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JUNE 17, 2014 MINUTESCITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D.MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At Large JAMES L. WOOD, Lvnnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR -- JERALD D. BANAGAN CITY AUDITOR - L YNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 17 June 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING - Conference Room - 1. HISTORIC PRESERVATION COMMISSION — Annual Report Bernice Pope, Chair II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL RECESS TO CLOSED SESSION 5:00 PM 5:30 PM . FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend H. Leroy Siebert, Pastor Community United Methodist Church C. PLEDGE OF ALLEGIANCE D. ROLL CALL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS June 3, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION OF RECOGNITION Mary Kay Horoszewski 2. PROCLAMATION — Parks and Recreation Month Michael Kalvort - Director I. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §§2-459 and 2-461 re addition of student members and annual reports for the Human Rights Commission b. Resolution to GRANT an exemption to City Code §7-59.1 to allow MARKLIN MCGUIRE to operate a moped on Atlantic Avenue during Resort season re pizza delivery c. §4-1 re definition of SPECIAL EVENTS for Agritoursim activities 2. Ordinance to AMEND §4 of the ARP Ordinance to allow Agritourism activities 3. Ordinance to AUTHORIZE the Second Modification to the Town Center Phase V Development Agreement re realignment of the parking garage to accommodate a larger retail space 4. Ordinance to EXEMPT local Real and Personal Property taxes in behalf of the Military Aviation Museum 5. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. JOAN R. DAVIS re an existing drainage easement on North Bay at 361 Back Bay Crescent DISTRICT 7- PRINCESS ANNE b. THE BREAKERS II CONDOMINIUM ASSOCIATION, INC. re a portion of a building and HVAC unit at Red Tide Road DISTRICT 5 — LYNNHAVEN 6. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as Bass Inlet -East in Sandbridge Shores: DISTRICT 7- PRINCESS ANNE a. DAVID L. and BONNIE A. MERRITT at 2805 Sandpiper Road b. DEBORAH M. COSTELLO at 301 Tuna Lane 7. Ordinance to APPOINT three (3) Viewers for one-year terms from July 1, 2014, to assess street closure proposals 8. Ordinances re City Appointee Compensation for FY 2014-15: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor 9. Ordinance to TRANSFER $566,122 within the Sheriffs Budget re inmate medical contract 10. Ordinance to ACCEPT and APPROPRIATE a $6,000 donation from the Virginia Beach Little League, Inc. re ADA compliance improvements in Ocean Lakes Community Park (DISTRICT 7- PRINCESS ANNE) J. PLANNING 1. Application of CARMAX AUTO SUPERSTORES, INC. for Modification of Conditions of a Conditional Use Permit (approved March 25, 2003) re car storage at 3801 and 3789 Bonney Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 2. Application of MICHAEL D. SIFEN and GEORGE STREET CORP. for a Conditional Use Permit re indoor Self -Storage at 3443 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 3. Application of HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a Communication Tower at 5332 Shore Drive DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 4. Application of ROBERT JEFFERY MOREAU for a Conditional Use Permit re firearm sales and repair at 1405 Ships Landing DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 5. Application of SUZETTE CIVIL -NOEL for a Conditional Use Permit re a Daycare at 1941 Glen View Court DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 6. Application of RODNEY PRICE/AEGEAN ASSOCIATES for a Conditional Use Permit re truck and trailer rentals at 4720B Princess Anne Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 7. Application of MID -ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC for a Conditional Use Permit re fuel sales and a convenience store at 720 Independence Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 8. Application of LARAE TUCKER and THE HAYGOOD BEACH, LLC/PHILIP RICHARDSON for a Conditional Use Permit re fuel sales and a convenience store at 4904 Haygood Road DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 9. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural District to Conditional PD -H2 Planned Unit Development District at 2800 to 2900 Princess Anne Road (Deferred April 8, 2014) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: INDEFINITE DEFERRAL 10. Applications of VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC/City of Virginia Beach in Princess Anne Commons: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community Business District and AG -1 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re a Baseball Stadium b. Conditional Use Permit re a Baseball and Softball Tournament Complex RECOMMENDATION: APPROVAL 11. Applications of SANDBRIDGE TOWING, INC/EDDIE LEE COOPER and LINDA A. ACKISS at Princess Anne Lane and Princess Anne Road: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit re a towing service and storage yard RECOMMENDATION: APPROVAL 12. Applications of NEW CINGULAR WIRELESS PCS, LLC/CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road: DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning from Conditional PD -H2 Planned Development District to Conditional P-1 Preservation District. b. Conditional Use Permit re a communication tower (deferred April 22, 2014) RECOMMENDATION: APPROVAL 13. Application of KEMPDEL, INC. — SHURNEY LANE for a Change of Zoning from Conditional PD -H2 District to P-1 Preservation District re open space for a condominium at 881 Shurney Lane. DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 14. Applications of CITY OF VIRGINIA BEACH: a. AMEND §§1803 and 1804 of the City Zoning Ordinance (CZO) re Special Regulations for Discretionary Development Applications for Residential Uses in the Oceanfront Resort District b. AMEND §§400 and 401 of the City Zoning Ordinance (CZO) re the Purpose of the Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and Agricultural -Related Products, and to REPEAL §241 re Riding Academies and Horses for Hire or Boarding c. AMEND the City Zoning Ordinance (CZO) re Oceanfront Resort District Height Map by changing the height zone at 1609 and 1701 Atlantic Avenue. d. Street Closure re a portion of former Oakmears Crescent now part of relocated Princess Anne Road e. Street Closure re unimproved right-of-way of Oakmears Crescent RECOMMENDATION: APPROVAL K. APPOINTMENTS DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COG WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY COALITION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6/17/14 st ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT Monday, September 8, 2014 Economic Development Office Suite 700 4525 Main Street (Corner of Columbus & Main Streets) Town Center I I I CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM 2014 CITY HOLIDAYS Independence Day - Friday,„Thly, 4 Labor Day - Monday, September 1 I''eterans Day - Tuesday, November 11 :Thanksgiving Day and Day after :Thanksgiving — Thursday, November 27 and Friday, November 28 Christmas Eve (half-daj) - Wednesday, December 24 Christmas Day - Thursday, December 25 !II -1- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 17, 2014 Mayor William D. Sessoms, Jr., called to order City Council's Informal Session, in the City Council Conference Room, Tuesday, June 17, 2014, at 5:00 P.M. Council Members Present. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None June 17, 2014 -2 - CITY COUNCIL'S BRIEFING HISTORIC PRESERVATION COMMISSION ITEM #63890 5:00 P.M. Mayor Sessoms introduced and welcomed Bernice Pope, Chair — Historic Preservation Commission. Ms. Pope, on behalf of the Commission, expressed appreciation to City Council, Mr. Spore and the entire Staff for their support of the Historic Preservation Commission. Ms. Pope recognized members in attendance: Katie Yester, Sharon Felton and Les Watson: Historic Preservation Progress. Report to City Council June 17, 2014 Virginia Beach Historic Preservation Commission Chair: Bernice Pope Vice Chair: Gerald Cox, Secretary: Sharon Felton, Treasurer: Henry Pearson Members: Dr. Glenn Carwell, Harriet Frenzel, Bill Gambrel', Diane Horsley. Lee Lockamy, Patrick McAtamney. Mac Rawls, Rebecca Popp (student). Anne Ferrell Tata. Les Watson, Katie Yester Ms. Pope provided a summary of the Commission's activities with a large portion of 2013 dedicated to Cavalier Task Force: June 17, 2014 Commission Activities • Cavalier Task Force • Kempsville Committee • ' Kellam High School Archaeology Project • Certified Local Government Application • Historic Properties Inventory • Princess Anne Courthouse Historic District PIF • Annual Public Meeting • Annual Holiday Historic Homes Tour June 17, 2014 III -3- CITY COUNCIL'S BRIEFING HISTORIC PRESERVATION COMMISSION ITEM #63890(Continued) Again, a majority of 2013 was dedicated to Cavalier Task Force. This project received significant community and City Staff involvement: The City had three (3) properties added to the State and National Registers: Cavalier Task Force • Mayor Sessoms supported idea of Preservation Commission forming Task Force • Sought members from the Community who had understanding of Development and Hotels - Billy Almond, Tuck Bowie, Scott Cutchin, Doug Ellis, Andrew Fine, Tim Stiffler • Significant city staff involvement — Steve Herbert, Stephen White, Dana Harmeyer, Scott Hall, Mark Reed • Determined achieving and maintaining National Register status for the property was a primary goal • Assisted in development of Incentive Package offered by City Council that helped to preserve the Cavalier • Going Forward the Commission needs better communication with the Developer and assurances that application for and use of tax credits will provide highest level of restoration' The City had three (3) properties added to the State and National Registers: June 17, 2014 Historic Registers Additions to State and National Registers • Briarwood • Green Hill • Cavalier Hotel Re -activation of Virginia Beach Historical Register • Calverton • Old Kempsville High School • First Police & Fire Station — 24th Street Printed Promotional Brochure June 17, 2014 -4 - CITY COUNCIL'S BRIEFING HISTORIC PRESERVATION COMMISSION ITEM #63890(Continued) Virginia Landmarks Register and National Register of Historic Places Two (2) applicants were granted Partial Tax Exemption: Partial Tax Exemption Program First two applicant properties • Calverton • Old Kempsville High School June 17, 2014 -5- CITY COUNCIL'S BRIEFING HISTORIC PRESERVATION COMMISSION ITEM #63890(Continued) Partial Tax Exemption Properties Old Kempsville High School The Local Historic Marker Program will help recognize diversity of City's history: June 17, 2014 Local Historic Marker Program • Allowed by Code of Virginia • Referred to Historic Preservation Commission by City Manager • Will help us recognize Diversity of City's history including Native American and African American • Will make City's history more Visible and Tangible for residents and visitors • One of Top 5 Issues in April 2014 Public Meeting June 17, 2014 -6 - CITY COUNCIL'S BRIEFING HISTORIC PRESERVATION COMMISSION ITEM #63890(Continued) During the Budget Process, Ms. Felton requested an additional $10,000 to match the Research Grant Program: The Certified Local Government Application will be submitted in 2014 which will allow the City to be eligible to apply for grant funds: Certified Local Government Research Grant Program • Represents City's commitment to a structured approach to Historic Preservation • Council approved ordinance change in 2013 • Staff from Museums and Planning working on finalizing details • Application will be submitted in 2014 • Will make City eligible for grant funds • $10,000 City Appropriation in FY 15 for pilot program — Thank You • Designed to help increase interest in Virginia Beach history among local students • One of Top 5 Issues in Apri12014 Public Meeting • Will dovetail with Historic Marker Program • Will help us fill in the many gaps of knowledge about our local history The Certified Local Government Application will be submitted in 2014 which will allow the City to be eligible to apply for grant funds: June 17, 2014 Certified Local Government • Represents City's commitment to a structured approach to Historic Preservation • Council approved ordinance change in 2013 • Staff from Museums and Planning working on finalizing details • Application will be submitted in 2014 • Will make City eligible for grant funds June 17, 2014 -7- CITY COUNCIL'S BRIEFING HISTORIC PRESERVATION COMMISSION ITEM #63890(Continued) Below is an overview of Cape Henry Historic Site: Cape Henry Historic Site June 17, 2014 Cape Henry Historic Site • One of the most historic sites in Virginia Beach and U.S. • "First Landing" of Jamestown Settlers 1 607 • Site of First Landing Cross • Decisive Naval "Battle off the Capes" 1781 • Cape Henry Lighthouse constructed 1792 — a National Historic Landmark • 2nd Cape Henry Lighthouse constructed 1881 - on National Register of Historic Places • Historic early 20t -century Railroad Station • Early 20th- century Resort settlement • Historic Military Installation Cape Henry Historic Site June 17, 2014 -8 - CITY COUNCIL'S BRIEFING HISTORIC PRESERVATION COMMISSION ITEM #63890(Continued) Below is a list of the stakeholders of Cape Henry Historic Site: Cape Henry Historic Site Numerous Primary Stakeholders • U.S. Military — Army and Navy • National Park Service • U.S. Coast Guard • Preservation Virginia (APVA) • City of Virginia Beach • Two of Top 5 Issues in April 2014 Public Meeting Below is an overview of improvements that are needed at the Cape Henry Historic Site: Cape Henry Historic Site Things to Improve • Public Accessibility • Presentation of Historic Area • Open 211d Lighthouse to Public • Restore Railroad Station • Make it Worthy of its Place in History June 17, 2014 -9 - CITY COUNCIL'S BRIEFING HISTORIC PRESERVATION COMMISSION ITEM #63890(Continued) Below is an overview of the Commission's Role: Mayor Sessoms expressed his appreciation, on behalf of City Council, and the entire City, for the Commission 's work. June 17, 2014 Commission's Role --- Advisory/Research/Watchdog Advisory/Research/Watchdog • Relocation of Hickman House • Lynnhaven River Inlet Bridge Name o Adain Thoroughgood Bridge • Nansemond Indian Reservation • Inventory of Historic Architectural Resources • Cavalier Hotel Tax Credits • Cavalier Shores Sidewalk • Lynnhaven Road Grocery Store • City Owned Historic Buildings o -.Louisa Avenue o First Telephone Building — 22vd Street Mayor Sessoms expressed his appreciation, on behalf of City Council, and the entire City, for the Commission 's work. June 17, 2014 -10 - CITY COUNCIL'S BRIEFING IMPACTS OF THE STATE BUDGET 5:20 P.M. ITEM #63891 Mayor Sessoms introduced and welcomed Catheryn Whitesell, Director — Management Ser vices. Ms. Whitesell advised the General Assembly passed the State Budget; however, the Governor has yet to sign: The Governor has not yet signed the Budget as passed by the General Assembly June 17, 2014 -11 - CITY COUNCIL'S BRIEFING IMPACTS OF THE STATE BUDGET ITEM #63891(Continued) The most significant adjustment is in BRAC funding. The City is slated to receive only $2.1 -MILLION: epar ent F`ds Sheriff's Office Commonwealth's: Attorney C € ri sinzei the fta. ea.;c C to ea urer >=43.1 million Dept. of Education $18." million Comp. Board Corrections 82.0 million Comp. Board $8 $0,00tt Contr. Board 70 008 Coup Board ''11 Comp. Coop. €1-rrd 078 ,nct 80 Health Futil ic. EC 'CS BRAC Funding General Find+ug-t'i'7R,x General hunting - fitn). 7-I.4.2 million S4 ;'million $20 mnlimi $1 7 million - 82.9 million 747.; txrilion hI 0.9 million Once the Governor signs the Budget, Management Services will bring forward an Ordinance to lower the State Revenue and the City's match in BRAC funding: Bringa ordinance to City Council 1O to r the State revenue and. the City's at in the BRAC project. d e project in FY 2015 on 59 8 o 0 2*Ilion Mayor Sessoms thanked Ms. Whitesell and her Team for their continued hard work. June 17, 2014 -12 - CITY COUNCIL COMMENTS 5:26P.M. ITEM #63892 Mr. Uhrin mentioned, at the last City Council meeting, he wanted to present a power point highlighting the First Annual Wounded Warrior Week, held in conjunction with the Patriotic Festival. The event was held May 26 — June 1, 2014, and it was well received by everyone involved: Below is a list of activities held during Wounded Warrior Week: WOUNDED WARRIOR WEEK Activities: • Warrior Week Opening Reception- Cavalier Beach Club • Ride 2 Recovery • US Sailing Boot Camp • Hearts for Heroes Fishing • Equi -Vets Horsemanship • Jumping for a Purpose • Two Top Adaptive Sports Water Skiing • Heroes on the Water Kayaking • Wave Warriors • Patriotic Festival Concert Military Expo Village June 17, 2014 -13 - CITY COUNCIL COMMENTS ITEM #63892 (Continued) The Inaugural Opening Reception was held at the Cavalier Beach Club with many of the area's top Admirals in attendance plus over 100 Wounded Warriors and their families: INAUGURAL WARRIOR WEEK OPENING RECEPTION Cavalier Beach Club • John Uhrin, Virginia Beach City Council • USO Leadership • VA Gentleman Entertainment: • USO Show Troupe 3 Over 200 participants in the "Ride 2 Recover)," from Arlington to Virginia Beach: Arlington, VA to Virginia Beach, VA June 17, 2014 -14 - CITY COUNCIL COMMENTS ITEM #63892(Continued) "Hearts for Heroes Coastal Fishing" had over 125 participants go deep sea fishing:: 18 participants in the "Equi -Vets Horsemanship" spent some time horseback riding: June 17, 2014 -15 - CITY COUNCIL COMMENTS ITEM #63892(Continued) "Jumping for a Purpose" was held in Suffolk with tandem and regular Skydiving. Three of the participating Wounded Warriors actually landed on the Ocean Front during the Patriotic Festival Participants: 75 (including stage lump( A video was played of Special Forces Soldier parachuting with the American Flag and landing at the Ocean Front: June 17, 2014 -16- CITY COUNCIL COMMENTS ITEM #63892(Continued) Admiral Gortney volunteered his time and boat to take 26 participants water skiing for the day: TWO TOP ADAPTIVE SPORTS WATER SKIING The Wave Warrior Surf Camp hosted 60 participants: WAVE WARRIORS SALT WATER TREATMENT SURF CAMP June 17, 2014 -17 - CITY COUNCIL COMMENTS ITEM #63892(Continued) The USO provided the Wounded Warriors and their families with VIP access right next to the stage: The Military Expo Village was set up on 31st Street in front of the Neptune Statue: June 17, 2014 -18 - CITY COUNCIL COMMENTS ITEM #63892 (Continued) A video was played showing the arrival of the Landing Craft Air Cushion: MILITARY EXPO VILLAGE Landing Craft Air Cushion (LCAC) Arrival Councilman Uhrin expressed his appreciation to the City of Virginia Beach 'in less than one years ' time' for making this event something to be proud of. Councilman Uhrin is looking forward to next year's event. Mike Eason deserves a tremendous amount of credit for the success of this event. Mayor Sessoms thanked Councilman Uhrin and Mike Eason for their leadership in this event and is confident it will continue to grow. June 17, 2014 -19 - CITY COUNCIL COMMENTS ITEM #63893 Council Lady Kane advised she and Councilman Dyer attended the Minority Business Council's Retreat this past Saturday. The event was well attended and the City is definitely moving forward in a positive direction to diverse the City's economy. Councilman Dyer echoed Council Lady Kane and expressed appreciation to the City for the support. June 17, 2014 -20 - CITY COUNCIL COMMENTS ITEM #63894 Councilman Wood advised two (2) members of the Human Rights Commission was recently recognized by the Commonwealth. Councilman Dyer stated Raj Islam and Teresa Stanley were recently recognized for creating a group that built some significant "community bridges" within the religious community. Regent University agreed to host an event in the Fall with different religious groups in an effort to continue bringing everyone together June 17, 2014 -21 - CITY COUNCIL COMMENTS ITEM #63895 Council Lady Ross -Hammond presented a letter, on behalf of Mayor Sessoms, welcoming The University of Santo Tomas Singers to Virginia Beach. June 17, 2014 -22 - CITY COUNCIL COMMENTS ITEM #63896 Council Lady Ross -Hammond recognized the Fairfield Civic League and Matt Maxwell for working with the community to understand Homelessness better. June 17, 2014 -23 - CITY COUNCIL COMMENTS ITEM #63897 Council Lady Ross -Hammond recently spoke to Boy Scout Troop 362 at the Community United Methodist Church about community engagement. Council Lady Ross -Hammond was impressed by their enthusiasm and knowledge about City Government. June 17, 2014 -24 - CITY COUNCIL COMMENTS ITEM #63898 Council Lady Ross -Hammond attended the National Alliance for Mental Illness with over 100 other community members. June 17, 2014 -25 - CITY COUNCIL COMMENTS ITEM #63899 Councilman Moss requested a copy of the last mark-up" of the Transportation Bill. June 17, 2014 -26 - CITY COUNCIL COMMENTS ITEM #63900 Councilman Moss requested a Briefing regarding bicycle advertisement and what it would take to give non -motorized vehicles the same treatment as motorized vehicles. Mayor Sessoms advised he is providing a written response to Mr. Tyler Jordan. June 17, 2014 -27 - CITY COUNCIL COMMENTS ITEM #63901 Councilman Martin advised he and Councilman Dyer are Liaisons to the Process Improvement Steering Committee and they had a great meeting last week with the folks working on removing the barriers from small businesses. There are seven (7) major business groups involved and everyone is looking forward to helping make the City a "business friendly" place. June 17, 2014 -28 - AGENDA REVIEW SESSION 5:40 P.M. ITEM #63902 BY CONSENSUS, the following shall compose the CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § §2-459 and 2-461 re addition of student members and annual reports for the Human Rights Commission b. Resolution to GRANT an exemption to City Code §7-59.1 to allow MARKLIN MCGUIRE to operate a moped on Atlantic Avenue during the Resort Season re pizza delivery c. §4-1 re definition of SPECIAL EVENTS for Agritoursim activities 2. Ordinance to AMEND §4 of the ARP Ordinance to allow Agritourism activities 3. Ordinance to AUTHORIZE the Second Modification to the Town Center Phase V Development Agreement re realignment of the parking garage to accommodate a larger retail space 4. Ordinance to EXEMPT local Real and Personal Property taxes in behalf of the Military Aviation Museum 5. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. JOAN R. DAVIS re an existing drainage easement on North Bay at 361 Back Bay Crescent DISTRICT 7- PRINCESS ANNE b. THE BREAKERS II CONDOMINIUM ASSOCIATION, INC. re a portion of a building and HVAC unit at Red Tide Road DISTRICT 5 — LYNNHAVEN 6. