evidence of such consent, and if not so recorded, said OA HtuN&Lam.P.C. instrument shall be void. The Grantors covenant and agree that: 3 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: la:lari SYKES, BOURDON, GSM AHERN&LEW RC. 4 WITNESS the following signature and seal: Grantors: (SEAL) D, nny . Martin L) Patricia S. artin STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 18th day of December, 2019, by Danny K. Martin and Patricia S. Martin, Grantor. Jj Notary Public um�tq� My Commission Expires: August 31, 2022 �. •�y H. Notary Registration Number: 192628 A ° M1 ss.i4jPU8,,0. PREPARED BY: NM SYKES, BOURDON, AIIERN&LEVY,P.C. 5 WITNESS the following signature and seal: Grantors: (SEAL) ryan Martin (SEAL) Ar een Martin STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 18th day of December, 2019, by Bryan Martin and Arleen Martin, Grantor. s7d')":(1 . :Thr77(1 /46. Notary Public My Commission Expires: August 31, 2022 R• I I. 41 Notary Registration Number: 192628 ` Si #MOryii,C(? • • 9is 4?8 = ram. e PREPARED BY: a:SYK£S,IOURDON, AII£RN&LEVY,P.C. 6 WITNESS the following signature and seal: Grantors: ai-<4 ,.r.4_,,,___) (SEAL) Robert Fais \ G ''@` , w` _ (SEAL) Natalie Faison STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 18th day of December, 2019,by Robert Faison and Natalie Faison, Grantor. y 4-,d,,i . ( --M Notary Public w1e.q. My Commission Expires: August 31, 2022 tp'R, h • Notary Registration Number: 192628 . 4,94‘. it. cpwiMo Nt- 7:9 9+ ?s28 = Al moo PREPARED BY: NE SYK£S.BOURDON, MI AH ERN&L£VY.P.C. 7 EXHIBIT "A" ALL THAT certain lot of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being at Ocean Park in the City of Virginia Beach,Virginia, known as Lot 5, in Block 26, as shown on the plat marked "SEC. `B' OF OCEAN PARK, PORTION OF THE PROPERTY OWNED BY OCEAN PARK CORPORATION", made by P.R. Mueller, April 1, 1916, and recorded in the Clerk's Office of the Circuit Court of said City; said Lot being more particularly described as follows: BEGINNING at a point on the north side of Lynnhaven Boulevard, at the dividing line between LOTS 5 and 4, in BLOCK 26, and running thence north along the dividing line 113.47 feet to the southern line of Surry Road; thence west along the south side of Surry Road 48 feet to the dividing line between LOTS 5 and 3; thence south along the last mentioned line 76.30 feet to the dividing line between LOTS 5 and 6; and thence southerly along the last mentioned line 75 feet to the north line of Lynnhaven Boulevard, and thence eastwardly 42 feet to the POINT OF BEGINNING. GPIN: 1489-49-1015-0000 H:\AM\Conditional Rezoning\Martin\37o5 Surry Road\Proffer Agreement_clean 2-05-2o2o.docx PREPARED BY MU SAILS,DDURDDN. GM AH[PN&L[vY,P.C. 8 '110 - (I) Cad bo % ,; N, / . -. . , ` " Co N 7. O O I , .fik ~ < ;;;;. ..\.-, ,-.> 4., i • 0, p q b /7 0., . <.,-. ,, .. ,. . -. • - ,, , .. . . s , ,c:,.a. / ,,,- 6lit , r-i \ :. ., AE..; - $ ,/, - 9 ).4.. --.. / co •.- 1 16c i •.:, R .0„. 0,' ..' V-,..%t s. -'' . . / oe, / L J 176 1. ' , 41. a f), 7 El) N ,.5 - G164:\ .*/ ', Tc ' C3k -a a t) r ,, .. . % r-, p C ), L--1 c:j_ ,-----0 0 0 A f _ r, 4 ' J a� 'a 444 4(:>—. 1 ' lebr ---:-704tote. >_ _ , ic. ...i > o o 2, 1.' i: N '.., ,.. -. 'IC/ :1 00 t',,,\ 7iP -,,Ns. ,./,<__, NN -Tn. o 12 .• / 0 N 0 a) (111 . . -. /9 011 \/0 X o 0�:. . aeyt.,, o , — 0d 4 ,09 0 0 ..--- e/\<> (L) a) r ‘--..- I,n \," . 0 '1,P X P ' cf) _c . = 00 ---„,n s:6-- ° ' .(>' ' 0 — : tI � s ..\--\iiit\---1 --- t:; � , OCS, t - ). C5> 2 lo '..7.---,,\_ . d `` V II/\�� 1 \ _b� n p 2 ,6 ), ,,NN, s. , _ • C\ CA-. ' - .4 ) \ ii, 1.0 .-(i0 .- - 44), '''1C--:1 \''' 41 f,6` c-.)\,,t) II l ` ' \‘* 1 ° ' P j eos-v a m DO ',?: '0Y,411 ,-\0.0.0 '', J f(� �r�l '1 1\111 1 1. L III 1 1 r l r1 a ...__E _Ei CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SPENCE CROSSING PROPERTIES, LC [Applicant & Property Owner] Conditional Change of Zoning (Conditional B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development (A-36 Apartment District Overlay) & Modification of Proffers (approved by City Council in 2007) for the property located at the southwest corner of Princess Anne Road and S. Independence Boulevard (GPINs 1485153507, 1485141752). COUNCIL DISTRICT — CENTERVILLE MEETING DATE: June 16, 2020 • Background: In 2007, City Council rezoned a 130-acre site, what was then known as the Spence Farm, in order to develop a community of single-family dwellings, townhouses and apartments with approximately 26 acres of commercial and office space. Nearly 200,000 square feet of retail and office uses, as well as a six-floor hotel with 150 rooms was programmed. In 2017, City Council approved a rezoning of approximately half of the commercial acreage to Conditional PD-H2 (A-12 Apartment District Overlay) that removed the hotel and reduced the amount of retail and office space. This also resulted in development of the site with up to 144 additional residential units which are currently under construction. The applicant had been attempting to market the commercial portion of the development since taking ownership in 2012. In response to market changes, the applicant desires to eliminate the remaining 14.50 acres of commercially zoned property and in its place construct up to 224 residential units in two phases. These units will be in 16 multi-family buildings consisting of eight, three-story garden flats and eight, two-story quad buildings. As such, a Conditional Rezoning from B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development, and a Modification to Proffers applications were submitted to facilitate these changes to the master plan. • Considerations: The request is consistent with the Comprehensive Plan's recommendations for the Suburban Area, which calls for the creation of great neighborhoods and enhanced open spaces. This is achieved through compatibility with surroundings, high quality and attractive site design and buildings, sufficient amounts of open space and effective buffering, and a reasonable relationship to the surrounding uses. The change in retail and commercial market conditions from the initial creation of Spence Crossing also affects the proposal and staff believes that completing the Spence Crossing Properties, LC Page 2 of 3 development with compatible building styles and dwelling units with amenities would be more compatible than leaving the area vacant. These multi-family units will be in substantial conformance with the existing architectural style and building materials present throughout the Spence Crossing community. The proposed density of approximately 15 units to the acre is complementary to the adjacent area, which is a mix of between eight to 12 units to the acre. A minimum of 4.0 acres of open space (27.5%) is proposed within the new residential development, which exceeds the minimum requirement of 15% for the PD-H2 zoning district and is greater than the 17.2% overall open space throughout the Spence Farm community. The quad development will include a large dog park for use by all residents of the existing Spence Crossing community. The three- story garden flats will be a separate condominium association, and will have its own amenities, including a private pool. The newly proposed amenities, amount of open space, and expanded sidewalk network, will all ensure a high-quality development consistent with the original vision of the 2007 Spence Farm proposal. The proposed vehicular access will be along S. Independence Boulevard. The 2007 proffer agreement required the installation of a traffic signal once development levels warranted its installation. The revised proffer agreement will require the traffic signal to be installed following the occupancy of the third building, and prior to the start of the fourth building (proffer references prior to the issuance of the 72nd Certificate of Occupancy which is the total number of units in the first three buildings). Traffic Engineering Staff has reviewed this concept and found it acceptable. A right-in vehicular access point along Princess Anne Road that was approved with the rezoning in 2007 will be eliminated. With the elimination of the commercial development that could have yielded up to 15,140 average daily trips (ADT), the ADT with the residential use will be reduced to 8,915, resulting in significantly less traffic than originally projected with the 2007 rezoning. S. Independence Boulevard, Princess Anne Road, and other local roadways all operate with present capacity exceeding current volumes. So, this reduction in projected average daily trips will be a benefit to all who travel these rights-of-way. The proposed project and associated impervious cover are in conformance with the previously approved Master Drainage Study for the overall Spence Crossing development. This Master Drainage Study was updated in 2019 for reasons unrelated to this application and reviewed by both the DSC and the Public Works Stormwater Engineering Center to verify that there will be no negative impacts upstream and downstream of the project. An existing series of interconnected ponds will provide quality and quantity treatment for the entire development. No new stormwater management facilities will be required for the project. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Spence Crossing Properties, LC Page 3 of 3 The application was originally reviewed by the Planning Commission on February 12, 2020 at which time they passed a motion by a recorded vote of 8-0, with 1 abstention, to recommend approval of the request. For that hearing, Staff received one letter of support and 13 letters in opposition. There were no speakers at the public hearing. Those opposed expressed disappointment regarding the loss of commercial development adjacent to their residences as well as concerns about what they perceive to be a lack of amenities serving a greater number of residents. Following the hearing, an error was discovered regarding Staff's oversight of the need for the Modification of Proffers application. Based on this omission, it was determined that the full request, to include the Conditional Rezoning and the Modification of Proffers would be required to be acted upon by the Planning Commission, which they did so on May 27, 2020. There were no letters or speakers at that hearing. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, with 1 abstention, to recommend approval of this request. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: //ttz, Applicant and Owner Spence Crossing Properties, LC Agenda Item Public Hearing February 12, 2020 City Council Election District Centerville 5 City o/ Virginia Beach Request Conditional Rezoning(Conditional B-4 to Conditional PD-H2(A-36 Overlay) Planned Unit Development) - 4 / / 1 Modification of Proffers lit Staff Recommendation Approval • kok."------- Staff Planner • �„J Landfair 1Bill0.411kA Location igniv,migiwr 40 Southwest corner of Princess Anne Road and S. Independence Boulevard AlbGPINs 1111.1 _ A 1485153507, 1485141752 fifi ( , Site Size 14.50 acres SPIII AICUZ Less than 65 dB DNL Watershed Southern Rivers • c Existing Land Use and Zoning District w._ - .'" Vacant/Conditional B-4 Mixed-Use z . c •Surrounding Land Uses and Zoning Districts _ - .' North -} :P`:" Princess Anne Road Single-family dwellings,assisted living facility/PD- H1 Planned Unit Development,0-2 Office yam, South Single-family dwellings/PD-H2 Planned Unit - �y- - Development I - ) + _ a ,., S. Independence Boulevard "'" East .,1 / `Y .. S. Independence Boulevard Multi-family dwellings/PD-H2 Planned Unit 'y .::r ., Development �. x 4=& West Single-family&quad dwellings/PD-H2 Planned Unit Development Spence Crossing Properties, LC Agenda Item 5 Page 1 Background and Summary of Proposal • In 2007,City Council rezoned a 130-acre site of what was then known as the Spence Farm, in order to develop a community of single-family dwellings,townhouses and apartments with approximately 26 acres of commercial and office space. The approved plan included nearly 200,000 square feet of retail and office, as well as a six- floor hotel with 150 rooms. • In 2017,City Council approved a rezoning of approximately half of the original commercial acreage to Conditional PD-H2 (A-12 Overlay)to remove the hotel and reduce the amount of retail and office space. This resulted in a site to be developed with up to 144 residential units in the form of 36"quad" buildings. This phase of development is currently under construction and has been integrated into the greater Spence Crossing master plan. • Since that time, and in response to market changes,the applicant now desires to eliminate the 14.50 acres of remaining commercially-zoned property,and instead construct up to 224 residential units in 16 buildings in the form of multi-family buildings, both three-story garden flats(eight buildings) and two-story quad buildings(eight buildings). As such,a Conditional Rezoning from B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development(A-36 Apartment District Overlay), and a Modification to Proffers applications were submitted to facilitate these changes to the master plan. • The submitted concept plan depicts the proposed residential units in two sections. The 132 three-story garden flats will be located north of Spence Crossing Way,extending along the S. Independence Boulevard frontage to the intersection with Princess Anne Road,and then along the entire frontage with Princess Anne Road. The 92 two-story quad units, identified on the plan as"Luxury Villas,"will be located south of Spence Crossing Way along S. Independence Boulevard. • The residential units will be designed in substantial conformance with the existing architectural style and finish materials present in the other neighborhoods within the Spence Crossing community. The three-story garden flats will average approximately 1,300 square feet in size,while the two-story quad units will average approximately 1,750 square feet in size. Landscape buffers, including undulating berms and variable height plantings,will surround the residential units and be similar in style to what now exists throughout the Spence Crossing community. • The quad development will include a large dog park for use by all residents of the existing Spence Crossing community. The three-story garden flats will be a separate condominium association, and will have its own amenities, including a private pool. • A minimum of 4.0 acres of open space (27.5%) is proposed for the residential development which exceeds the minimum requirement of 15%for a PD-H property. Amenities will include a dog park,three pocket parks,and a series of walking paths which will provide access between neighborhoods, amenity areas, and parks. In accordance with the Bikeways and Trails Plan,a shared use path with a minimum width of eight feet will be required along the frontage with S. Independence Boulevard and Princess Anne Road. • The site is proposed to be accessed via Spence Crossing Way,along S. Independence Boulevard,which will have a traffic signal. A modification to an original proffer requires installation of the traffic signal following the occupancy of the third building, and prior to the start of the fourth building(proffer references prior to the issuance of the 72nd Certificate of Occupancy which is the total number of units in the first three buildings). Traffic Engineering Staff has reviewed this concept and found it acceptable. A right-in access point from Princess Anne Road in support of commercial development has been deleted. Spence Crossing Properties, LC Agenda Item 5 Page 2 tiW ••11,..p0,5,. ! -'h�' . v . ? Zoning History 107, 0),0% ,00,% ''.,.q \✓2 N°*t # Request 1 MOD(Proffers)Approved 12/12/2017 00 DO CRZ(Conditional B 4 to Conditional PD-H2(A 12 iii@ ® , �O ®Q% Overlay))Approved 12/12/2017 ' •,. \0 CS"'-�' `, CRZ(R-5D to Conditional A-24, B-4, PD-H2(A 12 �� C; OG � Overlay))Approved 06/26/2007 ... . �� 2 CUP(Bulk Storage Yard)Approved 03/25/2003 Si°. •IV' . ` �'� cF� CRZ(R-5D to Conditional B-2)Approved 06/22/1999 / d46• N ,- < 3 CUP(Housing for Seniors and Disabled)Approved Ae�' .. .. 05/27/2014 Q jN CRZ(PD-H1 to Conditional 0-2)Approved 02/08/2011 1A d�nesya. . /� 0 r� . V, Application Types 1 MOD — Modification of Conditions or FVR—Floodplain Variance CUP—Conditional Use Permit Proffers LUP—Land Use Plan U REZ—Rezoning ALT—Alternative Compliance STR—Short Term Rental NON—Nonconforming se SVR—Subdivision Variance CRZ—Conditional Rezoning STC—Street Closure Evaluation and Recommendation The Spence Crossing development continues to mature with a mixture of high-quality residential dwelling choices that include single-family dwellings,townhouses, quadraplexes,and apartments throughout the larger 130-acre site. While the original plan called for a "main-street" style commercial development to serve the residents of Spence Crossing; market challenges have caused the developer to reassess this approach and instead pursue additional residential dwellings that will benefit from existing transportation routes and nearby employment centers. The proposed addition of the 224 dwelling units and the elimination of the commercially-zoned property is, in Staff's opinion, acceptable. The submitted proffered site layout and elevations, along with the previously approved design guidelines that remain in effect, all provide confidence that the site will be developed in an attractive logical manner. Significant amenities and plant material are also proffered to improve livability for residents, and provide a seamless visual transition with the existing Spence Crossing community. The request is consistent with the Comprehensive Plan's recommendations for the Suburban Area, which calls for the creation of great neighborhoods and enhanced open spaces. This is achieved through compatibility with surroundings, high quality and attractive site design and buildings, sufficient amounts of open space and effective buffering,and a reasonable relationship to the surrounding uses. Staff believes that these principles are addressed in the application. The proposed dwellings will be of similar style and scale with the adjacent Spence Crossing residential neighborhood. The density of approximately 15 units to the acre is complementary to the adjacent area,which is a mix of between eight to 12 units to the acre. The existing community amenities that all residents of Spence Crossing will have access to, the newly proposed amenities,the amount of open space, and expanded sidewalk network,will all ensure a high-quality development consistent with the original vision of the 2007 Spence Farm proposal. Based on anticipated student generation rates,the additional dwelling units will result in a total of 42 additional students for Salem Elementary, Middle, and High Schools. The elementary school and high school are currently Spence Crossing Properties, LC Agenda Item 5 Page 3 operating below capacity based on current demographic information. The Virginia Beach City Public Schools Staff has confidence that these new students can be easily accommodated at all three schools. The proposed Conditional Rezoning will result in significantly less traffic than originally approved with the 2007 rezoning, which would have yielded up to 15,140 Average Daily Trips(ADT). With the elimination of the commercial development, the Average Daily Trips will be reduced to 8,915 ADT. S. Independence Boulevard, Princess Anne Road,and other local roadways all operate with present capacity exceeding current volumes. Princess Anne Road is listed on the City's Master Transportation Plan as an Access-Controlled roadway, meaning that direct driveway access is not permitted along Princess Anne Road. In addition,the Transportation chapter in the City's Comprehensive Plan notes that no additional access be allowed to Princess Anne Road to new development in this area. Consistent with this,the previously approved right-in vehicular access point along Princess Anne Road has been removed from the plan. The proposed development and associated impervious cover will be in conformance with the previously approved Master Drainage Study for the overall Spence Crossing development. This Master Drainage Study was updated in 2019 and reviewed by both the Planning Department's Development Services Center and Public Works Department's Stormwater Engineering Center to verify no negative impacts upstream and downstream are anticipated with the project. Based on the considerations above, Staff recommends approval of Conditional Rezoning request and of the Modification of Proffers, subject to the submitted proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers 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: Proffer number 1 in the 2007 Proffers is hereby deleted and replaced with the following"NEW PROFFER 1": In order to create a sense of place featuring stormwater retention ponds as aesthetic amenities,community centers, and multiple residential products,the Grantor agrees to develop the Property with the elements and character set forth on the Land Use Plan entitled, "CONCEPTUAL MASTER PLAN" (the "Plan"), prepared by LRK and depicted in the Renaissance Park Design Guidelines book(the "Design Guidelines"),dated November 28, 2006, last revised March 23, 2007,a copy of which is on file with the Department of Planning and has been exhibited to the City Council. Proffer 2: 1. As referenced by Proffer 31 in the 2007 Proffers and within Recommendations 1 through 7 in Chapter 7 of the TIA prepared by Bryant Goodloe, last revised February 26, 2007, Recommendation 3(e) will be modified as follows: 3(e.) A traffic signal will be warranted. This installation will need to be an 8-phase signal that allows the side street lefts on both sides to go at the same time. Pedestrian signal heads will also be needed with ped push buttons. These installations will be completed prior to the issuance of the 72"d certificate of occupancy of the Three- Story Garden Flat units called out on the exhibit entitled, "Conceptual Site Plan,Spence Crossing at Princess Anne",dated October 2, 2019. Spence Crossing Properties, LC Agenda Item 5 Page 4 Proffer 3: Proffers numbered 19, 20, 22, 23, 24, 25, 26, 27, 28, 30,and 33, as contained in the 2007 Proffers, are hereby deleted. Proffer 4: Except as hereby modified or expressly deleted,the remainder of the 2007 Proffers are affirmed and remain unchanged. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. The Comprehensive Plan includes in the Transportation chapter that no additional access be allowed to Princess Anne Road to serve the development. When the property was rezoned in 2007, City Council approved a right-in access point on Princess Anne Road to help make commercial development on the site more viable. With this Conditional Rezoning the right-in access point is no longer necessary and has been removed from the plan. Natural and Cultural Resources Impacts The site is in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils,and high-water surface elevations in downstream receiving waters. There do not appear to be any significant natural or cultural resources associated with the site. The proposed project and associated impervious cover are in conformance the previously approved Master Drainage Study for the overall Spence Crossing development. This Master Drainage Study was updated in 2019 and reviewed by both DSC and Public Works Stormwater Engineering Center to verify no negative impacts upstream and downstream of the project. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Independence Boulevard 17,300 ADT1 36,900 ADT 1(LOS 4 Existing Proffered Land Use 2-15,140 ADT(7,275 ADT „D„) for residential&7,865 ADT for commercial) Proposed Land Use 3—8,915 ADT(7,275 ADT for ADT1 74,000 ADT 1(LOS 4 existing residential&1,640 ADT for proposed Princess Anne Road 48,500 "D") residential) 1 Average Daily Trips 2 as defined by the 3 as defined by the existing 4 LOS=Level of Service existing residential and residential and the 14.5 acres of B-4 Mixed- replacement of 14.5 acres of Use property B-4 Mixed-Use with residential Spence Crossing Properties, LC Agenda Item 5 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road is currently an eight-lane divided major urban arterial roadway. This roadway is classified as an Access Controlled Principal Arterial roadway in the Master Transportation Plan. This section of Princess Anne Road in the vicinity of the proposed development is completely built out and there are no plans for any improvements to this roadway. S. Independence Boulevard is a four-lane divided major suburban arterial roadway. No roadway improvements projects are proposed for this section of S. Independence Boulevard. Public Utility Impacts Water There is an existing 24-inch City water transmission main along Princess Anne Road and an existing 16-inch City water transmission main along South Independence Boulevard. The development must connect to City water. Sewer There is an existing 10-inch City sanitary sewer gravity main encroaching not the property(1485-14-1752) within a 30- foot utility easement along South Independence Boulevard,and an existing eight-inch City sanitary sewer force main along South Independence Boulevard. The development must connect to City sewer. School Impacts Change 2 Salem Elementary 471 545 18 18 Salem Middle 1,076 1,064 10 10 Salem High 1,711 2,047 14 14 "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 met with the Spence Crossing Homeowners' Association on January 30, 2020 to discuss the details of the request. According to the applicant,there were about 100 people in attendance. • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on January 13, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays,January 26,2020 and February 2, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on January 27, 2020. • 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 February 6, 2020. Spence Crossing Properties, LC Agenda Item 5 Page 6 City Council • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, May 31, 2020 and June 7, 2020. • 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 June 1, 2020. • 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 June 12, 2020. Spence Crossing Properties, LC Agenda Item 5 Page 7 Proposed Rezoning Exhibit • m n r peon auuy ssaw!ad - I is X W C p �P C O n U r , < .G / Q �' 4 a) 0 TO _ C m L oo Q // .N N ca _ 0 / a) a. b1) C O Q v, O O — % d V N Cc Q ! N _ ` Q = v., p bA d W V) W •1 O 7 d v) v) U z — — I W z G U ( 44 V.1 V) Spence Crossing Properties, LC Agenda Item 5 Page 8 i Conceptual Site Plan N r N ///�� r G 3 N L C — U g' A '/ l c A E U 3 y .