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JULY 7, 2015 MINUTES
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 70.17^,,�NiA'BEq b MAYOR WILLIAM D.SESSOMS,JR.,At-Large 4 o.':`° c VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,At Large � ROBERT M.DYER,Centerville-District IU }br. _�,''y BARBARA M.HENLEY Princess Anne District 7 -- SHANNON DS KANE,Rose Hall-District 3 oaI'i-rf JOHN D.MOSS,At Large +o ' AMELIA ROSS-HAMMOND,Kenzpsville-District 2 o-s°F OUR JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER--JAMES K.SPORE CITYATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDONS.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC 7 July 2015 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 3:00 PM A. INTEGRATED HOUSING STRATEGY Andrew Friedman, Director- Housing and Neighborhood Preservation B. ECONOMIC VITALITY James K. Spore, City Manager C. BIO-MEDICAL INITIATIVE Warren Harris, Director—Economic Development D. VETERANS CARE CENTER Warren Harris, Director—Economic Development II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend John Ames, Pastor Third Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 16, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. SENATOR MCWATERS APPRECIATION Senator Jeffrey and Mrs. McWaters I. PUBLIC HEARING 1. ACQUISITION and CONDEMNATION re road improvements Princess Anne, Pleasant Ridge and West Neck Roads J. ORDINANCES 1. Ordinance to AUTHORIZE Acquisition by Agreement or Condemnation of rights-of-way for intersection improvements at Princess Anne, West Neck and Pleasant Ridge Roads 2. Ordinance to AUTHORIZE the sale of School Board property adjacent to Kempsville Elementary School to the City re a Pump Station; and, ALLOW retention of sale proceeds to the School Board 3. Ordinance to AUTHORIZE Temporary Encroachments into City-owned property for LLEWELLYN E. AND TERESA S. JALBERT,known as Lake Wesley, for floating piers at 512 Kerry Lane DISTRICT 6—BEACH 4. Ordinance to AMEND the FY 2015-2016 Budget of Housing and Neighborhood Preservation re adjustments to Federal Funding Grants for the Housing Choice Voucher Program, HUD-VA Supportive Program, Community Planning and Development Funds and Continuum of Care- Housing First Grant 5. Ordinance to APPROPRIATE $15,000 from the Eighth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception; and, AUTHORIZE donations to The Urban League, The Global Studies and World Languages Academy at Tallwood High School and the VBPS STEM Robotic Challenge 6. Ordinance to ACCEPT and APPROPRIATE an $8,000 Grant from the Virginia Alcohol Beverage Control Commission (ABC) to Human Services' Social Media Awareness Campaign re underage alcohol consumption K. PLANNING 1. CAVALIER VENTURES,LLC/CAVALIER ASSOCIATES,LLC for a Conditional Use Permit re a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. WHLR—LASKIN ROAD,LLC for a Conditional Use Permit re a Marina at 948 Laskin Road DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 3. SHORE DRIVE FARM MARKET, LLC and SHORE PAR REALTY for a Conditional Use Permit re an Open Air Farm Market at 2961 Shore Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 4. C.P. MARINE & DIESEL SERVICES,INC/SPENCO, L.P. for a Conditional Use Permit re Auto Repair at 1399 Air Rail Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL '5. (a) PAUL S. BROWN FAMILY,LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard (b) BT HOLDINGS III,LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads: DISTRICT 7—PRINCESS ANNE PLANNING COMMISSION RECOMMENDATION: APPROVAL APPLICANT REQUESTS: INDEFINITE DEFERRAL 6. CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. §1700 of the City Zoning Ordinance to reference the Shore Drive Corridor Plan and the Shore Drive Corridor Design Guidelines b. §§111, 209.1, and 401, Defining"Farm Distillery", setting forth General Requirements for the Use and Allowing same as a Principal Use in the AG-1 and AG-2 Agricultural Districts RECOMMENDATION: APPROVAL L. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB DEVELOPMENT AUTHORITY INVESTIGATIVE REVIEW PANEL PARKS and RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA MUSEUM OF CONTEMPORARY ART—TRUSTEES M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 7/7/15 st -1- C0 ! yR a o .1 41 uh,: 1.4,,: a...,14, VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 7, 2015 Mayor William D. Sessoms, Jr., called to order City Manager's Briefing, in the City Council Conference Room, Tuesday, July 7, 2015, at 3:00 P.M Council Members Present: M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: John D. Moss attending annual Boy Scout Camp July 7, 2015 -2- CITY MANAGER'S BRIEFING INTERGRATED HOUSING STRATEGY ITEM#64984 3:00 P.M. Mayor Sessoms welcomed Andrew Friedman, Director—Housing and Neighborhood Preservation. Mr. Friedman expressed his appreciation to City Council for their continued support on this project: June 23,2015 Department of Housing and Neighborhood Preservation kt,... . VIRGINIA EIS 1 .` IOUSI 7 STRA' YIIIEVIN ,,� VISI IN .. The goal is to frame the housing strategy with the overall goals for the City as adopted by City Council: Envision 2040 Virginia Beach is the most livable coastal community in the world located within the southern Chesapeake Bay region, it is defined by its rich natural resources and exciting, diverse, and interconnected neighborhoods. Quality of Life in 2040 Virginia Beach is a dynamic place to live,work, raise a family and grow older.We are friendly,caring,connected to one another and welcome visitors. Our neigh�x� oods provide a variety of affordable housing alternati , meet the needs of all o including y . professionals,families and senior citizens: diffitt„is' "?