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as Bass Inlet -East in Sandbridge Shores: DISTRICT 7- PRINCESS ANNE a. DAVID L. and BONNIE A. MERRITT at 2805 Sandpiper Road b. DEBORAH M. COSTELLO at 301 Tuna Lane 7. Ordinance to APPOINT three (3) Viewers for one-year terms from July 1, 2014, to assess street closure proposals 8. Ordinances re City Appointee Compensation for FY 2014-15: a. City Manager b. City Attorney c. City Clerk d. City Real Estate Assessor e. City Auditor June 17, 2014 -29- A GENDA REVIEW SESSION ITEM #63902(Continued) 9. Ordinance to TRANSFER $566,122 within the Sheriff's Budget re inmate medical contract 10. Ordinance to ACCEPT and APPROPRIATE a $6,000 donation from the Virginia Beach Little League, Inc. re ADA compliance improvements in Ocean Lakes Community Park (DISTRICT 7- PRINCESS ANNE) Council Lady Henley DISCLOSED re ITEM #.1c and 2 (AGRITOURISM) she has ownership interest and operates a farm stand with related activities in the City's Agricultural District; however, the City Attorney advised it is not necessary for her to ABSTAIN from participating in this consideration and voting on this item. ITEM #4 WILL BE CONSIDERED SEPARATELY COUNCILMAN MARTIN WILL ABSTAIN ON ITEM #4 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#8a and 8d June 17, 2014 -30 - AGENDA REVIEW SESSION ITEM #63902 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. PLANNING 1. Application of CARMAX AUTO SUPERSTORES, INC. for Modification of Conditions of a Conditional Use Permit (approved March 25, 2003) re car storage at 3801 and 3789 Bonney Road DISTRICT 5 — LYNNHAVEN 2. Application of MICHAEL D. SIFEN and GEORGE STREET CORP. for a Conditional Use Permit re indoor Self -Storage at 3443 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN 3. Application of HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a Communication Tower at 5332 Shore Drive DISTRICT 4 — BAYSIDE 4. Application of ROBERT JEFFERY MOREAU for a Conditional Use Permit re firearm sales and repair at 1405 Ships Landing DISTRICT 1 — CENTERVILLE 5. Application of SUZETTE CIVIL -NOEL for a Conditional Use Permit re a Daycare at 1941 Glen View Court DISTRICT 1 — CENTERVILLE 6. Application of RODNEY PRICE/AEGEAN ASSOCIATES for a Conditional Use Permit re truck and trailer rentals at 4720B Princess Anne Road DISTRICT 2 - KEMPSVILLE 7. Application ofMID-ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC for a Conditional Use Permit re fuel sales and a convenience store at 720 Independence Boulevard DISTRICT 4 — BAYSIDE 8. Application of LARAE TUCKER and THE HAYGOOD BEACH, LLC/PHILIP RICHARDSON for a Conditional Use Permit re fuel sales and a convenience store at 4904 Haygood Road DISTRICT 4 — BAYSIDE 9. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural District to Conditional PD -H2 Planned Unit Development District at 2800 to 2900 Princess Anne Road (Deferred April 8, 2014) DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: INDEFINITE DEFERRAL 10. Applications of VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC/City of Virginia Beach in Princess Anne Commons: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community Business District and AG -1 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re a Baseball Stadium b. Conditional Use Permit re a Baseball and Softball Tournament Complex June 17, 2014 -31 - AGENDA REVIEW SESSION ITEM #63902(Continued) 11. Applications of SANDBRIDGE TOWING, INC/EDDIE LEE COOPER and LINDA A. ACKISS at Princess Anne Lane and Princess Anne Road: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit re a towing service and storage yard 12. Applications of NEW CINGULAR WIRELESS PCS, LLC/CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road: DISTRICT 4 — BAYSIDE a. Conditional Change of Zoning from Conditional PD -H2 Planned Development District to Conditional P-1 Preservation District b. Conditional Use Permit re a communication tower (deferred April 22, 2014) 13. Application of KEMPDEL, INC. — SHURNEY LANE for a Change of Zoning from Conditional PD -H2 District to P-1 Preservation District re open space for a condominium at 881 Shurney Lane DISTRICT 4 — BAYSIDE 14. Applications of CITY OF VIRGINIA BEACH: a. AMEND §§1803 and 1804 of the City Zoning Ordinance (CZO) re Special Regulations for Discretionary Development Applications for Residential Uses in the Oceanfront Resort District b. AMEND §§400 and 401 of the City Zoning Ordinance (CZO) re the Purpose of the Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and Agricultural -Related Products, and to REPEAL §241 re Riding Academies and Horses for Hire or Boarding c. AMEND the City Zoning Ordinance (CZO) re Oceanfront Resort District Height Map by changing the height zone at 1609 and 1701 Atlantic Avenue. d. Street Closure re a portion of former Oakmears Crescent now part of relocated Princess Anne Road e. Street Closure re unimproved right-of-way of Oakmears Crescent COUNCILMAN MARTIN WILL ABSTAIN ON ITEM#2 ITEM #9 WILL BE DEFERRED INDEFINATELY ITEM #11 WILL BE CONSIDERED SEPARATELY ITEM #12 WILL BE DEFERRED INDEFINATELY ITEM #14a WILL BE DEFERRED INDEFINATELY Council Lady Henley DISCLOSED re ITEM #14b (AGRITOURISM) she has ownership interest and operates a farm stand with related activities in the City's Agricultural District; however, the City Attorney advised it is not necessary for her to ABSTAIN from participating in this consideration and voting on this item. June 17, 2014 -32- ITEM#63903 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A) (1) Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees Upon motion by Councilman Wood, seconded by Council Lady Ross -Hammond, City Council voted to proceed into CLOSED SESSION at 5:50 P.M. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session 5:50 P.M. 5:59 P.M.) June 17, 2014 -33 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL JUNE 17 2014 6:00 P.M. Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, June 17, 2014, at 6:00 P.M. Council Members Present: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend H. Leroy Siebert, Pastor Community United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. June 17, 2014 -34 - Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial') purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Towne Realty ("Prudential"). Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of August 13, 2013, is hereby made a part of the record. June 17, 2014 Item -V-E CERTIFICATION -35- ITEM #63904 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: James L. Wood June 17, 2014 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #63903 Page 32, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. /Lr uth Hodges Fraser, MMC City Clerk June 17, 2014 Item -V-F.1 MINUTES -36- ITEM #63905 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 3, 2014. Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: James L. Wood June 17, 2014 -37 - ADOPT AGENDA FOR FORMAL SESSION ITEM #63906 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 17, 2014 Item -V-H.1 MAYOR'S PRESENTATIONS -38- ITEM #63907 JOANNA TAN — MAYOR'S YOUTH LEADERS IN ACTION Mayor Sessoms introduced and welcomed Joanna Tan, Past President - Mayor's Youth Leaders in Action ("MYLA'). Mayor Sessoms advised he had the privilege of hearing an essay written by Miss Tan and was so impressed he asked her to share with City Council. Joanna was the Valedictorian at Tallwood High School Miss Tan expressed her appreciation to Mayor Sessoms and City Council for the opportunity to be a part of the Mayor's Youth Leaders in Action. Miss Tan shared she overcome many obstacles to reach the success she has experienced thus far in her life. The day she moved to Virginia Beach from Japan in 2005 still lives fresh in her mind. She quickly fell in love with the City which left her wanting to do more in the community. After her acceptance in the Global Studies Academy at Tallwood High School and the realization she was required to earn 140 hours of community service, she attended a MYLA meeting with her older sister in hopes of making the community service as painless as possible. She joined MYLA and gained much more than completing her community service. She not only learned about dangers of drugs and alcohol but learned the importance of leadership, selflessness and youth empowerment. Being a part of MYLA as well as the Global Studies Academy and working with families and other youth in the City has shown her that everyone is interconnected. She is very proud and happy Virginia Beach is now her home. June 17, 2014 Item -V-H.2 MAYOR'S PRESENTATIONS -39- ITEM #63908 MARY KAY HOROSZEWSKI DAY— JUNE 17, 2014 Mayor Sessoms introduced Mary Kay Horoszewski and presented her a Resolution declaring June 17, 2014 MARY KAY HOROSZEWSKI DAY recognizing her retirement after twenty-eight (28) years and paying tribute to a dedicated public servant, a significant community leader with creative abilities, a vision and the fortitude to see that vision become a reality. Mayor Sessoms stated her success is the City's gain as her departure is the City's loss. Ms. Horoszewski thanked the Mayor and Members of City Council. June 17, 2014 R,ESOLUTION WHEREAS: Virginia Beach Community Development was created November 18, 1985, by the Virginia Beach City Council to expand and improve opportunities for low and moderate income households; and, to coordinate and cooperate with federal, state and local agencies, private organizations and community groups in developing programs designed to meet the housing needs of those less fortunate; WHEREAS: After an extensive search, Mary Kay Horoszewski became the first Executive Director of VBCDC in 1986 and has dedicated her knowledge, skills and expertise to create an organization second to none that would provide housing opportunities for the low and moderate income families of Virginia Beach, including new homes and larger living facilities. Mary Kay was well qualified and worked closely with the Board to make significant progress, bringing the operating budget from Eighty-five Thousand Dollars a year to more than Five Million dollars, and a staff from two to the current thirty-five; WHEREAS: VBCDC, under the leadership of Mary Kay, developed a home -buyer program, constructed new single family homes as well as rehabilitated existing units to sell over one hundred sixty-five homes to first time low to moderate income families; and provided homeownership education to more than one thousand purchasers through the VHDA Certified homebuyer Educational workshops. She also developed the rental housing program that currently provides 401 units of affordable rental housing to individuals, persons with disabilities, Veterans, and homeless persons. She also partnered with the Department of Human Services to build and manage an Intermediate Care facility for persons with profound developmental disabilities; and helped found and serves as the Co -Chair of the Virginian Beach Housing Roundtable; and, WHEREAS: Mary Kay has not only spearheaded a successful VBCDC, but was the "mover and shaker" to purchase office space for VBCDC in the move to Potters Road in 2010, has contributed many "volunteer" hours and leadership to other organizations such as the Hampton Roads Housing Consortium, American Society of Public Administration, and the Workforce Housing Advisory Board. Her awards are numerous, including federal recognition from Fannie Mae, several Governor's recognitions, the Mayor's commendation, certificates of appreciation, bank awards for building excellence, foreclosure mitigation counselling and neighborhood stabilization plus many others; NOW, THEREFORE, BE IT RESOLVED: That upon the occasion of Mary Kay's retirement after twenty-eight years and her moving out of the City, City Council pauses in its deliberations this Seventeenth day of June, Two Thousand Fourteen, to pay tribute to a dedicated public servant, a significant community leader with creative abilities, a vision and the fortitude to see that vision become a reality. Mary Kay, we, the governing body of the largest City in the Commonwealth of Virginia, truly want you to know your success is our gain and your departure is our loss. BE IT FURTHER RESOLVED: That June 17, 2014, day be declared: MARY KAY HOROSZEWSKI DAY 41444-4 Zan ?(obertDyer Coy iC y Barbara Henley CauncsTLa ysnanno DS7cane nci6nan Brad Martin ,Councibnan yohn D.D. Moss '/�e+� Co \Lady Dr. Amelia 7Zoss-Hammond unci6nan John E. Uhrin Council Lady posegmy Wilson Co .y�'ames L. Wood Nice Mayor Louis4 ,9ones 'ayor Wi in D. "Will Sessoms Item -V-H.3 MAYOR'S PRESENTATIONS -40- ITEM #63909 PARKS AND RECREATION MONTH Mayor Sessoms introduced Michael Kalvort, Director — Parks and Recreation, and presented a Proclamation declaring July 2014 "Parks and Recreation Month ". Mayor Sessoms encouraged all citizens, City members and civic organizations to join him in supporting the City's Parks and Recreation programs by visiting a community Recreation Center, park or other natural area. Mr. Kalvort expressed his appreciation to City Council for their continued support of Parks and Recreation. June 17, 2014 !rnthxmwtirnt Whereas: Parks and recreation programs are an integral- part of the City of Virginia Beach with 265 parks andpar! facilities, seven community recreation centers, 5,613 acres of parkfiind and Whereas: Eighty-three percent of the community resides within a half -mile commute to a park and Whereas: Parks and recreation programs are vitally important to establishing and maintaining the quality of life in our community, ensuring the health of all citizens, programming active and passive activities for citizens, and contributing to the economic and environmental well --being of our community; and Whereas: Parks and recreation is an integral -part of Envision 'Virginia Beach 2040 and contributes to the achievement of the sustaina6i&ty plan; and Whereas.: Parks and recreation programs provide therapeutic recreation and inclusion services for individuate with cognitive or physical needs; and Whereas: The Parks and Recreation Department is the largest youth development provider in the city serving over 8,800 children annually; and Whereas Parks and recreation programs increase a community's economic prosperity through increased property values, increased tourism, the attraction and retention of businesses, and crime reduction; and Whereas: Warks and natural areas improve water quality, improve the quality of the air we breathe, and produce habitat for wird-rift and Whereas: Parks and Recreation supports the "Urban Forest !Management Plan; and Whereas Parks and natural areas and open space ensure the ecotogicat beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and Whereas 'The Trust for Public Land recently ranked 'Virginia Beach as the 8th best park system nationally; and Whereas The Parks and Recreation (Department is a CAM Accredited agency. Now, Therefore, I, 'William D. Sessoms, Jr., !Mayor of the City of Virginia Beach, do hereby Proclaim: Ju(y 2014 Warks and recreation 1ontfi In Virginia Beach, and I encourage ad citizens, city members and civic organizations to join me in supporting our Parks and Recreation programs by visiting a community recreation center, parkor other natural area. In Witness Whereof I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to 6e affied this Seventeenth day of June, 'Two Thousand 2Fourteen. Wifiam D. Sessoms, Jr. Item -V-H.4 MAYOR'S PRESENTATIONS -41- ITEM #63910 COMMNOWEALTH OF VIRGINIA GENERAL ASSEMBLY HOUSE JOINT RESOLUTION NO. 306 Celebrating the life of Thomas H. Wilson Mayor Sessoms introduced and welcomed Delegates Glenn Davis and Ron Villanueva. Delegates Davis and Villanueva presented House Joint Resolution No. 306, "Celebrating the life of Thomas H. Wilson," as an expression of the General Assembly's respect for his memory. Thomas H. Wilson passed away June 19, 2013. Mr. Wilson was a successful businessman, beloved husband, father, and a pillar of the Virginia Beach Community. Council Lady Wilson accepted the Resolution and expressed her appreciation to Delegates Davis and Villanueva for honoring Tom's memory. June 17, 2014 (E(�E11'0:tCNA\ HOUSE JOIN''' RESOLUTION NO. 300 Celebrating the life of Thomas H. Wilson Agreed to by the (louse of Delegates, February 14, 2014 Agreed to by the Senate, February 20, 2014 \VE IE:REAS, Moralist]. Wilson, a respected businessman, lxloved husband and father, and active leader in the Virginia Beach community, died on June 19, 2013; and WHEREAS, a lifelong resident of Virginia Beach, 'I'honras "Tom" Wilson graduated with honors from the University of Virginia and was a proud alumnus of the school for the rest of his life; and WHEREAS, Tom Wilson embarked upon a highly successful 40 -year career with Dixon Hughes Goodman LE.P, a certified public accounting (C1'10 firm as chief operating officer, he helped the company become IIIc largest CIA firm in the southern United Stales; and WHEREAS, a firm believer in tiie importance of education, Tom Wilson offered his leadership expertise as the chair of the Tidewater Community College Board, treasurer of the Virginia Beach Library Foundation, president of the Virginia Beach Education Foundation, and member of the Cosmopolitan Club of Norfolk; and WHEREAS, Tom Wilson volunteered his time and talents to support the City of Virginia Beach as chair of the Virginia Beach -Hampton Roads Chamber of Commerce; he was also a crucial fundraiser for Virginia Beach Volunteer Rescue Squad 3 and the Eastern Virginia Medical School Foundation; and WHEREAS, Wilson enjoyed fellowship and worship with the community as a devoted incrnber of Virg irlit Beach United Methodist Church; and WI1EREAS,'Toni Wilson will be fondly remembered and greatly missed by his loving wine of 37 years, Rosemary; daughters, Kari and Sarah, and their families; and numerous other family members, friends, and colleagues; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly hereby note with great sadness the loss of Thomas FL Wilson; a successful businessman, beloved husband and father, and pillar of the Virginia Beach community; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to the family of Thomas ll. Wilson as an expression of the General Assembly's respect for his memory. House Patrons: Villanueva, Davis, DeSteph, Knight, Stolle, and Taylor Senate Patrons: Cosgrove, McWaters, and Wagner Clerk of the House of Delegates Item -V-I ORDINANCES/RESOLUTIONS -42- ITEM #63911 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, IN ONE MOTION, BY CONSENT, Items la/b/c, 2, 3,5a/b, 6a/b, 7, 8a/b/c/d/e, 9 and 10 Ordinances and Resolutions. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Henley DISCLOSED re ITEM #1c and 2 (AGRITOURISM) she has ownership interest and operates a farm stand with related activities in the City's Agricultural District; however, the City Attorney advised it is not necessary for her to ABSTAIN from participating in this consideration and voting on this item. Councilman Moss VOTED VERBAL NAY on ITEM# 8a and 8d June 17, 2014 BARBARA M. HENLEY CITY COUNCIL MEMBER - PRINCESS ANNE - DISTRICT 7 In Reply Refer to 0052322 City of Virgirzia Ieach June 17, 2014 VBgov.com PHONE: (757) 426-7501 BARBARA @ BAR BARAH EN LEY.COM Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the ordinances related to "Agritourism activities". 2. I have an ownership interest in Henley Farm, L.P., and its principal office address is 3513 Charity Neck Road, Virginia Beach, Virginia 23456. Henley Farm, L.P. operates a farm stand and related activities in the City's agricultural districts. 3. I am a member of a group of three or more persons—owners of businesses that operate a farm stand and related activities in the City's agricultural districts—the members of which are affected by the transaction. 4. I am able to participate in this transaction fairly, objectively, and in the public interest. 3513 CHARITY NECK ROAD, VIRGINIA BEACH,VIRGINIA 23456 Mrs. Ruth Hodges Fraser -2- June 17, 2014 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Sincerely, Barbara M. Henley Councilmember BMH/DRH Item -V-Lla ORDINANCES/RESOLUTIONS -43- ITEM #63912 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. 02-459 and 2-461 re addition of student members and annual reports for the Human Rights Commission Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 REQUESTED BY COUNCILMEMBERS DYER AND KANE 1 AN ORDINANCE TO AMEND SECTIONS 2-459 and 2-461 OF 2 THE CITY CODE PERTAINING TO THE HUMAN RIGHTS 3 COMMISSION 4 5 SECTIONS AMENDED: § 2-459 and -461 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section § 2-459 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Section 2-459. Commission established; composition; appointment and terms of 14 members; etc. 15 16 (a) There is hereby created the City of Virginia Beach Human Rights 17 Commission which shall consist of fifteen (15) seventeen (17) members. 18 (b) The members of the commission shall be appointed by the city council. Of 19 those first appointed, three (3) members shall be appointed for a term of one (1) year; four 20 (4) for a term of two (2) years; four (4) for a term of three (3) years; and thereafter all 21 appointments shall be for a term of three (3) years. Two (2) members shall be high school 22 juniors, whose terms shall be for two (2) years. The commission shall elect, from its 23 members, a chairperson, a vice -chairperson, and such other officers as the commission 24 may deem appropriate. 25 (c) Attendance records shall be kept at each meeting of the commission, and an 26 annual report of attendance shall be submitted to city council through the city clerk's office. 27 No member shall accumulate an annual total of more then than three (3) absences (not to 28 exceed one-fourth of the total number of meetings) for reasons other than personal illness, 29 death or other unusual circumstances. If this limitation is exceeded, the chairperson shall 30 report to the city clerk the name of the commission member whose unexcused absences 31 exceed the number set forth herein. The city clerk shall then notify in writing, with copies to 32 the city council, the commission member that, due to absences in excess of the number 33 allowed herein, their term of membership on the commission terminated. Thereafter, the 34 city clerk shall forward the vacancy to the city council for appointment of a new commission 35 member. 36 (d) Notwithstanding the provisions of subsections (b) and (c), all members of the 37 commission shall serve at the pleasure of city council. 38 (e) Members of the commission shall serve without compensation, but funds may 39 be appropriated in the annual budget for reasonable and necessary expenses to be 40 incurred by the commission in the conduct of its prescribed functions. 41 1 42 43 44 Sec. 2-461. Duties, powers and function. 45 The commission shall serve as an advisory agency to the city council and shall be 46 vested with the following duties, powers and functions: 47 (a) To institute, conduct, and engage in educational and informational programs 48 for the promotion of mutual understanding and respect among citizens, and the fulfillment 49 of human rights. 50 51 (b) To serve as a forum for the discussion of human rights issues, and to 52 conduct studies and propose solutions for the improvement of human relations in the city. 53 54 (c) To provide assistance to persons who believe their rights have been violated 55 by identifying the appropriate federal, state or local agency to address the complaint and 56 referring such persons to that agency. 57 58 (d) To provide city council and the city manager an semi annual written report of 59 the commission's activities on or before December 30th and June 30th of each year. 60 61 (e) To adopt rules and procedures for the conduct of its affairs. 