=' /v�I A A c V N C b L. e L W Ot `I. f a6.je.t ° � cd F�4Av33� p.� Ei�D a v t > c N N n 0 c A N 5,F O y V .N F Y N Fag t o N h Z • + Vn CCQ O-S Vt-Y NtNE,gLO S L Q, A 0 aW4u a c"9 > .+OML cAUOo .n Eo aA QyuCA$ r - "ZoUa G UU m AZU •f, j000 O 0 1 +�--t f ��LL Q i c„,..7)._____(.. _ - co (i.,..' 1 i 1 i • J � CL ��/ ' /) Q1 _ o ----.) I � N E=C 713 N / _ 1 1 c Q O i C O ; • �(. it`d i� / c U ♦ + I • i Ii `3rr tl I Y S, t. Iv, Af?M PuISS °f `� Q J dJtlsa V- '- Z�in c4In Q � t. tr. I ko T. z y 0 N N pe m a 0 C. , 1 V N y, 2 2 lD 01 to M T l7, < 10 T tL 0 0, tT V1 O M ,� U Vl = 0 E a a N V C O rV - • .I+ L" G., = t4 ti .. x a) 7,1 cc a) W a ns 17, Q. ."1 H H =o N 0 Qj'n a CJ ... 0 Q >,.. N N d N U ll) 0 Q C M Cfl IN'•t N to CU N O > t10 I . % y O U C Z 1.- O - = O C. d Y W to a w a O _ Jo a r' ^ Spence Crossing Properties, LC Agenda Item 5 Page 9 Conceptual Open Space Plan o • . 7 (V • T LJ- ' H �O a G - uy ssa)uud a- --ECJIMINIMEM'- - is ,L,--z-11' 7, i l• LIL J. T I , t . ro `Cb r• I _: no i ct ' lb' a ch o 1.1 ;tea a . • ^ tb Q If 11 I cu C.) Cu 0 0.8 / I If 1I,s h� I �-6 • c < < < < < < lit �1 —.�U Z ■ v N a. z od A W a N ov U ; Z ZW im W W V 1 Spence Crossing Properties, LC Agenda Item 5 Page 10 Parks & Streetscape Exhibit W TT 'rig If il: if II 1 t t :a .1 1 J o w 'A411° U N M a> 1 5 o 3 ,�, • i1 " N O cZ i � Zic, co (� cO Q1 E .c V ra d ' U a t v d • leis is, Z v lc C:=2) ,:: UW U z W a Ua z • w C4 Spence Crossing Properties, LC Agenda Item 5 Page 11 Parks & Streetscape Exhibit Lin L. • Ii+ V V a v a a fit.t ,ig, o 4 F . dilk-le a ` I it ..; k+,t a T 4tet 4 e• i 01LLI . th I Cl../ Crl Q '5' u v o o. c co ■ I( — a CL 0.I MI R ; - 00 Al G silo • 0 so C C. n' 1 V 1 W Ma a.�•� le CI o _, _ fon U o 3 o.. „ Q w yam -. e z H ,. Li.. w a Spence Crossing Properties, LC Agenda Item 5 Page 12 Photos of Proposed Buildings t , .._ ,, . .. ,.-.III . , .. _ .... .....______ „. __, . i LI ... i 11011)60 - j....u... ...... . ,. . , 1 I : ... •.:-.,.fr7...z.1-..," -..- ',-..1 ‘ .' ---- 41.4..... .4_ . ..... I j=1 ,,,, . - - - ' II 7-- - ' , . ': I 441414114 I, , 4. , . fififr 1 Illr U41,‘''0.• ' ' , 1 .4•41.•!.1 ..r".4r". • .4• .44... '. •I •''''C..."_.:• , ‘,411.. ",- 'i0:4414•'''.r: - • "r' '. ''.' •'-' •''';'^•' ."'..'4"C': •,I: '14'. ',;:' • ' . •:_.: .:4.4. %.' . 4...''''' A , '''. '....:-.'..ilsi:Alt-...-:,:... '•.4.-;,.., ' ii,..- -..":'.- SPENCE CROSSING Architectural Elevation.Luxury Villas I )1t-t( i-\ October 2.2019 AT rtzINCLY,-\:\:\1 COMPANIES .711, ,..: -..; . •, ,,,.. ----------....,_ .--.. ----....,./..' . . - -... .....:(.., . . —....a•Ir . .. :; • ' /1 II •,.•( '::::-..... :---,.:::•' • L ! I ",.., r i I l a0 • ',./' ' . , ' .--"' • ..-.-._ ..„. - - •:::-Cr 41,.:: • • .I 1.11 , In go . ,4 a 11 y -- . .4. 11 III ' _ — ma 0, .. , -___. .... L-L..- - III • ..--.-.-...,: .1.5. ., . t,-_-_-_-=-_-:7 ,L 4 MO NAN IT° „id * j . 7R. - . '. ''''''- ,..;..,. ...44.'- - ...doe.- '----'---'-''' • -.. : . -- .-•, . . ,., SPENCE C.Ik9SSING Architectural Elevation.Three-Story Garden Flats DR-1.G October 2,2citg Al l'RINCL.li,ANNE COMPANIES Spence Crossing Properties, LC Agenda Item 5 Page 13 Site Photos upprink ., , r r 40 s . .:4. N'maiiipirr II • ` ILL'.' .^ Y ti.;. :,.-... ..wwoIt,.Y► . . - 4 .„, .:F r ,... t , �t ,° „, ,... Spence Crossing Properties, LC Agenda Item 5 Page 14 Disclosure Statement Virginia Beach APPLICANT'S NAME Spence Crossing Properties, LC 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 R)weeks prior to any Page 1 of 7 PlannIn,Commission and Cltt Council meetin,,that k,ertalns to the a;j lication(s). APPLICANT NOTIFIED OF HEARING DATE. e 1 � id NO CHANGES AS OF DATE: klgFw gal W.L, At - REVISIONS SUBMITTED DATE: Spence Crossing Properties, LC Agenda Item 5 Page 15 Disclosure Statement Virginia Beach n Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IX Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Spence Crossing Properties LC If an LLC, list all member's names: Spence Crossing Residential, Inc., sole member: Helen E. Dragas, Pres/CEO; Sarah Horvath,VP; Brian Kokoska,VP; Robert C. Makin, CFO/Treasurer; " If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) **Joyce B. Witt, Secretary/Shareholders: Helen E. Dragas;Anita D. Weaver; Mary D. Shearin;Jennifer D. Steadfast (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if.property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Spence Crossing Properties, LC Agenda Item 5 Page 16 Disclosure Statement Vr3 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than p° p, 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 Spence Crossing Properties, LC Agenda Item 5 Page 17 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If - needed) ® El Accounting and/or preparer of Dragas Management Corporation your tax return ® rArchitect/Landscape Architect/ Thomas Steele Land Planner Contract Purchaser(if other than r the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed I I M purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) Construction Contractors Dragas Management Corporation TiEngineers/Surveyors/Agents The Pinnacle Group Engineering Financing(include current //r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes,Bourdon,Ahem&Levy PC • -- Real Estate Brokers / xn Agents/Realtors for current and Dragas Realty Inc. �� f ' anticipated future sales of the subject ro ert _ 'Kaufman&Canoles,P.C. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Spence Crossing Properties, LC Agenda Item 5 Page 18 Disclosure Statement .4\---T 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. Spence ing Properr s,LC �APPL CANT'S SIGNATURE , PRINT NAME DAT }e?j.eh 1-,D e�4t MS6•c1s f.3,lee..plionipe —� Page 5of7 Spence Crossing Properties, LC Agenda Item 5 Page 19 Disclosure Statement CERTIFICATE OF MEMBERSHIP OF SPENCE CROSSING PROPERTIES,LC Effective with the issuance of a certificate of organization by the Virginia State Corporation Commission("SCC"), Robert C. Makin hereby certifies that he has caused to he organized by the filing of Articles of Organization with the SCC,Spence Crossing Properties,LC,a Virginia limited liability company(the "Company")of which Spence Crossinn Residential. Inc. is the sole member. Additional members may be admitted by the consent of the Member in accordance with the tens and conditions of,and by the execution by all Members and additional Members,of a written Operating Agreement for the Company. Until the adoption of a written Operating Agreement by the Member,the Company shall be managed and governed by Drops Associates,Inc.as Manager,with full power to execute any and all contracts,agreements or other documents on behalf of the Company,and with such other rights and duties as may be specifically provided in the Virginia Limited Liability Company Act. Prior to the adoption of this Certificate,the Organizer shall serve as Manager for the sole purpose of the formation of the Company. SOLE MEMBER: Spence Crossing Residential,Inc. Date: 3\Ii l 4tienE.Drag 40 .. •President aantt.d Agreed to al I executed hereunder solely for purposes of acknowledgement: O. • Date: 31'\13 Robert C.Makin,Org izer Spence Crossing Properties, LC Agenda Item 5 Page 20 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 approvals allowed by this application 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. Spence Crossing Properties, LC Agenda Item 5 Page 21 Items#1 & #2 Spence Crossing Properties,LLC Conditional Rezoning(Conditional B-4 Mixed Use District to Conditional PD-H2 Planned Unit Development(A-36 Apartment District Overlay)) Southwest Corner of Princess Anne Road& South Independence Boulevard May 27,2020 RECOMMEND FOR APPROVAL- CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Mr. Landfair: Madam Chair, the first consent agenda items are items one and two. Spence Crossing Properties LLC for conditional rezoning request from B-4 Mixed Use District to conditional PDH2 Plan Unit Development with A36 Apartment District Overlay and a modification of proffers for the property located at the southwest corner of Princess Anne Road and South Independence Boulevard in the Centerville District. Before we turn to the applicants representative, Mr. Nicholas Baum, I would like to answer the question raised earlier today by Commissioner Wall. In response to your question concerning bullet number five found on page two of the staff report, there is a typo in referencing the units. It should read 192, three story garden flats and 32, two story quad units. I apologize for that typo. We will now turn to Mr. Nicholas Baum. Mr. Baum, when you speak, please first identify yourself for the record and indicate whether you support staffs recommendation. Mr. Baum the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Baum: This is Nick Baum representing Dragas Management Corporation. I support staffs recommendation. Mr. Landfair: Thank you. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those 1 sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8,9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. 2 Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond: Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent,Bill. Mr. Landfair: Madam Chair, the first consent agenda items are items one and two. Spence Crossing Properties LLC for conditional rezoning request from B-4 Mixed Use District to conditional PDH2 Plan Unit Development with A36 Apartment District Overlay and a modification of proffers for the property located at the southwest corner of Princess Anne Road and South Independence Boulevard in the Centerville District. Before we turn to the applicants representative, Mr. Nicholas Baum, I would like to answer the question raised earlier today by Commissioner Wall. In 3 response to your question concerning bullet number five found on page two of the staff report, there is a typo in referencing the units. It should read 192, three story garden flats and 32, two story quad units. I apologize for that typo. We will now turn to Mr. Nicholas Baum. Mr. Baum, when you speak, please first identify yourself for the record and indicate whether you support staff's recommendation. Mr. Baum the floor is yours. Please pause three seconds before speaking, so that we can unmute your microphone. Thank you. Mr. Baum: This is Nick Baum representing Dragas Management Corporation. I support staff's recommendation. AYE 8 NAY 0 ABS 1 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner ABSTAIN PROFFERS Proffer 1: Proffer number 1 in the 2007 Proffers is hereby deleted and replaced with the following "NEW PROFFER 1": In order to create a sense of place featuring stormwater retention ponds as aesthetic amenities, community centers, and multiple residential products,the Grantor agrees to develop the Property with the elements and character set forth on the Land Use Plan entitled, "CONCEPTUAL MASTER PLAN" (the"Plan"),prepared by LRK and depicted in the Renaissance Park Design Guidelines book(the"Design Guidelines"), dated November 28,2006, last revised March 23, 2007, a copy of which is on file with the Department of Planning and has been exhibited to the City Council. Proffer 2: 4 1. As referenced by Proffer 31 in the 2007 Proffers and within Recommendations 1 through 7 in Chapter 7 of the TIA prepared by Bryant Goodloe, last revised February 26, 2007, Recommendation 3(e) will be modified as follows: 3(e.) A traffic signal will be warranted. This installation will need to be an 8-phase signal that allows the side street lefts on both sides to go at the same time. Pedestrian signal heads will also be needed with ped push buttons. These installations will be completed prior to the issuance of the 72nd certificate of occupancy of the Three-Story Garden Flat units called out on the exhibit entitled, "Conceptual Site Plan, Spence Crossing at Princess Anne", dated October 2, 2019. Proffer 3: Proffers numbered 19, 20, 22, 23, 24, 25, 26, 27, 28, 30, and 33, as contained in the 2007 Proffers, are hereby deleted. Proffer 4: Except as hereby modified or expressly deleted, the remainder of the 2007 Proffers are affirmed and remain unchanged. 5 01131A•BE,4e ' CITY OF VIRGINIA BEACH a INTER-OFFICE CORRESPONDENCE T S OF OUR NPt�ON In Reply Refer To Our File No. DF-10394 DATE: June 5, 2020 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson ' DEPT: City Attorney RE: Conditional Zoning Application; Spence Crossing Properties, LC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 16, 2020. I have reviewed the subject proffer agreement, dated January 23, 2020 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 PREPARED BY: RETURNED TO: Jeffrey M.Stedfast(VSB#25967) Beverly Kay Wilson,Esq. Kaufman&Canoles Deputy City Attorney 150 West Main Street,Suite 1900 2401 Courthouse Drive, Building 1 Norfolk,Virginia 23510 Virginia Beach,VA 23456 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS TO: SPENCE CROSSING PROPERTIES, LC, a Virginia limited liability company and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of January, 2020, by and between SPENCE CROSSING PROPERTIES, LC, a Virginia limited liability company, Grantor, to be indexed by grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, to be indexed as grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain portion of a parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 14.5 acres which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter the "Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated May 31, 2007 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070628000874380 (hereinafter "2007 Proffers"),to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein shall modify Proffers 1 and 31 and delete those Proffers numbered 19, 20, 22, 23, 24, 25, 26, 27, 28, 30, and 33; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and GPINs: 1485-15-3507-0000 and 1485-14-1752-o0oo WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, 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 makes the following amendments to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number 1 in the 2007 Proffers is hereby deleted and replaced with the following "NEW PROrFER 1": 1. In order to create a sense of place featuring stormwater retention ponds as aesthetic amenities, community centers, and multiple residential products,the Grantor agrees to develop the Property with the elements and character set forth on the Land Use Plan entitled, "CONCEPTUAL MASTER PLAN" (the "Plan"), prepared by LRK and depicted in the Renaissance Park Design Guidelines book (the "Design Guidelines"), dated November 28, 2006, last revised March 23, 2007, a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. As referenced by Proffer 31 in the 2007 Proffers and within Recommendations 1 through 7 in Chapter 7 of the TIA prepared by Bryant Goodloe, last revised February 26, 2007, Recommendation 3(e) will be modified as follows: 3(e.) A traffic signal will be warranted. This installation will need to be an 8-phase signal that allows the side street lefts on both sides to go at the same time. Pedestrian signal heads will also be needed with ped push buttons. These installations will be completed prior to the issuance of the 72"d certificate of occupancy of the Three-Story Garden Flat units called out on the exhibit 2 entitled, "Conceptual Site Plan, Spence Crossing at Princess Anne", dated October 2, 2019. 3. Proffers numbered 19, 20, 22, 23, 24, 25, 26, 27, 28, 30, and 33, as contained in the 2007 Proffers, are hereby deleted. 4. Except as hereby modified or expressly deleted, the remainder of the 2007 Proffers are affirmed and remain unchanged. 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 the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property,and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 3 Remainder of page left intentionally blank 4 WITNESS the following signature and seal: Grantor: Spence Crossing Properties, LC, a Virginia limited liability company By: Spence Crossing Residential, Inc., a Virginia corporation,its sole member C BY - (SEAL) Title: C f \-'P.kY?rrYV 442 STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this b3 r day of _\ uc� , 2020, by '`2.obe(� C - �1 ,cO f � n , C t L c.''-Y of Spence Crossing Residential, Inc.,a Virginia corporation, sole member of Spence Crossing Properties, LC, a Virginia limited liability company, Grantor. ary P lic My Commission Expires: Og 31 • Notary g Registration Number: —II 91 O`M ARETHA N.WHO �� NOTARY PUBUC 7197080 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 08-31-2021 5 18098290v2 EXHIBIT A MODIFICATION OF PROFFERS LEGAL DESCRIPTION GPINs: 1485-15-3507-0000 and 1485-14-1752-0000 ALL THOSE certain tracts,pieces or parcels of land, with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered, and designated as "Parcel B-1-B-1 and Parcel B-1-B-2" as shown on that certain plat entitled "Subdivision Plat of Parcels B-1-B, B-1-C &B-1-D Spence Crossing (Inst. #20140812000748710) Virginia Beach, Virginia"dated November 21, 2018, Revised April 12, 2019 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 201907230000609420, reference to which is hereby made for a more particularly description of said parcels. IT BEING the same property conveyed unto Spence Crossing Properties, L.C., a Virginia limited liability company, by Deed of Spence Crossing Residential, Inc., a Virginia corporation, dated December 16, 2014 and duly recorded in the Clerk's Office aforesaid as Instrument Number 20141229001208400. 6 „it h.? IWE-r--- -,A%' • i .its ... .- - .. 1 la ••• .....1,, ”',4).\. .--st 44k ;4 ,"Illi fr;'" :•.4.,,,, T-- \c>,--` Ile i ..-4. 0\ .. . It • 14 . .„0 II ' io -,-,. di ' 141 iir7. - , _ 00.:%.,w) . ' - ' l ./ Ilk - ' -... :;.‘,"..riti v , .._itz2; * . / __ • .,..--1 rin,it., ,.. i. 1 1111W1*- AI Ii411 it t•-.:11 -I `eA • Ilk,- a - I Idi-. 44i-1,1 24y • A ,....,-.•,_......, .._,:-.2* - :.,,.. .. . . , e .• Nob U mi . S. .J ci3 • ..1 0 • •_. - CC ,_. 0 1 . -------. E le . . -...., ea 03 0 • . - ' • • 73 (43 :J. % • , \ 4-0 0 • NN% , . cu 0 ci. csxe t , , . . . 1 ._,. i A'r' i s' ••--... '‘.. ...: • . i .•"' 4110p, • . -- '.6 : At iikaL A • Ce,' litik - "A. -,......, \ 0.-•4„..._ Flit r!..., .II 1 4 -.....4,...4.0 . -_. --.,, I, ex ,,, --t--_ s . "i ) • - '4. - . 6 e 1 .1 -.4;*, - . tirc-f •4) al --- I. '‘N-" sN-:"---- 1 A ' ' 1 UN '44: ' 44r4agirt i.-, L' — i it 4 \ ._ t•.4.* • .44, .fr-A h, ,..4 ..a -4, . " III ..,. - til k a in 4,.t ir' . ilipiii: _ .1 ...x. -.- .) 44' 441. -& -'-•• w=" .,.. - 7 WI 0 0 :9 t.--- ••• • ,.. , _di It a -.0 t t.a .,.. r 4,-, clr-7. it -Wt s ill - *.'''.2* I z L\- I �02�u°i4:c :3i (k-.....• `YV,a"J L` CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: GOLDPETAL FARMS, LLC [Applicant] WAVE CHURCH [Property Owner] Conditional Use Permit (Recreation and Amusement Facility of an Outdoor Nature) for the property located at 2655 Seaboard Road (GPIN 2404606318) COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: June 16, 2020 • Background: The applicant is seeking a Conditional Use Permit for a Recreation and Amusement Facility of an Outdoor Nature to operate a sunflower maze and cut flower field on the Wave Church located on Seaboard Road. This proposed seasonal business was anticipated to begin field preparation and plantings in April. Once the sunflowers begin to bloom, the maze will be established and maintained for three to five weeks, weather permitting. The maze will not operate during Sunday church services. • Considerations: As shown on the concept plan, only a temporary tent will be installed in order to provide shade for sales staff and customers. No other structures or other improvements are proposed for the property associated with this Conditional Use Permit. No adverse effects related to activity or excessive noise are expected. The existing church driveway will be used for vehicular access and the church parking lot can accommodate visitors and employees. Given the seasonal nature of the use, the maze is not likely to generate a significant amount of traffic on surrounding roadways. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this application. • Recommendations: On March 11 , 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1 . Activities related to the Recreation Facility of an Outdoor Nature shall be located within the areas designated on the submitted concept plan, entitled "Goldpetal Farms, Attachment B, September 2019". J Goldpetal Farms, LLC Page 2 of 2 2. Products and services sold at the facility shall be limited to entrance to the sunflower maze, ability to pick sunflowers, sunflowers sold by the stem and bottled water. 3. The facility shall operate seven days a week, from April through June, weather permitting. Operating hours shall be Tuesday through Saturday, 10:00 a.m. to 8:00 p.m.; and Sunday, 12:00 noon to 8:00 p.m. 4. The applicant shall ensure that all applicable Health Department requirements are met. 5. Amplified live and pre-recorded music shall not be permitted. 6. There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area. 7. During its operation, the facility shall not disturb the tranquility of the surrounding area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department Tg) City Manager: TAL Applicant Goldpetal Farms, LLC Agenda Item Owner Wave Church Public Hearing March 11, 2020 (;(i),( City Council Election District Princess Anne Virginia Beach Request Conditional Use Permit (Recreation and Amusement Facility of an Outdoor Nature) t _ / , Staff Recommendation 41111 illik Will117 i F Approval '' Staff Planner 4 llir' -' _....... Bill Landfair (111P'p Location 2655 Seaboard Road , At --- GPIN1111 ! 2404606318 `a Site Size 4101� viiww : IF 30.645 acres AICUZ nIF Jr- Less than 65 dB DNL Watershed ` Southern Rivers Existing Land Use and Zoning District . Religious Use/AG-1 &AG-2 Agricultural _ .; , -,ca r� ,,i 1� r cry: Surrounding Land Uses and Zoning Districts [:A_-:-,...,..'.. � ' y: ,. e. ;j", =a'``'s. ' ' North :•�`; ► . , t c Seaboard Road �` ''� Single-family dwelling /AG-2 Agricultural ; ., „ A ""., . , ./ ".., z South r 0 A ,. ` __! .,'7f. f v Borrow Pit/AG-1 Agricultural r t • Single-family dwelling /AG-2 Agricultural ri ,' East Seaboard Road 'r �h ` '- Single-family dwellings, cultivated fields/ R 5D • Ate%A ✓ n ' '�.t 11# 'Ill Residential, AG-2 Agricultural . . ' West •N� .n �:�, ,f' ):ems 4,t,' Single-family dwellings / R-15 Residential Goldpetal Farms, LLC Agenda Item 1 Page 1 Background & Summary of Proposal • The applicant, Designer Ag LLC doing business as Goldpetal Farms LLC, proposes a Conditional Use Permit for a Recreation and Amusement Facility of an Outdoor Nature in order to operate a sunflower maze and cut flower field on a leased portion of the property of Wave Church, located at 2655 Seaboard Road. • This will be a seasonal business that will encompass approximately 60%of the field in front of the church,fronting on Seaboard Road. Field preparation and the planting of sunflower seeds will begin in April. • When the sunflowers are approximately 12 to 18 inches tall,a design will be cut into the field and paths will eventually form the maze once flowers begin to bloom. The maze is intended to be an interactive experience and will last between three and five weeks,starting in June (weather permitting). • Customers will be able to pick their own sunflowers and sunflowers will also be sold by the stem. Bottled water will be available for sale to customers. • Two to three full-time employees will be on-site during normal business hours, anticipated to be Tuesday through Saturday, 10:00 a.m.to 8:00 p.m.; and Sunday, 12:00 noon to 8:00 p.m. The applicant will not operate during Sunday church services at Wave Church. The applicant also anticipates hiring six to eight part-time employees to help serve visitors to the maze. • A tent, measuring 20 feet by 30 feet,with eaves eight feet above the ground, will be used to accommodate admissions and sales. No other improvements are proposed.The existing access drive for the church will be used for vehicular access and the existing church parking lot with 207 spaces will accommodate visitors. No signage is proposed. Zit q ols �� • ea la! 4.;0 -20 !r4pv c Zoning History 4 -% • • . -2a # Request �R's �•4 A. j ..a' �r�,v rG , 1 CUP(Church)Approved 2/12/1997) �., -{ �C7a 4.,C^ 2 CUP(Church&Accessory Uses)approved 7/11/2006 ,r'��3 �e •. ��/ �� 3 CRZ(AG-1&AG-2 to Conditional R-15 with a PD-H2 : , `� Y . j •, f. P•1* Overlay)Approved 10/12/2004 ••.' `°C�,".,, : /.