*11:-.. ' „„ , ,,s--;.**6.:4, ' , July 7, 2015 -3- CITY MANAGER'S BRIEFING INTERGRATED HOUSING STRATEGY ITEM#64984 (Continued) One of the City Council priorities is to address the "aging housing stock": C0`,.'11.,', it Direction Council's priority of"Aging Housing Stock" Council's goals from the Comprehensive Plan — i girt;: Ee ;a vt? City With vii.1rart jeii- r unt i) t t cirit}r-' - ;:)'j ci_: it`a ie of s rtrcl. ie i s ' i h:o hits .ife. 4S4 Below summarizes the importance of Housing and Neighborhoods to the City: Importance of Housing and Neighborhoods Owner-occupied housing (about 60% of our housing stock) represents most people's biggest asset and potential wealth. When we work to help maintain those values, everyone wins. Nearly 40% of our households rent,and that rent is a significant source -f in for property ow July 7, 2015 -4- CIT YMANAGER 'S BRIEFING INTERGRATED HOUSING STRATEGY ITEM#64984 (Continued) Importance of Housing and "4eighborhoods (2) Residential, apartment, and agriculture properties comprise 83.1% of the City's real estate tax base, with co ercial and industrial properties constituting 16.9% of the tax base. The percentage of tke tax base for: commercial grope re tax se .1 the current year .( Real Estate `' r FY 1 ="i rep ; d ate.x , ' 4l-: Residential properties are 83%of the City's Real Estate Tax Base: Ileal Estate Tax Base- inions of SS Commercial,, $8.813 , WV4 . July 7, 2015 -5- CI TED BRIEFINEGY INTERGRATED HOUSING STRAT ITEM#64984 (Continued) Below are considerations for City Council: Considerations Virginia Beach has changed since it was the fastest growing city in the country. With slower growth, we are seeing different development plans and aging housing. We need to study and plan to insur we • maintain our trajectory toward Ochi our goal for V 040. " ": An outline of � evelop . ,a presented fedback F1' Below are the issues the City must address: Issues to Address What are the best ways to insure the preservation and enhancement of our diverse housing stock? �� How can we preserve the tyl and character of our�neighborhoods while insuring continued investment and ti revitalization? , How can merge b: ma cch futur » a " types,ari co '� �� need � , "3" {� population . July 7, 2015 -6- CITY MANAGER'S BRIEFING INTERGRATED HOUSING STRATEGY ITEM#64984 (Continued) Below is an outline to develop an integrated and long-term strategy to address Housing issues within the City: Outline Develop an integrated and long-term strategy to address housing issues, based on best available information and best,practices, by: —Reviewing current plans —Engaging expert(s) to study issues and best practices, and forecast trends —Conducting a review t current p ins —Conducting co tiity conn io x —Brin trig recd ndations mow} _ Review Current Plans The 2008 "Housing and Neighborhood Preservation Plan" was developed by the Planning Commission to address these issues and presented to City Council at that time. It includes The Pattern Book-;completed A tax abatement program PO4.4taPn due to the A review of all in this r it provide a fou r new A s July 7, 2015 -7- CITY MANAGER'S BRIEFING INTERGRATED HOUSING STRATEGY ITEM#64984 (Continued) Review Current Plans (2) The Housing and Neighborhoods Chapter of the 2009 Comprehensive Plan includes action items designed to achie # using affordability and neighborhood Preservation We will also review these items as a foundation of the newv plain, and To the extent thatto timing al o we will include: r propost ,� update of the hensi - tt" r Wyk g Experts Engag�,in We will conduct an RFP process to obtain a state or national-level organization to study and report on population and housing trends, including: ° � ' needs of sub-groups inidtg seniors and the disabled housing condition , �" best practices 7..,„-:1-, ki.„,'7.41r ;4,,, fving affordability . ervatio r July 7, 2015 -8- CITY MANAGER'S BRIEFING INTERGRATED HOUSING STRATEGY ITEM#64984 (Continued) Reviewing Programs The following activities and programs have formed the basis of our ongoing work that we believe has been successful to date. However, a review of howhey may need to be changed or enhanced to meet future needs is appropriate . 4111 moo • - ousingr Affordability Programs - Housing choice voucher programs - Development financing - Homeless assistance and short term housing assistance programs Neighborhood and Housing Preservation Programs — Code Ery€orcemer - ultiple progr q : — Rental 1nspecti' - owner-occu ilitation p og s July 7, 2015 -9- CITYMANAGER'S BRIEFING INTERGRATED HOUSING STRATEGY ITEM#64984 (Continued) conducting Community Conversations During and upon completion of the housing studies, we will consultwit h ekey community and industry gr , d provide opportunities for c v c leagues and individuals to discuss opportunities and options for action. Based on the stns sand co i �� .gid input, we'll desaposais to cons d r. 4 • pa. Below is the schedule of activities: Schedule of Activities Summer — contract for studies/begin studies Fall/Winter— receive result &review; conduct community conversations 1i.. ." Early Spring —present results to City Manager, then Council s ,,;‘.,....,.....,:,t, '.