62 63 64 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th 65 day of June , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: man Resources CA12994 R-3 June 10, 2014 2 __d-e6e'?,1 City Attorney's Office Item -V-Llb ORDINANCES/RESOLUTIONS -44- ITEM #63913 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: b. Resolution to GRANT an exemption to City Code §7-59.1 to allow MARKLIN MCGUIRE to operate a moped on Atlantic Avenue during the Resort Season re pizza delivery Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 REQUESTED BY COUNCILMEMBER UHRIN 1 A RESOLUTION GRANTING A PERMIT TO MARKLIN 2 MCGUIRE TO OPERATE A MOPED ON ATLANTIC 3 AVENUE 4 5 WHEREAS, City Code § 7-59.1 prohibits persons from riding a moped on Atlantic 6 Avenue during the resort season; and 7 8 WHEREAS, City Code § 7-58 authorizes the City Council to grant a permit that 9 would allow a person to operate a moped on Atlantic Avenue during the resort season, 10 notwithstanding the prohibition contained in City Code § 7-59.1; and 11 12 WHEREAS, Marklin McGuire has shown good cause why he should be granted 13 such a permit; and 14 15 WHEREAS, the Police Department has requested that any such permit have an 16 expiration date of December 31st 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That the City Council hereby grants Marklin McGuire a permit to operate a 22 moped on Atlantic Avenue during the resort season, provided that the moped has been 23 registered with the Department of Motor Vehicles and displays a current and valid 24 license plate. 25 26 2. That in order to obtain a permit card, Mr. McGuire shall obtain from the City 27 Clerk a certified copy of this resolution, indicating that it was adopted, and shall present 28 the same to the Police Department, along with a $10 permit fee. 29 30 3. That Mr. McGuire shall possess on his person the permit card whenever he 31 operates a moped on Atlantic Avenue during the resort season. 32 33 4. That the permit shall expire on December 31, 2014, but may be 34 administratively renewed annually by the Police Department for additional calendar 35 years upon Mr. McGuire's payment of the $10 annual permit fee. 36 37 5. That the permit may be revoked at any time, for any reason, by the City 38 Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of June , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA13031 R-1 June 6, 2014 Item -V-L1c ORDINANCES/RESOLUTIONS -45- ITEM #63914 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: c. §4-1 re definition of SPECIAL EVENTS for Agritoursim activities Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None Council Lady Henley DISCLOSED re ITEM #1c and 2 (AGRITOURISM) she has ownership interest and operates a farm stand with related activities in the City's Agricultural District; however, the City Attorney advised it is not necessary for her to ABSTAIN from participating in this consideration and voting on this item. June 17, 2014 1 AN ORDINANCE TO AMEND SECTION 4-1 OF THE CITY 2 CODE, PERTAINING TO THE DEFINITION OF SPECIAL 3 EVENTS 4 5 Section Amended : City Zoning Ordinance Section 4-1 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Section 4-1 of the City Code is hereby amended by requiring special events 12 permits for certain agritourism activities, to read as follows: 13 14 Sec. 4-1. Permit for special events. 15 16 (a) Events for Which Permit Required. No person or entity shall hold, 17 organize or sponsor any of the following events or activities unless a permit therefor has 18 been granted by the city: 19 20 (1) Parades, processions, marathons, bicycle races and other events 21 utilizing the sidewalks or vehicular travel portion of city streets and 22 highways, or the boardwalk. 23 24 (2) Carnivals, bazaars and similar events which offer such activities as 25 amusement rides or devices, games of skill, animal rides or 26 exhibitions, food concessions, and informal live entertainment. 27 28 (3) Outdoor festivals or other musical entertainment offering live or 29 recorded music for public or private audiences in other than a fully 30 enclosed building, with the exception of outdoor musical 31 entertainment at any private residence attended by fewer than one 32 hundred fifty (150) persons. 33 34 (4) Motion picture, video or broadcast television productions, other 35 than news media, involving the staging of vehicles, equipment, 36 props or personnel on public property, including buildings, streets 37 and sidewalks, or requiring the use of city equipment or services, or 38 the participation of city employees. 39 40 (5) Organized scheduled contests and exhibitions held on the sand 41 beaches of the city. 42 43 (6) Marine events, including any prescheduled organized concentration 44 of watercraft, involving participants and/or spectators, of a 45 competitive or noncompetitive nature, which may interfere with 46 ordinary navigation or require supplementary regulation by federal, 47 state or city authorities. 48 49 (7) Scheduled races, exhibitions or other events involving the operation 50 of motorized vehicles of any type. 51 52 (8) Scheduled gatherings of two hundred (200) or more persons on 53 any public property, other than parks. 54 55 (9) Activities or events requiring a variance from the regulations for 56 parks promulgated by the director of parks and recreation. 57 58 (10) Organized camps, athletic leagues or games, exercise classes, or 59 other instruction, education or recreational activities or events 60 which take place on city property in the Resort Area or on the sand 61 beaches of the city, for which a fee is collected by a for-profit event 62 organizer, sponsor, or producer, and which include three or more 63 individuals paying to participate in the activity or event. 64 65 (11) Organized horseback riding events held on the sand beaches of the 66 city; provided, however, that no such permit shall be issued unless 67 (i) the applicant is a 501(c)(3) charitable organization, (ii) the event 68 is held between November 1 and May 1, and (iii) the event lasts no 69 longer than one day. The restrictions contained in section 6-12 shall 70 not apply to activity authorized by such a permit. 71 72 (12) Agritourism activities allowed pursuant to section 401(a) of the City 73 Zoning Ordinance, but not including agritourism activities requiring 74 a conditional use permit or allowed pursuant to section 401(c) of 75 the City Zoning Ordinance. 76 2 77 78 COMMENT 79 The ordinance provides that the agritourism activities referenced in subsection (12) are 80 subject to the Special Events Ordinance, thereby requiring a Special Events Permit. Such 81 agritourism activities are generally those in which more than 250 persons are in attendance at any 82 one time and which are held between one and three time per year. Such activities, if held more 83 than three times per year, require a conditional use permit, and agritourism activities where fewer 84 than 250 people are in attendance may be conducted as a matter of right. 85 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 ttlay of June 88 , 2014. CA -13032 R-1 May 23, 2014 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: trategic ' ro h Area Offi City Attorney's Office 3 Item -V-I.2 ORDINANCES/RESOLUTIONS -46- ITEM #63915 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND §4 of the ARP Ordinance to allow Agritourism activities Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Henley DISCLOSED re ITEM #1c and 2 (AGRITOURISM) she has ownership interest and operates a farm stand with related activities in the City's Agricultural District; however, the City Attorney advised it is not necessary for her to ABSTAIN from participating in this consideration and voting on this item. June 17, 2014 1 AN ORDINANCE TO AMEND SECTION 4 OF THE 2 AGRICULTURAL LANDS PRESERVATION 3 ORDINANCE, PERTAINING TO THE DEFINITION OF 4 THE TERM "AGRICULTURAL USE" 5 6 Section Amended: Agricultural Lands Preservation 7 Ordinance (City Code Appendix J) Section 4 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH: 12 13 That Section 4 of the Agricultural Lands Preservation Ordinance, pertaining to 14 the definition of the term "agricultural use," is hereby amended and reordained to read 15 as follows: 16 17 Sec. 4. Definitions. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35! - - - - ' - - (iii) 36 educational, rccr ational and amusement agritourism activities allowed under in 37 accordance with section 401(c) (a) of the City Zoning Ordinance; and (iv) septic tanks 38 and drainfields approved by the health department and which cannot be located within 39 an area not encumbered by an agricultural land preservation easement. The term does (d) Agricultural use means the bona fide production of crops, animal or fowl, including, but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry and dairy products; the raising of livestock and poultry; and the production and harvest of products from horticultural, silvicultural or aquacultural activity. The term also includes (i) the repair, expansion or replacement of no more than one bona fide dwelling occupied by the landowner or tenant as of the date of application for entry in the agricultural reserve program and no more than one freestanding mobile home, as permitted by section 19-19 of the City Code; (ii) accessory or conditional uses directly related to agricultural activities conducted on the same property, including the sale of agricultural products and agricultural -related products as permitted by section 401(b) (a) of the City Zoning Ordinance, dog kennels, riding academies, horses for hire or boarding of horses and incidental sales of tack, riding apparel and similar items as allowed by Section 401(a) of the City Zoning Ordinance •• - - - two thousand, five hundred (2,500) square feet in area, exclusive of rest rooms and 40 not include the processing of agricultural, silvicultural, horticultural or aquacultural 41 products, except as an accessory use. 42 43 44 45 COMMENT 46 47 The amendments allow agritourism activities permitted by the amendments to City 48 Zoning Ordinance Section 401 to be conducted on property within the Agricultural Reserve 49 Program, as recommended by the Agricultural Advisory Commission. The Section 401 50 amendments were made in response to General Assembly legislation enacted during the 2014 51 session. 52 Adopted by the City Council of the City of Virginia Beach, Virginia on the 17 tcilay of June , 2014. CA -13026 R-1 May 20, 2014 Approved as to Content: Approved as to Legal Sufficien y: Department of Agriculture City Attorney's Office 2 Item -V-I.3 ORDINANCES/RESOLUTIONS -47- ITEM #63916 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the Second Modification to the Town Center Phase V Development Agreement re realignment of the parking garage to accommodate a larger retail space Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent. None June 17, 2014 1 ORDINANCE APPROVING SECOND 2 MODIFICATION TO THE TOWN CENTER 3 PHASE V DEVELOPMENT AGREEMENT 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 6 Virginia Beach Development Authority (the "Authority"), the City Manager and City 7 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 8 Development Company, L.L.C. and its affiliates, regarding the continued 9 development of the Central Business District Project known as "The Town Center of 10 Virginia Beach" (the "Project"); 11 12 WHEREAS, the Project is a development arrangement between the Authority 13 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 14 development utilizing the structure of an economic development park in the B -3A 15 Pembroke Central Business Core District, an area of the City that is zoned to 16 optimize development potential for a mixed-use, pedestrian -oriented, urban activity 17 center with mid -to -high-rise structures that contain numerous types of uses, 18 including business, retail, residential, cultural, educational and other public and 19 private uses; 20 21 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 22 99-2567B establishing the Central Business District —South Tax Increment Financing 23 Fund (the "TIF"); 24 25 WHEREAS, Phases I, 11 and III of the Project have been completed, and 26 Phase IV of the Project has expired; 27 28 WHEREAS, Phase V of the Project was approved by City Council on 29 November 13, 2012, and by the Authority on November 20, 2012; 30 31 WHEREAS, the First Modification to Phase V was approved by City Council 32 on February 20, 2013, and by the Authority on March 19, 2013; 33 34 WHEREAS, the Developer has approached representatives of the City and 35 the Authority about changing the configuration of Phase V; 36 37 WHEREAS, on June 17, 2014, the Authority approved the requested second 38 modification to the Phase V Development Agreement, subject to final approval by 39 City Council; 40 41 WHEREAS the City Council finds that reconfiguring Phase V of the Project 42 will stimulate the City's economy, increase public revenues, enhance public 43 amenities and further the City's development objectives for the Central Business 44 District, and provide necessary components to further the goals contained in the 45 City's Guidelines for Evaluation of Investment Partnerships for Economic 46 Development; and 47 WHEREAS, the City Council hereby approves the second modification to 48 Phase V of the Project as set forth on the Second Amended Summary of Terms 49 attached hereto. 50 51 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA; 53 54 1. That the second modification to the Phase V Development Agreement 55 is hereby approved, so long as such modifications are consistent with the Second 56 Amended Summary of Terms attached hereto as Exhibit A, and incorporated herein, 57 and such other terms, conditions or modifications as may be acceptable to the City 58 Manager and deemed legally sufficient by the City Attorney. 59 60 2. That the City Manager and the City Attorney are hereby authorized and 61 directed to proceed with the preparation of any and all documents necessary and 62 appropriate to implement the second modification to the Phase V Development 63 Agreement (the "Phase V Second Modification Documents") consistent with the 64 Second Amended Summary of Terms. 65 66 3. That the City Manager, or his designee, is authorized to execute and 67 deliver any and all Phase V Second Modification Documents to which the City is a 68 necessary party, so long as such Phase V Second Modification Documents are 69 consistent with the Second Amended Summary of Terms and are acceptable to the 70 City Manager and are in a form deemed satisfactory by the City Attorney. 71 72 4. The City Manager is authorized to modify the Phase V Second 73 Modification Documents to which the City is a party to the extent such modifications 74 may be technical in nature, provided that after such modifications, the Phase V 75 Second Modification Documents shall remain in substantial conformity with the 76 Phase V Development Agreement and such modifications are acceptable to the City 77 Manager and in a form deemed satisfactory by the City Attorney. 78 79 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th 80 day of June , 2014. APPROVED AS TO L APPROVED AS TO CONTENT SUFFICIENCY City Attorney CA12963 R-1 June 10, 2014 Economic Development APPROVED AS TO FUNDS AVAILABILITY inance Department EXHIBIT A SECOND AMENDED SUMMARY OF TERMS (TOWN CENTER — SECOND MODIFICATION TO PHASE V DEVELOPMENT AGREEMENT) Phase V of the Town Center Project will consist of a single -block, mixed-use development on Block 11 of Town Center CURRENT TERMS 1. Scope of Proposed Improvements Single -block, Multi -facility, Mixed-use Development / Main Building: 15 Stories • Parking Garage, approx. 950 Spaces (6 levels) • Office Tower, approximately 213,000 sq.ft. (9 levels above garage) • Apartments above ground -level parking (4 floors - approximately 290 units) • Retail, Main Lobby and Apartment Lobby (approximately 21,400 sq. ft.) 2. Developer Obligations A. Construct all improvements: • Office Tower • Main Lobby • First Floor Retail • Parking Garage • Apartments • Streetscapes B. Estimated Private Investment: $84.4 million C. Make payments totaling $3,850,000 between 2015 and 2023 to the Authority to prevent a shortfall in the TIF. Developer payment to be offset by construction of improvements on Block 9. 3. Authority Obligations A. Pay for Infrastructure Improvements: • Estimated Cost: $1,000,000 • To include streetscapes, utilities, traffic signals B. Lease 1 floor in new 16 -story Office Tower. • Leased Area: - 20,000 square feet • VBDA's rent- Starting at $28.25 per square foot • Rate not to be higher than anchor tenant C. Purchase Parking Garage: • Estimated Cost: not to exceed $20 million • Exact price to be determined based on construction costs 4. Other Terms: A. New Office Tower to be anchored by Clark Nexsen. • Leasing 4 full floors • Anticipate approx. 350 employees to relocate to Virginia Beach B. Developer to construct a temporary parking lot on Block 9 to partially replace spaces lost during construction. Cost to be split between Developer and Authority (Authority's share, estimated at $75,000, to come from $1 million infrastructure budget). PROPOSED MODIFICATIONS 5. Realignment of Retail and Parking: A. Parking garage to contain up to 927 spaces (23 -space reduction). B. Retail space to increase by approx. 5,257 square feet for a total of 26,657. C. Cost to realign garage/retail approx. $100,000 to be added to garage costs and paid by Authority from TIF Funds (total Authority cost for garage not to exceed $20,100,000). Item -V-I.4 ORDINANCES/RESOLUTIONS -48- ITEM #63917 The following individuals registered to speak: Gerald Yagan, Owner and Applicant, 1477 Trading Point Lane, spoke in SUPPORT. Mr. Yagan feels the Museum adds to the very rich aviation community, hosting over 40,000 visitors from all over the World last year. The Museum has over sixty (60) historic planes and hosts three (3) major events each year. The exemption will help tremendously and ensure the Museum will continue bringing positive economic impact to the City. Thomas Kurtz, 1161 Nansemond Parkway, Phone: (252) 287-0877, spoke in SUPPORT. Mr. Kurtz feels the Museum celebrates a time and era of World History. The Museum attracts visitors from all over the World each year. Larry Stampe, 1269 Belvoir Lane, Phone: 420-3145, spoke in SUPPORT. Mr. Stampe acknowledged Tourism is the leading economic driver for the City and the Museum only helps the City's tourism. Billy Vaughan, spoke in OPPOSITON. Mr. Vaughan expressed concern for the future of his family's farm that originated in the 1700's. Mr. Vaughan is not opposed to the Museum but is concerned with the rapid expansion and growth of the Museum and what impacts that will leave on his family farm. Bernadette Vaughan, spoke in OPPOSITON. Mrs. Vaughan advised her family owns the property at the end of the runway strip. While she loves the Museum and what it adds to the Community, she worries about the future of their family's farm. The real estate taxes are substantial and she is concerned where the City will make up the lost revenue. Robbie Vaughan, spoke in OPPOSITON. Mr. Vaughan advised he, too, loves the Museum and what it brings and offers to the Community; however, as a taxpayer himself he is not excited at the possibility of having to help make up the loss of revenue. Mr. Vaughan expressed concerns on the lack of oversight and regulations for the flights as they often fly less than 100 feet above his home. This is a major safety concern for his entire family Jennifer Vaughan, spoke in OPPOSITON. Mrs. Vaughan advised she and her family welcomed Mr. Yagan into the Community and have sat down with him to discuss safety concerns. Mr. Yagan has not stayed in the flight pattern previously established and that is why she and her family are speaking in opposition. Mrs. Vaughan has witnessed a plane so low it almost hit a school bus on their road. Mrs. Vaughan advised Mr. Yagan does not have the right to impede on the personal safety and welfare of her, her family or the family's farm. Bobby Vaughan, 2388 Vaughan Road, spoke in OPPOSITON. Mr. Vaughan advised he, too, loves the Museum but loves his family and his family's farm more. These flights are a major safety concern and is an accident waiting to happen. Mike Cullipher, 2088 Jarvis Road, Phone: 721-6446, spoke in OPPOSITON. Mr. Cullipher echoes the concerns stated by the Vaughan family. He expressed concern regarding making up for the loss of revenue when rarely a week goes by that a notice is not in the Beach to raise some type of fee and/or tax. Louis Cullipher, spoke in OPPOSITION. Mr. Cullipher feels Mr. Yagan has taken a unique approach at getting what he wants, he has `piece milled" the requests. Mr. Cullipher feels the amount of real estate taxes owed on the property would provide a full time Public Safety Officer. Mr. Cullipher is also concerned about the lack of regulations and the health as well as the safety of the surrounding property owners. June 17, 2014 Item -V-I.4 ORDINANCES/RESOLUTIONS -49- ITEM #63917 (Continued) Daniel Franken, 4161 West Neck Road, Phone: 619-9013, spoke in OPPOSITON. Mr. Franken advised the flights at the Museum are an "accident waiting to happen" and it is just a matter of time before it occurs. The airspace in the area is small with a tremendous amount of planes. In Mr. Franken's opinion: "This is a very dangerous situation and should be addressed before something tragic happens ". Nick Meiszer, 1252 Princess Anne Road, spoke in OPPOSITON. Mr. Meiszer also expressed concern regarding the safety and welfare of the property owners in and around the Museum. Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council DEFERRED FOR TWO WEEKS, the Ordinance to EXEMPT local Real and Personal Property taxes in behalf of the Military Aviation Museum Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Brad Martin June 17, 2014 BRAD MARTIN, P.E. COUNCILMAN - AT LARGE In Reply Refer to 0052305 I Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach. Virginia 23456 City of Virginia Beach June 17, 2014 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Dear Mrs. Fraser: VBgov.com PHONE: (757) 689-4840 CELL: (757) 574-5454 BMartin@vbgov.com Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an ordinance to exempt from local taxation certain real and personal property used by the Military Aviation Museum. 2. I have a personal interest in Martin Engineering, LLC, which is located at 1060 Lynnhaven Parkway, Suite 111, Virginia Beach, VA 23452. 3. Martin Engineering, LLC, has provided site planning for the Military Aviation Museum, and I have provided planning services for the property. 4. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 2401 COURTHOUSE DRIVE, SUITE 281, VIRGINIA BEACH, VA 23456 I Mrs. Ruth Hodges Fraser -2- June 17, 2014 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Thank you for your assistance in this matter. Sincerely, rad D. Martin Councilmember BDM/DRH Item -V-1.5a ORDINANCES/RESOLUTIONS -50- ITEM #63918 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. JOAN R. DAVIS re an existing drainage easement on North Bay at 361 Back Bay Crescent DISTRICT 7- PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property in behalf of JOAN R. DAVIS re an existing drainage easement on North Bay at 361 Back Bay Crescent (GPIN 2433273415 and 2433223992) DISTRICT 7- PRINCESS ANNE The following conditions shall be required: 1. For and in consideration of the premises and of the benefits accruing, or to accrue, to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand, paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. 2. It is expressly understood and agreed that the Temporary Encroachments 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. 