%% 4 CRZ(AG-1&AG-2 to Conditional R-20)Approved ! a // /1 4 2 1 2000 �i1�,4ifi�+" 00a, ` 5 CRZ(AG-1&AG-2 to Conditional R-5S(PD-H2), R7.5(PD- La, vaS 40 -°pa o l:�-�:, V . P,• tt�/�� a o H2),A-12(PD-H2),&B-1A)Approved 6/13/2006 935�'� / 4147 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Goldpetal Farms, LLC Agenda Item 1 Page 2 Evaluation & Recommendation Staff recommends approval of the Conditional Use Permit to operate a Recreation and Amusement Facility of an Outdoor Nature. The sunflower maze and cut flower field will operate on a seasonal basis from April through June. Field preparation and planting begins in April and once the flowers bloom,the maze will last up to five weeks,weather permitting. The applicant has experience related to agricultural practices specific to the planting and growing of sunflowers. As shown on the concept plan, only a temporary tent will be installed in order to provide shade for sales staff and customers. No other structures or other improvements are proposed for the property. This tent will be approximately 100 feet from the eastern property line. No adverse effects related to activity or excessive noise are expected. The existing church driveway will be used for vehicular access and the 207-space church parking lot can accommodate visitors and employees,as the maze will not operate during Sunday church services. Given the seasonal nature of the use,the use is not likely to generate a significant amount of traffic on surrounding roadways,especially during the peak traffic hours. Based on the above, Staff recommends approval subject to the conditions below. Recommended Conditions 1. Activities related to the Recreation Facility of an Outdoor Nature shall be located within the areas designated on the submitted concept plan,entitled "Goldpetal Farms,Attachment B, September 2019". 2. Products and services sold at the facility shall be limited to entrance to the sunflower maze, ability to pick sunflowers, sunflowers sold by the stem and bottled water. 3. The facility shall operate seven days a week, from April through June, weather permitting. Operating hours shall be Tuesday through Saturday, 10:00 a.m. to 8:00 p.m.; and Sunday, 12:00 noon to 8:00 p.m. 4. The applicant shall ensure that all applicable Health Department requirements are met. 5. Amplified live and pre-recorded music shall not be permitted. 6. There shall be no less than one (1)trash receptacle per one thousand (1,000)feet of sales area. 7. During its operation, the facility shall not disturb the tranquility of the surrounding area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic,or overflow parking. 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 approvals allowed by this application 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. Goldpetal Farms, LLC Agenda Item 1 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as the Transition Area. The Transition Area serves as a unique land use buffer for the low-density Rural Area from the more densely developed Suburban Area, promoting open space and a low density. This part of the city is characterized by many high-quality residential neighborhoods with significant open space areas. Uses should be limited to low-impact, low-density residential, low-intensity non-residential, open space and recreational, and agricultural, including row-crop farming. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There are no known natural or cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Seaboard Road 3,100 ADT1 11,200 ADT 1(LOS°"D") Existing Land Use Z—0 ADT Proposed Land Use 3—No Data Available 1Average Daily Trips(2018) gas defined by the current use 3 No information available in the °LOS=Level of Service of the site for cultivated field ITE Trip Generation Manual for proposed use. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Seaboard Road in the vicinity of this property is classified as a two-lane undivided collector street. It is designated for reconstruction on the Master Transportation Plan (MTP). There is no current Capital Improvement Project (CIP) to upgrade the roadway at this time. Public Utility Impacts There will be no more public utility impacts by the proposed Recreation Facility of an Outdoor Nature than currently exists from the site's use as a church. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020 and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. Goldpetal Farms, LLC Agenda Item 1 Page 4 • 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 March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 31, 2020 and June 7, 2020. • 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 June 1, 2020. • 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 June 12, 2020. • Goldpetal Farms, LLC Agenda Item 1 Page 5 Proposed Concept Plan Attachment B. Art. tier " . ,i IF.vtie _ , :- ,,„, _. , i., - .4%, — , . • , ++p .'� a n i+61+' Ir., . f;:, .,,,7. . -,y Sunflower ►� / ie; « �. . Cut Flower Gardenitiotr: Ail: '. trr millort. ,,, . jr I '� 0. Parking ,•.OW:1. Pedestrians Only' A +Nav• Church :, - �0 vie lait 1* c• "` Admissions Tent �'�') ,*m _ ,ka ?0 . .. , . -„,,,... .. , .. :.- . . it. ,0,04,,H,„,... .,,,,.. -- ..1,0!,4:,11, 4.I.,r,e- ' 4 ..... . if fie,4 • Legend Date 9;10.2019 _____* Traffic Flow Cut Flower Garden. N Zinnias and Sunflowers. Approx 1 Acre iitsiPool Noodle.rCharn Barricade. f� Sunflower Maze.Approx 5 25 Acres Erected During Business Hours I I Conjectured Design for Example Goldpetal Farms, LLC Agenda Item 1 Page 6 Property Survey iime,......... --,.....1,..... -;-6114::___. tams um) —I— m"""Wox.r'used"4".".....' -I.1 ••••=.`,'77.!;..V.14=-72!' ,\ -.... e y.. ....". v-I mind •• - —"''''' . ........,SON./ NY i 'it V %\‘ 111111:111:11iiiifilielli il I I it 1 I • 11` ..... , i IN . luntaa::::1111111w1ko tk • , - -,-.....- ; _ V..: ."-''' ';',,z.-...... ..`-741 --__- --_ Vi u i il ii! HO tigiSiif $ 1 YIttlibl I 1 li I li II IV . if: !ii ifiltillii :, OFR il i :A E I 4 1,t .• i !I. .,.. Il 1 I 11 4 1 lig I i 1 g .: . I I I 1 . Ili i ;1 .:•.:: r II' l 11 a —1-11-11-1141-1.fq il A 9.0.- ''' i -- ....LIPT., •-•..-..--KW-__ ,:'...i i . ,)9 .11.114Litila. 1 ; "F i c. - • !II II 0.° : le 1 . *II f . ...66 _.._. . _ .._ 1114, I k I'C_ p 7.,, ii ,: . F it g ----1----- ---------- , 1 a --__-J r NI _____ •----". F7-- -;"7-..7.--.7,..=.7—_____,_.....,,77.,_____:......,-..rz:-........_,_„..- -..v.,---='..--,...-- 1 11 ......x. is Goldpetal Farms, LLC Agenda Item 1 Page 7 Site Photos "..',r.. • t t ��ppcc s • „l • Goldpetal Farms, LLC Agenda Item 1 Page 8 Site Photos . ... ,. .._......,,_,. ...., • ..... , . ,. .,.....,... e.,:.,...,... ,,,-- 'z.e-,-- ,• . - .:,-..-.....;-,„: - - -,,. . ,.. ,, •4„,,... .-..„_, ,--- .r,.--Le..._22.,„imp"-po4v5/4,.:,,,,- -._.i,.., :. "ii,,,,,. •fl."-i-z ,-4*,-,,,,,salk,r 4 -- . ‘I, •ss, ' . • -,..J.„.. ,.,!. -,L--- '',.7.-"'"'it.L....,..4.:s2A,Pek• 1,4 •P .3,1004,‘„2,e,,:-D4'` . *116,1tr_ .' •k. i , .4,,"•*:t..4144. oporie . '''' ''''114r,a' ; ",t-'• . ". ". '' .'••• . , , A ' •,,,1 't I• 0,* .. Or '4 r, .•' '.-1,- - ... -1'e.— ; el_ •,• „,,#,,c),„ • • "1 pi.r4 '•'-' ; ..44 • •' . - .,•- , • -' .-. • a . . - -,..„.._ -.. .. . t -- ..4 - NO- ..... -.... . ... -'4`;•411/441Cifer4•-zio,.."71t---1 -• :.. • ' “- • - , , •._ ; '. e) _ .._.. - -- .. . . 1111' ' ',, 'I.',''''' 1 ' • • Goldpetal Farms, LLC Agenda Item 1 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Designer Ag LLC,T/A Goldpetal Farms DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Appeals Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Ail dtxiosures must be updated two(21 weeks prior to any Page 1 of 7 rimming t.pnq n llston and Ctty Council tneelina that pertains to the apoIicationls) ❑ APPLICANT NOTIFIED OF HEARING DATE: M NO CHANGES AS OF DATE: 614120 REVISIONS SUBMITTED DATE: Goldpetal Farms, LLC Agenda Item 1 Page 10 Disclosure Statement NM.M.MMK..MI N.I.K.1.N♦ N.M♦ ••N �•i.��M�H�4. • l.... f Nt: H�i� ..wM• w..WwNi�..w..ii ....` N ♦{�..lr�yr�Ay�I.Kf Lira�..i�1. ! �l � :Hl l.•r"• ..KM ~t l!'!!.1}'M►f }s •-,• - .•_•N 1.5.. 1L•45 1fi •NMMJN ..••.•..•+a.a l.. "'a^.^•vMa.tiM�N� IM'.1�lF^..r Z...I... •{K!♦ -� >t.='Zi .ta - •' ,. EI 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:Designer AaLLC,T/A Goldpetal If an LLC,list all member's names: Designer Ag LLC,T/A Goldpetal Farms Jerel H.Spence,Member If a CORPORATION,list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) Jerel H.Spence, Member (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • s 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: Wo,-- If an LLC, list the member's names: Page 2 of 7 Goldpetal Farms, LLC Agenda Item 1 Page 11 Disclosure Statement ti ♦...Siw. U..N♦ jrttr. :war•rs�aMsitiS`.7Yi7: ... " • • ... . . irgtma Reach If a Corporation, list the names ofall officers,directors, members, trustees, etc.below: (Attach list if necessary) 544e t e l ly (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-shjg 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 Goldpetal Farms, LLC Agenda Item 1 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) 1 ® Accounting and/or preparer of your tax return IX Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than Jthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) II ® 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) n ® Legal Services Real Estate Brokers/ nN Agents/Realtors for current and anticipated future sales of the subject property 4 S SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have IS] 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 Goldpetal Farms, LLC Agenda Item 1 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 411,K. .(Designer Ag LLC Jerel H.Spencs 0/JI//7 APPUCANT'S SIGNATURE' PRINT NAME DATE Page 5 of 7 Goldpetal Farms, LLC Agenda Item 1 Page 14 Disclosure Statement • • OWNER lncfisni� %t YES NO SERVICE I [-PROVIDER(us`additional cheers if needed) I 1 Accounting and/or preparer of ^ l 1 your tax return LiI I Architect/Landscape Architect/f I Land Planner + vN,S) D/ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors EIEngineers/Surveyors/Agents Financing(include current ❑ [—i mortgage holders and lenders J selected or being considered to provide financing for acquisition or construction of the property) I Legal Services 24“'Leek ± C. roes —, Real Estate Brokers / Li Agents/Realtors for current and anticipated future sales of the sub ect ro err SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have I I vi I/ I 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 Goldpetal Farms, LLC Agenda Item 1 Page 15 Disclosure Statement illi ei�iir'Ffairi«fT tT!!'.Tr-...•-..'..• .�. ... :. ,1 ,...,..:.t.....«.«.�.....„«ci ..... V1 11i:1 gP1Cli • iiimmeft CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Foim 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 Applic 0 PR PERTY OWNERS SIGNATURE , PRINT NAME DATE Page 7 of 7 Goldpetal Farms, LLC Agenda Item 1 Page 16 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 approvals allowed by this application 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. Goldpetal Farms, LLC Agenda Item 1 Page 17 Item#1 Goldpetal Farms Conditional Use Permit (Outdoor Recreational Facility) 2655 Seaboard Road March 11,2020 RECOMMEND FOR APPROVAL- CONSENT The first item is number one. This is an application of Goldpetal Farms for a conditional use permit, specifically a recreation and amusement facility of an outdoor nature on property located at 2655 Seaboard Road in the Princess Anne District. Is there a representative here on this application? Seeing none,is there any opposition to this matter being placed on the consent agenda? The chairman has asked Mr. Horsley to summarize this amendment. Thank you, Mr. Weiner. Mr. Horsley: I know you're new today, Mr. Redmond. The staff recommended approval of this conditional use permit, its agricultural zoned piece of property that the town is planning on planting sunflowers and they want to operate a recreation and amusement facility along with the sunflowers. They want to have a sunflower maze. We've seen other kinds of maze, but they want to have a sunflower maze. People can go and pick sunflowers certain times of the year when they're blooming and having an enjoyable experience. The staff recommended approval, we didn't have any opposition. So we felt like this deserved to be put on the consent agenda today. So we did so. Thank you. Mr. Redmond: Thank you, Mr. Horsley. Ms. Cartwright: Vote is open. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 with Mr. Alcaraz abstaining from items 23, 24, 25 and 26 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 1 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. Activities related to the Recreation Facility of an Outdoor Nature shall be located within the areas designated on the submitted concept plan, entitled "Goldpetal Farms, Attachment B, September 2019". 2. Products and services sold at the facility shall be limited to entrance to the sunflower maze,ability to pick sunflowers, sunflowers sold by the stem and bottled water. 3. The facility shall operate seven days a week,from April through June,weather permitting. Operating hours shall be Tuesday through Saturday, 10:00 a.m. to 8:00 p.m.; and Sunday, 12:00 noon to 8:00 p.m. 4. The applicant shall ensure that all applicable Health Department requirements are met. 5. Amplified live and pre-recorded music shall not be permitted. 6. There shall be no less than one(1)trash receptacle per one thousand(1,000) feet of sales area. During its operation,the facility shall not disturb the tranquility of the surrounding area or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. 2 I 1 _ i-' u / 1 I it '' u- O r � g I 11' 4�y4i in N i O rJ O N J I /I . ____ t 4:1f•-- 0 1— —1 t_ J i Cs O 1 , - c Q I _—"- N r O • It I Q CD 111.‘.\\\\\\: H • NV4 f -) to 1' Ir~ �' `` N rf 0 j,' \ 00 rfjj / 1 i j r 1 rf tr t 'I ''�-.�,_ f1� fI1 lb.' TIM 4) `,fiet Q `/ 6........, . N a m ICC 0 0 Q — x` �y 7 Coy ty ,.:,,,,--- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JEFFREY FRANKLIN [Applicant] GREGORY & JEANNINE SIMON [Owners] Conditional Use Permit (Commercial Kennel) for the property located at 1825 Indian River Road (GPIN 2413310682), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: June 16, 2020 ■ Background: The applicant submitted a request to withdraw this application. The commercial kennel has operated on the property since March 2019. The applicant had been unaware of the need for a Conditional Use Permit until notified of the oversight by the Zoning Office. The applicant subsequently filed the application for a Conditional Use Permit for a Commercial Kennel. The applicant breeds and trains dogs primarily for law enforcement use. No overnight boarding for the general public is planned or proposed. The dogs occupy and are trained within an existing 5,250 square foot kennel building, with a proposed area for outdoor dog run. The Zoning Ordinance requires animals to be kept in soundproof and air-conditioned buildings or be setback a minimum of 100 feet from the property line of any adjacent lot. As the dog run is located within the 100-foot setback, a deviation is requested to permit the dog run area to be located 50 feet from property line. The applicant is also seeking to reduce the required parking from 14 parking spaces to four spaces. • Considerations: In Staffs view, and the Planning Commission concurred, the proposed use is consistent with the recommendations of the Comprehensive Plan and is compatible with the rural character of the surrounding area. The kennel building will be soundproofed and is located approximately 280 feet from the closest dwelling. In addition, the kennel operation is entirely enclosed by a six-foot high privacy fence. The requested deviation from the required setback for the outdoor dog run and the reduction in parking is acceptable, as the kennel will be completely screened from the right-of-way and adjacent properties, and the use will generate very little need for parking. According to Animal Control, there are no records of animal abuse filed on this property. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Jeffrey Franklin Page 2 of 3 Two letters of opposition have been received by Staff noting concerns related to noise, odor, impact on property values, safety and concerns for animal welfare. There were no speakers at the Planning Commission public hearing. • Recommendations: City Staff recommends approval of this request. On March 11, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. 1. There shall be no more than twelve adult dogs kept on the property at any one time. 2. A minimum of four parking spaces, including one ADA parking space, shall be provided on-site. 3. The kennel building shall be soundproofed and air-conditioned. 4. The outdoor dog run area shall maintain a minimum setback of 50 feet from any property line and a minimum setback of 200 feet from an adjacent dwelling unit. 5. Prior to the issuance of the Certificate of Occupancy, the applicant/owner shall obtain approval from the Health Department for the on-site sanitary sewage system. 6. Prior to the issuance of the Certificate of Occupancy, the applicant/owner shall relocate the privacy fence so that it is located entirely within the subject property. Said fence shall be maintained as long as this Conditional Use Permit is active. 7. The 2,704 square foot and 1,696 square foot pole buildings referenced and depicted on Page 6 of this report shall not be utilized for the proposed Kennel use. 8. There shall be no boarding of animals. 9. The kennel structure, outdoor dog run area, and fence shall be maintained in a safe and sanitary condition. 10.A11 animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 11 .The applicant shall ensure that all dogs are properly vaccinated and licensed. 12.All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. Jeffrey Franklin Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Request to Withdraw Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 7114 L._ Applicant Jeffrey Franklin Agenda Item Owners Gregory & Jeannine Simon 44\7B Public Hearing March 11, 2020 City Council Election District Princess Anne 5 Virginia Beach Request Conditional Use Permit (Commercial Kennel) Staff Recommendation �� —J Approval Staff Planner Hoa N. Dao Location ' ,Iiiil 1825 Indian River Road GPIN 2413310682 Site Size 1.87 acres AICUZ Less than 65 dB DNL c Watershed Southern Rivers Existing Land Use and Zoning District •:1 "�a;,- ,;c••_,g.r . . ., Single-family dwelling/AG-2 Agricultural ' Surrounding Land Uses and Zoning Districts ` _ '_ `1 �, .. ill, a•' , North �.- ii , ,,iv 4 -r .�4 --` r Indian River Road ',K .' # ... # +, � A. :. J Single-family dwelling, cultivated field /AG-2 ~ .,�, 4/ j -.. 'Agricultural 3` ' 'a " ' , Cultivated fields/AG-1 &AG-2 Agricultural • 1-, 17: a % East . Single-family dwelling, cultivated fields/AG-2 -r!" t `;" R Agricultural :�l'-' j / West A 4 ``• � .c1 -. , 4 �, Single-family dwelling, cultivated fields/AG-2 ;v; �' µ r 14. Agricultural 4.111444;,- `'a a. g ,� Jeffrey Franklin Agenda Item 5 Page 1 Background & Summary of Proposal • The applicant and the property owner were unaware of the need for a Conditional Use Permit to operate a commercial kennel. According to the owner,the kennel has been operating since March of 2019. On June 24, 2019, the City received a complaint filed against the property for operating a kennel business. The Zoning Office investigated the complaint and served the property owner a notice of violation on July 17, 2019. Based on this, a Conditional Use Permit application was submitted to rectify this oversight. • The application is a request to operate a kennel with up to 12 adult dogs. • The applicant/owner breeds and trains canine dogs for house pets and law enforcement uses. • Except for law enforcement or military personnel coming to the property to purchase the canines,the kennel is not open to the general public and does not have an overnight boarding component. • The applicant/owner will house and train the canines inside the existing 5,250 square foot structure with an outdoor dog run area as shown on the Site Layout on page six of this report. • The applicant/owner is requesting to utilize the existing gravel area for parking surface and to reduce the required parking amount to four spaces. Per the Ordinance, 14 parking spaces are required for the proposed use. • The 2,704 square foot accessory building does not meet the required building setbacks and the 1,696 square foot accessory building encroaches onto the adjacent southern property. These two buildings will not be occupied for the Commercial Kennel use as they do not meet the development standards. As these buildings are not in the purview of this Conditional Use Permit request, no condition is recommended to correct the encroachment of the buildings; however, they will be corrected via the City's code enforcement process. • The 6-foot privacy fence also encroaches onto the adjacent southern and western properties. Staff has recommended a condition for the fence to be relocated onto the subject property. • Section 223 of the Zoning Ordinance requires animals to be kept in soundproof and air-conditioned buildings or be setback a minimum of 100 feet from the property line of any adjacent lot. The applicant is requesting to reduce the setback from 100 feet to 50 feet for the proposed outdoor dog run area since the lot measured 201 feet at the widest point. Staff is supportive of the setback deviation request and has recommended conditions to address these requirements. 2 • AO \ AG-2 • IN• I Zoning History /j/ t # Request ' 1 CUP(Assembly Use)Withdrawn 08/28/2017 AG-2' '• I "_ 2 CRZ(AG-1&AG-2 to R-15) Indefinitely Deferred 08/19/2014 3 CUP(Residential Kennel)Approved 07/14/2009 1 4 CUP(Religious Use)Approved 02/19/1987 AG-1* AG•1 a 1 Application Types Jeffrey Franklin Agenda Item 5 Page 2 CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance LUP—Land Use Plan CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation This request is to rectify a code violation as the kennel has been operating without a Conditional Use Permit.The applicant further requests to deviate from the parking requirements and the minimum 100 foot setback from an adjacent property line of Section 223 of the Zoning Ordinance. Staff is in support of the applicant's request to reduce the setback from the property line to 50 feet for the proposed outdoor dog run area.The kennel building housing the dogs will be soundproofed, air-conditioned,and is located approximately 280 feet from the closest dwelling unit,one of which has a Conditional Use Permit for a Residential Kennel for 12 adult dogs. In addition,the kennel operation is entirely enclosed by a 6-foot privacy fence. Staff also supports the applicant's request to reduce the required parking spaces from 14 to 4. The Director of Planning and the Zoning Administrator have reviewed the requests and granted approval since the kennel will not be open to the general public, except for law enforcement and military personnel. However,the applicant/owner is still required to meet the ADA parking standards.A condition has been recommended to address these standards. The proposed kennel generates very little traffic and is completely screened from the right-of-way and adjacent properties.The Health Department reviewed the application and commented that the existing on-site sanitary sewage system must be reviewed and approved by the Health Department to determine if it has the capacity for commercial use.Staff has recommended a condition to address the Health Department's requirements. According to Animal Control,there are no records of animal abuse filed on this property.Staff finds the proposal to be in compliance with the recommendation of the Comprehensive Plan and appropriate with the rural character of the surrounding area and is not aware of any opposition to this request. Based on the consideration detail above,Staff is recommending approval of this request subject to the conditions listed below. Recommended Conditions 1. There shall be no more than twelve adult dogs kept on the property at any one time. 2. A minimum of four parking spaces, including one ADA parking space,shall be provided on-site. 3. The kennel building shall be soundproofed and air-conditioned. 4. The outdoor dog run area shall maintain a minimum setback of 50 feet from any property line and a minimum setback of 200 feet from an adjacent dwelling unit. 5. Prior to the issuance of the Certificate of Occupancy,the applicant/owner shall obtain approval from the Health Department for the on-site sanitary sewage system. 6. Prior to the issuance of the Certificate of Occupancy,the applicant/owner shall relocate the privacy fence so that it is located entirely within the subject property. Said fence shall be maintained as long as this Conditional Use Permit is active. 7. The 2,704 square foot and 1,696 square foot pole buildings referenced and depicted on Page 6 of this report shall not be utilized for the proposed Kennel use. 8. There shall be no boarding of animals. Jeffrey Franklin Agenda Item 5 Page 3 9. The kennel structure,outdoor dog run area,and fence shall be maintained in a safe and sanitary condition. 10. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 11. The applicant shall ensure that all dogs are properly vaccinated and licensed. 12. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 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 approvals allowed by this application 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 designates the subject property as being in the Rural Area with primarily agricultural and rural related activities.Goals within the Rural Area include preserving and promoting the agricultural economy, preserving the rural heritage,sustaining natural resources for future generations,and managing rural area development and design. Natural & Cultural Resources Impacts There are no known significant cultural resources associated with this site.The property is within the Southern Rivers watershed.A preliminary stormwater analysis is not required since the proposal would not result in an increase of more than 2,500 square feet of new impervious surface. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 3,300 ADT1 11,200 ADT 1(LOS 4"D") Existing Land Use 2-10 ADT Proposed Land Use 3—No Data Available 'Average Daily Trips 2as defined by a single-family 3 No information available in the 4 LOS=Level of Service dwelling ITE Trip Generation Manual for kennel Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Indian River Road in the vicinity of this application is considered to be a two-lane undivided minor suburban arterial roadway.There are currently no roadway Capital Improvement Projects slated for this segment of the roadway. Jeffrey Franklin Agenda Item 5 Page 4 Public Utility Impacts Water The parcel is served by a private well. Sewer The subject parcel is served by a private on-site sanitary sewage system that will be reviewed by the Health Department. Public Outreach Information Planning Commission • One letter of opposition has been received by Staff from a former employee of the business noting concerns related to the condition of the facility and welfare of the animals. • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 10, 2020. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020 and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • 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 March 5, 2020. City Council • One letter of opposition from the adjacent property owner has been received by Staff noting concerns related to noise/odor, safety, and loss of property value. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 31, 2020 and June 7, 2020. • 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 June 1, 2020 • 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 June 12, 2020. Jeffrey Franklin Agenda Item 5 Page 5 Proposed Site Layout - D/q N Rl V 3 _ _ w . ER RD M r - -, . t..4z t . • - ~ 11 1 1 { .,! �. ' 1201 EXISTING . ,` ' allop.,,, DWELLING 1 (1,950 SF EXISTING V / F�' _ ..; ACCESSORY i 135 . • . yy BUILDING i, .: 'i• �` i_ `_,_' (2,704 SF GATE ,,. PROPO ED RELOCA ION ~� r PROPO . . OF �, _ PARKING AREA PRIVACY FENCE .y (GRAVEL) ie . ..„ EXISTING ACCESSORY ...._ PROPOSED BUILDING Na ,' }+ ` OUTDOOR (1,696 SF) ' ' ,tDOG RUN ..--._,_:..14ftes,,i40 . . 's• PROPOSED EXISTING KENNEL Sit PRIVACY BUILDING FENCE ' (5,250 SF) LayaU IS N.T.S .• Jeffrey Franklin Agenda Item 5 Page 6 Site Photos .• ,.....,,, , , . - - • . . • - 6 -A • -' .. • .....;., , ' . 1114,7 • .* • -1"--•'• .i • •' " . ,e.:,,•••••,-. . ,, . .. .. .., ,,• r,,„„ • 1-, . •• ri, -•, . . 'A '1'. • p.,S41, ' • ' . ...' '.'7"-, ,'. . •'- • ^ _ '414f•-41.:,..f-',..-',.. - . - — ' . . AtAr..la I Pi •-' .1 i ..-170,40/.::`'l' ,s 14 : t. .1 .. ir• z-,' . .. . ... - , • . ' - it ., , • . ., (,----,•••• t ) ,, )1.. , ••_,I .' , --,-,- , 4„ ...- ., 1., • - .. $ -.-- : ' -4,44.•4-4:....kar-- -"'"' -4=-._. -* ,4 . •. - -•. - - _ 1 I IL '. , - .. . . .. • . -. ,,,. _ ... . . ,• - - , • . . . . . _. _ • Jeffrey Franklin Agenda Item 5 Page 7 Disclosure Statement 1/13 Virginia Beach APPLICANT'S NAME lirc&EY IRA A/K4/i✓ 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 A. .eals ---Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board �- —-----_�..__� ----- - ♦ The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that',attains to the apcl(cation(s). ▪ APPLICANT NOTIFIED OF HEARING DATE: ▪ NO CHANGES AS OF DATE: REVISIONS SUBMITTED -_ -_ DAIL: Jeffrey Franklin Agenda Item 5 Page 8 Disclosure Statement Virginia Brach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: Jeffrey S. Franklin If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. IX Check here if the PROPERTY OWNER_!S 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: CT -' RP If an LLC, list the member's names: Page 2 of 7 Jeffrey Franklin Agenda Item 5 Page 9 Disclosure Statement NA3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) '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 entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY _-- -- T- --�— Page 3 of 7 Jeffrey Franklin Agenda Item 5 Page 10 Disclosure Statement .tea APPLICANT Virginia Beach YES [ NO I SERVICE PROVIDER(use additional sheets If needed) nAccounting and/or preparer of your tax return lJa.. 4\argi-4,4o, CPA = Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ® the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or Construction of the property) Legal Services Real Estate Brokers/ IT Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n I 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 Jeffrey Franklin Agenda Item 5 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. r � - c 4 S."rrc....k1.,:, i�d i rY . APPLICAN 'S SIGNATURE PRINT NAME I- rhAl E — Page 5 of 7 Jeffrey Franklin Agenda Item 5 Page 12 Disclosure Statement NITB OWNER Virginia Beach YES1 I PROVIDER(use additional sheets If I NO1 SERVICE needed) X (� Accounting and/or prepare(ofjs`filAr}t4" ` ' your tax return IntirKPLitc Quo"ti-4 in, , El Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than si the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed XI purchaser of the subject property J (identify purchaser(s)and purchaser's service providers) u ,� Construction Contractors El �� Engineers/Surveyors/Agents Financing(include current ri mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Ei Et Legal Services Real Estate Brokers/ ❑ El Agents/Realtors for current and anticipated future sales of the subject arose _ 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO (Does an official or employee of the City of Virginia Beach have ❑ ® I an interest in the subject land or any proposed development Lcontingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Jeffrey Franklin Agenda Item 5 Page 13 Disclosure Statement .d,, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. ' i 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 ,..... 6.,-- S144041 7 t,...5 - PROPER OWNER'S SIGNATURE PRINT NAME D.TE Page 7 of 7 l' Jeffrey Franklin Agenda Item 5 Page 14 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 approvals allowed by this application 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. Jeffrey Franklin Agenda Item 5 Page 15 Item#5 Jeffrey Franklin Conditional Use Permit(Commercial Kennel) 1825 Indian River Road March 11, 2020 RECOMMEND FOR APPROVAL-CONSENT Mr.Redmond:Thank you, Mr. Wall. The next item on the agenda is agenda item number five. This is an application of Jeffrey Franklin. Application for conditional use permit, commercial kennel on property located at 1825 Indian River Road in the Princess Anne District. Is there a representative here on this application? Welcome, sir. Would you state your name for the record,please? Mr. Simon: Greg Simon. Mr. Redmond:Have you seen those conditions? Are they acceptable to you? Mr. Simon: Yes sir. Mr. Redmond:All right, thank you very much. Take a seat. The chairman has asked Commissioner George Alcaraz to summarize this application. Mr. Alcaraz: Thank you. Again this agenda item is for conditional use permit for a commercial kennel. The applicant and the property owner were unaware that there was a need for conditional use permit to operate a commercial kennel. According to the owner the kennel had been operating since March of 2019 and on June 24th,2019,the city received a complaint against the property owner,operating the kennel. The zoning office investigated the complaint and served the property owner a notice on July 17th, 2019. The applicant is requesting a kennel for up to 12 adult dogs. The applicant owner breeds and trains canines for house pets and enforcement uses except for the law enforcement military personnel coming to the property to purchase the canines. The kennel is not open to the general public. The applicant owner will house and train the canines inside the existing 5250 square foot structure with an outdoor dog run as shown on the site plan. The applicant and owners requested to utilize the existing gravel area for parking surface and reduce the required parking amount to four spaces. Section 223 of the zoning ordinance requires animals be kept in a soundproof and air-conditioned building or to be set back a minimum of 100 feet from the property line on the adjacent lot. The applicant is requesting to reduce that setback from 100 to 50 feet for the proposed dog run since the area measured to 201 feet from the widest point. Staff is supportive of the setback deviation requests and is recommending conditions on it to address those requirements. The request again is to rectify the code violation as the kennel has been operating without a conditional use permit. The proposed kennel generates very little traffic and completely screen from the right-of-way and adjacent properties. Based on the considerations that I just stated Staff has recommended approval for the request subject to the conditions that's on the write up and planning has put this on the consent agenda. Thank you. Ms. Cartwright: Vote is open. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 with Mr. Alcaraz abstaining from items 23, 24, 25 and 26 have been approved by consent. AYE (8) NAY (0) ABS (0) ABSENT(3) Alcaraz AYE* Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE *Commissioner Alcaraz abstain from items 23, 24, 25, and 26. CONDITIONS: 1. There shall be no more than twelve adult dogs kept on the property at any one time. 2. A minimum of four parking spaces, including one ADA parking space, shall be provided on- site. 3. The kennel building shall be soundproofed and air-conditioned. 4. The outdoor dog run area shall maintain a minimum setback of 50 feet from any property line and a minimum setback of 200 feet from an adjacent dwelling unit. 5. Prior to the issuance of the Certificate of Occupancy, the applicant/owner shall obtain approval from the Health Department for the on-site sanitary sewage system. 6. Prior to the issuance of the Certificate of Occupancy, the applicant/owner shall relocate the privacy fence so that it is located entirely within the subject property. Said fence shall be maintained as long as this Conditional Use Permit is active. 7. The 2,704 square foot and 1,696 square foot pole buildings referenced and depicted on Page 6 of this report shall not be utilized for the proposed Kennel use. 8. There shall be no boarding of animals. 9. The kennel structure,outdoor dog run area, and fence shall be maintained in a safe and sanitary condition. 10. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 11. The applicant shall ensure that all dogs are properly vaccinated and licensed. 12. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. Hoa N. Dao From: Greg Simon <hondovbgs@gmail.com> Sent: Thursday,June 4, 2020 9:37 AM To: Hoa N. Dao Subject: Re: 2019-PCCC-00132 (Jeffrey-Franklin) CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cobra canine has pulled out and no longer need the conditional use permit. >On Jun 4,2020, at 9:06 AM, Hoa N. Dao<HDao@vbgov.com>wrote: > >Mr.Simon, > >Can you please confirm that the date for City Council was changed on the notice sign to June 16,2020? > >Sincerely, > >Hoa N. Dao,Planner III >H hDao@VBGov.com >©757.385.4298 > > > > Original Message >From:Hoa N. Dao >Sent:Tuesday, May 26, 2020 2:14 PM >To:Gregory Simon<hondovbgs@icloud.com> >Subject: RE:2019-PCCC-00132(Jeffrey-Franklin) > >Mr.Simon, > >Your applicant is scheduled to be heard by City Council on June 16,2020,starting at 6:00 PM. Please change tot e date of the City Council public hearing on the orange notice sign from TBD to June 16, 2020 and send me a picture to show the change was made.Thank you. > >Sincerely, > >Hoa N. Dao, Planner III >a hDao@VBGov.com >(757.385.4298 > > > Original Message >From: Hoa N. Dao >Sent:Thursday,April 16, 2020 1:06 PM >To:Gregory Simon<hondovbgs@icloud.com> 1 i . :LI Zia) z*-Li s- f N Cr."-----------J , ' Lu, . �y 5 rtr 0 o . co: • i I. , 0 ci 7 C 00 co ----------- W 171 CD F Q L N o co V I anuand plane° anuanv pla!peo au c a) co . \ \ N . = ca r 0 a � Cr' , ti N4 r.... \ . •_ c al cc _c a U ,_ _ __ u) Lo clm ,_________________ ay Lzj_____ _ _______ _ _ ; c 0. 1%7"----7 1 .___ m Ct . Q C ? o a.) + o / Cl_ m c c r--------------7 a) Q - Y D N Ii in a ru a CO la 0 _i (.. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: STEFANIE GUTHRIE [Applicant] JACK P. GUTHRIE, JR. [Owner] Conditional Use Permit (Residential Kennel) for the property located at 3541 Champlain Lane (GPIN 1486654646). COUNCIL DISTRICT — ROSE HALL MEETING DATE: June 16, 2020 • Background: The applicant is seeking a Conditional Use Permit for a Residential Kennel for up to six companion dogs. The Zoning Ordinance permits only four adult dogs on a residential property as a matter of right. Based on this standard, a Conditional Use Permit is requested. The applicant became aware of the need for a Conditional Use Permit when seeking licenses for the dogs. According to the application, the dogs are kept primarily indoors except for periods of relief and play in the fenced- in backyard. No breeding is proposed, and no outdoor kennel or structure is planned. • Considerations: In Staffs view, and the Planning Commission concurred, the proposed Residential Kennel is acceptable, given that the dogs are kept indoors much of the time, the residential lot is larger than most in the neighborhood, and the backyard is fenced. Animal Control Staff reviewed the request and indicated that there is no record of any complaints filed with the City. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. Four neighbors provided letters of support. There is no known opposition to this application. ■ Recommendations: On March 11, 2020, the Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, to recommend approval of this request. i 1 . No more than six adult dogs shall be permitted to live on the property at any time. I 2. The backyard and fence shall be maintained in a safe and sanitary condition. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. III 4. The applicant shall ensure that all dogs are properly vaccinated and licensed. Stefanie Guthrie Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department-11V7 City Manager: -rift_ Applicant Stefanie Guthrie Agenda Item owner Jack P. Guthrie, Jr. Public Hearing March 11, 2020 3 ( quo/ City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval .. 1 .,,.. Staff Planner H • 11 Jonathan Sanders _1LVMIIIII-1..? "— 1111M1110 Location . i �� 3541 Champlain Lane GPIN MieIt i 1486654646 IMMO IIII%\ Site Size - 8,242 square feet I 1. 1 AICUZ �+..J .. 4 4 4 1",..,_ 65-70 dB DNL Watershed N.- Chesapeake Bay Existing Land Use and Zoning District r ; 1 Single-family dwelling/ R-7.5 Residential e. lif , all' . a Surrounding Land Uses and Zoning Districts North Champlain Lane Single-family dwelling/ R-7.5 Residential �::1, ; South Duplex dwellings/A-12 Apartment iir. East h:, Garfield Avenue «;¢ r�4k,; # . , >b ;. Single-family dwelling/ R 7.5 Residential ,; o : . • West Y�.: 0, ►„. , . k ,*, ,� . Single-family dwelling/ R-7.5 Residential ';41'4' : ,-. .;. 4 • . `° V f Stefanie Guthrie Agenda Item 3 Page 1 Background & Summary of Proposal • The applicant currently owns six dogs as companion dogs.There are five chihuaha dogs and one beagle dog. Due to the number of dogs on the property,the applicant recently became aware of the need for a Conditional Use Permit for a Residential Kennel when seeking to license the dogs. • The dogs will be kept indoors except for periods of relief and play in the fenced in backyard. No breeding is proposed. An outdoor kennel or structure is not planned to be built to house the dogs. • Animal Control has no records of any violations on the site. Zce . fit trfry _ate No Zoning History to Report 04 LINIW rxr' 04 A t2�ass Application Type CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation In Staff's opinion,the proposed request for a Residential Kennel for six dogs,that are kept in the applicant's home, is acceptable as the size of the lot is larger than most in the neighborhood,the backyard is fenced in and four neighbors have submitted letters of support. Additionally,there have been no incidents or violations reported by Animal Control. Staff has recommended a condition limiting the number of dogs on site to six. Based on this, Staff recommends approval of this application subject to the conditions below. Recommended Conditions 1. No more than six adult dogs shall be permitted to live on the property at any time. 2. The backyard and fence shall be maintained in a safe and sanitary condition. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and licensed. Stefanie Guthrie Agenda Item 3 Page 2 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 approvals allowed by this application 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 designates the subject property as 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 & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Champlain Lane No Data Available No Data Available No Change Anticipated Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant has provided four letters of support from neighbors. • • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 10, 2020. Stefanie Guthrie Agenda Item 3 Page 3 • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020 and March 1, 2020. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020. • 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 March 5, 2020. City Council • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 31, 2020 and June 7, 2020. • 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 June 1, 2020. • 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 June 12, 2020. Stefanie Guthrie Agenda Item 3 Page 4 Proposed Site Layout Champ, . Lane r • - • • __ 3 a) a Fence . .� ro C7 Stefanie Guthrie Agenda Item 3 Page 5 Site Photos Ili, .'/ `A,,4rra c�j �' v rril 01 Fy j II �y, �1 - • _ , �� 1 y;.. r'. �'t•'.'I �Il .j .' v*:. ro:‘,.4,%5R i,,„,. ,. k :". . .. ii .. .FA , - ' .:k;.,,vri, ,W, :'.•Alt '. , •, , .i,-,:; i '11 1 I;' -. ,., ,A..,..., .. - 4 -I, „ jt R;: '� .s, 9? _ :fir d45--...- , 44: . _ . ..',.:' R4,11 :' *1 ,, '',,;..' ,, ..,...,- ..ri , •. .1 .� • 1 r _ .4.44/1 iii 1 ,. •.. , . . . ,r.,_ -'- / Illr\'' . . . w. i ` �) ` •�j t f 'h — t ' v If \4 s•r .k _ ti _y "r sal _ . • Stefanie Guthrie Agenda Item 3 Page 6 Disclosure Statement 71/4/13 Virginia Reach APPLICANT'S NAME Stefanie Guthrie 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 disc. ..r .must be updated two(2)wr_�s prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) ci APPLICANT NOTIFIED OF HEARING DATE • NO CHANGES AS OF DATE ▪ REVISIONS SUBMITTED DATE Stefanie Guthrie Agenda Item 3 Page 7 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Stefanie Guthrie Agenda Item 3 Page 8 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 Stefanie Guthrie Agenda Item 3 Page 9 Disclosure Statement V13 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I ® Accounting and/or preparer of I I your tax return ❑ �>( Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than VIthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed '= purchaser of the subject property (identify purchaser(s)and IXConstruction service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current Wells Fargo flmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / 7 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Stefanie Guthrie Agenda Item 3 Page 10 Disclosure Statement s� * and„... , „.., Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap.lication. 10P1Ic_kAAA—ii -,diAtilli.ti 5.17:1A41111-‘ 614111441.- SIGNATURE PRINT NAME DATE Page 5 of 7 Stefanie Guthrie Agenda Item 3 Page 11 Disclosure Statement 173 OWNER Virginia Beach YES NOL SERVICE I PROVIDER(use additional sheets if needed) ❑ '=, Accounting and/or preparer of your tax return XArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Imo\ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors I1 Engineers/Surveyors/Agents Financing (include current Wells Fargo ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / AAgents/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 Stefanie Guthrie Agenda Item 3 Page 12 Disclosure Statement \B Virginia Beach 2s CERTIFICATION: certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appli i n. u 3o,,cd P. G,A c i•tr S(• /-L/- 10, PRO OWNER'S IGNATURE PRINT NAME DATE Page 7 of 7 Stefanie Guthrie Agenda Item 3 Page 13 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 approvals allowed by this application 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. Stefanie Guthrie Agenda Item 3 Page 14 Item#3 Stefanie Guthrie Conditional Use Permit (Residential Kennel) 3541 Champlain Lane March 11, 2020 RECOMMEND FOR APPROVAL - CONSENT . The next agenda item is agenda item number three. This is an application of Stefanie Guthrie, an application for a Conditional Use Permit for Residential Kennel on property located at 3541 Champlain Lane in the Rose Hall District. Is there a representative here on this application? Please come forward. Come forward, mam. Can you state your name for the record, please? Ms. Guthrie: Stefanie Guthrie. Mr. Redmond:Nice to see you Ms. Guthrie. Have you seen the conditions and are they acceptable to you? Ms. Guthrie: Yes. Mr. Redmond:Okay. Thank you very much. You can take your seat. Ms. Guthrie: All right. Thank you. Mr. Redmond:The chairman has asked Commissioner Wall to read this amendment. Mr. Wall: Thank you. This is an application for a Conditional Use Permit for Residential Kennel. The applicant currently own six dogs as companion dogs. There are five Chihuahua dogs and one Beagle dog. Due to the number of dogs on the property, the applicant recently became aware of the need for a Conditional Use permit for a Residential Kennel when seeking to license the dogs. The dogs will be kept indoors except for periods of relief and play in the fenced backyard, no breeding is proposed. The outdoor kennel or structure is not planned to be built to house the dogs. There are no records of violations on the site with Animal Control. The applicant agrees to the conditions and staff recommends approval. Therefore, we placed this item on the consent agenda. Mr. Redmond: Thank you,Mr. Wall. Ms. Cartwright: Vote is open. Ms. Sandloop: By recorded vote of 8-0, agenda items 1, 2, 3, 5, 6, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 41 and 43 with Mr. Alcaraz abstaining from items 23, 24, 25 and 26 have been approved by consent. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein AYE Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. No more than six adult dogs shall be permitted to live on the property at any time. 2. The backyard and fence shall be maintained in a safe and sanitary condition. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and licensed. [ .1 U:( ^� 1 tiQ r r, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADOPT AND INCORPORATE INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN THE VIRGINIA BEACH SEA LEVEL WISE ADAPTATION STRATEGY AND TO AMEND SECTIONS 1.1 (PLAN FOR SEA LEVEL RISE AND RECURRENT FLOODING), 1.2 (SHORE DRIVE CORRIDOR), 2.2 (SEA LEVEL RISE, RECURRENT FLOODING, AND HAZARD MITIGATION), AND 2.3 (SEA LEVEL RISE AND RECURRENT FLOODING) MEETING DATE: June 16, 2020 • Background: Virginia Beach and the Hampton Roads region are experiencing the highest rate of sea level rise on the East Coast. Regional planning guidance suggests communities plan for sea levels to increase by 1.5 feet by 2050, 3 feet by 2080, and 4.5 feet by 2100. Virginia Beach is exposed to several sources of coastal flooding, including high tide flooding, wind tide flooding, storm surge flooding, rainfall (compounding) flooding, and groundwater flooding. In 2014, City Council launched the Comprehensive Sea Level Rise and Recurrent Flooding Capital Improvement Program project, which is now known as Sea Level Wise, to enable Virginia Beach to establish long-term resilience to sea level rise and associated recurrent flooding. The Adaptation Framework consists of four complementary themes, each with a specific approach to flood risk management. The layers are designed to support each other, integrating structural and non-structural measures to ensure comprehensive flood protection across a range of environmental conditions. Adaptation strategies fall broadly into the categories of natural mitigation, preparing the community, engineered defenses, and adapting structures. Integrated flood adaptation planning will involve incorporating the findings from this report throughout all City planning processes and decision frameworks. Specifically, this item is to adopt by reference the Virginia Beach Sea Level Wise Adaption Strategy into the Comprehensive Plan and update the Comprehensive Plan to reflect that the study has been completed. The Department of Public Works is providing the printed document to the City Council under separate cover. • Considerations: The adoption of the strategy is an important step towards implementing the action items identified in the Sea Level Wise Adaptation Strategy. The Strategy is a culmination of a multi-year process led by City staff, supported by the Dewberry consultant team. Over 500 residents participated in the adaptation strategy development process through a series of 13 interactive public engagement meetings, and an online portal for residents who were unable to attend the live community meetings. Sea Level Wise has been presented to City Council on the following dates: July 11, 2017, September 18, 2018, January 15, 2019, May 7, 2019 and January 14, 2020. • Recommendations: Staff recommends approval. The Planning Commission placed this item on the Consent Agenda at its meeting on May 27, 2020, passing the item by a vote of 9- 0. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: /MC! 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE 3 VIRGINIA BEACH SEA LEVEL WISE ADAPTATION 4 STRATEGY, MARCH 2020 AND TO AMEND SECTIONS 5 1 .1 (PLAN FOR SEA LEVEL RISE AND RECURRENT 6 FLOODING), 1.2 (SHORE DRIVE CORRIDOR), 2.2 (SEA 7 LEVEL RISE, RECURRENT FLOODING, AND HAZARD 8 MITIGATION), AND 2.3 (SEA LEVEL RISE AND 9 RECURRENT FLOODING) 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 WHEREAS, the Sea Level Wise Adaptation Strategy, March 2020, has been 15 developed with extensive input from the community and stakeholders, in order to outline 16 proactive, long-term approaches to adapt to changing environmental conditions; and 17 18 WHEREAS, the Sea Level Wise Adaptation Strategy, March 2020, is a strategic 19 plan that sets long-term goals to respond to sea level rise and related increases in 20 flooding; and 21 22 WHEREAS, the Sea Level Wise Adaptation Strategy, March 2020, is in 23 conformity with the Comprehensive Plan; and 24 25 WHEREAS, the Planning Commission placed the Sea Level Wise Adaption 26 Strategy on the Consent agenda and recommended Approval by s vote of 9-0; and 27 28 WHEREAS, the Sea Level Wise Adaptation Strategy, March 2020, and the 29 resultant amendments to the Comprehensive Plan should be adopted and incorporated 30 as part of the Comprehensive Plan 2016. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 36 is, amended and reordained by: 37 38 The adoption by City Council of the City of Virginia Beach of the Sea Level Wise 39 Adaptation Strategy, March 2020 and the amendments to the Comprehensive Plan and 40 their incorporation to the Comprehensive Plan 2016. Such documents are attached 41 hereto and made a part hereof, having been exhibited to the City Council and placed 42 on file in the Department of Planning and Community Development. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &I)Dg Planning partment City Attorney's Office CA15041 R-3 June 5, 2020 2 Applicant City of Virginia Beach Agenda Item Public Hearing May 27, 2020 Sea Level Wise Adaptation Strategy 6 (.„,of Virginia Beach Request An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Sea Level Wise Adaptation Strategy and to Amend Sections 1.1 (Plan for Sea Level Rise and Recurrent Flooding), 1.2 (Shore Drive Corridor), 2.2 (Sea Level Rise, Recurrent Flooding,and Hazard Mitigation), and 2.3 (Sea Level Rise and Recurrent Flooding). Summary of Request • In 2014,City Council launched the Comprehensive Sea Level Rise and Recurrent Flooding Capital Improvement Program project,which is now known as Sea Level Wise, to enable Virginia Beach to establish long-term resilience to sea level rise and associated recurrent flooding.The first phase of Sea Level Wise focused on establishing a full understanding of flood risks by analyzing sea level rise and recurrent flooding impacts to both built infrastructure and the natural environment. Phase two concentrated on developing and evaluating options for addressing short-term and long-term flood risks. During Phase three,a comprehensive planning process brought together all the distinct Sea Level Wise components to form an integrated Adaptation Strategy to guide adaptation efforts across the entire city, as well as actionable adaptation projects for each of the city's four major watersheds.The final phase involves implementing the projects identified throughout this effort. • Virginia Beach and the Hampton Roads region are experiencing the highest rate of sea level rise on the East Coast. Regional planning guidance suggests communities plan for sea levels to increase by 1.5 feet by 2050, 3 feet by 2050,and 4.5 feet by 2080 to 2100.Virginia Beach is exposed to several sources of coastal flooding, including high tide flooding, wind tide flooding, storm surge flooding, rainfall (compounding)flooding, and groundwater flooding. Unless significant action is taken,future flood events will have wide-ranging impacts on the City's infrastructure, economy, and overall well-being. • Virginia Beach recognizes the realities associated with increased sea level and is taking significant action. However, no single strategy will address the problem.As such,the City combined a variety of approaches in an Adaptation Framework to prepare for the future.The Adaptation Framework consists of four complementary themes, each with a specific approach to flood risk management.The layers are designed to support each other, integrating structural and non-structural measures to ensure comprehensive flood protection across a range of environmental conditions.Adaptation strategies fall broadly into the categories of natural mitigation, preparing the community, engineered defenses, and adapting structures. • Integrated flood adaptation planning will involve propagating the findings from this report and the reports that come after it, throughout all City planning processes and decision frameworks.This integration and incorporation will be different for every department, process, and document. Sea level rise and recurrent flooding is a challenge that impacts nearly every area of the City in some capacity, underscoring the importance of incorporating the most up-to-date research and data into current and future planning. City of Virginia Beach Comprehensive Plan Amendment—Sea Level Wise Adaptation Strategy Agenda Item 6 Page 1 • Future staff reports for discretionary approvals will contain analysis noting how the site meets the intent of the recommendations and principals of the Sea Level Wise Adaptation Strategy. Recommendation The adoption and incorporation of the Adaptation Strategies into the Comprehensive Plan is one of many steps that the City of Virginia Beach will take to solidify the long-term commitment to addressing sea level rise and recurrent flooding in all aspects of planning and decision making.Staff recommends approval of this Ordinance for the adoption and incorporation into the Virginia Beach Comprehensive Plan. Public Outreach Information Planning Commission • Over 500 residents participated in the adaptation strategy development process through a series of thirteen interactive public engagement meetings, and an online portal for residents who were unable to attend the live community meetings.The public meetings were advertised and promoted via multi-media campaigns to ensure perspectives from diverse audience were captured.The first set of public engagement meetings were held in 2017 and early 2018.The second round of meetings was held in 2019 to introduce the public to policy, nature- based,city-wide structural,and site-level flood risk management strategies in development. A final round of public meetings was held in early 2020 to allow residents an opportunity to comment on the draft report. • As required by State Code,this item was advertised in the Virginia Pilot Beacon on Sundays, May 10, 2020 and May 17, 2020. • 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 May 21, 2020. City of Virginia Beach Comprehensive Plan Amendment—Sea Level Wise Adaptation Strategy Agenda Item 6 Page 2 Revisions to Compreh ensive Plan 2016 O'tyof Virginia 8eneh Comprehensive Ran-1Cs Ow Future:A Otoloe OW Abven ber 20,2028 well-placed at higher elevations and away from inland tidal waters.A few of the SGAs either border or contain existing inland tidal waters These include: • Thalia Creek on the eastern boundary of the Pembroke SGA; • the southern tributaries of the Eastern Branch of the Lynnhaven River,which runs through the center of the Lynnhaven SGA to London Bridge Creek; • Linkhorn Bay on the eastern border of the Hilltop SGA;and • Lake Rudee,Lake Holly,Owls Creek,and the southern tributaries of the Resort%A. Accordingly,our SGA Plans recommend substantial buffers between new development and these waterways,and in some cases,red aiming these buffer areas for open space as opportunities arise.4nordcr The Sea Level Wise Adaptation Strategy assess impacts to the Strategic Growth Areas and our city as a whole,as well as identifying Strategy elements that will improve the Citv's resilience to the flood conditions of both today and tomorrow. Thalia Creek Greenway in Pembroke SGA Urban Areas/2-22 City of Virginia Beach Comprehensive Plan Amendment—Sea Level Wise Adaptation Strategy Agenda Item 6 Page 3 City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City November 20,2018 • while the most densely populated area of the City,is primarily a neighborhood residential area; • comprises commercial uses to support the neighborhoods; • accommodates Shore Drive,a primary circulation corridor for the City;and, • affords more passive recreational and tourism amenities. The Bayfront Advisory Commission(originally established as the Shore Drive Advisory Committee and then the Bayfront Advisory Committee)was established by City Council in 1998. The mission given by City Council to the Bayfront Advisory Commission is: ...to review and make recommendations to the City Council regarding public and private projects and issues associated with the Bayfront area,and projects or issues associated with the Bayfront area that the City Council may refer to the Commission. More information is provided in the Shore Drive Corridor Plan,adopted by the City Council in 2000. The Shore Drive Corridor Design Guidelines provide direction for the form and function of land use and development in this area. Both of these documents are available in the Planning Department's online Document Library at yvww.vbgov.com/Planning. The planning policies that apply to the entire Shore Drive Corridor and Bayfront Communities are: • Completion of the remaining roadway improvements(all identified Phases)along Shore Drive to enhance the safety,access,and character of the Corridor; • Retain the majority of Shore Drive,particularly east of the bridge,as a four-lane road for as long as is practical,but protect the necessary right-of-way for an expansion to a six-lane facility,if necessary. Any increase in the number of lanes on Shore Drive could negatively impact the community by further separating the northern and southern parts of the Corridor; • Ensure safe passage by pedestrians from one side of Shore Drive to the other side through reduced speed limits and well-identified pedestrian crossings; • Ensure the safety of bicyclists using Shore Drive; • Preserve and protect the character of the established neighborhoods; • Improve land use compatibilities and avoid over-commercialization to insure that resort-based uses complement rather than dominate this corridor; • Encourage reuse and revitalization of existing commercial properties; • Achieve the lowest reasonable density for future residential uses; • D 'n this area;Implement the recommendations of the Sea Level Wise Adaptation strategy to address projected sea level rise and recurrent flooding that occurs in this area • Update the Shore Drive Corridor Design Guidelines,and in particular,develop design guidance for residential development within the Corridor and its established neighborhoods; • Improve public parking and public access to the beachfronts; • Provide a continuous multipurpose trail through this corridor(reference the Virginia Beach Outdoors Plan for recommendations);and, • Provide continued support for restoring the health of the Chesapeake Bay and Lynnhaven River. This Suburban Focus Area has three sub-areas that,due to unique issues and/or opportunities,require further guidance. The following sections provide specific planning guidance for each. Suburban Areas/1-72 City of Virginia Beach Comprehensive Plan Amendment—Sea Level Wise Adaptation Strategy Agenda Item 6 Page 4 City of Webb Both Compvhwnhr•Phi,-it's Ow Future:A Choice City Navmbw 20,2018 . In 2014.City Council launched the Comprehensive Sea Level Rise and Recurrent Flooding Capital Improvement Prograru project.which is now known as Sea Level Wise.to enable Virginia Beach to establish long-term resilience to sea level rise and associated recurrent flooding.The first phase of Sea Level Wise focused on establishing a full understanding of flood risks by analyzing sea level rise and recurrent flooding impacts to both built infrastructure and the natural environment.Phase two concentrated on developing and evaluating options for addressing,short-term and long-term flood risks.During Phase three.a comprehensive planning process brought together all the distinct Sea Level Wise components to form an integrated Adaptation Strategy to guide adaptation efforts across the entire city,as well as actionable adaptationprojects for each of the City's four major watersheds.The final phase involves implementing the projects identified throughout this effort. As part of developing this response plan the Adaptation Strategy the City has identified sea level rise planning horizons in order to complete the vulnerability assessment and develop adaptation strategies.Two scenarios were selected for short-and long-term planning purposes,using the NOAA,USACE,and VIMS projection scenarios: • 1.5-foot of projected rise for the short term planning horizon. • 3 feet of projected rise for the long-term planning horizon(50+years)to be used as a basis for making long-term decisions,such as public infrastructure(roadways,bridges, alternative transportation modes,public utilities,and stormwater drainage system)design and replacement. In addition to planning for sea level rise,several neighborhoods have been impacted by flooding from storm and rainfall events.The City is undertaking a drainage study to develop solutions to address flooding in these neighborhoods and protect them from future events. The City is also exploring the benefits of participating in FEMA's Community Rating System(CRS)Program,which could provide discounts on federal flood insurance premiums paid by property owners. In Virginia Beach,living near the water remains desirable. Projected patterns for future development should be evaluated and considered to determine the vulnerability to flooding over time.Sea level rise must be particularly considered in areas with relatively flat topography,such as the Southern Rivers Watersheds Area,as small changes in sea level can adversely impact greater land areas. Care should be taken when locating and building homes and other structures,as well as new development and residential subdivisions,to ensure that they are adequately protected from flooding now and into the future. }Lazard Mitigation Environmental hazards are very real to our coastal area.The City must focus on long-term sustainability by identifying short and long term impacts associated with natural events.The 2011 Southside Regional Hazard Mitigation Plan (Jittp://www.lu-pdcva,gov/uploads/does/2011%20Southside%20HR%20llazard%20Mitigation% Environmental Stewardship Framework/2-56 City of Virginia Beach Comprehensive Plan Amendment—Sea Level Wise Adaptation Strategy Agenda Item 6 Page 5 dty of Virginia Beach Comprehensive Plan-It's Our future:A Choke City November 20,2018 JS)Plan.pal)recommends specific actions designed to protect residents,business owners and the built environment from hazards that pose the greatest risk. A comprehensive mitigation approach addresses hazard vulnerabilities that exist today and in the foreseeable future.Therefore,projected patterns of future development must he evaluated and considered in terms of how that growth will increase or decrease a community's hazard vulnerability over time. Land use is a particularly important theme in Southside Hampton Roads,where many communities are facing increasing growth rates.Local policies that guide community growth and development, incentives tied to natural resource protection,and public awareness and outreach activities should be considered to reduce participating jurisdiction's future vulnerability to identified hazards. The Southside Regional Hazard Mitigation Plan is currently in the process of being updated and rewritten into a Regional Hazard Mitigation Plan,with expected adoption in late 2016.Care should be taken to ensure consistency between the Comprehensive Plan and the Regional Hazard Mitigation Plan,especially related to strategies to mitigate recurrent flooding and sea level rise. Recommended Policies: Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Concentrate new development at higher elevations outside special flood hazard areas. • Use alternative construction techniques to minimize fill in the Floodplain Subject to Special Restrictions. • Wherever possible in the development approval process,avoid developing inside special flood hazard areas,especially in the Southern Watershed Area,which is characterized by limited relief and a minimal hydraulic gradient. Agenda for Future Action Recommendations: Sea Level Rise,Recurrent Flooding,and Hazard Mitigation • Develop a program to educate the public on the beneficial functions and values of floodplains. Implement the findings and recommendations of the Sea Level Wise Response Strateev • Preserve and enhance beaches and dunes along the City's Atlantic Ocean and Chesapeake Bay shorelines. • Implement the recommendations of the Regional Hazard Mitigation Plan. LAND DEVELOPMENT AND STORM WATER MANAGEMENT Land is a precious resource,limited in amount,highly valued and often exploited,a commodity that is constantly being sold,developed,or redeveloped. As the City matures,its land inventory becomes even scarcer. Management of land in its natural state demands that we employ wise management and stewardship practices to safeguard the City's natural heritage. Similarly, developed land should be used in a sustainable manner so that its value to present and future generations is maintained or enhanced. Integrated Site Design and stormwater management arc key techniques that can be used to enable responsible and more sustainable land development practices. Environmental Stewardship Framework/Z-57 City of Virginia Beach Comprehensive Plan Amendment—Sea Level Wise Adaptation Strategy Agenda Item 6 Page 6 City el VirginiaB.odheaoprebehhsly.Plan-tea Our ..bw.:A Choke City November 20,2018 and enacting local policies to guide growth and development,providing incentives tied to natural resource protection,and providing public awareness and outreach activities. One significant aspect of a community's future vulnerability is its land use development pattern.This is a particularly important theme in Hampton Roads where many communities arc facing increasing growth rates which could determine their future vulnerability.Therefore,projected patterns of future development must be evaluated and considered in terms of how that growth will increase or decrease a community's hazard vulnerability over time.One area that the city must focus on is the identification of short and long term impacts from natural and man-induced events in order to prepare for long-term sustainability. Sea Level Rise and Recurrent Flooding Sea level rise is a major concern for Coastal Virginia,particularly for the Hampton Roads region. Hampton Roads ranks as the second most vulnerable area in the U.S.for sea level rise,behind New Orleans.Due to its coastal location,Virginia Beach continues to be an active participant in current regional planning efforts for Adaptation and Mitigation Planning for sea level rise and recurrent flooding.In 2013,Virginia Beach updated its floodplain ordinance.Among the major changes to the ordinance was the adoption of two feet of freeboard for all new construction and for substantial improvements to existing construction.In addition,the city has participated in several rounds of FEMA grant funding to elevate homes that have experienced sever repetitive loss.To date,seven homes have been elevated,another eight have funding to be elevated,and five homes are currently under review to receive funding. The City has also developed the Sea Level Wise Adaptation Strategy.which consists of four complementary themes.each with a specific approach to flood risk management.The lavers are designed to support each other,integrating structural and non-structural measures to ensure comprehensive flood protection across a range of environmental conditions.Adaptation strategies fall broadly into the categories of natural mitigation.preparing the community.engineered defenses.and adapting structures,In addition to planning for sea level rise,several neighborhoods have been impacted by flooding from storm and rainfall events,otherwise known as'recurrent flooding'.The city is undertaking a drainage study to develop engineered solutions to address flooding in these neighborhoods and reduce their risk for flooding. Recommended Policies: Sea Level Rise and Recurrent Flooding • Concentrate new development at higher elevations outside special flood hazard areas. • Use alternative construction techniques to minimize fill in the'Floodplain Subject to Special Restrictions.' • Wherever possible in the development approval process,avoid developing inside floodplain areas and similar low-lying areas. Affordability and Equal Housing Opportunity Housing&Neghborhoods/2.73 City of Virginia Beach Comprehensive Plan Amendment—Sea Level Wise Adaptation Strategy Agenda Item 6 Page 7 Item #6 City of Virginia Beach An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Virginia Beach Sea Level Wise Adaptation Strategy Report by amending Sections 1.1, 1.2,2.2,and 2.3 May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Mr. Landfair: Thank you. The next items on the consent agenda are items number 6, 7, 8 and 9. Item six is an ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan. The Virginia Beach sea level wise adaptation strategy and to amend sections 1.1, 1.2,2.2 and 2.3. Item seven is an ordinance to conform sections 1.2, 5.1 and 5.16 of the Site Plan Ordinates (Appendix C) to the provisions of the Public Works Design Standards Manual. Item eight is an ordinance to conform sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B) to the provisions of the Public Works Design Standards Manual. Item nine is an ordinance to conform sections 246 and 1501 of the City Zoning Ordinance and section 6.2.6 of the Ocean Resort District Form-Based code (Appendix C) to the provisions of the Public Works Design Standards Manual. Both staff and the Planning Commission recommend approval of these ordinance amendments and since there is no opposition to these requests, the Planning Commission places them on the consent agenda. The next items on the consent agenda are for Short Term Rentals. The Planning Commission places the following applications for a conditional use permit for Short Term Rental on the consent agenda. These applications meet the applicable requirements for Section 241.2 of the zoning ordinance. Staff supports the applications and there are no speakers signed up to comment. Therefore items 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been placed on the consent agenda. Madam Chair, that concludes the consent agenda. Are there any questions from the planning? Thank you Madam Chair, staff does not see any further questions of the Commission. So I opened the mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. 1 Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8,9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are 2 opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE 3 Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE I 4 I 4 fo • 4:ti r.3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) An Ordinance to Conform Sections 246 and 1501 of the City Zoning Ordinance (Appendix A) and Section 6.2.6 of the Oceanfront Resort District Form-Based Code (Appendix 1) of the City Zoning Ordinance to the Provisions of the Public Works Design Standards Manual (Planning Commission #9) 2) An Ordinance to Conform Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B) to the Provisions of the Public Works Design Standards Manual (Planning Commission #8) 3) An Ordinance to Conform Sections 1.2, 5.1 and 5.16 of the Site Plan Ordinance (Appendix C) to the Provisions of the Public Works Design Standards Manual (Planning Commission #7) MEETING DATE: June 16, 2020 ■ Background: Public Works has worked for some time to update and streamline the Public Works Specifications and Standards. The newly revised Public Works Design Standards Manual ("PWDSM") is on the agenda under Ordinances and Resolutions. These 3 Ordinances are located in the Zoning Ordinance, Subdivision Regulations and Site Plan Ordinance, and have already been to the Planning Commission where the recommendation was for approval of all three (3). The three (3) Ordinances are changes that were necessitated by the changing of the name of the manual to the PWDSM. No substantive changes are required. • Considerations: Specifications and Standards have long been the requirements for public and private construction and have been updated every few years since its initial adoption. An overhaul was necessary to keep the Manual current with changing requirements. • Public Information: Public information will be provided through the normal Council agenda process. As well, the PWDSM has been vetted with the public and all comments were duly considered. ■ Recommendations: The Planning Commission placed these items on the Consent Agenda, passing the motion by a recorded vote of 9-0, to recommend approval of these requests. • Attachments: Staff Reports Minutes of Planning Commission Meeting Ordinances Planning revision to PWDSM Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval Submitting Department/Agency: Planning Department ( ' City Manager: T 1 AN ORDINANCE TO CONFORM SECTIONS 2 246, AND 1501 OF THE CITY ZONING 3 ORDINANCE (APPENDIX A) AND SECTION 4 6.2.6 OF THE OCEANFRONT RESORT 5 DISTRICT FORM-BASED CODE (APPENDIX 6 1) OF THE CITY ZONING ORDINANCE TO 7 THE PROVISIONS OF THE PUBLIC WORKS 8 DESIGN STANDARDS MANUAL 9 10 Sections Amended: City Zoning Ordinance §§ 246 and 11 1501 and Oceanfront Resort District 12 Form-Based Code § 6.2.6 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That Sections 246 and 1501 and 6.2.6 of Appendix 1 of the City Zoning 21 Ordinance is hereby amended and reordained to read as follows: 22 23 APPENDIX A - ZONING ORDINANCE 24 25 D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING 26 CENTERS 27 28 29 30 Sec. 246. Site design. 