° July 7, 2015 -10- CITY MANAGER'S BRIEFING INTERGRATED HOUSING STRATEGY ITEM#64984 (Continued) Thank you — ).our questions and comments. - Mayor Sessoms thanked Mr. Friedman and the City Staff for their work on this project. July 7, 2015 -11- CITY MANAGER'S BRIEFING ECONOMIC VITALITY ITEM#64985 3:15 P.M. Mayor Sessoms welcomed James K. Spore, City Manager. Mr. Spore expressed his appreciation to City Council for their continued support: s e • City Council BriefingJuly 7,2015 ma . : 't. Mr. Spore advised a discouraging report came out recently regarding the State's financial results for 2014 and what this means for the economic vitality of the area. The "Benchmarking Study" was presented to the Hampton Roads Planning District Commission (HRPDC) recently. The City Manager used a few of the slides to help set the context. The Report looks at thirty-five (35) metropolitan areas in the Country with a population of 1-to-3 Million and Hampton Roads has a population of 1.7 Million. a r: t Article 06.13.15 a V t d�y� THE LOCAL ECONOMONY �'. POSSILBY SHRANK t4. 9J LAST YEAR �t qF BUT IT WILL YI PROBABLY .' EXPAND A LITTLE BIT r'Ir HIS YEAR ii IB � ti ,.:.........: mir.,._,.., .�„y�� .....,.»._s� a G�....,w _ July 7, 2015 -12- CITY MANAGER'S BRIEFING ECONOMIC VITALITY ITEM#64985 (Continued) This is the tenth year the Report has been provided. There are a series of 154 indicators: ' l .4 4 • - Hampton Roads is "dead last" in the three-year employment growth indicator with only a 0.47%growth rate. Charlotte and Raleigh, North Carolina are often used as comparable markets and both are at a 3% growth rate. ar Employment Growth end Reference MSAs � ' Jeal M ..�,, i. Annualized Percent Change in Total Employment E r, U.S.Metre Area Average; y 1811b I Lllyo ffi O.h7% P S (7 05°/ OOk R -,-,,,- Metropolitan Areas with Population between 1 and 3 Million ... �^.k.vJ�..e...xu .... ..6 ..........v,,,._Lrt„�: July 7, 2015 -13- CITY MANAGER'S BRIEFING ECONOMIC VITALITY ITEM#64985 (Continued) Each of the seventeen (17)communities that make-up Hampton Roads has a "Profile Page". The City's employment growth during 2008—2013 was a negative 2.6%, which is lower today than it was five (5) years ago. 777, -eachf Profile � �" ° Virginia Beach , t 4 .0'1441' ..` w �b� MA A SW IA SA. Hampton Roads Gross Product is growing at a rate of 0.4%, which is about 1/8" of the growth rate for the_five years prior to the Recession: Y,. H g.," Historic Gross product Hampcan Roads Gross Product �,� ,mnnuoo w<q�sma zoos oomrs) ', �W,�* — 585 4�5 4aa ass c $65 .9m $60 . 4. $55 $50 ti ti i ti ti ti ti ti ti ti ti ti ti of sr*;Y;iiM U J a July 7, 2015 I -14- CITY MANAGER'S BRIEFING ECONOMIC VITALITY ITEM#64985 (Continued) The immediate "knee-jerk" reaction is to blame the job loss rate on Sequestration and reduction of Department of Defense funding. However, the loss is more than DOD related as retail employment in Hampton Roads is a negative 8.3%: ,,tr - g" '�;'ik Employment'in Hampton �'-i nce Metras—8.3% Percentage Change in Retail Employment 2007-2014 '�� ti � b r �+� F4 low 1b IIIiihu1 .. U�Y, •.III111111T ti•ik9illi a 10°/0 84% se�.. rein Metropolitan Areas withP p 1[onh[ land 3 Mill x '� Construction employment in Hampton Roads peaked in 2005 and 2006; however, there are fewer construction jobs today than the Region had 25 years ago: lolent in Hampton levels) Construction Employment j((( a Sf1.t10t1 V E Ji AO,�00 i i G i c 20.>011 , - 2 lo,000 o raa 7I July 7, 2015 -15- CITY MANAGER'S BRIEFING ECONOMIC VITALITY ITEM#64985 (Continued) Hampton Roads significantly under performed other Regions of similar size. The City has taken some initiatives to address the negative trends. It is important we continue taking steps to improve the economic vitality in the City and around the Region. CLItItitles a.r t a Mayor Sessoms expressed his appreciation to Mr. Spore for his dedication and hard work. July 7, 2015 I -16- CITY MANAGER'S BRIEFING BIO-MEDICAL INITIATIVE ITEM#64986 3:27P.M. Mayor Sessoms welcomed Warren Harris, Director—Economic Development. Mr. Harris expressed his appreciation to City Council and Staff for their continued support of this project: � _1,1,-,,,,,:,..,'IL � °fir =:,,,.." r'-.. —4lI a a ir-ist4 VA Beach Bio sr.•-- , -:-- THE PLAN TO GROW OUR BIOMEDICAL INDUSTRY CLUSTER Below is today's Agenda: Agenda • Task Force Update and Commonwealth Overview • Tom Frontz,Chairman,Williams Mullen:Chair,Virginia Beach Bio Task Force • 2015-2016 Bio Strategy • Warren Harris,Director,Economic Development • Market Realities • David Couch,Business Development Strategy Coordinator,Economic Development • Virginia Bio Board Meeting&Reception-July 24th • David Couch,Business Development Strategy Coordinator,Economic Development • Questions&Answers r VIRGINIA BEACH July 7, 2015 -17- CITY MANAGER'S BRIEFING BIO-MEDICAL INITIATIVE ITEM#64986 (Continued) Tom Frantz, CO-Chair—Bio Task Force, advised he has been astounded by the response. This initiative is going far beyond the City and the Region as the Commonwealth is very engaged and announced the Senate is recommending, on a Bi-Partisan Basis, $2-Billion in additional funding to stimulate Bio- Medical Industry . The Task Force is continuing to work collaboratively to move this initiative forward. The Report recommends a "Region-Wide" approach from Richmond to the Oceanfront in order to get multiple hubs. The City has advantages with the ownership of land, strong financial position and by adding incentives. He had the opportunity to see first-hand the research of LifeNet, individually and collaboratively with others which is making quite an impression on anyone that sees it. LifeNet is a considerable Bio resource located in the City. Virginia BIO is holding their quarterly meeting at LifeNet on July 