3. Providing, however, 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 Area in the event of an emergency or public necessity; and, Grantee shall bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 5. 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 Encroachments. June 17, 2014 Item -V-L 5a ORDINANCES/RESOLUTIONS -51- ITEM #63918(Continued) 6. 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. 7. It is further expressly understood and agreed that the Grantee shall maintain the Temporary Encroachments so as not to become unsightly or a hazard. 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 9. It is further expressly understood and agreed that the Grantee shall maintain an existing vegetated riparian buffer, which is a minimum of 15 feet in width landward from the shoreline, and run a total of 15 feet in length (225 sq. ft.) along the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer') of a size and species of the Grantee 's choice. An access path, stabilized appropriately to prevent erosion through the Buffer to the shoreline, is allowed. 10. It is further expressly understood and agreed that the Grantee shall make a SEVEN HUNDRED AND FIFTY DOLLAR ($750.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the 600 square feet riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore Buffer areas on other City -owned property elsewhere in the Back Bay watershed. 11. 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 Encroachments. 12. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. June 17, 2014 Item -V-L 5a ORDINANCES/RESOLUTIONS -52- ITEM #63918(Continued) 13. 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 Encroachments 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. 14. 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 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 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. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF AN EXISTING 6 60' CITY DRAINAGE EASEMENT INTO 7 A WATERWAY KNOWN AS NORTH 8 BAY, LOCATED AT THE REAR OF 361 9 BACK BAY CRESCENT, FOR JOAN R. 10 DAVIS, TRUSTEE OF THE JOAN R. 11 DAVIS LIFETIME QUALIFIED 12 TERMINABLE INTEREST PROPERTY 13 (QTIP) TRUST 14 15 WHEREAS, Joan R. Davis, Trustee of the Joan R. Davis Lifetime QTIP Trust, 16 dated October 22, 2008, has requested on behalf of the Trust to maintain an existing 17 marginal wharf, covered boat lift and a 10' x 14' dock, upon a portion of a 60' City 18 drainage easement into a waterway known as North Bay (Western -edge of 19 Sandbridge), located at the rear of 361 Back Bay Crescent, in the City of Virginia 20 Beach, Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Joan R. Davis, Trustee 30 Under The Joan R. Davis Lifetime QTIP Trust, its assigns and successors in title are 31 authorized to maintain temporary encroachments for an existing marginal wharf, 32 covered boat lift and a 10' x 14' dock, upon a portion of City property as shown on the 33 map marked Exhibit "A" and entitled: "LOCATION: NORTH BAY INLET FOR: JOAN 34 DAVIS 361 BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 PROJECT: ATF 35 ROOF OVER PREVIOUSLY AUTHORIZED BOAT LIFT DATUM: 0.00 = MLW = -.04' 36 1929 NGVD DATE: JULY 30, 2011 REVISED: SEPTEMBER 21, 2011 PLAN VIEW 37 SCALE: 1" = 40' SHEET 2 OF 3", prepared by JOHN W. BLAKE, II, PROFESSIONAL 38 ENGINEER, a copy of which is on file in the Department of Public Works and to which 39 reference is made for a more particular description; and 40 41 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 42 subject to those terms, conditions and criteria contained in the Agreement between the 43 City of Virginia Beach and Joan R. Davis (the "Agreement"), which is attached hereto 44 and incorporated by reference; and 45 46 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 47 hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 50 time as Joan R. Davis, Trustee and the City Manager or his authorized designee 51 execute the Agreement. 52 17th 53 Ju Adopted by the Council of the City of Virginia Beach, Virginia, on the day e 54 of , 2014. CA -11964 R-1 PREPARED: 06/04/2014 APPROVED AS TO CONTENTS LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM DA A : 'AR YER, A • IATE CITY ATTORNEY 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 22nd day of May, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOAN R. DAVIS, TRUSTEE, UNDER THE JOAN R. DAVIS LIFETIME QTIP TRUST, dated October 22, 2008, ITS 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 55, Section 3, Back Bay Meadows", as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA. SCALE 1" = 100', prepared by W. B. Gallup, Certified Land Surveyor," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 361 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing marginal wharf, covered boat lift and a 10' x 14' dock, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN'S: 2433-27-3415-0000; (CITY PROPERTY KNOWN AS A CITY DRAINAGE EASEMENT) 2433-22-3992-0000; (361 Back Bay Crescent) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City drainage easement into a waterway known as North Bay, located at the rear of 361 Back Bay Crescent known as Back Bay Meadows, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "LOCATION: NORTH BAY INLET FOR: JOAN DAVIS 361 BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 PROJECT: ATF ROOF OVER PREVIOUSLY AUTHORIZED BOAT LIFT DATUM: 0.00 = MLW = -.04' 1929 NGVD DATE: JULY 30, 2011 REVISED: SEPTEMBER 21, 2011 PLAN VIEW SCALE: 1" = 40' SHEET 2 OF 3", prepared by JOHN W. BLAKE, II, PROFESSIONAL ENGINEER, 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 2 Encroachments 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 Encroachments 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 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 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 Encroachments 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 Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee shall maintain an existing vegetated riparian buffer, which is a minimum of 15 feet in width landward from the shoreline, and runs a total of 15 feet in length (225 sq. ft.) along the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer") of a size and species of the Grantee's choice. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall make a SEVEN HUNDRED AND FIFTY DOLLAR ($750.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the 600 sq. ft. riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property elsewhere in the Back Bay watershed. 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 4 contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments 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 Encroachments 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 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 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 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 IN WITNESS WHEREOF, Joan R. Davis, Trustee Under The Joan R. Davis Lifetime QTIP Trust, dated October 22, 2008, 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) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, 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 , 2014, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 JOAN R. DAVIS By 1% Allit iik _"111. a _�� J,• �� 1 - DAIS, T' USTEE UNDER T' JOAN R. D VIS LIFETIME QTIP TRUST STATE OF \itirb4 Jt CITY/COUNTY OF'J IQ J+ A 6E -A -Ch- , to -wit: The foregoing instrument was acknowledged before me this 2 gra day of Ay , 2013, by Joan R. Davis, Trustee Under The Joan R. Davis Lifetime 1Ak4 QTIP Trust. MELISSA H. KELLEY NOTARY PUBLIC 7561926 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28, 2017 Notary Registration Number: 1 b C 1 cl My Commission Expires: 2 J2 *g /2-011 17 (SEAL) APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFF ENCY AND FORM NATURE KED, DE ARTMENT 8 DAN r ' A' all YER, ASS • CIATE CITY ATTORNEY APO 3 l N PLAN VIEW SCALE: 1" = 40' NORTH BAY EXISTING MARGINAL WHARF ATF ROOF OVER EXISTING BOAT UFT 15'11-x 24'6' EXISTING 10' X 14' DOCK F. 734 ` i°441 ZONAL APO 1 FLOOD EBB \ EXISTING BULKHEAD EXISTING SFR #361 APO 2 CONCRETE DRIVEWAY BACK BAY CRESCENT 50' R/W REVISED: SEPTEMBER 21, 2011 APOs 1. HENRY & CONSTANCE RICHESON 2. FRED JENKINS 3. USFWS — BACK BAY NWR LOCATION: NORTH BAY INLET FOR: JOAN DAVIS 361BACK BAY CRESCENT VIRGINIA BEACH. VA 23456 PROJECT: ATF ROOF OVER PREVIOUSLY AUTHORIZED BOAT LIFT DATUM: 0.00 = MLW = -.04' 1929 NGVO DATE: JULY 30, 2011 SHEET 2 CF 3 361 Back Bay Crescent (Davis) GPIN 2433-22-3992 Proved9Y Pw,f pe.9 swoon SeMn: evxu 01,090013 LOCATION MAP ENCROACHMENT REQUEST FOR JOAN R. DAVIS 361 BACK BAY CRESCENT GPIN 2433-22-3992 Feet 0 50 100 200 C FNeUOENDA MAP6leeM 9e9 O 243yyp3992 mx0 Item -V-L 5b ORDINANCES/RESOLUTIONS -53- ITEM #63919 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: b. THE BREAKERS H CONDOMINIUM ASSOCIATION, INC. re a portion of a building and HVAC unit at Red Tide Road DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City -owned property THE BREAKERS H CONDOMINIUM ASSOCIATION, INC. re a portion of a building and HVAC unit at Red Tide Road DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. 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. 3. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment (specifically private sewer force main and appurtenances) in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and removal. 4. 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. 5. 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. June 17, 2014 Iteni -V-L 5b ORDINANCES/RESOLUTIONS -54- ITEM #63919(Continued) 6. 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. 7. 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 "). 8. It is further expressly understood and agreed that prior to issuance of a right- of-way/utility Easement Permit, the Grantee must post a bond or other security, in the amount of two times their Engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 9. 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. If property insurance/Loss Payee is required. 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. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 11. 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. 12. 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 June 17, 2014 Item -V-L5b ORDINANCES/RESOLUTIONS -55.- ITEM #63919(Continued) ($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. 13. It is further expressly understood and agreed that the Grantee shall submit and receive approval of a Traffic Maintenance and Control Plan by Traffic Engineering prior to work in the City right-of-way. This Traffic Control Plan shall show where work, or work vehicles, will encroach into the right-of-way and must indicate proper signs and barricades used for controlling traffic and pedestrians. The Traffic Maintenance and Control Plan shall be included with the right-of-way permit. 14. It is further expressly understood and agreed that no work may begin within the City rights-of-way until all necessary Traffic Control Plans have been approved by Traffic Engineering. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS RED 7 TIDE ROAD, BY THE BREAKERS II 8 CONDOMINIUM ASSOCIATION, INC. 9 10 WHEREAS, The Breakers II Condominium Association, Inc. desires to remove, 11 replace and maintain the second floor balcony decks, to maintain a vinyl privacy fence 12 (6 ft.), a portion of the building and a portion of an HVAC unit, all currently existing 13 within the City right-of-way, located in the 2300 block of Red Tide Road, in the City of 14 Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's right-of-way subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, The Breakers II 24 Condominium Association, Inc. its assigns and successors in title are authorized to 25 maintain temporary encroachments to remove, replace and maintain second floor 26 balcony decks, maintain a vinyl privacy fence (6 ft.), a portion of the building and a 27 portion of an HVAC unit, into a portion of an existing City right-of-way known as Red 28 Tide Road as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A, 29 ENCROACHMENT OF A PORTION OF THE BREAKERS II CONDOMINIUMS ONTO 30 THE RIGHT-OF-WAY OF RED TIDE ROAD, VIRGINIA BEACH, VIRGINIA Date: 31 02/20/14 (Revised 3-21-2014) Scale: 1" = 10' Sheet 1 of 2," a copy of which is on file in 32 the Department of Public Works and to which reference is made for a more particular 33 description; and 34 35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and The Breakers II Condominium Association, Inc. (the 38 "Agreement"), which is attached hereto and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 44 time as The Breakers II Condominium Association, Inc. and the City Manager or his 45 authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day 48 of June , 2014. CA -12940 R-1 PREPARED: 5/21/14 APPROVED AS TO CONTENTS ;Pk' £ 3>a6ly PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM EYER, AS •CIATE CITY ATTORNEY 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 3rd day of June, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THE BREAKERS II CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock corporation, ITS 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 "LOTS 4, 5, & 6, BLOCK E"; as shown on that certain plat entitled: "PLAT OF BREAKERS II CONDOMINIUMS LOTS 4, 5, & 6, BLOCK E, LYNNHAVEN BEACH, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA Date: 10- 4-83 Scale: 1" = 25'," prepared by Engineering Services, Inc., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 171, at page 51, and being further designated, known, and described as 2300 — 2314 Catamaran Court, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove, replace and maintain the second floor balcony decks to encroach 0.1' — 0.4', to maintain a vinyl privacy fence (6 ft.) encroaching 0.6' — 0.8', a portion of the building encroaching 0.4' and a HVAC unit encroaching 0.1', all currently existing, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: (CITY RIGHT- OF- WAY — NO GPIN REQUIRED OR ASSIGNED) 1590-10-9689-0000; (Condo Association Master for 2300-2314 Catamaran Court) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Red Tide Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A, ENCROACHMENT OF A PORTION OF THE BREAKERS 11 CONDOMINIUMS ONTO THE RIGHT-OF-WAY OF RED TIDE ROAD, VIRGINIA BEACH, VIRGINIA Date: 02/20/14 (Revised 3-21-2014) Scale: 1" = 10'," said exhibit plat consist of two (2) sheets, 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 Encroachments 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 Encroachments herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachments 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 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 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 Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan by Public Works Traffic Engineering before commencing work in the Encroachment Area. This traffic control plan shall show where work or work vehicles will encroach into the City right-of-way and must indicate proper signs and barricades used for controlling traffic and pedestrians. The traffic plan must be included with the right-of-way permit. 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"). 3 It is further expressly understood and agreed that prior to issuance of a right- of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments 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 Encroachments 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 Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by 4 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 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 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. IN WITNESS WHEREOF, the said Grantee, The Breakers II Condominium Association, Inc., a Virginia non -stock corporation has caused this Agreement to be executed in its corporate name and on its behalf by Marsha Aiken, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (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 , 2014, 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 , 2014, 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 STATE OF CITY/GOHf R 0 THE BREAKERS II CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock corporation By' /C ,& &(-)1e(( Li c-ifr (SEAL) Marsha Aiken, President to -wit: The foregoing instrument was acknowledged before me this day of 2014, by Marsha Aiken, as President of THE BREAKERS II CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock corporation. Notary Registration Number: o34 X02 My Commission Expires: tot APPROVED AS TO CONTENTS DAT Csr,3 PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION ,t"' 111 1 1:,:EAL) c �. MY n'. .77:170 ; 411. . Vf3ER `If '7* -r- -5..', 2::43532 : i 1//H (l1111ko APPROVED AS TO LEGAL SUFFICIENCY AND FORM r�S DA AR. Y R ASSO CI Y ATTORNEY -OCEAN SHORE AVENUE (60' RNV N84'39'001 149.78' SEE DETAIL THIS SHEET "? 4.0' 2.1' co m 4.2' 0 co o cv 2.1' o z "' 2 0 C7 4.1' >_RZ0 - 1,- 030-- NU 0 m 0 2.1' 4.1' 0.8' FENCE ENCROACHMENT 0.4' DECK ENCROACHMENT 1. Oo n .—z 25 CO 0.4' DECK ENCROACHMENT O O to O co z 2.1' 4.0' CD EM91 0 W 0 F -- J w 0.4' DECK ENCROACHMENT., 0 w 0.2' DECK ENCROACHMENT. j L MATCHLINE - SEE SHEET 2 engineering services, inc. COMMON WALL ELECTRIC OVERHEAD WIRE VINYL FENCE PROPERTY MARKER LEGEND FOUND SET DESCRIPTION 0 PIN(F) • PIN(S) PIN DETAIL SCALE: 1" = 1' L r 0.8' FENCE ENCROACHMENT 0.4' BUILDING ENCROACHMENT 0.4' DECK ENCROACHMENT 0.1' HVAC ENCROACHMENT 0 10 20 30 Civil Engineering — Land Surveying 3351 Stoneshore Rood, Virginio Beoch, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E—mail: emailOesiofva.com EXHIBIT A, ENCROACHMENT OF A PORTION OF THE BREAKERS II CONDOMINIUMS ONTO THE RIGHT-OF-WAY OF RED TIDE ROAD VIRGINIA BEACH, VIRGINIA Date 02/20/14 Project Scale Drown By Source 13116 1 n=10' DMV M.B.171, PG.51 Drawing Path\Name Layout 11:\13\116\Surveys\13116 Exhibiidwg, 001 0 8 0 MATCHLINE - SEE SHEET 1 CO � O _ 0.1' DECK ENCROACHMENT c o O cs A/ � LL W 0.1' DECK ENCROACH LLI C) r�-c� • QLZ o o� N g anm Z ET_ 0 l f (7) 0.1' DECK ENCROACHMENT • . . SEE DETAIL -THIS SHEET 111.: 0.6' FENCE ENCROACHMENT S84'391001,1149.78' 'Oy BBLtu10 LEGEND (NOT TO SCALE) HVAC EQUIPMENT ® CATV PEDESTAL 1---- ELECTRIC GUY WIRE 0 ELECTRIC POWER POLE •-* ELECTRIC STREET LIGHT V/A CONCRETE WOOD DECK • engineering services, inc. DETAIL SCALE: 1" =1' (r 0.1' DECK ENCROACHMENT 0.6' FENCE ENCROACHMENT Civil Engineering — Land Surveying 3351 Stoneshore Rood, Virginia Beach, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E—mail: emailOesiofva.com slLTH OF A 3 0 -2I•Zo/ :; G'r 8 EDWARD F. RUDIGER, JR. 9 Lic. No. 1698 strose p 10 20 30 EXHIBIT A, ENCROACHMENT OF A PORTION OF THE BREAKERS II CONDOMINIUMS ONTO THE RIGHT-OF-WAY OF RED TIDE ROAD VIRGINIA BEACH, VIRGINIA Date 02/20/14 Project 13116 Scale Drown By Source 1"=10' DMV M.B.171, PG.51 Drawing Path\Name, Layout M:\13\116\Surveys\13116 Exhibitdwg, 002 LOCATION MAP ENCROACHMENT REQUEST FOR The Breakers 11 Condominiums, Inc. GPIN 1590-10-9689 iiim=wommell Feet 0 50 100 200 Item -V-L 6a ORDINANCES/RESOLUTIONS -56- ITEM #63920 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as Bass Inlet -East in Sandbridge Shores DISTRICT 7- PRINCESS ANNE a. DAVID L. and BONNIE A. MERRITT at 2805 Sandpiper Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as Bass Inlet -East in Sandbridge Shores in behalf of DAVID L. and BONNIE A. MERRITT at 2805 Sandpiper Road (GPIN 2433330267, 2433268467) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. 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. 3. 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. 4. 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. 5. 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. 6. 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'). June 17, 2014 Item-V-I.6a ORDINANCES/RESOLUTIONS -57- ITEM #63920(Continued) 7. It is further expressly understood and agreed that the Grantee shall make a TWO HUNDRED EIGHTY FIVE DOLLAR ($285.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that the Grantee does not desire to establish on their property; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. 8. 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. 9. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 10. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. June 17, 2014 -58 - Item -V-L 6a ORDINANCES/RESOLUTIONS ITEM #63920(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BASS INLET - 7 EAST, LOCATED AT THE REAR OF 8 2805 SANDPIPER ROAD, FOR 9 PROPERTY OWNERS DAVID L. 10 MERRITT AND BONNIE A. MERRITT 11 12 WHEREAS, David L. Merritt and Bonnie A. Merritt desire to remove an existing 13 fence (located on the property line) and construct and maintain a proposed wood fence 14 upon a portion of City property known as Bass Inlet -East, located at the rear of 2805 15 Sandpiper Road, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 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, David L. Merritt and Bonnie 25 A. Merritt, their heirs, assigns and successors in title are authorized to maintain 26 temporary encroachments to remove an existing fence (located on the property line) 27 and construct and maintain a proposed wood fence upon a portion of existing City 28 property known as Bass Inlet -East, as shown on the map marked Exhibit "A" and 29 entitled: "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & 30 PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE 31 SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' 32 DECEMBER 26, 2012 SHEET 1 OF 2 GALLUP SURVEYORS & ENGINEERS, LTD.," a 33 copy of which is on file in the Department of Public Works and to which reference is 34 made for a more particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and David L. Merritt and Bonnie A. Merritt (the "Agreement"), 39 which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as David L. Merritt and Bonnie A. Merritt and the City Manager or his authorized 46 designee execute the Agreement. 47 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of June , 2014. CA -10576 R-1 PREPARED: 6/3/2014 APPROVED AS TO CONTENTS NATURE ijs/ ! / D T PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL S CIENCY AND FORM ER, IAT CITY ATTORNEY 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 30th day of May, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID L. MERRITT and BONNIE A. MERRITT, 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 42", as shown on that certain plat entitled: "REVISED PLAT — SANDBRIDGE SHORES SECTION 1A — NORTH AREA, Lots 45 — 50 — Approved M. J. Owens PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA. Scale: 1" = 100' Dec. 1, 1965, prepared by PALMER L. SMITH C.L.S. VIRGINIA BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 78, at page 50, and being further designated, known, and described as 2805 Sandpiper Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove an existing fence (located on the property line) and construct and maintain a proposed wood fence, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET- EAST) 2433-26-8467-0000; (2805 Sandpiper Road) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet-East, located at the rear of 2805 Sandpiper Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA," prepared by BRUCE W. GALLUP, LAND SURVEYOR, for GALLUP SURVEYORS & ENGINEERS, LTD., said exhibit plat consists of two (2) sheets, copies of which are attached hereto as Exhibit "A" dated DECEMBER 26, 2012 SCALE: 1" = 20' 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 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a TWO HUNDRED EIGHTY FIVE DOLLAR ($285.00) payment, payable to the City 3 Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that the Grantee does not desire to establish on their property; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per Incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 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, David L. Merritt and Bonnie A. Merritt, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 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 , 2014, 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 , 2014, 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 By A4;11X744 . Merritt, Owner By ,/itemtet onnie A. Merritt, Owner STATE OF Oa-- CITY/COUNTY OF0 to -wit: The foregoing instrument was acknowledged before me this ` D day of —an a , 2014, by David L. Merritt. EAL) Notary Registration Number Cfi4 4 My Commission Expires:_ 1 — Z} ublic JACOI..JEL__INE I. HESTER Nc.Y.7 Ai Y PUBLIC r AL i -i OF VIRGINIA _i Pah' S DECEMBER. 