31 32 The following site design characteristics shall apply to retail establishments and 33 shopping centers which are subject to the provisions of this part: 34 35 . . . . 36 (d) Pedestrian access: 37 38 (1) Sidewalks shall be located along public rights-of-way in accordance 39 with department of public works engineering specifications and 40 stands the Public Works Design Standards Manual. 41 42 43 44 ARTICLE 15. RESORT TOURIST DISTRICTS 45 46 A. RT-1 RESORT TOURIST DISTRICT 47 48 49 50 Sec. 1501. Use regulations. 51 52 (a) The following chart lists those uses permitted within the RT-1 Resort 53 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as 54 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 55 2 (section 220 et seq.). No uses or structures other than those specified shall be 56 permitted. All uses, whether principal or conditional, should to the greatest extent 57 possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 58 59 60 Use RT-1 Temporary commercial parking lots, provided that adjacent to any public P right-of-way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the and Standards Manual Public Works Design Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in Public Works Design Standards Manual shall be allowed. 61 62 63 64 APPENDIX 1 65 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 66 67 . . . . 68 69 6.2.6 Parking Design Standards 70 2 71 . . . . 72 73 C. Specifications 74 75 All spaces shall comply with the • 76 Public Works Design Standards Manual, and where such specifications and 77 standards do not apply, parking surfaces shall be provided and maintained with 78 an all weather surface. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 114-19//cy / Planning DepartmerSt City Atto ney's Office CA15030 R-2 March 19, 2020 3 Applicant City of Virginia Beach Agenda Items Public Hearing May 27, 2020 &7, Ordinances to conform sections of Site Plan Ordinance, 8 clryoj Subdivision Regulations, and Zoning Ordinance to 9 Virginia Beach provisions of Public Works Design Standards Manual Requests #7 An Ordinance to conform sections 1.2, 5.1 and 5.16 of the Site Plan Ordinance (Appendix C)to the provisions of the Public Works Design Standards Manual #8 An Ordinance to conform sections 5.1, 5.2, 5.3, 5.4, 5.5,5.6, 5.7, 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B)to the provisions of the Public Works Design Standards Manual. #9 An Ordinance to conform sections 246 and 1501 of the City Zoning Ordinance,and section 6.2.6 of the Oceanfront Resort District Form-Based Code (Appendix C)to the provisions of the Public Works Design Standards Manual. Summary of Requests The City of Virginia Beach is replacing the current Department of Public Works Specifications and Standards Manual (PWS&S)with a newly created document entitled Public Works Design Standards Manual.The PWS&S,which was first adopted by City Council in 1994,establishes standards, policies, procedures, specifications and details for private development as well as for public infrastructure design. This document details the design criteria for all infrastructure and stormwater design and is utilized by plan preparers and staff. The Public Works Design Standards Manual is an updated, simplified document that reflects current best engineering practices as referenced in local, state, and federal guidelines. Recommendation Staff recommends approval of these Ordinances, in order to ensure consistency and conformance of applicable sections of the City Site Plan Ordinance, Subdivision Regulations, and Zoning Ordinance to the provisions of the Public Works Design Standards Manual. City of Virginia Beach Agenda Items 7,8&9 Page 1 #7 Site Plan Ordinance Amendment 1 AN ORDINANCE TO CONFORM SECTIONS 2 1.2, 5.1, AND 5.16 OF THE SITE PLAN 3 ORDINANCE (APPENDIX C) TO THE 4 PROVISIONS OF THE PUBLIC WORKS 5 DESIGN STANDARDS MANUAL 6 7 Sections Amended: Site Plan Ordinance §§ 8 1.2, 5.1, and 5.16 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 1.2, 5.1, and 5.16 of the Site Plan Ordinance is hereby amended 17 and reordained to read as follows: 18 19 APPENDIX C-SITE PLAN ORDINANCE 20 21 Sec. 1. Definitions. 22 23 24 25 1.2. Adequate. The term adequate shall mean standards and/or specifications 26 as set forth in recognized engineering codes and regulations, as approved and 27 recognized by national engineering organizations, except where such standards conflict 28 with the standardsworks Public Works 29 Design Standards Manual, as approved by the council of the City of Virginia Beach, in 30 which case the latter shall control. 31 32 33 34 Sec. 5. Minimum standards and specifications required. 35 36 . . . . 37 38 5.2. In addition to 5.1 above, condominium and apartment developments shall 39 have on-site pavement design and improvements based upon soil boring information 40 and design methods which are acceptable under the provisions of the public-ems 41 specification and standards-manual Public Works Design Standards Manual. Also, a City of Virginia Beach Agenda Items 7, 8 & 9 Page 2 #7 Site Plan Ordinance Amendment 42 professional engineer, duly licensed by the Commonwealth of Virginia to practice as 43 such, shall certify that on-site typical pavement sections are consistent with the 44 approved site plan design specifications and that standard pavement construction 45 practices were followed. 46 47 48 49 5.16 Underground utilities. Except as provided below, transmissions, 50 distribution, and customer service utility facilities carrying or used in connection with 51 electric power, street lights, telephone, telegraph, cable television, petroleum, gas or 52 steam, shall be placed below the surface of the ground. Exceptions are as follows: 53 54 (a)Equipment such as electric distribution transformers, switchgear, meter 55 pedestals, telephone pedestals, meters, service connections and the like 56 normally installed above ground in accordance with the accepted utility 57 practices for underground distribution. 58 (b)Temporary overhead facilities required for construction purposes. 59 (c) High tension transmission lines, fifty thousand(50,000)volts or more. 60 61 All installations hall be in accord with the applicable codes and the-spesi€icatiens 62 of t e the Public Works Design Standards Manual as 63 approved by the council of the City of Virginia Beach, and shall be in accordance with 64 charges as approved by the state corporation commission. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PlanningDe artm nt City tior ey's ty y s Office CA15032 R-1 March 9,2020 2 City of Virginia Beach Agenda Items 7, 8 & 9 Page 3 #8 Subdivision Regulations Ordinance Amendment 1 AN ORDINANCE TO CONFORM SECTIONS 2 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, AND 3 6.3 OF THE SUBDIVISION REGULATIONS 4 (APPENDIX B) TO THE PROVISIONS OF 5 THE PUBLIC WORKS DESIGN STANDARDS 6 MANUAL 7 8 Sections Amended: Subdivision Regulations§§ 5.1, 5.2, 5.3, 9 5.4, 5.5, 5.6, 5.7, 5.10,6.1, and 6.3 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH,VIRGINIA: 16 17 That Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, and 6.3 of the Subdivision 18 Regulations is hereby amended and reordained to read as follows: 19 20 APPENDIX B-SUBDIVISION REGULATIONS 21 22 23 24 REQUIRED IMPROVEMENTS 25 26 Sec.5.1. Permanent monuments. 27 28 Permanent monuments of material, size and length as prescribed in the 29 spesif+satiens--of the de Public Works Design Standards 30 Manual, as approved by the council of the City of Virginia Beach, shall be placed at all 31 block corners and at the tangent points of curves connecting intersecting street lines; at 32 the points of curvature and tangency in curved street lines; at all corners in the exterior 33 boundary of the subdivision except those inaccessible due to topography; and at such 34 other points as may be designated by the director of public works. 35 36 37 38 Sec. 5.2. Streets and alleys. 39 City of Virginia Beach Agenda Items 7, 8&9 Page 4 #8 Subdivision Regulations Ordinance Amendment 40 Streets and alleys shall be graded and surfaced in accordance with the 41 -works Public Works Desi_;n Standards 42 Manual,as approved by council of the City of Virginia Beach. 43 44 Sec. 5.3. Street signs and traffic-control devices. 45 46 Street signs and traffic-control devices in accordance with the spesifreations-of 47 Public Works Design Standards Manual, as approved by 48 the council of the City of Virginia Beach, shall be erected at all street intersections. 49 50 Sec. 5.4. Street lights. 51 52 Street lights shall be provided and installed: 53 54 (a) Along arterial or collector streets; 55 56 (b) In all multiple family, hotel, commercial and industrial districts; 57 58 (c) In such other locations as are found by the department of public works to 59 require such lighting in the interests of safety and security for persons, 60 property or traffic. 61 62 Such lighting shall be provided and installed as set forth in the apesi setions-ef the 63 Public Works Design Standards Manual, as approved by the 64 council of the City of Virginia Beach. The recorder subdivider shall pay to the city all 65 costs involved in installation and all costs to be incurred during the first year of operation 66 following installation, upon receipt of a certified bill. 67 68 Sec. 5.5. Street and other drainage. 69 70 71 72 (a) [Curbs and gutters). Curbs and gutters built 73 in accordance with the Public Works Design 74 Standards Manual, as approved by the council of the City of Virginia 75 Beach shall be required, except as provided in subsection (c), on all 76 streets, except when It is determined by the director of planning or his 77 designee that existing soil or site conditions would make this requirement 78 impractical or where the use of best management practices is better 79 promoted otherwise, in which case a waiver or modification may be 80 authorized, provided, however, that any such waiver or modification shall 2 City of Virginia Beach Agenda Items 7, 8 & 9 Page 5 #8 Subdivision Regulations Ordinance Amendment 81 be put into writing and include the reasons therefor and be made a part of 82 the permanent application record. 83 84 (b) Storm sewers and drainage. Where required by the director of public 85 works, underground storm sewers meeting--specifications of -the 86 department-of pu►blis--works in accordance with the Public Works Design 87 Standards Manual, as approved by the council of the City of Virginia 88 Beach, shall be installed, except as provided in subsection (c)and, except 89 where such requirement is waived or modified under the provisions set 90 forth in Section 5.5(d). Elsewhere open drainage ways meeting 91 departmen-t-of public works in accordance with the 92 Public Works Design Standards Manual, as approved by the council of the 93 City of Virginia Beach, shall be used. 94 95 96 97 Sec.5.6. Sidewalks. 98 99 Where constructed, sidewalks shall be in accordance with the specifications-and 100 standards-of Public Works Design Standards Manual, as 101 approved by the council of the City of Virginia Beach and the standards established by 102 the Americans With Disabilities Act. 103 104 105 106 107 Sec. 5.7. Driveway entrances. 108 109 Driveway entrances shall be in accord with the specifications of department 110 eflic-works Public Works Design Standards Manual, as approved by the council of 111 the City of Virginia Beach. 112 113 114 115 Sec. 5.10. Underground utilities. 116 117 (a) Except as provided below, transmission, distribution, and customer service 118 utility facilities carrying or used in connection with electric power, streetlights, telephone, 119 telegraph, cable television, petroleum, gas or steam, shall be placed below the surface 120 of the ground. Exceptions are as follows: 121 3 City of Virginia Beach Agenda Items 7, 8&9 Page 6 #8 Subdivision Regulations Ordinance Amendment 122 (1) Equipment such as electric distribution transformers, switchgear, meter 123 pedestals, telephone pedestals, meters, service connections and the like 124 normally installed aboveground in accordance with accepted utility 125 practices for underground distribution. 126 127 (2) Temporary overhead facilities required for construction purposes. 128 129 (3) High tension transmission lines, fifty thousand (50,000)volts or more. 130 131 All installations shall be in accord with applicable codes and 132 the Public Works Design Standards Manual, as 133 approved by the council of the City of Virginia Beach and shall be in accordance with 134 charges as approved by the state corporation commission. 135 136 137 138 PLATS AND DATA 139 140 Sec. 6.1. Preliminary plats and data—Generally. 141 142 The preliminary plat shall be at a scale of not less than one inch equals one 143 hundred (100) feet and may be of one or more sheets as necessary. The plat shall 144 include or be accompanied by the following: 145 146 147 148 (c) Location and identification of existing features and improvements within he 149 tract, including streets, structures, water areas by type (including areas in 150 marsh or subject to frequent inundation), wooded areas, easements, 151 installed utilities and other important details. Information on soil and 152 subsoil conditions shall be provided in the form and manner indicated in 153 the--specifications-of-the departme#-ef-pubiis-works the Public Works 154 Design Standards Manual. Plats of tracts abutting on or containing natural 155 or artificial bodies of water shall show the approximate high water lines, 156 bulkhead and pier, head lines if officially established, and top of bank and 157 toe of slope. 158 159 . . . . 160 161 (j) Topographic map of a suitable scale and contour interval, as determined 4 City of Virginia Beach Agenda Items 7, 8&9 Page 7 #8 Subdivision Regulations Ordinance Amendment 162 by the Planning Director city-engineer, where a grading and drainage plan 163 is required by the -departme ef--public_wer-ks Public 164 Works Design Standards Manual, as approved by the council of the City of 165 Virginia Beach. Vertical control shall be based on North American Vertical 166 Datum(NAVD)of 1988. 167 168 169 170 Sec. 6.3. Final plats and data. 171 172 173 174 (f) A minimum of two (2) coordinate values must be shown on each sheet of 175 the plat, expressed in U.S. Survey Feet. No plat showing plus or minus 176 distance will be approved. Plan and profile sheets shall be provided on all 177 new streets and underground utilities, as required by specifications-of-fie 178 Public Works Design Standards Manual or 179 department of public utilities, as approved by the council of the City of 180 Virginia Beach. The director of public works or director of public utilities 181 may require such office and field checks, respectively, as necessary to 182 assure the accuracy of the plat. 183 184 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De artme t City Attorney's O ice CA15031 R-1 March 9,2020 5 City of Virginia Beach Agenda Items 7, 8&9 Page 8 #9 Zoning Ordinance Amendment 1 AN ORDINANCE TO CONFORM SECTIONS 2 246, AND 1501 OF THE CITY ZONING 3 ORDINANCE (APPENDIX A) AND SECTION 4 6.2.6 OF THE OCEANFRONT RESORT 5 DISTRICT FORM-BASED CODE (APPENDIX 6 1) OF THE CITY ZONING ORDINANCE TO 7 THE PROVISIONS OF THE PUBLIC WORKS 8 DESIGN STANDARDS MANUAL 9 10 Sections Amended: City Zoning Ordinance §§ 246 and 11 1501 and Oceanfront Resort District 12 Form-Based Code§6.2.6 13 14 WHEREAS, the public necessity,convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH,VIRGINIA: 19 20 That Sections 246 and 1501 and 6.2.6 of Appendix 1 of the City Zoning 21 Ordinance is hereby amended and reordained to read as follows: 22 23 APPENDIX A-ZONING ORDINANCE 24 25 D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING 26 CENTERS 27 28 29 30 Sec. 246. Site design. 31 32 The following site design characteristics shall apply to retail establishments and 33 shopping centers which are subject to the provisions of this part: 34 35 36 (d) Pedestrian access: 37 38 (1) Sidewalks shall be located along public rights-of-way in accordance 39 with 40 standards the Public Works Design Standards Manual. City of Virginia Beach Agenda Items 7, 8 & 9 Page 9 #9 Zoning Ordinance Amendment 41 42 43 44 ARTICLE 15. RESORT TOURIST DISTRICTS 45 46 A. RT-1 RESORT TOURIST DISTRICT 47 48 49 50 Sec. 1501. Use regulations. 51 52 (a) The following chart lists those uses permitted within the RT-1 Resort 53 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as 54 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 55 2 (section 220 et seq.). No uses or structures other than those specified shall be 56 permitted. All uses, whether principal or conditional, should to the greatest extent 57 possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 58 59 60 Use RT-1 Temporary commercial parking lots, provided that adjacent to any public P right-of-way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Perlis--Work Speeikatiens arm Public Works Design Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in and-Standards-Manual Public Works Design Standards Manual shall be allowed. 6162 63 64 APPENDIX 1 65 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 66 67 . . . . 68 69 6.2.6 Parking Design Standards 70 2 City of Virginia Beach Agenda Items 7, 8 &9 Page 10 #9 Zoning Ordinance Amendment 71 . . . . 72 73 C. Specifications 74 75 All spaces shall comply with the f Rublic-Wefks 76 Public Works Design Standards Manual and where such specifications and 77 standards do not apply, parking surfaces shall be provided and maintained with 78 an all weather surface. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: lilt"- L Planning Department City tto ney's Office CA15030 R-2 March 19,2020 3 City of Virginia Beach Agenda Items 7, 8 & 9 Page 11 Item #9 City of Virginia Beach An Ordinance to conform sections 246 and 1501 of the City Zoning Ordinance,and section 6.2.6 of the Oceanfront Resort District Form-Based Code(Appendix C)to the provisions of the Public Works Design Standards Manual May 27,2020 RECOMMEND FOR APPROVAL-CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Mr. Landfair: Thank you. The next items on the consent agenda are items number 6, 7, 8 and 9. Item six is an ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan. The Virginia Beach sea level wise adaptation strategy and to amend sections 1.1, 1.2,2.2 and 2.3. Item seven is an ordinance to conform sections 1.2, 5.1 and 5.16 of the Site Plan Ordinates (Appendix C) to the provisions of the Public Works Design Standards Manual. Item eight is an ordinance to conform sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B) to the provisions of the Public Works Design Standards Manual. Item nine is an ordinance to conform sections 246 and 1501 of the City Zoning Ordinance and section 6.2.6 of the Ocean Resort District Form-Based code (Appendix C) to the provisions of the Public Works Design Standards Manual. Both staff and the Planning Commission recommend approval of these ordinance amendments and since there is no opposition to these requests, the Planning Commission places them on the consent agenda. The next items on the consent agenda are for Short Term Rentals. The Planning Commission places the following applications for a conditional use permit for Short Term Rental on the consent agenda. These applications meet the applicable requirements for Section 241.2 of the zoning ordinance. Staff supports the applications and there are no speakers signed up to comment. Therefore items 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been placed on the consent agenda. Madam Chair, that concludes the consent agenda. Are there any questions from the planning? Thank you Madam Chair, staff does not see any further questions of the Commission. So I opened the mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. 1 Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that 1 am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are 2 opposed 'say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE 3 Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE 4 1 AN ORDINANCE TO CONFORM SECTIONS 2 5.1 , 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, A N D 3 6.3 OF THE SUBDIVISION REGULATIONS 4 (APPENDIX B) TO THE PROVISIONS OF 5 THE PUBLIC WORKS DESIGN STANDARDS 6 MANUAL 7 8 Sections Amended: Subdivision Regulations §§ 5.1, 5.2, 5.3, 9 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, and 6.3 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, and 6.3 of the Subdivision 18 Regulations is hereby amended and reordained to read as follows: 19 20 APPENDIX B - SUBDIVISION REGULATIONS 21 22 . . . . 23 24 REQUIRED IMPROVEMENTS 25 26 Sec. 5.1. Permanent monuments. 27 28 Permanent monuments of material, size and length as prescribed in the 29 Public Works Design Standards 30 Manual, as approved by the council of the City of Virginia Beach, shall be placed at all 31 block corners and at the tangent points of curves connecting intersecting street lines; at 32 the points of curvature and tangency in curved street lines; at all corners in the exterior 33 boundary of the subdivision except those inaccessible due to topography; and at such 34 other points as may be designated by the director of public works. 35 36 . . . . 37 38 Sec. 5.2. Streets and alleys. 39 40 Streets and alleys shall be graded and surfaced in accordance with the 41 Public Works Design Standards 42 Manual, as approved by council of the City of Virginia Beach. 43 44 Sec. 5.3. Street signs and traffic-control devices. 45 46 Street signs and traffic-control devices in accordance with the 47 Public Works Design Standards Manual, as approved by 48 the council of the City of Virginia Beach, shall be erected at all street intersections. 49 50 Sec. 5.4. Street lights. 51 52 Street lights shall be provided and installed: 53 54 (a) Along arterial or collector streets; 55 56 (b) In all multiple family, hotel, commercial and industrial districts; 57 58 (c) In such other locations as are found by the department of public works to 59 require such lighting in the interests of safety and security for persons, 60 property or traffic. 61 62 Such lighting shall be provided and installed as set forth in the 63 Public Works Design Standards Manual, as approved by the 64 council of the City of Virginia Beach. The recorder subdivider shall pay to the city all 65 costs involved in installation and all costs to be incurred during the first year of operation 66 following installation, upon receipt of a certified bill. 67 68 Sec. 5.5. Street and other drainage. 69 70 71 72 (a) [Curbs and gutters]. Curbs and gutters built to specifications of the 73 in accordance with the Public Works Design 74 Standards Manual, as approved by the council of the City of Virginia 75 Beach shall be required, except as provided in subsection (c), on all 76 streets, except when it is determined by the director of planning or his 77 designee that existing soil or site conditions would make this requirement 78 impractical or where the use of best management practices is better 79 promoted otherwise, in which case a waiver or modification may be 80 authorized, provided, however, that any such waiver or modification shall 2 81 be put into writing and include the reasons therefor and be made a part of 82 the permanent application record. 83 84 (b) Storm sewers and drainage. Where required by the director of public 85 works, underground storm sewers meeting specifications of the 86 in accordance with the Public Works Design 87 Standards Manual, as approved by the council of the City of Virginia 88 Beach, shall be installed, except as provided in subsection (c) and, except 89 where such requirement is waived or modified under the provisions set 90 forth in Section 5.5(d). Elsewhere open drainage ways meeting 91 in accordance with the 92 Public Works Design Standards Manual, as approved by the council of the 93 City of Virginia Beach, shall be used. 94 95 96 97 Sec. 5.6. Sidewalks. 98 99 Where constructed, sidewalks shall be in accordance with the d 100 Public Works Design Standards Manual, as 101 approved by the council of the City of Virginia Beach and the standards established by 102 the Americans With Disabilities Act. 103 104 105 106 107 Sec. 5.7. Driveway entrances. 108 109 Driveway entrances shall be in accord with the 110 of-public-works Public Works Design Standards Manual, as approved by the council of 111 the City of Virginia Beach. 