24`s'. The Governor advised him and the Mayor that we are not thinking "big enough". City Council is invited to the July 24`'" meeting and reception at LifeNet Task Force and Statewide Strategy Update VIRGINIA REACH 2015-2016 Bio Strategy VIRGINIA BEACH July 7, 2015 -18- CITY MANAGER'S BRIEFING BIO-MEDICAL INITIATIVE ITEM#64986 (Continued) Mr. Harris advised the ultimate outcome is business and industry to be established within this corridor. Below are some ways to help do just that: 1 . Establish a new set of incentives • Create a new section of the"Economic Development Investment Program" • Define eligible Bio companies using NAILS codes • Extend timeline for return on investment and job creation • Develop a royalty program • Convene a panel of industry experts to serve in an advisory capacity • Based on the OLUCC model.this subcommittee of the VBDA will consist of industry experts that will evaluate proposals for funds and make a recommendation to the Authority • • Updated programs will be brought back to City Council no later than December VIRGINIA BEACH 5 ec.UNOG.._ 2. Create a "Bio Accelerator" 3. Package Accelerator Services • Partner with a local college/university to create an accelerator lab space that can be used temporarily by start-up Bio companies • Talks are currently under way with Tidewater Community College. • Tidewater Community College would also run the Accelerator and potentially offer opportunities for collaboration with their teaching staff. • Work with Bio Task Force members to create a package of services that can be offered to companies locating in the Accelerator. • Additional lab services.equipment,and testing capabilities provided by industry partners will allow companies to quickly settle in and begin work in Virginia Beach r-- VIRGINIA BEACH July 7, 2015 -19- CITY MANAGER'S BRIEFING BIO-MEDICAL INITIATIVE ITEM#64986 (Continued) 4. Begin to develop a Bio Park 5. Enhance high speed broadband • 155 acres have been designated as a potential biomedical park • Room for up to 1,000,000 square feet of'Class A'office and wet lab space. • Support the initiative to bring high speed broadband connectivity to Princess Anne Commons • City Council approved a resolution to explore the creation of a broadband Authority • Big Data and Analytics require large data usage that exceeds typical commercial Internet capabilities.Competing metro areas have already made strides to create"fiber rings'and enhance their broadband service VIRGINIA BEACH 6. Create a Bio brand identity • Develop a distinct brand identity to market our new Bio initiative. • Create a website that will serve as a "one stop shop"for information about the initiative. • New brand will be unveiled this summer and will stay in line with Economic Development's current strategy to J'A— reach people across digital platforms. VIRGINIA BEACH July 7, 2015 -20- CITY MANAGER'S BRIEFING BIO-MEDICAL INITIATIVE ITEM#64986 (Continued) 7. Recruit new Bio companies from outside the market • Send staff to trade shows and to biomedical clusters to inform companies about the advantages of doing business in Virginia Beach • Staff attended"Bio International"in Philadelphia in June and met with dozens of companies,many of which expressed interest in this new strategy n VIRGINIA BEACH 8. Work with Commonwealth offici R and industry stakeholders • Staff and Task Force leadership are working closely with Commonwealth officials to create a new statewide strategy to recruit biomedical companies • Virginia invests for less in the biomedical industry than many other states. • Dr.Jennifer Lee,Deputy Secretary of Health&Human Services, has read and expressed support for the viability of the"VA Beach Bio"strategy • Plan was created to ensure that,when the State's plan is unveiled,Virginia Beach will be able to benefit for opportunities without competing with the stale and other regions throughout Virginia. • Ongoing discussions with Sentara,LifeNet Health,Jefferson Labs,757 Angels,Urology of Virginia,and other industry stakeholders VIRGINIA BEACH July 7, 2015 -21- CITY MANAGER'S BRIEFING BIO-MEDICAL INITIATIVE ITEM#64986 (Continued) 9. Assist existing Bio companies 10. Enhance workforce development • Retention and expansion efforts will play a crucial role in growing our biomedical cluster • Companies that are already located here may have suppliers and other partners that we could recruit • Life Net Health recently announced plans to hire more than l OD new employees • Work with regional universities to ensure proper workforce training is available • Malor higher education institutions,including tidewater Community College,Eastern Virginia Medical School,Old Dominion University,Hampton Univeristy,and the College of William&Mary all have programs in place to provide degrees that fit with the Va Beach Bio Plan • Many have offered to potentially create new certificates and degrees.It necessary,to provide businesses with a well-trained workforce 17— VIRGINIA BEACH David Couch advised the City is already marketing this initiative and companies are excited: Market Realities VIRGINIA BEACH r.,,V.^i July 7, 2015 -22- CITY MANAGER'S BRIEFING BIO-MEDICAL INITIATIVE ITEM#64986 (Continued) Mr. Harris advised he will provide an update to City Council on a quarterly basis due to the high level of commitment: . as Virginia Bio Board Meeting and Reception July 24th VIRGINIA BEACH + D. .t..), Aik I Questions? 