3120 He,.istrction No. 209476 STATE OF c� CITY/COUNTY OF0 to -wit: The foregoin instrument was acknowledged before me this 6� day of , 2014, by Bonnie A. Merritt Notary Registration Number: D9-¢ `i 6 My Commission Expires: Cask. J oZ� JACQUELINE I. HESTER NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER, 3120 Registration No, 209476 APPROVED AS TO CONTENTS C 4' 1 11�1f' . i(vwSli� SIGNATURE Sill DA E PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM ER, TE ITY ATTORNEY 1 N/F C. BISHOP KNOTT, Jt. I.N. 200303050033642 LOT 3 M.8. 67 P. 44 2433-28-6353 S 10'43'00" E PROPERTY OF CITY OF VIRGINIA BEACH "BASS INLET EAST" N.B. 67 P. 44) (M.B. 78 P. 50) SEE DETAIL ON SHEET 2 10' PUBUC DRAINAGE & UlIUTY EASEMENT M.B. 51 P. 25 y DWOOOODD a TRY STAR, LLC I.N. 200503040033429 LOT 2 M.8. 78 P. 50 2433-26-8412 N/F DOREEN R. KAHL LIVING TRUST DATED 5/9/05 I.N. 200507050101805 LOT 1 M.B. 78 P. 50 24.33-26-7427 HE UNE EASEHMENT M.B. 67 P. 44 10'48'00" W 130.00' � T GE � 3-----�RCEL�-- -g W000 Ra'T. W - - 0,00' . _ 0 70.00' �4 S 10'48'00 E —r N/F REUBIN & BETTY G. MANNING D.B. 2545 P. 704 LOT 41 M.B. 41 P. 7 2433-26-9309 I � N 1 N/F DAVID L & BONNIE A. 8 MERRITT I.N. 20080421000457340 LOT 42 M.B. 51 P. 25 2433-26-8467 IJ X43) N/F DEBORAH M. COSTELLO D.B. 4250 P. 368 LOT 43 M.B. 51 P. 25 and PARCEL 1 M.B. 67 P. 44 2433-26-8535 jig C 37-3 G. S 10'48'00" E SANDPIPER ROAD (60' R/W) (M.B. 67 P. 44) EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' DECEMBER 26, 2012 GALLUP SURVEYORS & ENGINEERS. LTD. 315 MST °CLOPSAL ROAD WOW. OUCH. WOWS 23434 (757)428-5132 R-10.00' L15.71' SHEET 1 OF 2 "BASS INLET EAST" EXIST. 3.2'x7.3' WOOD DECK EXIST. 8.2'x16.0' WOOD DECK EXIST. WOOD PIUNG 10' PUBLIC DRAINAGE & UTILITY EASEMENT M.B. 51 P. 25 EDGE OF WATER 15.1' 15.1' OD O 0 N/F DOREEN R. KAHL LIVING TRUST DATED 5/9/05 N 10'48'00" W REMOVE EXISTING FENCE EXIST. WOOD RET. WALL----'' 60.00' S 10'48'00" E PROP. WOOD FENCE, L=19.7' I N/F REUBIN & BETTY G. MANNING N/F DAVID L. & BONNIE A. MERRITT EXHIBIT ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE: 1' = 20' DECEMBER 26. 2012 GALLUP SURVEYORS & ENGINEERS. LTD. 315 FEST cCLONM. ROAD ERMA KACFi, MINE 23454 (757)42I—SIN T 2 OF 2 GAON - 3a91n10OV10-104.DYIG,1 12 2:49:57 PM,1:20, WAS 1 E Rd\2433-26-8 a. 0 0 0 U Q d Item -V-L 6b ORDINANCES/RESOLUTIONS -59- ITEM #63921 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as Bass Inlet -East in Sandbridge Shores DISTRICT 7- PRINCESS ANNE b. DEBORAH M. COSTELLO at 301 Tuna Lane BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property known as Bass Inlet -East in Sandbridge Shores in behalf of DEBORAH M. COSTELLO at 301 Tuna Lane (GPIN 2433330267, 2433268535, 2433267580) DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachments 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. 2. Providing, however, 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 Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 4. 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 Encroachments. 5. 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. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. June 17, 2014 Item -V-L6b ORDINANCES/RESOLUTIONS -60- ITEM #63921 (Continued) 7. 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'). 8. 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 Encroachments. 9. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. 10. 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 Encroachments 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. 11. 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 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 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. June 17, 2014 Item -V-L 6b ORDINANCES/RESOLUTIONS Voting: 11-0 Council Members Voting Aye: -61- ITEM #63921(Continued) Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 f 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BASS INLET - 7 EAST, LOCATED AT THE REAR OF 8 2805 SANDPIPER ROAD, FOR 9 PROPERTY OWNER OF 301 TUNA 10 LANE, DEBORAH A. COSTELLO 11 12 WHEREAS, Deborah A. Costello desires to maintain two (2) existing wood decks 13 (3.2' X 7.3' and 8.2' X 16.0'), a walkway, wood piling and a wood retaining wall upon a 14 portion of City property known as Bass Inlet -East, located at the rear of 2805 Sandpiper 15 Road, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 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, Deborah M. Costello, her 25 heirs, assigns and successors in title are authorized to maintain temporary 26 encroachments to maintain two (2) existing wood decks (3.2' X 7.3' and 8.2' X 16.0'), a 27 walkway, wood piling and a wood retaining wall upon a portion of existing City property 28 known as Bass Inlet -East, as shown on the map marked Exhibit "A" and entitled: 29 "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED 30 WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 31 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' DECEMBER 26, 2012 32 SHEET 1 OF 2 GALLUP SURVEYORS & ENGINEERS, LTD.," a copy of which is on 33 file in the Department of Public Works and to which reference is made for a more 34 particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Deborah M. Costello (the "Agreement"), which is attached 39 hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Deborah M. Costello and the City Manager or his authorized designee execute 46 the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day 49 of June , 2014. CA -12784 R-1 PREPARED: 6/3/2014 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM dilli' C .US(k NATURE �/� DA E%% PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION /r♦-, AMEYER, ASSOCIATE CITY ATTORNEY 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 15th day of May, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DEBORAH M. COSTELLO, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 43 — Parcel 1", as shown on that certain plat entitled: "TRACT B — SECTION 3 SANDBRIDGE BEACH PRINCESS ANNE CO., VA. Scale: 1" = 100' June 1960", prepared by W. B. Gallup — Surveyor, said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 51, at page 25, and "Parcel 2", as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1A — NORTH AREA PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA. Scale: 1" = 100' Dec. 1, 1965", prepared by PALMER L. SMITH C.L.S. VIRGINIA BEACH, VA., said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 44, and being further designated, known, and described as 301 Tuna Lane, Virginia Beach, Virginia 23456; GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET- EAST) 2433-26-8535-0000; (301 Tuna Lane — Lot 43 — Parcel 1) 2433-26-7580-0000; (Parcel 2) WHEREAS, it is proposed by the Grantee to maintain two (2) existing wood decks (3.2' X 7.3' and 8.2' X 16.0'), a walkway, wood piling and a wood retaining wall (collectively), the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Bass Inlet-East, located at the rear of 2805 Sandpiper Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA," prepared by BRUCE W. GALLUP, LAND SURVEYOR, for GALLUP SURVEYORS & ENGINEERS, LTD., said exhibit plat consists of two (2) sheets, copies of which are attached hereto as Exhibit "A" 2 dated DECEMBER 26, 2012 SCALE: 1" = 20' 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 Encroachments 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 Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 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 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 Encroachments so as not to become unsightly or a hazard. 3 I It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per Incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments 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 Encroachments 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 4 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 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 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. IN WITNESS WHEREOF, Deborah M. Costello, 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 2014, 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 , 2014, 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 Deborah M. Costello, Owner STATE OF ` 1iC�111 ,. CITY/COUNTY OF ZC. MO , to -wit: The foregoing instrument was acknowledged before me this IC day of k ({ , 2014, by Deborah M. Costello. Notary Registration Number: �"J 5 10'1 a 35 - My Commission Expires: (Y1cw ,t„1130:' ISI I17'�. 141.).1„ le TAMEKA L TYE ',• ,,, r•, Notary Public Commonwealth of Virginia 7567235 My Commission Expires May 31 2017 amwww9rweengamomeroarmgepu, APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM / fiff11 �- C • (v.)\5 I NATURE DA A : ' AYER, DEPARTMENT 7 ASSOCIATE CITY ATTORNEY 1 N/F C. BISHOP KNOTT, JR. I.N. 200303050033642 LOT 3 M.B. 67 P. 44 2433-26-6353 S 10'43'00' E PROPERTY OF CITY OF VIRGINIA BEACH "BASS INLET EAST" N.B. 67 P. 44) (M.B. 78 P. 50) SEE DETAIL ON SHEET 2 10' PUBUC DRAINAGE & UTIUTY EASEMENT EDGE OF M.B. 51 P. 25 WATER S 10'48'00 E DECK gs woo R T. WAUU N/F REUBIN & BETTY G. MANNING D.B. 2545 P. 704 LOT 41 M.B. 41 P. 7 2433-26-9309 N/F TRY STAR, LLC I.N. 200503040033429 LOT 2 M.B. 78 P. 50 2433-26-8412 N/F DOREEN R. KAHL UVING TRUST DATED 5/9/05 I.N. 200507050101805 LOT 1 M.B. 78 P. 50 2433-26-7427 .\ UNE P. 44 M.B. 67 P. 44 N 10'48'00' W 130.00' ---- 4� _ ,00' - I 70.00' �q- -P i N (00 N/F DAVID L & BONNIE A. . g MERRITT I.N. 20080421000457340 LOT 42 M.B. 51 P. 25 2433-28-8467 a N X431 N/F DEBORAH M. COSTELLO D.B. 4250 P. 368 LOT 43 M.B. 51 P. 25 and PARCEL 1 M.B. 67 P. 44 2433-26-8535 S 10'48'00 E SANDPIPER ROAD (60' R/W) (4.8. 67 P. 44) EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE: 1- 40' DECEMBER 26, 2012 !c 37-3 Mad • ]esoM0000-104.DWG,12/25/2012 &0630 AM, GALLUP SURVEYORS & ENGINEERS. LTD. 315 FRST c0LCNIAL ROAD MONA C a -sem 25454 1 R-10.00' L=15.71' SHEET 1 OF 2 1 "BASS INLET EAST" EXIST. 3.2'x7.3' WOOD DECK EXIST. 8.2'x16.O' WOOD DECK EXIST. WOOD PIUNG 10' PUBLIC DRAINAGE & UTIUTY EASEMENT M.B. 51 P. 25 EDGE OF WATER N/F DOREEN R. KAHL LIVING TRUST DATED 5/9/05 N 10'48'00" W REMOVE EXISTING FENCE EXIST. WOOD RET. 60.00' V Y 0 S 10'48'00" E PROP. WOOD FENCE. L=18.7' N/F REUBIN & BETTY G. MANNING N/F DAVID L. & BONNIE A. MERRITT E. HIBIT A ENCROACHMENT PLAT EXIS11NG WOOD DECKS & PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH. VIRGINIA SCALE: 1' = 20' DECEMBER 26. 2012 GAM! i 0\00404 DG.12128/2012 2:49:57 PM, 1.•20, BWG SHEET 2OF2 1 4411 ` " r W—��r `E 4.' $.41k , ---- -2433-26-8535 and 2433-26-75801 ...jikr "'-,1 ,,-„,..-iitio.m...... _.----------- --- ---------- r: -, \ '''''''. .....--; �k, iiit \'Iliir- y ..„ . , ,-------- v il ' ____----------- _.____-------- „.. , , , .. , ......_ _____------------ _____-- . _______ pN{te , ,_ __---------- .. . _______-- ...„,----- ,-----------' �.- ritA'71;i:t :;"24. te** “..,;: )''' ': ' •C '..,: 7,,41, telvi 4M. Existing Wood Deck +t'rm; - ,Y xk a',,. N -1titi Existing Wood Deck 4-0 *-,,,,,,,,..v., � Existing Wood Retaining Wall 10 Walkway a ,. ' ' LOCATION MAP t,- �: • .:� "LA ENCROACHMENT REQUEST ,,�; 'r r.= - FOR DEBORAH A. COSTELLO ,. - - ~� 301 TUNA LANE Legend - - •• 1 GPIN 2433-26-8535 and 2433-26-7580 • Feet City Property -= ti- - ' •=~ 0 25 50 100 Prepared by P.W./Eng./Eng. Support Services Bureau 06/04/2014 X:\CADD\Projects\ARC Files\AGENDA MAPS\Sandpiper Rd\2433-26-8467\2433-26-8535.mxd Item -V-I.7 ORDINANCES/RESOLUTIONS -62- ITEM #63922 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPOINT three (3) Viewers for one-year terms from July 1, 2014, to assess street closure proposals Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 i 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2014, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 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, 2014 and ending June 30, 2015. 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, 2014 and ending June 30, 2015, 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 17th day of June , 2014. APPROVED AS TO CONTENT: Departme of Planning CA13036 R-1 June 4, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Z City Attorney's Offi I Item -V-L 8a ORDINANCES/RESOLUTIONS -63- ITEM #63923 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re City Appointee Compensation for FY 2014-15: a. City Manager Voting: 10-1 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None June 17, 2014 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 16 to require City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to two percent of their VRS total creditable 18 compensation; and (2) to increase those employees' VRS total creditable compensation 19 by an additional one percent; and 20 21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 22 to require City employees who became VRS members prior to July 1, 2010, to make 23 member contributions in an amount equal to three percent of their VRS total creditable 24 compensation; and (2) to increase those employees' VRS total creditable compensation 25 by an additional one percent; and 26 27 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 28 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 29 30 WHEREAS, the VRS total creditable compensation for the City Manager includes 31 his salary as well as the value of the City's contributions to his deferred compensation 32 plan and, as set forth in his employment contract, the City -paid premiums for his family 33 medical and dental insurance and Tong -term care insurance. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the base annual salary of the City Manager is $ 234,334.56; his car 39 allowance is and shall remain at $12,000 annually; the City's contribution to his deferred 40 compensation plan is and shall remain at $20,500 annually; and, in accordance with his 41 employment contract, the City shall continue to pay the total premium for his family 42 health and dental insurance and shall pay up to $2,684 annually on behalf of the City 43 Manager for long term care insurance. 44 45 2. That, beginning July 1, 2014, as required by state law and in accordance 46 with budget ordinances adopted by City Council in May 2014, the City Manager shall 47 pay, on a salary -reduction basis, VRS member contributions in an amount equal to 48 three percent of his VRS total creditable compensation, and his base salary as set forth 49 in paragraph 1 shall be increased in an amount equal to one percent of his VRS total 50 creditable compensation. 51 52 3. Along with all other full-time City employees, the City Manager shall also 53 receive a salary increase of .34%, effective July 1, 2014, and 1.66%, effective October 54 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of June , 2014. APPROVED AS TO LEGAL SUFFICIENCY: ;Z -die;‘ €---' Offic Attorney's Off c CA 12999 R-1 June 6, 2014 Item -V-L 8b ORDINANCES/RESOLUTIONS -64- ITEM #63924 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re City Appointee Compensation for FY 2014-15: b. City Attorney Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY 3 ATTORNEY 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 29 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 30 31 WHEREAS, the VRS total creditable compensation for the City Attorney includes 32 his salary as well as the value of the City's contributions to his deferred compensation 33 plan. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the base annual salary of the City Attorney is $197,309.52, the City's 39 contribution to his deferred compensation plan is and shall remain at $10,000 annually, 40 and his car allowance is and shall remain at $10,000 annually. 41 42 2. That, beginning July 1, 2014, as required by state law and in accordance 43 with budget ordinances adopted by City Council in May 2014, the City Attorney shall 44 pay, on a salary-reduction basis, VRS member contributions in an amount equal to 45 three percent of his VRS total creditable compensation, and his base salary as set forth 46 in paragraph 1 shall be increased in an amount equal to one percent of his VRS total 47 creditable compensation. 48 49 3. Along with all other full-time City employees, the City Attorney shall also 50 receive salary increases of .34%, effective July 1, 2014, and 1.66%, effective October 1, 51 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of June , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA12998 R-1 June 6, 2014 Item -V-L 8c ORDINANCES/RESOLUTIONS -65- ITEM #63925 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re City Appointee Compensation for FY 2014-15: c. City Clerk Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, in 2012, in compliance with the requirements of state law, City 9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 10 employees who became Virginia Retirement System ("VRS") members prior to July 1, 11 2010, to make member contributions in an amount equal to one percent of their VRS 12 total creditable compensation; and (2) that increased those employees' VRS total 13 creditable compensation by one percent; and 14 15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 16 to require City employees who became VRS members prior to July 1, 2010, to make 17 member contributions in an amount equal to two percent of their VRS total creditable 18 compensation; and (2) to increase those employees' VRS total creditable compensation 19 by an additional one percent; and 20 21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 22 to require City employees who became VRS members prior to July 1, 2010, to make 23 member contributions in an amount equal to three percent of their VRS total creditable 24 compensation; and (2) to increase those employees' VRS total creditable compensation 25 by an additional one percent; and 26 27 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 28 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 29 30 WHEREAS, the VRS total creditable compensation for the City Clerk consists of 31 only her salary. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 1. That the base annual salary of the City Clerk is $111,000.72, and her car 37 allowance is and shall remain at $10,000 annually. 38 39 2. That, beginning July 1, 2014, as required by state law and in accordance 40 with budget ordinances adopted by City Council in May 2014, the City Clerk shall pay, 41 on a salary -reduction basis, VRS member contributions in an amount equal to three 42 percent of her VRS total creditable compensation, and her base salary as set forth in 43 paragraph 1 shall be increased in an amount equal to one percent of her VRS total 44 creditable compensation. 45 P 46 3. Along with all other full-time City employees, the City Clerk shall also 47 receive salary increases of .34%, effective July 1, 2014, and 1.66%, effective October 1, 48 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of June , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Off CA12996 R-1 June 6, 2014 Item -V-L 8d ORDINANCES/RESOLUTIONS -66- ITEM #63926 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re City Appointee Compensation for FY 2014-15: d. City Real Estate Assessor Voting: 10-1 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent. None June 17, 2014 i 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 29 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 30 31 WHEREAS, the VRS total creditable compensation for the City Real Estate 32 Assessor includes his salary as well as the value of the City's contributions to his 33 deferred compensation plan. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1. That the base annual salary of the City Real Estate Assessor is 39 $128,713.68, and the City's contribution to his deferred compensation plan is and shall 40 remain at $4,000 annually. 41 42 2. That, beginning July 1, 2014, as required by state law and in accordance 43 with budget ordinances adopted by City Council in May 2014, the City Real Estate 44 Assessor shall pay, on a salary -reduction basis, VRS member contributions in an 45 amount equal to three percent of his VRS total creditable compensation, and his base 46 salary as set forth in paragraph 1 shall be increased in an amount equal to one percent 47 of his VRS total creditable compensation. 48 49 3. Along with all other full-time City employees, the City Real Estate 50 Assessor shall also receive a salary increase of .34%, effective July 1, 2014, and 51 1.66%, effective October 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of June , 2014. APPROVED AS TO LEGAL SUFFICIENCY: /re'11- City Attorney's Offic CA12995 R-1 June 6, 2014 Item -V-L8e ORDINANCES/RESOLUTIONS -67- ITEM #63927 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinances re City Appointee Compensation for FY 2014-15: e. City Auditor Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 1 AN ORDINANCE PERTAINING TO 2 THE COMPENSATION OF THE CITY 3 AUDITOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, in 2012, in compliance with the requirements of state law, City 10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City 11 employees who became Virginia Retirement System ("VRS") members prior to July 1, 12 2010, to make member contributions in an amount equal to one percent of their VRS 13 total creditable compensation; and (2) that increased those employees' VRS total 14 creditable compensation by one percent; and 15 16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1) 17 to require City employees who became VRS members prior to July 1, 2010, to make 18 member contributions in an amount equal to two percent of their VRS total creditable 19 compensation; and (2) to increase those employees' VRS total creditable compensation 20 by an additional one percent; and 21 22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1) 23 to require City employees who became VRS members prior to July 1, 2010, to make 24 member contributions in an amount equal to three percent of their VRS total creditable 25 compensation; and (2) to increase those employees' VRS total creditable compensation 26 by an additional one percent; and 27 28 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary 29 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and 30 31 WHEREAS, the VRS total creditable compensation for the City Auditor consists 32 of only his salary. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 1. That the base annual salary of the City Auditor is $109,792.80, and his car 38 allowance is and shall remain at $6,000 annually. 39 40 2. That, beginning July 1, 2014, as required by state law and in accordance 41 with budget ordinances adopted by City Council in May 2014, the City Auditor shall pay, 42 on a salary -reduction basis, VRS member contributions in an amount equal to three 43 percent of his VRS total creditable compensation, and his base salary as set forth in 44 paragraph 1 shall be increased in an amount equal to one percent of his VRS total 45 creditable compensation. 46 47 3. Along with all other full-time City employees, the City Auditor shall also 48 receive salary increases of .34%, effective July 1, 2014, and 1.66%, effective October 1, 49 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of June , 2014. APPROVED AS TO LEGAL SUFFICIENCY: er.&?;1 City Attorneys' Offi CA12997 R-1 June 6, 2014 Item -V-I.9 ORDINANCES/RESOLUTIONS -68- ITEM #63928 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $566,122 within the Sheriff's Budget re their inmate medical contract Voting. 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS 2 TO THE SHERIFF'S OFFICE TO PAY FOR 3 EXPENSES RELATED TO THE INMATE MEDICAL 4 CONTRACT 5 6 WHEREAS, the Sheriff's Office has requested assistance from the City to meet 7 inmate medical services cost for the remainder of the fiscal year; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1. $201,849 is hereby transferred from the Compensation Reserve to the 13 Operating Account, both within the FY2013-14 Operating Budget of the Sheriff's Office, 14 to address cost overages related to the inmate medical services contact; and 15 16 2. $364,273 is hereby transferred from the Sequestration Reserve of the 17 General Fund to the Operating Account of the FY2013-14 Operating Budget of the 18 Sheriff's Office to address cost overages related to the inmate medical contract. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of June , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C Budget and Management Services City A CA13038 R-1 June 4, 2014 Item -V -I.10 ORDINANCES/RESOLUTIONS -69- ITEM #63929 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE a $6,000 donation from the Virginia Beach Little League, Inc. re ADA compliance improvements in Ocean Lakes Community Park (DISTRICT 7 - PRINCESS ANNE) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE DONATED FUNDS FROM THE 3 VIRGINIA BEACH LITTLE LEAGUE, INC., TO 4 CONSTRUCT IMPROVEMENTS IN OCEAN 5 LAKES COMMUNITY PARK 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $6,000 is hereby accepted and appropriated, with donation revenue 11 increased accordingly, to CIP 4-307, "Athletic Fields Lighting & Renovations III," to 12 partially fund the cost of ADA compliant capital improvements in Ocean Lakes 13 Community Park. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of June 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA13034 R-1 June 2, 2014 Item -V-J PLANNING 1. CARMAX AUTO SUPERSTORES, INC. -70- ITEM #63930 2. MICHAEL D. SIFEN and GEORGE STREET CORP. 3. HAMPTON ROADS SANITATION DISTRICT 4. ROBERT JEFFREY MOREAU 5. SUZETTE CIVIL -NOEL 6. RODNEY PRICE/AEGEAN ASSOC 7. MID -ATLANTIC COMMERCIAL PROPERTIES/335 CEDAR ROAD, LLC 8. LARAE TUCKER and THE HAYGOOD BEACH, LLC/PHILLIP RICHARDSON 9. FIVE MILE STRETCH ASSOCIATES, LLC 10. VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC/CITY OF VIRGINIA BEACH 11. SANDBRIDGE TOWING, INC./ EDDIE LEE COOPER and LINDA A. ACKISS 12. NEW CINGULAR WIRELESS PCS, LLC/ CYPRESS POINT ENTERPRISES, INC. 13. KEMPDEL, INC. — SHURNEY LANE 14. CITY OF VIRGINAIA BEACH MODIFICATION OF CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL CHANGE OF ZONING and CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING and CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING and CONDITIONAL USE PERMIT CHANGE OF ZONING AMEND CITY ZONING ORDINANCE and STREET CLOSURES June 17, 2014 -71- Item -V-J PLANNING ITEM #63931 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION, BY CONSENT, Items 1, 2(COUNCILMANMARTINABSTAIN), 3, 4, 5, 6(FOR DENIAL), 7, 8, 9(DEFER INDEFINATELY), l0a/b, 12a/b(DEFER INDEFINATELY), 13 and 14a(DEFER INDEFINATELY)/b/c/d/e of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -72 - Item -V-J.1 PLANNING ITEM #63932 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of CARMAX AUTO SUPERSTORES, INC. for Modification of Conditions of a Conditional Use Permit (approved March 25, 2003) re car storage at 3801 and 3789 Bonney Road DISTRICT 5 —LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of CARMAX AUTO SUPERSTORES, INC. for Modification of Conditions of a Conditional Use Permit (approved March 25, 2003) re car storage at 3801 and 3789 Bonney Road (GPIN 1487333397; 1487338449) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. Condition No.1 of the Conditional Use Permit approved by City Council on March 25, 2003, is hereby replaced with the following condition: With the exception of any modifications required by any of the other conditions listed below, or as a result of Development Site Plan review, the development of the site shall substantially conform with the Site Plan entitled "CARMAX STORE NO. 7130, VIRGINIA BEACH, VIRGINIA, MODIFICATION OF CONDITIONS," dated February 28, 2014, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of the other conditions of this Use Permit or as a result of the Development Site Plan review process, Phase 1, of the development of the storage yard shall substantially conform with the Site Plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO. 7130, SITE PLAN" and further labeled by staff as "Phase 1." Said Plan is dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc., has been exhibited to City Council and is on file in the Planning Department. 3. With the exception of any modifications required by any of the other conditions, or as a result of the Development Site Plan review process, landscaping for Phase I of the development shall substantially conform to the Landscaping Plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO.7130, PLANT PLAN, " dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc. Said Plan has been exhibited to City Council and is on file in the Planning Department. At the time Phase 2 is developed, the perimeter fencing and landscaping shall be installed with Phase 2. 4. The original conditions of the Conditional Use Permit approved by City Council on March 25, 2003, except as herein amended, shall remain in full force and effect. June 17, 2014 -73 - Item -V-J.1 PLANNING ITEM #63932(Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent.• None June 17, 2014 -74 - Item -V-J.2 PLANNING ITEM #63933 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of MICHAEL D. SIFEN and GEORGE STREET CORP. for a Conditional Use Permit re indoor Self -Storage at 3443 Virginia Beach Boulevard DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MICHAEL D. SIFEN and GEORGE STREET CORP. for a Conditional Use Permit re indoor Self -Storage at 3443 Virginia Beach Boulevard (GPIN1487741386, part of) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, the site shall be developed substantially in conformance with the submitted Site Plan entitled "Use Permit Exhibit, Mini Price Storage at 3443 Virginia Beach Boulevard," prepared by Martin Engineering dated 01/28/14. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City Development Ordinances and Standards, the exterior design, materials and colors of the building shall be in substantial conformance with the following.: a. Elevation drawings entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard Concept Elevations, " prepared by Finley Design, Architecture + Interiors, dated January 28, 2013. Said Elevations have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. b. Perspective renderings entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard, Conceptual Perspective View 1 and 2," prepared by Finley Design, Architecture + Interiors, dated January 28, 2014. Said perspective renderings have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 3. The Construction / Development Site Plan submitted to the Development Services Center shall show at least one (1) handicapped -accessible parking space meeting the requirements of the Americans with Disabilities Act (ADA). 4. The applicant shall plant evergreen trees branching to the ground on twenty (20) foot centers along the rear 100 foot length of the eastern side of the building for the purpose of reducing the mass of the building visible along that portion of the property line. Trees should be a minimum of eight (8) foot to ten (10) foot high at the time of installation. June 17, 2014 -75 - Item -V-J.2 PLANNING ITEM #63933(Continued) 5. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan at the time of Construction / Development Site Plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level security lighting for non -business hours. 6. The applicant shall either remove or replace the chain-link fence along the eastern lot line, north of the building wall, and shall also remove or replace the chain-link fence along the southern lot line for a minimum distance of 150 feet from the southeast corner of the property. Barbed -wired shall not be installed on any part of the fence. 7. This Use Permit applies only to the easternmost part of the site (GPIN 14877413860000), as established by a distance from the eastern property westward of 165 feet. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross -Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Abstaining: Brad Martin June 17, 2014 BRAD MARTIN, P.E. COUNCILMAN -AT LARGE In Reply Refer to 0052138 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Virginia Beach June 17, 2014 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Dear Mrs. Fraser: VBgov.com PHONE: (757) 689-4840 CELL: (757) 574-5454 BMartin@vbgov.com Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Michael D. Sifen, Inc. (Applicant) for a conditional change of zoning at 2176, 2180, and 2208 General Booth Boulevard. 2. Martin Engineering, LLC is the engineer for this project. 3. I have a personal interest in Martin Engineering, LLC, which is located at 1060 Lynnhaven Parkway, Suite 111, Virginia Beach, VA 23452. 4. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 2401 COURTHOUSE DRIVE, SUITE 281, VIRGINIA BEACH, VA 23456 Mrs. Ruth Hodges Fraser -2- June 17, 2014 Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia Thank you for your assistance in this matter. Sincerely, BDM/RRI Brad D. Martin Councilmember -76 - Item -V-T.3 PLANNING ITEM #63934 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/REVISED CONDITION, BY CONSENT, Application of HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a Communication Tower at 5332 Shore Drive DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a Communication Tower at 5332 Shore Drive (GPIN 1469586638) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. The site shall be developed substantially in conformance with the submitted Plan package, consisting of three sheets (Title Sheet [T-1], Site Plan [Sheet Z- 1], and Compound Plan [Sheet C-1]), entitled "HRSD, Site Name: Chesapeake Elizabeth Plant 5332 Shore Drive, Virginia Beach, VA 23455, " prepared by NB+C Engineering Services, LLC and dated February 25, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The maximum height of the tower, including the lightning rod, shall not exceed the maximum height as determined by the Federal Aviation Administration (FAA) / Obstruction Evaluation (OE) Group. 2. Based upon a finding that there will be no significant detrimental effects on surrounding properties, the screening required by Section 232(f)(4) of the Zoning Ordinance shall be deleted, as the location of the tower within an existing secure, fenced site, limits visibility of the tower and its ground -level equipment. 3. The owner -operator of the tower shall provide for the collocation of additional wireless telecommunication providers. 4. The applicant and owner -operator of the tower shall coordinate with the Community Plans and Liaison Officer, Joint Expeditionary Base Little Creek - Fort Story (JEBLCFS) for the purpose of resolving the request of JEBLCFS for obstruction lighting for the tower with regard to its visibility as provided through night vision devices. A letter jointly signed by the Community Plans and Liaison Officer of JEBLCFS, the applicant, and the owner -operator of the tower which specifies the marking / lighting agreed to by all parties shall be submitted to the Planning Department / Current Planning. No permits for the tower shall be issued until said letter is submitted as indicated. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen June 17, 2014 -77 - Item -V-J.3 PLANNING ITEM #63934(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -78 - Item -V-J.4 PLANNING ITEM #63935 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of ROBERT JEFFERY MOREAU for a Conditional Use Permit re firearm sales and repair at 1405 Ships Landing DISTRICT 1 — CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of ROBERT JEFFERY MOREAU for a Conditional Use Permit re firearm sales and repair at 1405 Ships Landing (GPIN 1465467414) DISTRICT 1— CENTERVILLE The following conditions shall be required: 1. Any firearms, or firearm parts, kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a meeting at the property for the purpose of allowing for a security assessment. A report shall be written by the Police Department, a copy provided to the applicant (homeowner) and the Planning Department and the Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in revocation of the Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored, or awaiting transfer, at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identing the business on the exterior of any building on the property or within the yard of the property. 5. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no employees on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant 's property only, secured by the applicant 's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. June 17, 2014 -79 - Item -V-J.4 PLANNING ITEM #63935(Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen Voting.• 11-0 Council Members Voting Aye. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -80 - Item -V-J.5 PLANNING ITEM #63936 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of SUZETTE CIVIL -NOEL for a Conditional Use Permit re a Daycare at 1941 Glen View Court DISTRICT 1— CENTERVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SUZETTE CIVIL -NOEL for a Conditional Use Permit re a Daycare at 1941 Glen View Court (GPIN 1454885504) DISTRICT 1— CENTER VILLE The following conditions shall be required: 1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family [Child] Home Daycare at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. All play equipment associated with the Child Daycare business shall be located behind the front facade of the house and within the fenced yard area when open for business. 5. A non -illuminated sign, not more than one (1) square foot in area, identifying the Home Daycare, may be mounted flat against the house. 6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen June 17, 2014 -81 - Item -V-J.5 PLANNING ITEM #63936(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -82 - Item -V-J.6 PLANNING ITEM #63937 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DENIED, BY CONSENT, Application of RODNEY PRICE/AEGEAN ASSOCIATES for a Conditional Use Permit re truck and trailer rentals at 4720E Princess Anne Road DISTRICT 2 - KEMPSVILLE Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -83- Item -V-J.7 PLANNING ITEM #63938 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of MID ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC for a Conditional Use Permit re fuel sales and a convenience store at 720 Independence Boulevard DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of MID ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC for a Conditional Use Permit re fuel sales and a convenience store at 720 Independence Boulevard (GPIN 1478527314) DISTRICT 4 — BAYSIDE The following conditions shall be required: 1. Except as modified by any other conditions, of this Conditional Use Permit, or as necessary to comply with applicable City Development Ordinances and Standards, the site shall be developed in substantial conformance with the submitted Plan entitled "INDEPENDENCE BLVD., CONDITIONAL USE PERMIT CONCEPT", dated 4/01/2014, and prepared by Blakeway Corp. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Except as modified by any other conditions of this Conditional Use Permit, or as necessary to comply with applicable City Development Ordinances and Standards, the building shall be constructed in substantial conformance with the elevations entitled, "7 -Eleven, 720 INDEPENDENCE BLVD, VIRGINIA BEACH, VA 23455" prepared by HFA Architects, Engineers, Interiors, dated 06-03-14. Said elevations have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department 3. Except as modified by any other conditions of this Conditional Use Permit, specifically Condition #7 c. below, or as necessary to comply with applicable City Development Ordinances and Standards, the fuel canopy shall be constructed in substantial conformance with the elevations entitled, "7 -Eleven, 720 INDEPENDENCE BLVD, VIRGINIA BEACH, VA 23455" prepared by HFA Architects, Engineers, Interiors, dated 06-03-14. Said elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 4. Except as modified by any other conditions of this Conditional Use Permit, or as necessary to comply with applicable City Development Ordinances and Standards, the freestanding sign shall be monument style and constructed in substantial conformance with the elevation entitled, "Front Elevation & Side Detail, 7 -Eleven #1032513, 720 Independence Drive, Virginia Beach, VA., " prepared by Harbinger. Said elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. June 17, 2014 -84 - Item -V-J.7 PLANNING ITEM #63938(Continued) 5. Except as modified by any other conditions of this Conditional Use Permit, or as necessary to comply with applicable City Development Ordinances and Standards, the Plant materials shall be installed in substantial conformance with the Plan identified in Condition #1 above. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 7. Signage for the site shall be limited to: a. Directional signs b. One (1) monument style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter (1/4) of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents, installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. e. No outdoor vending machines and/or display of merchandise shall be allowed. 8. Bicycle racks shall be provided as depicted on the Plan identified in Condition #1 above and shall be depicted on the final Site Plan. 9. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole - mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non -business hours. 10. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 11. Pedestrian walkway(s) to the convenience store shall be provided as depicted on the Plan identified in Condition #1 above and from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final Site Plan. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen June 17, 2014 -85 - Item -V-J.7 PLANNING ITEM #63938(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -86 - Item -V-J.8 PLANNING ITEM #63939 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/CONDITIONED, BY CONSENT, Application of LARAE TUCKER and THE HAYGOOD BEACH, LLC/PHILIP RICHARDSON for a Conditional Use Permit re fuel sales and a convenience store at 4904 Haygood Road DISTRICT 4 - BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of LARAE TUCKER and THE HAYGOOD BEACH, LLC/PHILIP RICHARDSON for a Conditional Use Permit re fuel sales and a convenience store at 4904 Haygood Road (GPIN 1478047897) DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, the site shall be developed substantially in conformance with the submitted Plan entitled, "Haygood Road, Conditional Use Permit Layout Plan," prepared by Blakeway Corp, dated 04/14/14. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. Except as modified by any other conditions of this Use Permit, or as necessary to comply with applicable City Development Ordinances and Standards, the building and canopy shall be constructed in substantial conformance with the elevations entitled, "7 -Eleven, 4904 Haygood Road, Virginia Beach, VA 23455," prepared by HFA Architects, Engineers, Interiors, dated 05/13/14. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When developed, the plant materials shall be installed in substantial conformance with the submitted Landscape Plan entitled, "Haygood Road, Conditional Use Permit Landscape Plan, " prepared by Kathleen Zeren, dated 04/13/14. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. The dumpster shall be enclosed with a solid brick wall to match the building, as depicted on the elevations identified in Condition #2, and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 5. Signage for the site shall be limited to: a. Directional signs b. One (1) freestanding sign, no more than eight (8) feet in height and two (2) building and/or canopy signs June 17, 2014 -87 - Item -V-J.8 PLANNING ITEM #63939(Continued) c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter (1/4) of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents, installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. 6. No outdoor vending machines and/or display of merchandise shall be allowed. 7. Bicycle racks shall be provided as shown on the Plan identified in Condition #1 above, and shall be depicted on the final Site Plan. 8. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed, final Site Plan review. Said Plan shall include the location of all pole - mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non -business hours. 9. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the final Site Plan. 10. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final Site Plan. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen June 17, 2014 -88 - Item -V-J.8 PLANNING ITEM #63939(Continued) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 17, 2014 -89 - Item -V-J.9 PLANNING ITEM #63940 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED INDEFINATELY, BY CONSENT, Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from AG -1 and AG -2 Agricultural District to Conditional PD -H2 Planned Unit Development District at 2800 to 2900 Princess Anne Road (Deferred April 8, 2014) DISTRICT 7 — PRINCESS ANNE Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -90- Item-V-J.lOa/b PLANNING ITEM #63941 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED AS PROFFERED and CONDITIONED, BY CONSENT, Applications of VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC/City of Virginia Beach in Princess Anne Commons: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community Business District and AG -1 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re a Baseball Stadium b. Conditional Use Permit re a Baseball and Softball Tournament Complex BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC/City of Virginia Beach in Princess Anne Commons: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from B-2 Community Business District and AG -1 Agricultural District to Conditional B-2 Community Business District and a Conditional Use Permit re a Baseball Stadium (GPINs 1484871819; portion of 1484869245; portion of 1484879998) An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. CONDITIONS OF USE PERMIT (BASEBALL STADIUM) 1. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review, the Stadium and attached office/retail building shall be developed in substantial conformity with the conceptual renderings of the Stadium prepared by Dills Architects, and the conceptual site layout, labeled `PROJECT MASTER PLAN' and `Exhibit A, ' prepared by Dills Architects and VHB, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Parking in Parking Lot C (201 spaces) shall be shared with other venues within Princess Anne Commons for large events, as coordinated by the "Sportsplex Event Coordination Scheduling Committee" established by the City of Virginia Beach. 3. All way -finding and site identification signage shall be designed with materials compatible with the building exteriors on the Site and shall adhere to the Princess Anne Commons Design Guidelines. Said signs shall be approved by the Planning Director or his designee. 4. The applicant is responsible for obtaining all environmental permits, including wetland and stormwater permits, prior to construction. June 17, 2014 -91 - Item -V -J.10 PLANNING ITEM #63941(Continued) 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or Photometric Diagram Plan shall be submitted with the Development Site Plan for review by City staff. The Lighting Plan shall include the height of poles located in the parking lots along with the location of all pole -mounted and building mounted lighting fixtures. The Plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize reflection or glare toward properties and streets outside the site. b. Conditional Use Permit re a Baseball and Softball Tournament Complex(GPINs portions of 1484869245, 1494249673 and 1484879998) CONDITIONS OF USE PERMIT (TOURNAMENT COMPLEX) 1. With the exception of any modifications required by any of these conditions or as a result of Development Site Plan review, the Tournament Complex shall be developed in substantial conformity with the conceptual renderings of said Complex [as provided in this staff report], prepared by Dills Architects, and the conceptual site layout, labeled `PROJECT MASTER PLAN' and `Exhibit A, ' prepared by Dills Architects and VHB, which have been exhibited to the Virginia Beach City Council and on file with the Virginia Beach Department of Planning. 2. The park "open space" areas shown on the Plan referenced in Condition No. 6 shall be designed in coordination with the Department of Parks and Recreation /Planning and Design Office to ensure conformance with Parks and Recreation Design Standards. 3. A Tree Preservation Plan shall be prepared for the park "open space" area as part of the park design and approved by the City Arborist. 4. Applicant is responsible for obtaining all environmental permits, including wetland and stormwater permits, prior to construction. 5. All way -finding and site identification signage shall be designed with materials compatible with the building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines. Said signs shall be approved by the Planning Director or his designee. 6. Parking in Parking Lot D (1,195 spaces) shall be shared with other venues within Princess Anne Commons for large events, as coordinated by the "Sportsplex Event Coordination Scheduling Committee" established by the City of Virginia Beach. 7. All outdoor lighting shall be shielded to direct light and glare onto the Complex grounds. A Lighting or Photometric Diagram Plan shall be submitted with the Development Site Plan for review by City staff. The Lighting Plan shall include the height of poles located in the parking lots along with the location of all June 17, 2014 -92 - Item -V -J.10 PLANNING ITEM #63941(Continued) pole -mounted and building -mounted lighting fixtures. The Plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize reflection or glare toward properties and streets outside the site. 8. All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary structures exterior. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -93- Item-V-J.11a/b PLANNING ITEM #63942 The following individuals registered to speak: Eddie Bourdon, Attorney for Applicant, advised this too is a family business and has been so for almost fifty (50) years. In fact, it is the only towing company in the Southern part of the City. The reason for this request is the current location of the business was due to the improvements at the corner of Sandbridge and Princess Anne Roads. Todd Beck, 3505 Sandbridge Road, Phone: 641-0139 spoke in SUPPORT. Mr. Beck advised the area where the business is located has undergone a tremendous amount of change in the past ten (10) years. This small business adds a wonderful quality to this part of the City. Robert White, Jr., 3004 Seaboard Road, Phone: 621-0141 spoke in SUPPORT. Mr. White advised the business was in the same location for years: and, as a result of the much needed improvements at the intersection of Sandbridge and Princess Anne Roads, they are now forced to relocate. The owners of this company are very good people and provide an invaluable service to the Southern part of the City. Jamie Brookeover, 2113 Welbeck Lane, Phone: 472-6612 spoke in OPPOSITION. Mr. Brookeover expressed concern regarding the lack of buffer between the proposed site location and Princess Anne Road. He advised the homes in and around the location range in value from $400,000 to $900,000 and he feels that the property values will decrease as a result of this business relocating in the same area. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED WITH DELETION OF PROFFER NO. 1, Applications of SANDBRIDGE TOWING, INC/EDDIE LEE COOPER and LINDA A. ACKISS at Princess Anne Lane and Princess Anne Road: DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Community Business District b. Conditional Use Permit re a towing service and storage yard BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of SANDBRIDGE TOWING, INC/EDDIE LEE COOPER and LINDA A. ACKISS at Princess Anne Lane and Princess Anne Road (GPINpart of 2403974798) DISTRICT 7 — PRINCESS ANNE a. Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Community Business District An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court June 17, 2014 -94- Item-V-J.11 a/b PLANNING ITEM #63942(Continued) b. Conditional Use Permit re a towing service and storage yard The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, or as a result of Development Site Plan review, the site shall be developed substantially in conformance with the submitted Site Plan entitled "EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE- ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys, dated 17 June 2014, and `BUILDING RENDERING FOR SANDBRIDGE TOWING" dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. Prior to the submission of a Site Plan to the Development Services Center, the applicant shall meet jointly with the Department of Planning / Current Planning and the Department of Public Works / Traffic Engineering for the purpose of determining an appropriate ingress / egress point for the site that meets Public Works Standards. The ingress /egress point so determined shall be included on the Development Site Plans submitted to the Development Services Center. 3. The applicant shall obtain the required Encroachment Agreement from Landscape Management for all proposed landscaping shown in the public right-of-way. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. 4. Per Section 228(a) of the City Zoning Ordinance, the storage yard shall be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than six (6) feet in height, and Category VI landscaping; said fence shall be a maintenance free privacy style and be 100 percent (100%) opaque. 5. Per Section 228(b) of the City Zoning Ordinance, outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. The proposed eight (8) foot high monument -style sign shall have no more than seventy-five (75) square feet of signage per face. 7. Signage located on the proposed building shall be limited to the north facing facade and shall not exceed more than forty (40) square feet of area. Said signage shall be centered on the proposed parapet, and the sign shall not be internally illuminated. 8. All tow trucks shall be parked in the areas called out as "15 x 50 CARPORT" on the Site Plan referenced in Condition. June 17, 2014 -95- Item-V-J.11a/b PLANNING ITEM #63942(Continued) 9. There shall be no more than fifteen (15) vehicles stored on the site, notwithstanding any impounded vehicles being stored under contract to the Police Department of the City of Virginia Beach. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -96- Item-V-J.12a/b PLANNING ITEM #63943 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED INDEFINATELY, BY CONSENT, Applications of NEW CINGULAR WIRELESS PCS, LLC/CYPRESS POINT ENTERPRISES, INC. at 5340 Club Head Road DISTRICT 4 - BAYSIDE a. Conditional Change of Zoning from Conditional PD -H2 Planned Development District to Conditional P-1 Preservation District. b. Conditional Use Permit re a communication tower (deferred April 22, 2014) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -97 - Item -V -J.13 PLANNING ITEM #63944 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED/, BY CONSENT, Application of KEMPDEL, INC. — SHURNEY LANE for a Change of Zoning from Conditional PD -H2 District to P-1 Preservation District re open space for a condominium at 881 Shurney Lane DISTRICT 4 — BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of KEMPDEL, INC. — SHURNEY LANE for a Change of Zoning from Conditional PD -H2 District to P-1 Preservation District re open space for a condominium at 881 Shurney Lane (GPINs 1468443128; 1468444310) DISTRICT 4 — BAYSIDE An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of June, Two Thousand Fourteen Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -98- Item-V-J.I4a PLANNING ITEM #63945 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED INDEFINATELY, BY CONSENT, Applications of CITY OF VIRGINIA BEACH: a. AMEND 01803 and 1804 of the City Zoning Ordinance (CZO) re Special Regulations for Discretionary Development Applications for Residential Uses in the Oceanfront Resort District Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -99- Item-V-J.14b PLANNING ITEM #63946 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Applications of CITY OF VIRGINIA BEACH: b. AMEND 0400 and 401 of the City Zoning Ordinance (CZO) re the Purpose of the Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and Agricultural -Related Products, and to REPEAL §241 re Riding Academies and Horses for Hire or Boarding Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 I 1 AN ORDINANCE TO AMEND SECTIONS 400 AND 401 OF 2 THE CITY ZONING ORDINANCE, PERTAINING TO THE 3 PURPOSE OF THE AGRICULTURAL DISTRICTS, 4 PERMITTED USES IN THE DISTRICTS, AGRITOURISM 5 ACTIVITIES AND SALES OF AGRICULTURAL PRODUCTS 6 AND AGRICULTURAL -RELATED PRODUCTS AND TO 7 REPEAL SECTION 241 OF THE CITY ZONING 8 ORDINANCE, PERTAINING TO RIDING ACADEMIES AND 9 HORSES FOR HIRE OR BOARDING 10 11 Sections Amended: City Zoning Ordinance Sections 400 and 12 401 13 14 Section Repealed: City Zoning Ordinance Section 241 15 16 17 WHEREAS, the agricultural industry is one of the City of Virginia Beach's most 18 important economic activities, having an estimated economic impact of more than $119 19 Million Dollars in 2013; and 20 21 WHEREAS, local farms provide important products and services to the local 22 community, including fresh produce, meat, dairy products, eggs, and other agricultural 23 products; and 24 25 WHEREAS, farms also help to preserve open spaces, create employment, 26 reduce urban sprawl and maintain an agricultural land base, all of which contribute to 27 the health, well-being and sustainability of the City's economy; and 28 29 WHEREAS, agritourism helps to conserve farms by providing additional farm 30 income to local farmers, offsetting market fluctuations, building a stronger customer 31 base, and educating consumers about agriculture and local agricultural products; and 32 33 WHEREAS, agritourism and direct sales of farm products to the public provides 34 an opportunity for residents and visitors to enjoy fresh food, agricultural -themed 35 recreational, educational and entertainment activities, and the rural atmosphere of the 36 City's agricultural areas; and 37 38 WHEREAS, it is the desire of the City Council to encourage direct sales of farm 39 products and agritourism activities on agricultural operations while protecting against 40 substantial impacts to the public health, safety and general welfare, such as excessive 41 traffic, noise, erosion of the rural character of the City's agricultural areas and other 42 potential adverse land -use impacts; and P 43 WHEREAS, the public necessity, convenience, general welfare and good zoning 44 practice so require; 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 47 OF VIRGINIA BEACH, VIRGINIA: 48 49 That Sections 400 and 401 of the City Zoning Ordinance, pertaining to the 50 purpose of the Agricultural Districts and permitted uses in Agricultural Districts, are 51 hereby amended and reordained, and Section 241 of the City Zoning Ordinance, 52 pertaining to horses for hire or boarding, is hereby repealed, to read as follows: 53 54 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 55 TO ALL DISTRICTS 56 57 .... 58 59 C. CONDITIONAL USES AND STRUCTURES 60 61 62 63 64 65 66 67 68 69 70 71 72 73 The amendment repeals this section. The uses are now included as principal uses in the 74 Agricultural Districts with the same restrictions set forth in the repealed section. 75 76 77 78 [Reserved] horses for hire or boarding, not more than three (3) riding animals shall be kept for each acre of land within the site. All buildings housing animals, and all corrals in which animals are kept or assembled in concentrated -gimps, shall be at least one hundred (100) feet from any property line. COMMENT 2 79 ARTICLE 4. AGRICULTURAL DISTRICTS 80 81 Sec. 400. Legislative intent. 82 83 The purpose of the AG -1 and AG -2 Agricultural Districts is to protect and 84 preserve agricultural lands for agricultural functions, including agritourism and the direct 85 sale of agricultural and agricultural -related products to the public, and to protect and 86 preserve agricultural lands and activities in the rural areas of the city in harmony with 87 reasonable levels of rural residential development and in keeping with the special rural 88 character, environmental protection needs and limited rural infrastructure available. 89 90 COMMENT 91 92 The amendment adds a specific mention of agritourism to the recital of the purposes of the 93 Agricultural Zoning Districts. 94 95 Section 401. Use Regulations [Agricultural Districts]. 96 97 (a) Principal and conditional uses. The following chart lists those uses 98 permitted within the AG -1 and AG -2 Agricultural Districts. Those uses and structures in 99 the respective agricultural districts shall be permitted as either principal uses indicated 100 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an 101 "X" shall be prohibited in the respective districts. No uses or structures other than as 102 specified shall be permitted. 103 Use AG- 1 AG - 2 Agricultural, horticultural including P P aquacultural and uses operations, orchards, vineyards, nurseries and the raising and grazing of livestock, poultry and swine and the keeping of bees 3 104 Use AG- 1 AG - 2 Agricultural product sales, and sales of agricultural -related products, at P P buildings or structures no larger than 3,500 square feet in area, exclusive of rest rooms and hand -washing facilities, subject to the provisions of subsection (d) Agricultural product sales, and sales of agricultural -related products at C C buildings or structures larger than 3,500 square feet in area, exclusive of rest rooms and hand-washinq facilities, subject to the provisions of subsection (d) Agritourism activities meeting the requirements of subsection (c) P P Agritourism activities other than those meeting the requirements of P P subsection (c) and held no more than three (3) times per year, subject to the issuance of a Special Events Permit pursuant to City Code Section 4-1 Agritourism activities other than those meeting the requirements of C C subsection (c) and held more than three (3) times per year Animal hospitals, pounds, shelters, commercial and residential kennels C C Antennas, building -mounted P P Antique shops, except as provided below X X Antique shops within buildings listed on the Virginia Beach Historical Register C C Assembly uses C C Borrow pit C C Building -mounted antennas, subject to the requirements of Section 207 P P Cemetery, columbarium, crematory and mausoleum C C 4 105 106 107 I Use AG- 1 AG - 2 Child care education centers in connection with public or private elementary schools or religious uses P P Child care education centers, day nurseries, other than those permitted as principal uses and structures, when not operated by a public agency C C Communication towers meeting the requirements of Section 232(j) P P Communication towers, except as specified above C C Country inns C C Drive-in theaters C C Dwelling, single-family addition P P Dwellings, duplex X X Dwellings, single-family, except as specified in section 405(a) P P Dwellings, single-family, in accordance with section 405(a) C C Dwelling units, not to exceed one (1), located within livestock barns, to be occupied only by farm employees or persons related to the owner of the property by blood, marriage, adoption or approved foster care P P Family care homes, foster homes or group homes C C - • G G e hand facilities, to the and washing at activc agricultural operations, subject Sections 101(b)(1)(ii) through 401(b)(1)(v) provisions of Farm wineries, subject to the provisions of section 209.1 P P 5 108 109 110 111 112 113 114 115 116 117 118 119 120 Use AG- 1 AG - 2 Riding academies and horses for hire or boarding, including incidental sales P — S P — of tack, riding apparel and similar items used in the principal activity, limited to one hundred fifty (150) square feet of floor area within an existing barn used in conjunction with the principal activity; provided that not more than three (3) riding animals shall be kept for each acre of land within the site and that all buildings housing animals, and all corrals in which animals are kept or assembled in concentrated groups, shall be at least one hundred (100) feet from any property line. (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited toles (1) In connection with agricultural uses, no more than one (1) roads,ide set forth below, provided that: (i) No such stand shall have a total floor area in excess of two thousand, five hundred (2,500) square feet, excluding rest 121 (ii) No stand shall be erected within fifty (50) feet of the property 122 line fronting on any street; 123 (iii) The operator of thc stand must be thc owner or operator of 124 the agricultural property on which the stand is located; 125 (iv) A substantial portion of the items sold from the stand shall 126 have been grown, made or produced locally; 127 128 129 130 131 132 (v) Items sold shall be limited to farm produce, locally harvested crafted items, T shirts displaying --exclusively the name of the honey, maple syrup, jams, jellies, bottled water, locally 6 I 133 134 135 136 137 138 139 140 produced juices and cider, locally produced milk and other dairy products, relishes, pottery, locally produced baked goods, locally produced eggs, and similar items. Items which shall not be sold include, without limitation, tobacco allowed, pet and animal feed, and repackaged relabeled goods. 141 {2} An accessory activity operated for profit in a residential dwelling 142 unit where (i) there is no change in the outside appearance of the 143 building or premises or any visible or audible evidence detectable 144 from outside the building lot, either permanently or intermittently, of 145 the conduct of such business except for one (1) nonilluminated 146 identification sign not more than one (1) square foot in area 147 mounted flat against the residence; (ii) no traffic is generated, 148 including traffic by commercial delivery vehicles, by such activity in 149 greater volumes than would normally be expected in the 150 neighborhood, and any need for parking generated by the conduct 151 of such activity is met off the street and other than in a required 152 front yard; (iii) the activity is conducted on the premises which is the 153 bona fide residence of the principal practitioner, and no person 154 other than members of the immediate family occupying such 155 dwelling units is employed in the activity; (iv) such activity is 156 conducted only in the principal structure on the lot; (v) there are no 157 sales to the general public of products or merchandise from the 158 home, except for agricultural products, or agricultural -related 159 products, incidental to an agricultural operation on which the 160 dwelling unit is located; and (vi) the activity is specifically designed 161 or conducted to permit no more than one (1) patron, customer, or 162 pupil to be present on the premises at any one time. 163 Notwithstanding the provisions of clauses (ii) and (vi) hereof, 164 ministers, marriage commissioners and other persons authorized 165 by law to perform the rites of marriage may permit a maximum of 166 eight (8) persons on the premises at any one time in connection 167 with the performance of such rites, provided that all other 168 requirements of subdivision (b)(2) are met. The following are 169 specifically prohibited as accessory activities: Convalescent or 170 nursing homes, tourist homes, massage or tattoo parlors, body 7 171 172 173 174 175 176 177 178 179 180 181 182 I piercing establishments, radio or television repair shops, auto repair shops, or similar establishments. (c) Agritourism activities. Agriculturally relatcd educational activities and Is, hayridcs, crop mazes, animal walks, horse and pony rides, and similar activities Agritourism activities at which no more than two hundred fifty (250) persons, exclusive of residents of the property and employees at the activity, are in attendance at any one time shall be allowed as principal uses under the following conditions; provided, however, that activities involving the planting or harvesting of agricultural products shall not be subject to any limitation of the number of persons in attendance: 183 (1) Such activities, including all vehicular parking, shall be conducted in 184 conjunction with, an ongoing bona fidc held on the property of an 185 active agricultural or silvicultural operation, where such agricultural 186 operation is the principal use of the property; 187 (2) Vehicular parking shall not be allowed on any public streets, or 188 within one hundred (100) feet of any residence, except a residence 189 located on the site of the activity. There shall be a designated 190 vehicular parking area of sufficient area to accommodate the 191 anticipated number of motor vehicles on the site at such events; 192 193 (3) Such activities shall be conducted carried on only between the hours of 7:00 a.m. and sunset; and 194 (4) Signs shall be nonilluminated and limited to one sign not exceeding 195 sixteen (16) square feet in areal 196 (5) No outdoor amplified music shall be permitted within five hundred 197 (500) feet of any residence, except a residence located on the site 198 of the activity, and no such music shall be permitted at any time 199 before 10:00 a.m. 200 In the event any provision of this subsection conflicts or is otherwise inconsistent 201 with any other provision of this ordinance, the provisions of this subsection shall control; 202 provided, however, that no use otherwise permitted hereunder which constitutes, or 203 requires the excavation of, a borrow pit, as defined in section 111, shall be allowed 204 except by conditional use permit. 