112 113 114 115 Sec. 5.10. Underground utilities. 116 117 (a) Except as provided below, transmission, distribution, and customer service 118 utility facilities carrying or used in connection with electric power, streetlights, telephone, 119 telegraph, cable television, petroleum, gas or steam, shall be placed below the surface 120 of the ground. Exceptions are as follows: 121 3 122 (1) Equipment such as electric distribution transformers, switchgear, meter 123 pedestals, telephone pedestals, meters, service connections and the like 124 normally installed aboveground in accordance with accepted utility 125 practices for underground distribution. 126 127 (2) Temporary overhead facilities required for construction purposes. 128 129 (3) High tension transmission lines, fifty thousand (50,000) volts or more. 130 131 All installations shall be in accord with applicable codes and the specifications of 132 the department of public works the Public Works Design Standards Manual, as 133 approved by the council of the City of Virginia Beach and shall be in accordance with 134 charges as approved by the state corporation commission. 135 136 137 138 PLATS AND DATA 139 140 Sec. 6.1. Preliminary plats and data—Generally. 141 142 The preliminary plat shall be at a scale of not less than one inch equals one 143 hundred (100) feet and may be of one or more sheets as necessary. The plat shall 144 include or be accompanied by the following: 145 146 147 148 (c) Location and identification of existing features and improvements within he 149 tract, including streets, structures, water areas by type (including areas in 150 marsh or subject to frequent inundation), wooded areas, easements, 151 installed utilities and other important details. Information on soil and 152 subsoil conditions shall be provided in the form and manner indicated in 153 the Public Works 154 Design Standards Manual. Plats of tracts abutting on or containing natural 155 or artificial bodies of water shall show the approximate high water lines, 156 bulkhead and pier, head lines if officially established, and top of bank and 157 toe of slope. 158 159 . . . . 160 161 (j) Topographic map of a suitable scale and contour interval, as determined 4 162 by the Planning Director city engineer, where a grading and drainage plan 163 is required by the Public 164 Works Design Standards Manual, as approved by the council of the City of 165 Virginia Beach. Vertical control shall be based on North American Vertical 166 Datum (NAVD) of 1988. 167 168 169 170 Sec. 6.3. Final plats and data. 171 172 173 174 (f) A minimum of two (2) coordinate values must be shown on each sheet of 175 the plat, expressed in U.S. Survey Feet. No plat showing plus or minus 176 distance will be approved. Plan and profile sheets shall be provided on all 177 new streets and underground utilities, as required by 178 Public Works Design Standards Manual or 179 department of public utilities, as approved by the council of the City of 180 Virginia Beach. The director of public works or director of public utilities 181 may require such office and field checks, respectively, as necessary to 182 assure the accuracy of the plat. 183 184 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office CA15031 R-1 March 9, 2020 5 Applicant City of Virginia Beach Agenda Items Public Hearing May 27, 2020 �X 8 7, Q_ Ordinances to conform sections of Site Plan Ordinance, Subdivision Regulations, and Zoning Ordinance to 9 Virginia Beach provisions of Public Works Design Standards Manual Requests #7 An Ordinance to conform sections 1.2, 5.1 and 5.16 of the Site Plan Ordinance (Appendix C)to the provisions of the Public Works Design Standards Manual #8 An Ordinance to conform sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B) to the provisions of the Public Works Design Standards Manual. #9 An Ordinance to conform sections 246 and 1501 of the City Zoning Ordinance, and section 6.2.6 of the Oceanfront Resort District Form-Based Code (Appendix C) to the provisions of the Public Works Design Standards Manual. Summary of Requests The City of Virginia Beach is replacing the current Department of Public Works Specifications and Standards Manual (PWS&S)with a newly created document entitled Public Works Design Standards Manual. The PWS&S, which was first adopted by City Council in 1994, establishes standards, policies, procedures, specifications and details for private development as well as for public infrastructure design. This document details the design criteria for all infrastructure and stormwater design and is utilized by plan preparers and staff. The Public Works Design Standards Manual is an updated, simplified document that reflects current best engineering practices as referenced in local, state, and federal guidelines. Recommendation Staff recommends approval of these Ordinances, in order to ensure consistency and conformance of applicable sections of the City Site Plan Ordinance, Subdivision Regulations, and Zoning Ordinance to the provisions of the Public Works Design Standards Manual. City of Virginia Beach Agenda Items 7, 8 &9 Page 1 #7 Site Plan Ordinance Amendment 1 AN ORDINANCE TO CONFORM SECTIONS 2 1.2, 5.1, AND 5.16 OF THE SITE PLAN 3 ORDINANCE (APPENDIX C) TO THE 4 PROVISIONS OF THE PUBLIC WORKS 5 DESIGN STANDARDS MANUAL 6 7 Sections Amended: Site Plan Ordinance §§ 8 1.2, 5.1, and 5.16 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 1.2, 5.1, and 5.16 of the Site Plan Ordinance Is hereby amended 17 and reordained to read as follows: 18 19 APPENDIX C-SITE PLAN ORDINANCE 20 21 Sec. 1. Definitions. 22 23 24 25 1.2. Adequate. The term adequate shall mean standards and/or specifications 26 as set forth in recognized engineering codes and regulations, as approved and 27 recognized by national engineering organizations, except where such standards conflict 28 with the works Public Works 29 Design Standards Manual, as approved by the council of the City of Virginia Beach, in 30 which case the latter shall control. 31 32 33 34 Sec. 5. Minimum standards and specifications required. 35 36 37 38 5.2. In addition to 5.1 above, condominium and apartment developments shall 39 have on-site pavement design and improvements based upon soil boring information 40 and design methods which are acceptable under the provisions of the public-works 41 specifications and standards-.manual Public Works Design Standards Manual. Also, a City of Virginia Beach Agenda Items 7, 8 &9 Page 2 #7 Site Plan Ordinance Amendment 42 professional engineer, duly licensed by the Commonwealth of Virginia to practice as 43 such, shall certify that on-site typical pavement sections are consistent with the 44 approved site plan design specifications and that standard pavement construction 45 practices were followed. 46 47 48 49 5.16 Underground utilities. Except as provided below, transmissions, 50 distribution, and customer service utility facilities carrying or used in connection with 51 electric power, street lights, telephone, telegraph, cable television, petroleum, gas or 52 steam, shall be placed below the surface of the ground. Exceptions are as follows: 53 54 (a)Equipment such as electric distribution transformers, switchgear, meter 55 pedestals, telephone pedestals, meters, service connections and the like 56 normally installed above ground in accordance with the accepted utility 57 practices for underground distribution. 58 (b)Temporary overhead facilities required for construction purposes. 59 (c) High tension transmission lines,fifty thousand(50,000)volts or more. 60 61 All installations hall be in accord with the applicable codes and the cpesifisations 62 of-fie the Public Works Design Standards Manual as 63 approved by the council of the City of Virginia Beach, and shall be in accordance with 64 charges as approved by the state corporation commission. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: n Planning De artm nt City tto iey's Office CA15032 R-1 March 9,2020 2 City of Virginia Beach Agenda Items 7, 8 &9 Page 3 #8 Subdivision Regulations Ordinance Amendment 1 AN ORDINANCE TO CONFORM SECTIONS 2 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, AND 3 6.3 OF THE SUBDIVISION REGULATIONS 4 (APPENDIX B) TO THE PROVISIONS OF 5 THE PUBLIC WORKS DESIGN STANDARDS 6 MANUAL 7 8 Sections Amended: Subdivision Regulations§§ 5.1, 5.2, 5.3, 9 5.4, 5.5, 5.6, 5.7, 5.10,6.1, and 6.3 10 11 WHEREAS, the public necessity, convenience,general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, and 6.3 of the Subdivision 18 Regulations is hereby amended and reordained to read as follows: 19 20 APPENDIX B-SUBDIVISION REGULATIONS 21 22 23 24 REQUIRED IMPROVEMENTS 25 26 Sec. 5.1. Permanent monuments. 27 28 Permanent monuments of material, size and length as prescribed in the 29 spesifisatiens-of the de Public Works Design Standards 30 Manual, as approved by the council of the City of Virginia Beach, shall be placed at all 31 block corners and at the tangent points of curves connecting intersecting street lines; at 32 the points of curvature and tangency in curved street lines; at all corners in the exterior 33 boundary of the subdivision except those inaccessible due to topography; and at such 34 other points as may be designated by the director of public works. 35 36 . . . . 37 38 Sec. 5.2. Streets and alleys. 39 City of Virginia Beach Agenda Items 7, 8 &9 Page 4 #8 Subdivision Regulations Ordinance Amendment 40 Streets and alleys shall be graded and surfaced in accordance with the 41 ' -works Public Works Design Standards 42 Manual,as approved by council of the City of Virginia Beach. 43 44 Sec. 5.3. Street signs and traffic-control devices. 45 46 Street signs and traffic-control devices in accordance with the spesifisations-ef 47 Public Works Design Standards Manual, as approved by 48 the council of the City of Virginia Beach, shall be erected at all street intersections. 49 50 Sec. 5.4. Street lights. 51 52 Street lights shall be provided and installed: 53 54 (a) Along arterial or collector streets; 55 56 (b) In all multiple family, hotel, commercial and industrial districts; 57 58 (c) In such other locations as are found by the department of public works to 59 require such lighting in the interests of safety and security for persons, 60 property or traffic. 61 62 Such lighting shall be provided and installed as set forth in the spesifisations-ef the 63 Public Works Design Standards Manual, as approved by the 64 council of the City of Virginia Beach. The recorder subdivider shall pay to the city all 65 costs involved in installation and all costs to be incurred during the first year of operation 66 following installation, upon receipt of a certified bill. 67 68 Sec. 5.5. Street and other drainage. 69 70 71 72 (a) [Curbs and gutters]. Curbs and gutters built 73 in accordance with the Public Works Design 74 Standards Manual, as approved by the council of the City of Virginia 75 Beach shall be required, except as provided in subsection (c), on all 76 streets, except when It is determined by the director of planning or his 77 designee that existing soil or site conditions would make this requirement 78 impractical or where the use of best management practices is better 79 promoted otherwise, in which case a waiver or modification may be 80 authorized, provided, however, that any such waiver or modification shall 2 City of Virginia Beach Agenda Items 7, 8 & 9 Page 5 #8 Subdivision Regulations Ordinance Amendment 81 be put into writing and include the reasons therefor and be made a part of 82 the permanent application record. 83 84 (b) Storm sewers and drainage. Where required by the director of public 85 works, underground storm sewers r eet+ag—spesifisatiens- f he 86 depaftment-of-public-works in accordance with the Public Works Design 87 Standards Manual, as approved by the council of the City of Virginia 88 Beach, shall be installed, except as provided in subsection(c)and, except 89 where such requirement is waived or modified under the provisions set 90 forth in Section 5.5(d). Elsewhere open drainage ways meeting 91 specifisatiens-ef- e.department-of-public-works in accordance with the 92 Public Works Design Standards Manual, as approved by the council of the 93 City of Virginia Beach, shall be used. 94 95 96 97 Sec.5.6. Sidewalks. 98 99 Where constructed, sidewalks shall be in accordance with the specifications and 100 standards-of works Public Works Design Standards Manual, as 101 approved by the council of the City of Virginia Beach and the standards established by 102 the Americans With Disabilities Act. 103 104 105 106 107 Sec. 5.7. Driveway entrances. 108 109 Driveway entrances shall be in accord with the department 110 works Public Works Design Standards Manual, as approved by the council of 111 the City of Virginia Beach. 112 113 114 115 Sec. 5.10. Underground utilities. 116 117 (a) Except as provided below, transmission, distribution, and customer service 118 utility facilities carrying or used in connection with electric power, streetlights, telephone, 119 telegraph, cable television, petroleum, gas or steam, shall be placed below the surface 120 of the ground. Exceptions are as follows: 121 3 City of Virginia Beach Agenda Items 7, 8 & 9 Page 6 #8 Subdivision Regulations Ordinance Amendment 122 (1) Equipment such as electric distribution transformers, switchgear, meter 123 pedestals, telephone pedestals, meters, service connections and the like 124 normally installed aboveground in accordance with accepted utility 125 practices for underground distribution. 126 127 (2) Temporary overhead facilities required for construction purposes. 128 129 (3) High tension transmission lines, fifty thousand (50,000)volts or more. 130 131 All installations shall be in accord with applicable codes and 132 the Public Works Design Standards Manual, as 133 approved by the council of the City of Virginia Beach and shall be in accordance with 134 charges as approved by the state corporation commission. 135 136 137 138 PLATS AND DATA 139 140 Sec. 6.1. Preliminary plats and data—Generally. 141 142 The preliminary plat shall be at a scale of not less than one inch equals one 143 hundred (100) feet and may be of one or more sheets as necessary. The plat shall 144 include or be accompanied by the following: 145 146 147 148 (c) Location and identification of existing features and improvements within he 149 tract, including streets, structures, water areas by type (including areas in 150 marsh or subject to frequent inundation), wooded areas, easements, 151 installed utilities and other important details. Information on soil and 152 subsoil conditions shall be provided in the form and manner indicated in 153 the-speeihsations of the department-of-publie-works the Public Works 154 Design Standards Manual. Plats of tracts abutting on or containing natural 155 or artificial bodies of water shall show the approximate high water lines, 156 bulkhead and pier, head lines if officially established, and top of bank and 157 toe of slope. 158 159 . . . . 160 161 (J) Topographic map of a suitable scale and contour interval, as determined 4 City of Virginia Beach Agenda Items 7, 8 &9 Page 7 #8 Subdivision Regulations Ordinance Amendment 162 by the Planning Director sity-engineer, where a grading and drainage plan 163 is required by the -depart rr3est-ef-publis--works Public 164 Works Design Standards Manual,as approved by the council of the City of 165 Virginia Beach. Vertical control shall be based on North American Vertical 166 Datum(NAVD)of 1988. 167 168 169 170 Sec. 6.3. Final plats and data. 171 172 173 174 (f) A minimum of two (2) coordinate values must be shown on each sheet of 175 the plat, expressed in U.S. Survey Feet. No plat showing plus or minus 176 distance will be approved. Plan and profile sheets shall be provided on all 177 new streets and underground utilities, as required by spesifisation&of the 178 Public Works Design Standards Manual or 179 department of public utilities, as approved by the council of the City of 180 Virginia Beach. The director of public works or director of public utilities 181 may require such office and field checks, respectively, as necessary to 182 assure the accuracy of the plat. 183 184 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • Planning De artmerit City Attomey's O ice CA15031 R-1 March 9,2020 5 City of Virginia Beach Agenda Items 7, 8 & 9 Page 8 #9 Zoning Ordinance Amendment 1 AN ORDINANCE TO CONFORM SECTIONS 2 246, AND 1501 OF THE CITY ZONING 3 ORDINANCE (APPENDIX A) AND SECTION 4 6.2.6 OF THE OCEANFRONT RESORT 5 DISTRICT FORM-BASED CODE (APPENDIX 6 1) OF THE CITY ZONING ORDINANCE TO 7 THE PROVISIONS OF THE PUBLIC WORKS 8 DESIGN STANDARDS MANUAL 9 10 Sections Amended: City Zoning Ordinance §§ 246 and 11 1501 and Oceanfront Resort District 12 Form-Based Code§6.2.6 13 14 WHEREAS, the public necessity,convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH,VIRGINIA: 19 20 That Sections 246 and 1501 and 6.2.6 of Appendix 1 of the City Zoning 21 Ordinance is hereby amended and reordained to read as follows: 22 23 APPENDIX A-ZONING ORDINANCE 24 25 D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING 26 CENTERS 27 28 29 30 Sec. 246. Site design. 31 32 The following site design characteristics shall apply to retail establishments and 33 shopping centers which are subject to the provisions of this part: 34 35 36 (d) Pedestrian access: 37 38 (1) Sidewalks shall be located along public rights-of-way in accordance 39 with depa 40 standards the Public Works Design Standards Manual. City of Virginia Beach Agenda Items 7, 8 &9 Page 9 #9 Zoning Ordinance Amendment 41 42 43 44 ARTICLE 15. RESORT TOURIST DISTRICTS 45 46 A. RT-1 RESORT TOURIST DISTRICT 47 48 49 50 Sec. 1501. Use regulations. 51 52 (a) The following chart lists those uses permitted within the RT-1 Resort 53 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as 54 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 55 2 (section 220 et seq.). No uses or structures other than those specified shall be 56 permitted. All uses, whether principal or conditional, should to the greatest extent 57 possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 58 59 60 — Use I RT-1 Temporary commercial parking lots, provided that adjacent to any public P right-of-way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Pt+blie-Works Spesi€+satieee Public Works Design Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in and--Standards-Manual Public Works Design Standards Manual shall be allowed. 81 62 63 64 APPENDIX 1 65 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 66 67 . . . . 68 69 6.2.6 Parking Design Standards 70 2 City of Virginia Beach Agenda Items 7, 8 &9 Page 10 #9 Zoning Ordinance Amendment 71 72 73 C. Specifications 74 75 All spaces shall comply with the ndards-of Public Werks 76 Public Works Design Standards Manual, and where such specifications and 77 standards do not apply, parking surfaces shall be provided and maintained with 78 an all weather surface. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Planning DepartmerSt City tto ney's Office CA15030 R-2 March 19,2020 3 City of Virginia Beach Agenda Items 7, 8 & 9 Page 11 Item #8 City of Virginia Beach An Ordinance to conform sections 5.1, 5.2,5.3,5.4,5.5,5.6,5.7,5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B) to the provisions of the Public Works Design Standards Manual May 27,2020 RECOMMEND FOR APPROVAL -CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Mr. Landfair: Thank you. The next items on the consent agenda are items number 6, 7, 8 and 9. Item six is an ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan. The Virginia Beach sea level wise adaptation strategy and to amend sections 1.1, 1.2,2.2 and 2.3. Item seven is an ordinance to conform sections 1.2, 5.1 and 5.16 of the Site Plan Ordinates (Appendix C) to the provisions of the Public Works Design Standards Manual. Item eight is an ordinance to conform sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B) to the provisions of the Public Works Design Standards Manual. Item nine is an ordinance to conform sections 246 and 1501 of the City Zoning Ordinance and section 6.2.6 of the Ocean Resort District Form-Based code (Appendix C) to the provisions of the Public Works Design Standards Manual. Both staff and the Planning Commission recommend approval of these ordinance amendments and since there is no opposition to these requests, the Planning Commission places them on the consent agenda. The next items on the consent agenda are for Short Term Rentals. The Planning Commission places the following applications for a conditional use permit for Short Term Rental on the consent agenda. These applications meet the applicable requirements for Section 241.2 of the zoning ordinance. Staff supports the applications and there are no speakers signed up to comment. Therefore items 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been placed on the consent agenda. Madam Chair, that concludes the consent agenda. Are there any questions from the planning? Thank you Madam Chair, staff does not see any further questions of the Commission. So I opened the mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. 1 Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining, but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman, the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are 2 opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE 3 Horsley AYE Inman AYE Klein ABSENT Oliver AYE _ Redmond AYE Wall AYE _ Weiner AYE 4 1 AN ORDINANCE TO CONFORM SECTIONS 2 1.2, 5.1 , AND 5.16 OF THE SITE PLAN 3 ORDINANCE (APPENDIX C) TO THE 4 PROVISIONS OF THE PUBLIC WORKS 5 DESIGN STANDARDS MANUAL 6 7 Sections Amended: Site Plan Ordinance §§ 8 1.2, 5.1, and 5.16 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 1.2, 5.1, and 5.16 of the Site Plan Ordinance is hereby amended 17 and reordained to read as follows: 18 19 APPENDIX C - SITE PLAN ORDINANCE 20 21 Sec. 1. Definitions. 22 23 . . . . 24 25 1.2. Adequate. The term adequate shall mean standards and/or specifications 26 as set forth in recognized engineering codes and regulations, as approved and 27 recognized by national engineering organizations, except where such standards conflict 28 with the standards and-specifications of the department of public works Public Works 29 Design Standards Manual, as approved by the council of the City of Virginia Beach, in 30 which case the latter shall control. 31 32 33 34 Sec. 5. Minimum standards and specifications required. 35 36 . . . . 37 38 5.2. In addition to 5.1 above, condominium and apartment developments shall 39 have on-site pavement design and improvements based upon soil boring information 40 and design methods which are acceptable under the provisions of the p+ blis-works 41 Public Works Design Standards Manual. Also, a 1 42 professional engineer, duly licensed by the Commonwealth of Virginia to practice as 43 such, shall certify that on-site typical pavement sections are consistent with the 44 approved site plan design specifications and that standard pavement construction 45 practices were followed. 46 47 . . . . 48 49 5.16 Underground utilities. Except as provided below, transmissions, 50 distribution, and customer service utility facilities carrying or used in connection with 51 electric power, street lights, telephone, telegraph, cable television, petroleum, gas or 52 steam, shall be placed below the surface of the ground. Exceptions are as follows: 53 54 (a) Equipment such as electric distribution transformers, switchgear, meter 55 pedestals, telephone pedestals, meters, service connections and the like 56 normally installed above ground in accordance with the accepted utility 57 practices for underground distribution. 58 (b) Temporary overhead facilities required for construction purposes. 59 (c) High tension transmission lines, fifty thousand (50,000) volts or more. 60 61 All installations hall be in accord with the applicable codes and the-specifications 62 the Public Works Design Standards Manual as 63 approved by the council of the City of Virginia Beach, and shall be in accordance with 64 charges as approved by the state corporation commission. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r Planning De artment City or ey's Office CA15032 R-1 March 9, 2020 2 Applicant City of Virginia Beach Agenda Items Public Hearing May 27, 2020 71 8 & Ordinances to conform sections of Site Plan Ordinance, cu„ni Subdivision Regulations, and Zoning Ordinance to 9 Virginia Beach provisions of Public Works Design Standards Manual Requests #7 An Ordinance to conform sections 1.2, 5.1 and 5.16 of the Site Plan Ordinance (Appendix C)to the provisions of the Public Works Design Standards Manual #8 An Ordinance to conform sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B)to the provisions of the Public Works Design Standards Manual. #9 An Ordinance to conform sections 246 and 1501 of the City Zoning Ordinance, and section 6.2.6 of the Oceanfront Resort District Form-Based Code (Appendix C)to the provisions of the Public Works Design Standards Manual. Summary of Requests The City of Virginia Beach is replacing the current Department of Public Works Specifications and Standards Manual (PWS&S)with a newly created document entitled Public Works Design Standards Manual.The PWS&S,which was first adopted by City Council in 1994, establishes standards, policies, procedures, specifications and details for private development as well as for public infrastructure design. This document details the design criteria for all infrastructure and stormwater design and is utilized by plan preparers and staff. The Public Works Design Standards Manual is an updated, simplified document that reflects current best engineering practices as referenced in local, state,and federal guidelines. Recommendation Staff recommends approval of these Ordinances, in order to ensure consistency and conformance of applicable sections of the City Site Plan Ordinance, Subdivision Regulations, and Zoning Ordinance to the provisions of the Public Works Design Standards Manual. City of Virginia Beach Agenda Items 7, 8&9 Page 1 #7 Site Plan Ordinance Amendment 1 AN ORDINANCE TO CONFORM SECTIONS 2 1.2, 5.1, AND 5.16 OF THE SITE PLAN 3 ORDINANCE (APPENDIX C) TO THE 4 PROVISIONS OF THE PUBLIC WORKS 5 DESIGN STANDARDS MANUAL 6 7 Sections Amended: Site Plan Ordinance §§ 8 1.2, 5.1, and5.16 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 1.2, 5.1, and 5.16 of the Site Plan Ordinance is hereby amended 17 and reordained to read as follows: 18 19 APPENDIX C-SITE PLAN ORDINANCE 20 21 Sec. 1. Definitions. 