14 July 7, 2015 I -23- CITYMANAGER'S BRIEFING VETERANS CARE FACILITY ITEM#64987 3:55 P.M. Mayor Sessoms again welcomed Warren Harris, Director—Economic Development who presented the Veterans Care Center initiative: fi,k �e ns Care Cater h app . „"'�P`P"i i� _ E �i , i� Below is an overview of the Proect. j U.S.Department of Veterans Affairs is considering Building a new Care Center in Virginia Virginia's Veterans Care Centers provide affordable, high quality care to Virginia veterans Services include skilled nursing,Alzheimer's and dementia care,rehabilitation,and domiciliary (assisted living)care July 7, 2015 -24- CITY MANAGER'S BRIEFING VETERANS CARE FACILITY ITEM#64987 (Continued) Below are the characteristics of the Care Center: Up to 240 beds Up to zoo employees Estimated construction cost of$28.5 Million(based on most recent project adjusted for inflation) Desired site size is 25+acres for one-story facility A site size of i acres is acceptable,but the facility would be two-stories Requested location is within Princess Anne Commons 3 Below is the proposed site for the Project: ti • r4- ,» •d47 PRINCESS ANNE COMMONS (including proposed projects) 4 July 7, 2015 -25- CIT YMANAGER'S BRIEFING VETERANS CARE FACILITY ITEM#64987 tinued) (Con Below is an aerial photo of the proposed site: `, ERIAL id school site] vaalCrea xs q Below is the land that is unable to be used for this project and has been declared Wetlands: fir. s'i;r*# l'-'4P '' ' { ' 6. July 7, 2015 -26- CITY 'S I VETERANSMANAGERCARE FACILITY ITEM#64987 (Continued) Below is the proposed timeline: • 8/26/14 Delegate Christopher Stolle,M.D.presented the opportunity tos City Council 8/28/14 Joint Navy-City[MOU]Staff Group(JSG) meet to review site option 10/21/15 il d re selectedCityCouncsite and approverequestina g the esolution General Assefund the construction of a VeteransoffCarering Center 6/15 VtoA Care Center RFP received 7/13/15 VA Care Center RFP due 3/16 There is an approximately g month review process to determine if it is acceptable. 7 r '' r Questions? 8 Mayor Sessoms thanked Mr. Harris and everyone working on these initiatives. July 7, 2015 -28- CITY COUNCIL COMMENTS ITEM#64989 4:06 P.M. Council Lady Wilson Rosemary advised she recently visited and really enjoyed herself at the "Food Park Lot"City Council recently approved. They have done a great job in creating a fun place to go. July 7, 2015 -29- CITY COUNCIL COMMENTS ITEM#64990 Council Lady Ross-Hammond enjoyed the 4th of July festivities at the Senior Resource Center with Council Lady Henley. There were approximately 100 people in attendance. July 7, 2015 -30- CITY COUNCIL COMMENTS ITEM#64991 Council Lady Ross-Hammond attended and spoke at the School Board meeting in support of the proposed Kempsville Academy. July 7, 2015 -31- CITY COUNCIL COMMENTS ITEM#64992 Council Lady Ross-Hammond attended a Ribbon Cutting Ceremony for Business Express, a new SWAM Business. • July 7, 2015 -32- CITY COUNCIL COMMENTS ITEM#64993 Council Lady Henley requested an update on the Comprehensive Plan prior to the August 24"" City Council Retreat to ensure we are on the same wave-length. The original schedule had it to be considered in November but now it has changed to March. July 7, 2015 -33- CITY COUNCIL COMMENTS ITEM#64994 Council Lady Kane asked for the status of pros and cons for off-shore drilling. Mr. Spore advised the City's "expert" is out on medical leave after having back surgery; and, as soon as he is back to work, it will be scheduled. July 7, 2015 -34- CITY COUNCIL COMMENTS ITEM#64995 Council Lady Kane acknowledged the Parks and Recreation Stafffor their hard work during the 4`11 of July Celebration at Mt. Trashmore. The Fireworks began 15 minutes early since they knew a storm was coming and it worked out perfectly. As soon as the Fireworks were finished, the rain came. July 7, 2015 -35- CITY COUNCIL COMMENTS ITEM#64996 City Council Lady Henley attended the Olongapo Sister Cities Charter Signing event yesterday. The Gazebo is beautiful and was a perfect setting for such an event. Kempsville is coming together beautifully. July 7, 2015 -36- CITY COUNCIL COMMENTS ITEM#64997 Mayor Sessoms had the opportunity to spend time with the Sister Cities Delegation from Olongapo and expressed his appreciation to City Clerk Ruth Fraser for the amazing job she did at coordinating all of the events. Everyone truly seemed to enjoy themselves and the entire City Council from Olongapo was present for the signing of the Sister City Charter. • July 7, 2015 -37- CITY COUNCIL COMMENTS ITEM#64998 Mayor Sessoms attended the 4`11 of July Fireworks at 20th Street and was amazed with the number of people enjoying the Holiday. He spoke to several business owners and it seems that everyone was extremely pleased with the festivities. July 7, 2015 -38- CITY COUNCIL COMMENTS ITEM#64999 Mayor Sessoms recently traveled to Europe with Economic Development on a Trade Mission. They worked very hard and were well organized. He is hoping to announce something in the near months. He was impressed with the professionals in the Economic Development Office. The City is continuing to work with Economic Development Alliance. July 7, 2015 -39- A GENDA REVIEW SESSION 4:17P.M. ITEM#64500 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. ORDINANCES 1. Ordinance to AUTHORIZE Acquisition by Agreement or Condemnation of rights-of-way for intersection improvements at Princess Anne, West Neck and Pleasant Ridge Roads 2. Ordinance to AUTHORIZE the sale of School Board property adjacent to Kempsville Elementary School to the City re a Pump Station; and, ALLOW retention of sale proceeds to the School Board 3. Ordinance to AUTHORIZE Temporary Encroachments