8 205 (d) Sales of agricultural products and agricultural -related products. The sale 206 of agricultural products or agriculture -related products, other than as allowed by 207 subsection (b), shall be subject to the following restrictions: 208 (1) Such sales shall be conducted upon, and as an integral part of, an 209 active agricultural operation owned or operated by the same 210 person or entity conducting such sales; and 211 (2) No farm stand or other building or structure in which merchandise is 212 offered for sale to the general public shall be: (i) greater than twelve 213 (12) feet in height, as measured from ground level to eaves, (ii) 214 located within fifty (50) feet of the property line abutting any street, 215 or (iii) open for business except between 7 a.m. and 8 p.m. 216 (e) Definitions. The following terms shall be defined as set forth herein: 217 (1) "Agricultural operation" means any operation devoted to the bona 218 fide production of crops, animals, or fowl, including the production 219 of fruits and vegetables of all kinds, meat, dairy, and poultry 220 products, nuts, tobacco, nursery, and floral products; and the 221 production and harvest of products from silvicultural or aquacultural 222 activity, but does not include the processing of agricultural products 223 or the above -ground application of sewage sludge. 224 (2) "Agricultural product" means any produce, livestock, poultry, 225 aquacultural, horticultural, floricultural, viticultural, silvicultural, or 226 other farm crops. 227 (3) "Agricultural -related product" means any product that is produced 228 as an incident of an agricultural operation. The term includes 229 honey, maple syrup, jams, jellies, preserves, relishes, juices, cider, 230 milk, ice cream and other dairy products, peanut butter, cheese, 231 eqqs, breads and other baked goods, fresh seafood, poultry and 232 other meats, ornamental plants, flowers, pottery, hanging baskets, 233 wood carvings, potholders and other hand-crafted items having an 234 agricultural theme, and similar items. In addition, bottled water, 235 soda and items of apparel displaying exclusively the name of the 236 farm stand or other identifying information concerning the owner or 237 operator of the farm stand shall be allowed, provided that the 238 display of such apparel shall not exceed ten per cent (10%) of the 239 floor area of the establishment, 9 240 (4) "Agritourism activity" means any activity carried out on a farm or 241 ranch that allows members of the general public, for recreational, 242 entertainment, or educational purposes, to view or enjoy rural 243 activities, including farming, wineries, ranching, historical, cultural, 244 harvest -your -own activities, equestrian events, or natural activities 245 and attractions. 246 An activity shall not be deemed an agritourism activity solely by 247 reason of its taking place on a farm or ranch. "Aqritourism activity" 248 does not include the following types of activity, among others not 249 specifically listed, but such activities may be allowed with a 250 conditional use permit for outdoor recreation or amusement or as a 251 special event as defined in section 4-1 of the City Code: (i) activities 252 involving motor vehicle competitions or other activities involving the 253 use of motor vehicles, other than farm vehicles; or (ii) the rental of a 254 farm or ranch, or portion thereof, for events such as weddings, 255 wedding receptions, parties, retreats, and other activities on a 256 regular basis, unless such events themselves consist primarily of 257 participation in an agritourism activity. 258 (5) "Farm" or "ranch" means one or more areas of land used for the 259 production, cultivation, growing, harvesting or processing of 260 agricultural products, the or raising or keeping of livestock. 261 262 COMMENT 263 264 The amendments to subsection (a) replace the provisions formerly in Section (401)(b), 265 pertaining to farm stands, with regulations pertaining to the sale of agricultural and agricultural - 266 related products at active agricultural operations. The area that such sales may occupy as a 267 principal use, exclusive of rest rooms and hand -washing facilities, is increased from 2,500 square 268 feet to 3.500 square feet. Larger areas are allowed as a conditional use. In addition, riding 269 academies and horse boarding are changed from conditional to principal uses and a very limited 270 amount of sales of items incidental to the principal activity, such as bridles, riding apparel, etc., are 271 allowed in conjunction with the use. 272 273 The amendments to subsection (b) eliminate subdivision (1) and revise the remainder of the 274 subsection to allow a limited amount of sales of agricultural products and agricultural -related 275 products from dwellings located on agricultural operations. 276 277 The amendments to subsection (c) establish a category of uses, entitled "agritourism 278 activities," and allow such activities at which no more than 250 persons are in attendance at any 10 279 one time, as a principal (by -right) use. An exception to the numerical limit for activities involving 280 the planting or harvesting of agricultural products is provided. The amendments also address 281 requirements for vehicular parking, hours of operation and amplified music. Agritourism activities 282 at which more than 250 persons are in attendance at any time are allowable under other provisions 283 of the City Zoning Ordinance or Special Events Ordinance (City Code Sections 4-1 et seq.) 284 285 Subsection (d) sets forth regulations for the sale of agricultural and agricultural -related 286 products. The regulations, other than the increase in permitted size set forth in subsection (a), are 287 substantially unchanged, except that the maximum height of an establishment is increased from ten 288 to twelve feet, as measured from ground level to the eaves, and a few additional items that may be 289 sold are added. 290 291 Subsection (e) contains the definitions of various terms. Except for the definition of 292 "agricultural -related product," which is undefined in the Virginia Code, the definitions are taken 293 from the Virginia Code's definitions of the terms, with minor additions for purposes of 294 clarification. 295 296 Adopted by the Council of the City of Virginia Beach, Virginia, on the 297 17th day of June , 2014 APPROVED AS TO CONTENT: CA -12899 R-5 May 20, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 11 -100- Item-V-J.14c PLANNING ITEM #63947 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Applications of CITY OF VIRGINIA BEACH: c. AMEND the City Zoning Ordinance (CZO) re Oceanfront Resort District Height Map by changing the height zone at 1609 and 1701 Atlantic Avenue Voting: 11-0 Council Members Voting Aye. Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 17, 2014 1 AN ORDINANCE TO AMEND THE OCEANFRONT 2 RESORT DISTRICT HEIGHT MAP BY CHANGING THE 3 HEIGHT ZONE OF PROPERTIES LOCATED AT 1609 AND 4 1701 ATLANTIC AVENUE 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That the Oceanfront Resort District Height Map is hereby amended by changing 10 the Height Zone designation of those certain parcels located at 1701 Atlantic Avenue 11 (GPIN 24271792910000) and 1609 Atlantic Avenue (GPIN 24272700650000) from the 12 Height Zone designated as "Public and Open Space" to the Height Zone designated as 13 "200 Feet", as shown on the map marked "Oceanfront Resort District Height Map, July 14 10, 2012, REVISED June 3, 2014", which map was exhibited to the City Council this 15 date and is on file in the Department of Planning. 16 COMMENT 17 The ordinance increases the maximum height of structures located at the referenced parcels 18 to two hundred (200) feet, as shown on the Oceanfront Resort District Height Map. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day 21 of June , 2014. 22 APPROVED AS T 1 ' �1.11)1011rvI Planning D artment V , NTENT: CA -12985 R-1 April 3, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office • -101- Item-V-J.14d PLANNING ITEM #63948 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Applications of CITY OF VIRGINIA BEACH: d. Street Closure re a portion of former Oakmears Crescent now part of relocated Princess Anne Road Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 2,129 SQ. FT. PORTION OF 4 THE FORMER OAKMEARS CRESCENT 5 RIGHT-OF-WAY, NOW PART OF PRINCESS 6 ANNE ROAD (RELOCATED) 7 8 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of 10 improved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right -of - 13 way be discontinued, closed, and vacated, subject to certain conditions having been 14 met on or before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of right-of-way be discontinued, 22 closed and vacated, subject to certain conditions being met on or before one (1) year 23 from City Council's adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as "PROPOSED STREET CLOSURE (2,129 SQ. 28 FT., 0.049 AC.)" shown as the cross -hatched area on that 29 certain plat entitled: "STREET CLOSURE EXHIBIT OF 30 2,129 SQ. FT. (0.049 AC.) OF PRINCESS ANNE ROAD 31 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK 32 PLAT RECORDED IN M.B. 170, P. 42 IN THE CLERK'S 33 OFFICE OF THE CIRCUIT COURT OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA 35 FOR VIRGINIA BEACH ECONOMIC DEVELOPMENT" 36 Scale 1" = 60', dated February 10, 2012, prepared by wpl 37 Landscape Architecture Land Surveying Civil Engineering, a 38 copy of which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 GPIN: Right-of-way / no GPIN assigned 46 Adjacent to GPIN 1466-68-6554 1 47 1. The City Attorney's Office will make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City is normally 49 determined according to the "Policy Regarding Purchase of City's Interest in Streets 50 Pursuant to Street Closures," approved by City Council. Copies of the policy are 51 available in the Planning Department. No purchase price shall be charged in this street 52 closure, however, because the City is both the owner of the underlying fee and the 53 applicant seeking this street closure. 54 55 2. The Applicant shall resubdivide the property and vacate internal lot lines to 56 incorporate the closed area of the former Oakmears Crescent, containing 2,129 sq. ft. 57 (0.049 Acre), into the adjacent parcel owned by the City. The new parcel to be 58 established will contain approximately 10 acres of property. The plat must be submitted 59 and approved for recordation prior to final street closure approval. 60 61 3. The Applicant shall verify that no private utilities exist within the right -of - 62 way areas proposed for closure. If private utilities do exist, easements satisfactory to the 63 utility company must be provided. 64 65 4. Closure of the right-of-way shall be contingent upon compliance with the 66 above stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved within one year of 68 the City Council vote to close the 2 rights-of-way, this approval shall be considered null 69 and void. 70 71 SECTION III 72 73 1. If the preceding conditions are not fulfilled on or before June 16, 2015, 74 this Ordinance will be deemed null and void without further action by the City Council. 75 76 2. If all conditions are met on or before June 16, 2015, the date of final 77 closure is the date the street closure ordinance is recorded by the City Attorney. 78 79 3. The City Manager or his designee is authorized to execute whatever 80 documents, if any, that may be necessary to meet the conditions, provided said 81 documents are approved by the City Attorney's Office. 82 83 SECTION IV 84 85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 87 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee." 88 89 Adopted by the Council of the City of Virginia Beach, Virginia, on this 90 17th day of June , 2014. 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12961 \\vbgov.com\DFSIWpplications\CityIawProd\cycom32\Wpdocs\DO28\P014\00012538.DOC R-1 June 6, 2014 3 APPROVED AS TO CONTENT EXHIBIT A N 5829'07' E 1.75' 15' DRAINAGE EASEMENT (M.B. 114, P. 21) 10' EASEMENT OF DOMINION VA POWER (FORMERLY VEPCo) (0.5. 1706, P. 321) N 171652'WJ� 49.31' 0 W Ow g3 wo N az x - z 3 w / / / \ 17 N N 's N / 8' EASEMENT OF DOMINION / NN`N\ ''', VA POWER (FORMERLY VEPCo) --/\'NN (D. B. 2186, P. 2034) /N.. N. / 20' DRAINAGE EASEMENT Ns ` (M.B. 114, P. 21) /\.' N. / N/F N ..r. OAKMEARS INVESTORS, LLC ''•,„,..6 68 6554 146 - - 0.6. 4081, P. 1601) JIMMY V. ROSE �I \ 1466-68-5709 N.. y` , (0.8. 2479. P. 1217) (M.B. 114, P. 21) I / 1 E" . I ./ VAR WIDTH TEMPORARY CONSTRUCTION EASEMENT (INST 200910190012196 / LOT 5 KEFPSV/LLE OFF/CE PARK ..„- — _L _ �� /� .... \ G...... gf,�f....._ _ ...f _. _ ..(1 H(o�aTi pN op / I. \ (AB (oR,uE�40N7o y 10' (✓ \ \ PROPOSED R/W UNE 1964 a) ) \ \ 5' EASEMENT F(FORMERLY CHESAPEAKE &POTOMAC TELEPHONE COMPANY OF VIRGINIA (6.8. 1960, P. 448) APPROX LOCATION OF 10' / / EASEMENT OF DOMINION VA POWER (FORMERLY VEPCo) / / (6.8. 1964, P. 578) / (M.B. 170, P. 42) / T 70) APPROX LOCATION OF 10' / EASEMENT OF DOMINION VA POWER (FORMERLY VEPCo) r (D.B. 2059, P. 564) / EXISTING R/W UNE �°" n SEE SHEET 2 OF 2 FOR ADDITIONAL NOTES AND CURVE DATA/TABLE 10' EASEMENT OF VERIZON (FORMERLY CHESAPEAKE & POTOMAC TELEPHONE COMPANY OF VIRGINIA) (D.B. 1960, P. 448) 5' UTILITY EASEMENT (M.D. 114, P. 21) U 1 N 42'10'00' W 24.54' Cl 00. 5' DRAINAGE & UTILITY EASEMENT (M.B. 114, P. 21) N/F KEMPSVILLE OFFICE PARK (A (A CONDOMINIUM) • 6'p. 1466-68-8515 10' EAS EMENT OF DOMINION VA POWER (INST 200306110089864) (RLY VEPCo)(D.8. 1706, P. 323) & (INST 200306110089863) 1 NAGE EASEMENT (MB. 114. P. 21) FORME 0' DRAT VAR WIDTH PERMANENT DRAINAGE EASEMENT (INST 20091019001219670) PROPOSED STREET CLOSURE (2,129 SO. FT., 0.049 AC.) d STREET CLOSURE EXHIBIT OF 2,129 SQ. FTF (0.049 AC.) O PRINCESS ANNE ROAD T = ADJACENT TO _ - LOT 56, KEMPSVILLE OFFICE PAOFCLERK'S OFFICE RK PLAT HE(INST 20RECORD0 00URT OF THE TY¢2 OFIN THE VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA Landscape Architecture For Land Surveying VIRGINIA BEACH ECONOMIC DEVELOPMENT Civil Engmeermg B S1E 6 TR 42 2 10 FEBRUARY, 2012 IKe.com 757.431.1041 742 Ub1N1G AM wait EAI7i VA 23452 SCALE: 1 " = 60' CAD/chk: TMF/els . VIRGINIA BEACH, VIRGINIA ! F.B. PG. I PLAT: JN: 211-0348 W:\General Survey\211-0348 PA & Witchduck Development\Drawings\211-0348_STCLO5E c SHEET 1 OF 2 -102- Item-V-J.14e PLANNING ITEM #63949 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Applications of CITY OF VIRGINIA BEACH: e. Street Closure re unimproved right-of-way of Oahmears Crescent Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None June 17, 2014 1 ORDINANCE APPROVING APPLICATION OF 2 THE CITY OF VIRGINIA BEACH FOR THE 3 CLOSURE OF A 54,378 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 KNOWN AS OAKMEARS CRESCENT 6 (RELOCATED) 7 8 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council 9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of 10 unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of 13 unimproved right-of-way be discontinued, closed, and vacated, subject to certain 14 conditions having been met on or before one (1) year from City Council's adoption of 15 this Ordinance; 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 18 Virginia Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of right-of-way be discontinued, 23 closed and vacated, subject to certain conditions being met on or before one (1) year 24 from City Council's adoption of this ordinance: 25 26 All that certain piece or parcel of land situate, lying and being 27 in the City of Virginia Beach, Virginia, designated and 28 described as "PROPOSED STREET CLOSURE (54,378 29 SQ. FT., 1.248 AC.)" shown as the cross -hatched area on 30 that certain plat entitled: "STREET CLOSURE EXHIBIT OF 31 54,378 SQ. FT. (1.248 AC.) OF OAKMEARS CRESCENT 32 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK (M.B. 33 170, P. 42), FAIRFIELD, SECTION FIVE (M.B. 87. P. 16) 34 PROPERTY OF VINCENTE N. RONO, JR. & CONCHETA 35 N. RONO (M.B. 146, P. 32), PARCEL 1, RESTMERE (M.B. 36 32. P. 50), LOT 7, KEMPSVILLE OFFICE PARK (M.B. 114, 37 P. 21) AND PLAT OF KEMPS LANDING SCHOOL (M.B. 38 242, P. 40) PLATS RECORDED IN THE CLERK'S OFFICE 39 OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA 40 BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA FOR 41 42 GPIN: Right-of-way / no GPIN assigned 43 Adjacent to GPINs 1466-68-6554, 1466-68-2683, 44 1466-68-3419, 1466-68-3411, and 1466-68-4219 1 45 VIRGINIA BEACH ECONOMIC DEVELOPMENT" Scale 1" = 46 100', dated February 10, 2012, prepared by wpl Landscape 47 Architecture Land Surveying Civil Engineering, a copy of 48 which is attached hereto as Exhibit A. 49 50 SECTION 11 51 52 The following conditions must be met on or before one (1) year from City 53 Council's adoption of this ordinance: 54 55 1. The City Attorney's Office will make the final determination regarding 56 ownership of the underlying fee. The purchase price to be paid to the City is normally 57 determined according to the "Policy Regarding Purchase of City's Interest in Streets 58 Pursuant to Street Closures," approved by City Council. Copies of the policy are 59 available in the Planning Department. No purchase price shall be charged in this street 60 closure, however, because the City is both the owner of the underlying fee and the 61 applicant seeking this street closure. 62 63 2. The Applicant shall resubdivide the property and vacate internal lot lines to 64 incorporate the closed area of the unimproved right-of-way now known as Oakmears 65 Crescent (relocated) containing 54,378 sq. ft. (1.248 Acre), into the adjacent parcels 66 owned by the City. The new parcel to be established will contain approximately 10 acres 67 of property. The plat must be submitted and approved for recordation prior to final 68 street closure approval. 69 70 3. The Applicant shall verify that no private utilities exist within the right-of- 71 way area proposed for closure. If private utilities do exist, easements satisfactory to the 72 utility company must be provided. 73 74 4. Closure of the right-of-way shall be contingent upon compliance with the 75 above stated conditions within 365 days of approval by City Council. If the conditions 76 noted above are not accomplished and the final plat is not approved within one year of 77 the City Council vote to close the right-of-way, this approval shall be considered null and 78 void. 79 80 SECTION III 81 82 1. If the preceding conditions are not fulfilled on or before June 16, 2015, 83 this Ordinance will be deemed null and void without further action by the City Council. 84 85 2. If all conditions are met on or before June 16, 2015, the date of final 86 closure is the date the street closure ordinance is recorded by the City Attorney. 87 88 3. The City Manager or his designee is authorized to execute whatever 89 documents, if any, that may be necessary to meet the conditions, provided said 90 documents are approved by the City Attorney's Office. 2 91 SECTION IV 92 93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 94 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 95 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee." 96 97 17th Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 day of June , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA12962 \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\DO28\P014\00012539.DOC R-1 June 6, 2014 3 APPROVED AS TO CONTENT VIRGINIA BEACH FINANCIAL CENTER, INC, ; 465-C4-.3E59P (C. 42(3. 42(3. P [kill 7. P. 53; N.B. 32, P. 50) i -C;432 Fti‘f EXHIBIT A It--ROPOSED R/w LIAZ 15' FA5.1.1:14-E•Vil t C04.1:11i,`CIA.4V Pact.% 1:r.0 2ZILV-F.Y.WM9 7C -$G) r.Y4'.7.7 2C 1 7C52) DaSAVA451 PVW LAE t 5tp' &.--64E,yr •" (In 8761 LTH OPP TRAVIS ti v r Lic. No, 2878 it, if 1 0 KPFROX ,..CCALON CF E-t'1•111:4.1E.t.if E01,111itat (PX11.1E111r 7C5g, P. 5544 N/F 'JIMMY V. ROSE 4466-68-57419 (0.5. 2479, P. 1217) 114. P. 20 N/F OAKMEARS INVESTORS, LLC 1455-6E-6554 (D.E1 40$1., P. tun) (61.8. 170, P. 42) --"`` 4:••••-•" t VkH jr 1t TEIMP,MY c.w.,int11:104 L',05EVEN7 t'.GT 2C010195i11119672) PRoPosED STREET aosuRE (5.6.578 SO. F7, 1.248 AO) kitt. 101K KkAtAnit.1 Da4r44,.. EASEIErd SST 2N9101'..4:9121957.0,. 1 14,4 -ttt c5e, 0, 66 . 24C4ct Sii rr0*, THE SCHOOL BOARD OF zos," THE CITY OF VIRGINIA BEACH ...zosorTittlatomat Landscape A-chat...du!! Lend Svrretisn C*61 Enqirevirq rP11.4.com 757.431.1 I 147 11SMC T* gE. 3 %Cm .1c4. 34. 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I PLAT: - I -103 - ITEM V -K APPOINTMENTS ITEM #63950 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION WETLANDS BOARD June 17, 2014 -104 - ITEM V -K APPOINTMENTS ITEM #63951 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: LINWOOD O. BRANCH, HI DOROTHY WOOD Four year term 09/01/2014 — 08/31/2018 DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -105 - ITEM V -K APPOINTMENTS ITEM #63952 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: HAL BREEDLOVE Unexpired term thru 03/31/2015 plus three years to 03/31/2018 HEALTH SERVICES ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -106 - ITEM V -K APPOINTMENTS ITEM #63953 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: NONY E. ABRAJANO BRIAN P. DEWAN Three year term 09/01/2014 — 08/31/2017 INVESTIGATIVE REVIEW PANEL Voting: 11-0 Council Members Voting Aye: Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -107 - ITEM V -K APPOINTMENTS ITEM #63954 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOAN DAVIS — PRINCESS ANNE SHARON FELTON — AT LARGE MICHAEL FENTRESS - BAYSIDE Three year term 09/01/2014 — 08/31/2017 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -108 - ITEM V -K APPOINTMENTS ITEM #63955 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: JOSEPH W. HOOD CHERYL SAVAGE GUY K. TOWER Three year term 09/01/2014 — 08/31/2017 and COUNCIL LADYAMELL4 ROSS-HAMMOND CITY COUNCIL LIAISON No term PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay. None Council Members Absent: None June 17, 2014 -109 - ITEM V -K APPOINTMENTS ITEM #63956 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: RICHARD A. ALAGHAN TERRY JENKINS Three year term 09/01/2014 — 08/31/2017 REVIEW AND ALLOCATION COMMITTEE (COG) Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -110 - ITEM V -K APPOINTMENTS ITEM #63957 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: MICHAEL CULLIPHER M. BENJAMIN DAVENPORT No term 2040 VISION TO ACTION COMMUNITY COALITION Voting: 11-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross - Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 17, 2014 -111 - Item -V-N ADJOURNMENT ITEM #63958 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 7:53 P.M. A n Finley -Barnes, CMC Chief Deputy City Clerk th Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia June 17, 2014