22 23 24 25 1.2. Adequate. The term adequate shall mean standards and/or specifications 26 as set forth in recognized engineering codes and regulations, as approved and 27 recognized by national engineering organizations, except where such standards conflict 28 with the standards -of-public works Public Works 29 Design Standards Manual, as approved by the council of the City of Virginia Beach, in 30 which case the latter shall control. 31 32 33 34 Sec. 5. Minimum standards and specifications required. 35 36 37 38 5.2. In addition to 5.1 above, condominium and apartment developments shall 39 have on-site pavement design and improvements based upon soil boring information 40 and design methods which are acceptable under the provisions of the public-works 41 specifications and standards-manual Public Works Desiqn Standards Manual. Also, a City of Virginia Beach Agenda Items 7, 8 &9 Page 2 #7 Site Plan Ordinance Amendment 42 professional engineer, duly licensed by the Commonwealth of Virginia to practice as 43 such, shall certify that on-site typical pavement sections are consistent with the 44 approved site plan design specifications and that standard pavement construction 45 practices were followed. 46 47 48 49 5.16 Underground utilities. Except as provided below, transmissions, 50 distribution, and customer service utility facilities carrying or used in connection with 51 electric power, street lights, telephone, telegraph, cable television, petroleum, gas or 52 steam, shall be placed below the surface of the ground. Exceptions are as follows: 53 54 (a)Equipment such as electric distribution transformers, switchgear, meter 55 pedestals, telephone pedestals, meters, service connections and the like 56 normally installed above ground in accordance with the accepted utility 57 practices for underground distribution. 58 (b)Temporary overhead facilities required for construction purposes. 59 (c) High tension transmission lines,fifty thousand(50,000)volts or more. 60 61 All installations hall be in accord with the applicable codes and the-spesifisations 62 the Public Works Design Standards Manual as 63 approved by the council of the City of Virginia Beach, and shall be in accordance with 64 charges as approved by the state corporation commission. Adopted by the Council of the City of Virginia Beach, Virginia, on the __ day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De artm nt City o ey's Office CA15032 R-1 March 9,2020 2 City of Virginia Beach Agenda Items 7, 8& 9 Page 3 #8 Subdivision Regulations Ordinance Amendment 1 AN ORDINANCE TO CONFORM SECTIONS 2 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, AND 3 6.3 OF THE SUBDIVISION REGULATIONS 4 (APPENDIX B) TO THE PROVISIONS OF 5 THE PUBLIC WORKS DESIGN STANDARDS 6 MANUAL 7 8 Sections Amended: Subdivision Regulations§§5.1, 5.2, 5.3, 9 5.4, 5.5, 5.6, 5.7, 5.10,6.1, and 6.3 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH,VIRGINIA: 16 17 That Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, and 6.3 of the Subdivision 18 Regulations is hereby amended and reordained to read as follows: 19 20 APPENDIX B-SUBDIVISION REGULATIONS 21 22 23 24 REQUIRED IMPROVEMENTS 25 26 Sec. 5.1. Permanent monuments. 27 28 Permanent monuments of material, size and length as prescribed in the 29 spesifieation Public Works Design Standards 30 Manual, as approved by the council of the City of Virginia Beach, shall be placed at all 31 block corners and at the tangent points of curves connecting intersecting street lines; at 32 the points of curvature and tangency in curved street lines; at all corners in the exterior 33 boundary of the subdivision except those inaccessible due to topography; and at such 34 other points as may be designated by the director of public works. 35 36 37 38 Sec. 5.2. Streets and alleys. 39 City of Virginia Beach Agenda Items 7, 8 &9 Page 4 #8 Subdivision Regulations Ordinance Amendment 40 Streets and alleys shall be graded and surfaced in accordance with the 41lic works Public Works Design Standards 42 Manual,as approved by council of the City of Virginia Beach. 43 44 Sec.5.3. Street signs and traffic-control devices. 45 46 Street signs and traffic-control devices in accordance with the specifications-of 47 Public Works Design Standards Manual, as approved by 48 the council of the City of Virginia Beach, shall be erected at all street intersections. 49 50 Sec. 5.4. Street lights. 51 52 Street lights shall be provided and installed. 53 54 (a) Along arterial or collector streets; 55 56 (b) In all multiple family, hotel, commercial and industrial districts; 57 58 (c) In such other locations as are found by the department of public works to 59 require such lighting in the interests of safety and security for persons, 60 property or traffic. 61 62 Such lighting shall be provided and installed as set forth in the specifications-ef the 63 Public Works Design Standards Manual, as approved by the 64 council of the City of Virginia Beach. The recorder subdivider shall pay to the city all 65 costs involved in installation and all costs to be incurred during the first year of operation 66 following installation, upon receipt of a certified bill. 67 68 Sec. 5.5. Street and other drainage. 69 70 71 72 (a) [Curbs and gutters]. Curbs and gutters built 73 department-of-public-works in accordance with the Public Works Design 74 Standards Manual, as approved by the council of the City of Virginia 75 Beach shall be required, except as provided in subsection (c), on all 76 streets, except when It is determined by the director of planning or his 77 designee that existing soil or site conditions would make this requirement 78 impractical or where the use of best management practices is better 79 promoted otherwise, in which case a waiver or modification may be 80 authorized, provided, however, that any such waiver or modification shall 2 City of Virginia Beach Agenda Items 7, 8 &9 Page 5 #8 Subdivision Regulations Ordinance Amendment 81 be put into writing and include the reasons therefor and be made a part of 82 the permanent application record. 83 84 (b) Storm sewers and drainage. Where required by the director of public 85 works, underground storm sewers meeting—specifications of -the 86 department—of—public—works in accordance with the Public Works Design 87 Standards Manual, as approved by the council of the City of Virginia 88 Beach, shall be installed, except as provided in subsection(c)and, except 89 where such requirement is waived or modified under the provisions set 90 forth in Section 5.5(d). Elsewhere open drainage ways meeting 91 s of pubilo-wefks in accordance with the 92 Public Works Design Standards Manual, as approved by the council of the 93 City of Virginia Beach, shall be used. 94 95 96 97 Sec.5.6. Sidewalks. 98 99 Where constructed, sidewalks shall be in accordance with the specifications-and 100 standard works Public Works Design Standards Manual, as 101 approved by the council of the City of Virginia Beach and the standards established by 102 the Americans With Disabilities Act. 103 104 105 106 107 Sec. 5.7. Driveway entrances. 108 109 Driveway entrances shall be in accord with the 110 a -works Public Works Design Standards Manual, as approved by the council of 111 the City of Virginia Beach. 112 113 114 115 Sec. 5.10. Underground utilities. 116 117 (a) Except as provided below, transmission, distribution, and customer service 118 utility facilities carrying or used in connection with electric power, streetlights, telephone, 119 telegraph, cable television, petroleum, gas or steam, shall be placed below the surface 120 of the ground. Exceptions are as follows: 121 3 City of Virginia Beach Agenda Items 7, 8&9 Page 6 #8 Subdivision Regulations Ordinance Amendment 122 (1) Equipment such as electric distribution transformers, switchgear, meter 123 pedestals, telephone pedestals, meters, service connections and the like • 124 normally installed aboveground in accordance with accepted utility 125 practices for underground distribution. 126 127 (2) Temporary overhead facilities required for construction purposes. 128 129 (3) High tension transmission lines, fifty thousand (50,000)volts or more. 130 131 All installations shall be in accord with applicable codes and 132 the Public Works Design Standards Manual, as 133 approved by the council of the City of Virginia Beach and shall be in accordance with 134 charges as approved by the state corporation commission. 135 136 137 138 PLATS AND DATA 139 140 Sec. 6.1. Preliminary plats and data—Generally. 141 142 The preliminary plat shall be at a scale of not less than one inch equals one 143 hundred (100) feet and may be of one or more sheets as necessary. The plat shall 144 include or be accompanied by the following: 145 146 147 148 (c) Location and identification of existing features and improvements within he 149 tract, including streets, structures, water areas by type (including areas in 150 marsh or subject to frequent inundation), wooded areas, easements, 151 installed utilities and other important details. Information on soil and 152 subsoil conditions shall be provided in the form and manner indicated in 153 the-specifications of the d worms the Public Works 154 Design Standards Manual. Plats of tracts abutting on or containing natural 155 or artificial bodies of water shall show the approximate high water lines, 156 bulkhead and pier, head lines if officially established, and top of bank and 157 toe of slope. 158 159 . . . . 160 161 (j) Topographic map of a suitable scale and contour interval, as determined 4 City of Virginia Beach Agenda Items 7, 8 &9 Page 7 #8 Subdivision Regulations Ordinance Amendment 162 by the Planning Director city-engineer, where a grading and drainage plan 163 Is required by the spocif+sations-ef- e.departnIent-of-public--works Public 164 Works Design Standards Manual, as approved by the council of the Ctty of 165 Virginia Beach. Vertical control shall be based on North American Vertical 166 Datum(NAVD)of 1988. 167 168 169 170 Sec. 6.3. Final plats and data. 171 172 173 174 (f) A minimum of two (2) coordinate values must be shown on each sheet of 175 the plat, expressed in U.S. Survey Feet. No plat showing plus or minus 176 distance will be approved. Plan and profile sheets shall be provided on all 177 new streets and underground utilities, as required by spesificati©ns-oftbe 178 Public Works Design Standards Manual or 179 department of public utilities, as approved by the council of the City of 180 Virginia Beach. The director of public works or director of public utilities 181 may require such office and field checks, respectively, as necessary to 182 assure the accuracy of the plat. 183 184 Adopted by the Council of the City of Virginia Beach, Virginia,on the day of , 2020. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De artmerit rn City Attoey's ice CA15031 R-1 March 9,2020 5 City of Virginia Beach Agenda Items 7, 8 &9 Page 8 #9 Zoning Ordinance Amendment 1 AN ORDINANCE TO CONFORM SECTIONS 2 246, AND 1501 OF THE CITY ZONING 3 ORDINANCE (APPENDIX A) AND SECTION 4 6.2.6 OF THE OCEANFRONT RESORT 5 DISTRICT FORM-BASED CODE (APPENDIX 6 1) OF THE CITY ZONING ORDINANCE TO 7 THE PROVISIONS OF THE PUBLIC WORKS 8 DESIGN STANDARDS MANUAL 9 10 Sections Amended: City Zoning Ordinance §§ 246 and 11 1501 and Oceanfront Resort District 12 Form-Based Code§6.2.6 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH,VIRGINIA: 19 20 That Sections 246 and 1501 and 6.2.6 of Appendix 1 of the City Zoning 21 Ordinance is hereby amended and reordained to read as follows: 22 23 APPENDIX A-ZONING ORDINANCE 24 25 D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING 26 CENTERS 27 28 29 30 Sec. 246. Site design. 31 32 The following site design characteristics shall apply to retail establishments and 33 shopping centers which are subject to the provisions of this part: 34 35 36 (d) Pedestrian access: 37 38 (1) Sidewalks shall be located along public rights-of-way in accordance 39 with 40 standards the Public Works Design Standards Manual. City of Virginia Beach Agenda Items 7, 8 &9 Page 9 • #9 Zoning Ordinance Amendment 41 42 43 44 ARTICLE 15. RESORT TOURIST DISTRICTS 45 46 A. RT-1 RESORT TOURIST DISTRICT 47 48 49 50 Sec. 1501. Use regulations. 51 52 (a) The following chart lists those uses permitted within the RT-1 Resort 53 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as 54 indicated by a"C." Conditional uses shall be subject to the provisions of Part C of Article 55 2 (section 220 et seq.). No uses or structures other than those specified shall be 56 permitted. All uses, whether principal or conditional, should to the greatest extent 57 possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 58 59 60 Use RT-1 Temporary commercial parking lots, provided that adjacent to any public P right-of-way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Public-Works Specificatiene ac d Public Works Design Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in andaod—Standafds4AaRual Public Works Design Standards Manual shall be allowed. 61 62 63 64 APPENDIX 1 65 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 66 67 . . . . 68 69 6.2.6 Parking Design Standards 70 2 City of Virginia Beach Agenda Items 7, 8&9 Page 10 #9 Zoning Ordinance Amendment 71 . . . . 72 73 C. Specifications 74 75 All spaces shall comply with the spesifieations-ar4d standards-of Public-Works 76 Public Works Design Standards Manual._and where such specifications and 77 standards do not apply, parking surfaces shall be provided and maintained with 78 an all weather surface. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2020. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: e" Planning Departmerlt City tto ney's Office CA15030 R-2 March 19,2020 3 City of Virginia Beach Agenda Items 7, 8 &9 Page 11 Item #7 City of Virginia Beach An Ordinance to conform sections 1.2,5.1 and 5.16 of the Site Plan Ordinance(Appendix C)to the provisions of the Public Works Design Standards Manual May 27,2020 RECOMMEND FOR APPROVAL- CONSENT Ms. Coleman: The next order of business is the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred and there are no speaker signed up in opposition. Based on this morning's discussion, the following applications will be placed on the consent agenda. Items number 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23. Thank you, Bill. Mr. Landfair: Thank you. The next items on the consent agenda are items number 6, 7, 8 and 9. Item six is an ordinance to adopt and incorporate into the Virginia Beach Comprehensive Plan. The Virginia Beach sea level wise adaptation strategy and to amend sections 1.1, 1.2,2.2 and 2.3. Item seven is an ordinance to conform sections 1.2, 5.1 and 5.16 of the Site Plan Ordinates (Appendix C) to the provisions of the Public Works Design Standards Manual. Item eight is an ordinance to conform sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1 and 6.3 of the Subdivision Regulations (Appendix B) to the provisions of the Public Works Design Standards Manual. Item nine is an ordinance to conform sections 246 and 1501 of the City Zoning Ordinance and section 6.2.6 of the Ocean Resort District Form-Based code (Appendix C) to the provisions of the Public Works Design Standards Manual. Both staff and the Planning Commission recommend approval of these ordinance amendments and since there is no opposition to these requests, the Planning Commission places them on the consent agenda. The next items on the consent agenda are for Short Term Rentals.The Planning Commission places the following applications for a conditional use permit for Short Term Rental on the consent agenda. These applications meet the applicable requirements for Section 241.2 of the zoning ordinance. Staff supports the applications and there are no speakers signed up to comment. Therefore items 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been placed on the consent agenda. Madam Chair, that concludes the consent agenda. Are there any questions from the planning? Thank you Madam Chair, staff does not see any further questions of the Commission. So I opened the mic for you to call for a motion. Ms. Oliver: Thank you. Do I have a motion? Mr. Landfair: Staff acknowledges the virtual hand raised by Commissioner Inman. Please pause for three seconds before making your motion verbally. 1 Mr. Inman: I move forward for the consent agenda items. Also want to disclose by membership of the Virginia Beach Advisory Board of Townebank and have a letter on file as to my status as a member of that advisory, or we do not approve loans make those sorts of decisions and under the conflicts requirements. I am able to vote and will vote. Mr. Landfair: Thank you. Staff acknowledges the virtual hand raised by Commissioner Weiner as a potential second. Mr. Weiner: I also move, I need to abstain from items one and two at the Southwest Corner of Princess Anne Road in South Independence Boulevard the applicant is a client of mine. Mr. Landfair: Commissioner Weiner, have you seconded the motion? Mr. Weiner: Yes, I have, I second. Mr. Landfair: Hearing a second a motion to approve the following applications agenda items 1, 2, 3,4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18,22 and 23 by consent has been made by Commissioner Inman and seconded by Commissioner Weiner. Are any Planning Commissioners abstaining from the vote? Staff notes that Commissioner David Wiener's hand is raised and will be abstaining. Commissioner Wiener the floor is yours. . Mr. Weiner: Yes, I need to abstain on items one and two Southwest Corner of Princess Anne Road in South Independence Boulevard, the applicant is a client of mine. Mr. Landfair: Staff notes that Commissioner Graham's hand is raised and will be abstaining. Commissioner Graham, the floor is yours. Please provide an explanation for your abstention and pause for three seconds before speaking. Thank you. Mr. Graham: Mr. Landfair, I will not be abstaining,but I do need to disclose that I am on a board at Townebank, who is the lender on item number 22 that I will be voting today. I do not have a financial interest. Mr. Landfair: Staff notes that Commissioner Inman's hand is raised and will be abstaining. Commissioner Inman,the floor is yours. Mr. Inman: I will not be abstaining. Sorry, but I wanted to clarify that this item 22, as mentioned by Mr. Graham that mentions Townebank or actually Townebank mortgage as a lender that is causing me to have to make that disclosure, but I am voting. Ms. Landfair: See, no more hands raised the vote is now open and staff will call each Commissioner individually. If you are in favor of the motion say, yes. If you are 2 opposed say, no. Please pause three seconds after your name is called before speaking. Mr. Alcaraz. Mr. Alcaraz: Yes, thank you. Ms. Landfair: Mr. Coston. Mr. Coston: Yes. Mr. Landfair: Mr. Graham. Mr. Graham: Yes. Mr. Landfair: Mr. Horsley. Ms. Horsley: Yes. Mr. Landfair: Mr. Inman. Mr. Inman. Mr. Inman: Yes. Mr. Landfair: Ms. Oliver. Ms. Oliver: Yes. Mr. Landfair: Mr. Redmond. Mr. Redmond:Yes. Mr. Landfair: Mr. Wall. Mr. Wall: Yes. Mr. Landfair: Mr. Weiner. Mr. Weiner: Yes. Mr. Landfair: Marchelle Coleman will announce the vote result. Ms. Coleman: By recorded vote of nine, four and zero against with one abstention vote on items one and two by Commissioner Weiner. The following items 1, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18, 22 and 23 have been approved by consent, Bill. 3 AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley AYE Inman AYE Klein ABSENT Oliver AYE Redmond AYE Wall AYE Weiner AYE 4 J. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION AUDIT COMMITTEE BAYFRONT ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW&ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARIES BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH TOWING ADVISORY BOARD WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to pmcgraw@a,vbgov.com or call 385-4303. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/09/2020 PAGE: I B AGENDA It ITEM# SUBJECT MOTION VOTE A L 11 W W B U E J R T I 0 BCDNOMOO L W 0 O C Y L NOUWS O T THE EES S E O O E T I R Y SSE RNDN 1. CITY MANAGER'S BRIEFINGS A. COVID-19 UPDATE Dr.Demetria Lindsay, Director—Virginia Beach Health Department Erin Sutton,Director —Office of Emergency Management B. PUBLIC SAFETY UPDATE Steve Cover—Deputy City Manager Interim Chief Anthony Zucaro,Jr.— Police Department C. HRT AMENDMENT TO COST Brian Solis,Assistant ALLOCATION AGREEMENT' to the City Manager for Special Projects D. FINANCIAL UPDATE Alice Kelly,Director —Finance E. AVINGRID/KITTY HAWK,LLC Bobby Wheeler, Operations Support Administrator— Public Works F. PENDING PLANNING ITEMS William Landfair, Planning Evaluation Coordinator Kevin Kemp,Zoning Administrator III. 10-I Y Y Y YYN Y YYYY A. CERTIFICATION OF CLOSED SESSION CERTIFIED C.I. Resolution to REFER to the Planning ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commission four(4)Ordinances to AMEND CONSENT the City Zoning Ordinance(CZO)pertaining to short term rentals: a. Section 104 re allow civil penalties for the violation of Section 241.2 b. Section 241.2 re revocation of grandfather status and City Council findings c. Section 1903 re permitted uses in the Old Beach Overlay District d. Transition rules for the review of Conditional Use Permits in the Old Beach Overlay District D.I. ELIZABETII ANNE GREGORY fora APPROVED/ 8-3 Y Y YNNN Y YYYY Conditional Use Permit re short term rental at CONDITIONED,BY 635 South Atlantic Avenue DISTRICT 6— CONSENT BEACI-I(Deferred from February 4,2020) D.2. DONALD ROBERTSON for a Conditional APPROVED/ 8-3 Y Y YNNN Y YYYY Use Permit re short term rental at 417 16"' CONDITIONED,BY Street DISTRICT 6—BEACH CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/09/2020 PAGE: 2 AGENDA ITEM# SUBJECT MOTION VOTE A L I W W B U E J R T 1 0 B C I> N OMO 0 L W 0 0 C V L N 0 U W S 0 T T H I E E S S E O O E T I R Y S S E RNDN D.3. MARTIN PLAISTED/VB GETAWAY APPROVED/ 8-3 Y 1 1 N N N Y 1 Y Y 1 PROPERTIES,LLC for a Conditional Use CONDITIONED,BY Permit re short term rental at 1738 Baltic CONSENT Avenue DISTRICT 6—BEACH I)4. MARTIN PLAISTED/ARCTIC APPROVED/ 8-3 1 1 1 N N' N 1 1 1 1 1 TRIDENT,LLC for a Conditional Use Permit CONDITIONED,BY re short term rental at 338 25 V2 Street CONSENT DISTRICT 6—BEACH D.5. HANGER HOLDINGS,LLC for a APPROVED/ 8-3 1 1 1 N N N 1 1 1 1 Conditional Use Permit re short term rental at CONDITIONED,BY 207 12d Street,Units 1,2,3,4 DISTRICT 6— CONSENT BEACH D.6. MARY ANN COX fora Conditional Use APPROVED/ s-3 1 Y 1 N N N 1 1 Y Y 1 Permit re short term rental at 905 D Pacific CONDITIONED,BY Avenue DISTRICT 6—BEACH CONSENT D.7. STEVE GOREHAM for a Conditional Use APPROVED/ 8-> 1 1 1 N N N 1 Y 1 Y Y Permit re short term rental at 325 25'Street CONDITIONED,BY DISTRICT 6—BEACH CONSENT D.8. RICHARD FLEMING for a Conditional Use APPROVED/ 8-; 1' 1 1 N N N 1 Y Y Y Y Permit re short term rental at 2937 Arctic CONDITIONED,BY Avenue DISTRICT 6—BEACH CONSENT D.9. JUSTYCE SWANGO/JAAG DENIED 3-7 1' N N N N N 1 1 N N 1 INVESTMENTS,INC. for a Conditional Use Fermi(re short term rental at 521 Carolina Avenue DISTRICT 6—BEACH D.10. KEVIN D.BRYAN fora Conditional Use APPROVED/ 8-3 1 1 1 N N N Y Y Y Y 1 Permit re short term rental at 209 South CONDITIONED,BY Birdneck Road DISTRICT 6—BEACH CONSENT D.I I. JOSHUA J.COE,TRUSTEE/JOSHUA& APPROVED/ 6-4 Y Y 1 N N N Y Y Y N n KIMBERLY COE JOINT REVOCABLE CONDITIONED T LIVING TRUST for a Conditional Use Permit A re short term rental at 407 I8t Street,Unit D N DISTRICT 6—BEACH 0 D.12. CHRISTOPHER TAING/THENG APPROVED/ 8-3 1 1 1' N N N 1 1' Y 1 1 TAING for Conditional Use Permits re CONDITIONED,BY short term rentals at: CONSENT a. 417 20i°Street b. 421 20d'Street,Units Al&B2 DISTRICT 6—BEACH D.13. SHIPLAP COTTAGE—THE COVE,LLC/ APPROVED/ 8-t 1 1' 1 N N N 1' 1 1 1 1 RITAMARIE SEARLES for a Conditional CONDITIONED,BY Use Permit re short term rental at 201 87'" CONSENT Street,Unit A DISTRICT 5—LYNNHAVEN D.I4. JACKIE YOST for a Conditional Use Permit APPROVED/ s-3 1 1 1 N N N Y Y 1' 1' 1' re short term rental at 301 Winston Salem CONDITIONED,BY Avenue DISTRICT 6—BEACH CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/09/2020 PAGE: 3 B E AGENDA R ITEM# SUBJECT MOTION VOTE A L H W W 13 U E J R T I 0 B CDN O M O O L W O O C Y L NOUWS O T T HEE ES S E O O E T I R YSSERNDN D.15. SUSAN E.MARKI.EY/SUSAN E. APPROVED/ 9-2 Y Y Y N N Y Y Y Y Y Y MARKEY&LOUIS E.CORMAN for a CONDITIONED,AS Conditional Use Permit re short term rental at AMENDED 629 14i6 Street DISTRICT 6—BEACH IV. ADJOURNMENT 7:12 P.M.