into City-owned property for LLEWELLYN E. AND TERESA S. JALBERT, known as Lake Wesley,for floating piers at 512 Kerry Lane DISTRICT 6—BEACH 4. Ordinance to AMEND the FY 2015-2016 Budget of Housing and Neighborhood Preservation re adjustments to Federal Funding Grants for the Housing Choice Voucher Program, HUD-VA Supportive Program, Community Planning and Development Funds and Continuum of Care-Housing First Grant 5. Ordinance to APPROPRIATE $15,000 from the Eighth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception; and, AUTHORIZE donations to The Urban League, The Global Studies and World Languages Academy at Tallwood High School and the VBPS STEM Robotic Challenge 6. Ordinance to ACCEPT and APPROPRIATE an $8,000 Grant from the Virginia Alcohol Beverage Control Commission (ABC) to Human Services'Social Media Awareness Campaign re underage alcohol consumption COUNCIL LADY HENLEY WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 July 7, 2015 -40- AGENDA REVIEW SESSION ITEM#64500 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: K PLANNING 1. CAVALIER VENTURES, LLC/CAVALIER ASSOCIATES, LLC for a Conditional Use Permit re a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue DISTRICT 6—BEACH 2. WHLR—LASKIN ROAD,LLC for a Conditional Use Permit re a Marina at 948 Laskin Road DISTRICT 5—LYNNHAVEN 3. SHORE DRIVE FARM MARKET,LLC and SHORE PAR REALTY for a Conditional Use Permit re an Open Air Farm Market at 2961 Shore Drive DISTRICT S—LYNNHAVEN 4. C.P. MARINE & DIESEL SERVICES, INC/SPENCO, L.P. for a Conditional Use Permit re Auto Repair at 1399 Air Rail Avenue DISTRICT 4- BAYSIDE 5. (a) PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard (b) BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads: DISTRICT 7—PRINCESS ANNE 6. CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: a. §1700 of the City Zoning Ordinance to reference the Shore Drive Corridor Plan and the Shore Drive Corridor Design Guidelines b. §'111, 209.1, and 401, Defining "Farm Distillery', setting forth General Requirements for the Use and Allowing same as a Principal Use in the AG-1 and AG-2 Agricultural Districts COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#1 COUNCIL LADY WILSON DISCLOSED BUT STATED HER INTENT TO VOTE ON ITEM#1 ITEM#5(a)(b) WILL BE DEFERRED INDEFINATELY July 7, 2015 -41- ITEM#65001 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: PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(30) City View Leeward Station Old Beach Village 2 PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Bayside Beach Lynnhaven Princess Anne 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 July 7, 2015 -42- ITEM#65001 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 4:23 P.M. Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: M. Benjamin Davenport stepped out John D. Moss attending annual Boy Scout Camp (Break 4:23 P.M. - 4:30 P.M.) (Closed Session 4:30P.M. - 5:55 P.M.) July 7, 2015 -43- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 7,2015 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, July 7, 2015, at 6:00 P.M. Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: John D. Moss INVOCATION: Reverend John L. Amos, Pastor Third Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank 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 Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. 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 identi 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 January 13, 2015, is hereby made a part of the record. July 7, 2015 -44- 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 Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway 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 January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she 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. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. July 7, 2015 I. 0.N1A:BFAc it meq: " g.-'- -,s s s °pn°°R 0M'Oa 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#65001 Page 42, 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. 411r-r-mill.n...c...e.. .0......._- -i—e ' th Hodges Fraser,MMC City Clerk July 7, 2015 -46- Item -VI-F MINUTES ITEM#65003 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 16,2015. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, John E. Uhrin and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. (Verbal) Rosemary Wilson Council Members Absent: John D. Moss July 7, 2015 -47- ADOPT AGENDA FOR FORMAL SESSION ITEM#65004 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 7, 2015 -48- Item -VI-J ORDINANCES ITEM#65005 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT,Agenda Items 1(HENLEYABSTAIN), 2,3, 4, 5(SESSOMS ABSTAIN) and 6. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 -49- Item-VI-J.1 ORDINANCES ITEM#65006 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition by Agreement or Condemnation of rights-of-way for intersection improvements at Princess Anne, West Neck and Pleasant Ridge Roads Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms,Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Barbara M. Henley Council Members Absent: John D. Moss July 7, 2015 • 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE 4 IMPROVEMENTS AT THE INTERSECTION OF 5 PRINCESS ANNE ROAD AND WEST NECK / 6 PLEASANT RIDGE ROADS PROJECT AND 7 THE ACQUISITION OF TEMPORARY AND 8 PERMANENT EASEMENTS, EITHER BY 9 AGREEMENT OR CONDEMNATION 10 11 12 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 13 public necessity exists for the construction of this important roadway project to improve 14 transportation and safety within the City and for other related public purposes for the 15 preservation of the safety, health, peace, good order, comfort, convenience, and for the 16 welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 23 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 24 fee simple, including temporary and permanent easements (the "Property"), as shown on 25 the plans entitled "IMPROVEMENTS AT THE INTERSECTION OF PRINCESS ANNE 26 ROAD AND WEST NECK / PLEASANT RIDGE ROADS C.I.P. 2-021.021 PWCN-15- 27 0078" (the"Project") and more specifically described on the acquisition plats for the Project 28 (plats and plans collectively referred to as the "Plans"), the Plans being on file in the 29 Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be 32 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 33 reasonable offer to the owners or persons having an interest in said Property. If refused, 34 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of 37 July , 2015. CA13221 R-1 PREPARED: 6/15/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d002\p019\00210638.doc 111, I•^VED S T• - .NTENT / R, 1 � DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 40IF di CITY ATTORNEY I: N 70 W E Z rn cn S cn Z Z rn 713 0 1, ti 111 7 ♦�� i'-- ' 4 _ _,,'N%'411:111j Pt&,. 1, ��• j gNrR�o cF ��� .i♦ Ro ♦ II \ , * , /4 PROJECT SITE I ji i .„,„,k1144‘ WEST NECK T ' _ If Id iliklilL IN — - - ' � ; II PRINCESS ANNE RD. LEFT TURN LANES AT PLEASANT RIDGE AND WEST NECK RDS. CIP # 2-021 .021 XICADD\Projects\ARC Files\AGENDA MAPS\Princess Anne Rd\PA at Pleasant Ridge and West Neck\PA at Pleasant Ridge&West Neck mxd 01,11A BP.dtc ti City of Viririia Beach Z 2 a z� S OF OUR NAS�N VBgov.com BARBARA M.HENLEY PHONE: (757)426-7501 CITY COUNCIL MEMBER-PRINCESS ANNE-DISTRICT BARBARA@BARBARAHENLEYCOM 7 In Reply Refer to 0055372 July 7, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on An Ordinance to Authorize Acquisition of Property in Fee Simple for Right-of-Way for the Improvements at the Intersection of Princess Anne Road and West Neck/Pleasant Ridge Roads and the Acquisition of Temporary and Permanent Easements, Either by Agreement or Condemnation. 2. On May 7, 2013, I made a written disclosure regarding City Council's discussion and vote on the City's Capital Improvement Plan for FY 2013-14 through FY 2018-19 ("the Plan"). CIP #2-024, which is entitled, "Rural Road Improvements II," ("the Project") is a component of the Plan and included funding for the acquisitions that are the subject of the ordinance on today's agenda. I disclosed at that time that I have an ownership interest in property that is located at 2061 Pleasant Ridge Road (GPIN 2402-90-6850). 1 further disclosed that the Project will require City acquisition of a portion of that property. 3. As I disclosed on May 12, 2015 in connection with City Council's vote on the budget for the City's Capital Improvement Plan, the project was subsequently redesigned, and as a result, no portion of the property at 2061 Pleasant Ridge Road will be acquired for the 3513 CHARITY NECK ROAD,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Ruth Hodges Fraser -2- July 7, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Project. The improved roadway will, however, be adjacent to that property, which could potentially benefit the property, so I am making this disclosure. 4. I am a member of a group of three or more persons—property owners whose property may benefit from the Project—the members of which are affected by the transaction. 5. Although the City Attorney has advised me that the Act allows me to participate in this transaction upon disclosure of the facts above, I have chosen to abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Sincerely, `6,-ali.41,LA 6-7y). 4,10A,--- Barbara M. Henley Councilmember BMH/RRI -50- Item-VI-J.2 ORDINANCES ITEM#65007 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the sale of School Board property adjacent to Kempsville Elementary School to the City re a Pump Station; and, ALLOW retention of sale proceeds to the School Board Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY FOR THE 3 CITY'S KEMPSVILLE PUMP STATION AND 4 ALLOWING THE SCHOOL BOARD TO RETAIN 5 THE PROCEEDS 6 7 WHEREAS, the City of Virginia Beach (the "City") has proposed to purchase from 8 the School Board of the City of Virginia Beach (the "School Board") certain real property 9 located on the Kempsville Elementary School site and identified as a 12,039 sq.ft. portion 10 of GPIN 1466-77-7507 and a temporary construction easement comprised of 7,787 sq. ft. 11 (together, the "Property") for the City's Pump Station; 12 13 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property for 14 which the school board has no future use, and to retain the proceeds of such sale upon 15 approval of the local governing body and after the school board has held a public hearing 16 on such sale and retention of proceeds; 17 18 WHEREAS, the School Board held a public hearing on June 30, 2015 to take public 19 comment on the proposed sale of the Property to the City and retention of the proceeds 20 therefrom; and 21 22 WHEREAS, the School Board adopted a Resolution on June 30, 2015 finding no 23 further use for the Property, determining that the Property may be sold, agreeing to sell the 24 Property to the City, and intending to retain the proceeds of the sale. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the sale of the Property described in the Summary of Terms (the 30 "Summary of Terms"), attached hereto as Exhibit A and made a part hereof, by the School 31 Board to the City is hereby approved; 32 33 2. That the School Board may retain all of the proceeds of the sale; and 34 35 3. That the City Manager is hereby authorized to execute all documents to 36 purchase the Property from the School Board, in accordance with the Summary of Terms, 37 and such other terms, conditions or modifications, as may be acceptable to the City 38 Manager and in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of 41 July , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C • t. ilufutedi-)/3_,L.geux)' Public Works / Real Estate (s City Attorney !J CA13209 R-1 June 18, 2015 SUMMARY OF TERMS KEMPSVILLE ELEMENTARY SALE OF SCHOOL BOARD PROPERTY FOR CITY'S KEMPSVILLE PUMP STATION AND ALLOWING SCHOOL BOARD TO RETAIN SALE PROCEEDS SELLER: School Board of the City of Virginia Beach PURCHASER: City of Virginia Beach PROPERTY: Purchase of 12,039 sq. ft. portion of the Kempsville Elementary School site, and a 7,787 sq. ft. temporary construction easement as shown on Location Map PURPOSE: City of Virginia Beach Pump Station CONSIDERATION: $53,906.00 SCHOOL BOARD ACTIONS: - In a closed session on May 5, 2015, this matter was presented to the School Board for consideration. - School Board held a public meeting on June 30, 2015, wherein a Resolution was presented and public comments on the proposed sale were taken regarding the Property being conveyed to the City and retention of the proceeds therefrom. - School Board adopted a Resolution on June 30, 2015 finding no further use for the Property, determining that the Property may be sold, agreeing to sell the Property to the City, and intending to retain the proceeds of the sale. RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY IDENTIFIED AS GPIN 1466-77-4982 AND A PORTION OF GPIN 1466-77-7507 TO THE CITY OF VIRGINIA BEACH WHEREAS,the City of Virginia Beach has identified the need to purchase certain School Board real property located at 570 Kempsville Road and identified as parcel GPIN 1466-77-4982 and a portion of GPIN 1466-77-7507 (the "Property")for the Kempsville Road Pump Station No.417 Project, CIP 6.041.064; WHEREAS,Virginia Code §22.1-129 allows the School Board to sell real property that it determines it has no future use for and the School Board had held a public hearing on June 30, 2015 to take public comment on the proposed sale of the Property to the City and retention of the proceeds therefrom; and WHEREAS,the Property runs along Kempsville Road in front of Kempsville Elementary School and is not used by the School Board for educational purposes due to its proximity to the road and traffic; NOW THEREFORE BE IT RESOLVED,that: 1. In accordance with Virginia Code§22.1-129,the School Board finds that, due to the unique nature of the property identified as GPIN 1466-77-4982 and a portion of GPIN 1466-77-7507, the history of the School Board's use of the Property,and the important benefits that will be enjoyed by the citizens of Virginia Beach if the Property is conveyed to the City for the Kempsville Road Pump Station No.417 Project, CIP 6.041.064; the School Board finds that it does not have further use for such real property and determines that it may be sold; 2. The School Board agrees to sell all of GPIN 1466-77-4982 and a portion of GPIN 1466-77-7507 (12,039 sq.ft.) and a temporary construction easement(7,787 sq. ft.)to the City for the appraised value of Fifty Three Thousand Nine Hundred Six Dollars and 00/100 ($53,906.00); and 3. Additionally,the School Board authorizes the Superintendent to take whatever actions are necessary to complete the sale and address concerns regarding the sale and use of this Property. Adopted by the School Board this 30th day of June 2015. Daniel D. Edwards, Chairman ATTEST: Dianne P. Alexander, Clerk of School Board 11 m A r , 't •b a s d ,_ .,ii,„. .,,.. i.„11, . ,...;_,:.. „,. . , t.. .; 1,1 ., , .,..„,, ,,,,..),...,..,,,9 ._,,,. 4'....r.'-' r jii., - - t I ' :,1111111F xop o 0 03 To tt • • 1444114441 ¢' s fir;:, • •II 4 i 41.f :P." "tea,¢ p.' �= i , %.*; ara i. N 0. 4 fJew^ xggpp', AVA) Q 01 11 44 n om ' W a. it Y ��,, 0 ¢ ,ter Q �� „N fir 04 t* 4 o �y '-'-'4' . d•"F,.' .kms Y r. 4 , 4 ,e,Lig f , "i, , Cet :t-$ 't, 5 h ir has C ,--4- ' a90) � VJ E, '1't-- p cnnN , , '',..„,.. , , _ ,,,,,,, „.„,,r,, . ,,...-,,,,,,,,„„i, I,* t, _ Pt ill aiC rS co v s, , P ' N m H c 00 ,i. i e 5. '' I r 't;.3 >' C a roc .'rw'. M a 8 ,os s o C op. 2 0 cog +1Y � , ¢ a LL a?• � :: Cl- C :N co O) o sal W p o u 1. , o m o c d _1 LO5r: e¢ a '1 ,4 V C in a Q H w z in ,/� a c'�o m ,,, ,-, 4+ dOI . 1 C Y0. Ill Z i o fir'. ., Z 11-51- Item -VI-J.3 ORDINANCES ITEM#65008 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE Temporary Encroachments into City-owned property for LLEWELLYN E. AND TERESA S. JALBERT, known as Lake Wesley,for floating piers at 512 Kerry Lane DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE Temporary Encroachments into City-owned property for LLEWELLYN E. AND TERESA S. JALBERT, known as Lake Wesley,for floating piers at 512 Kerry Lane (GPIN 2426294613) DISTRICT 6—BEACH The following conditions shall be required: 1. 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. 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 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. 3. 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. 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. 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"). July 7, 2015 -52- Item-VI-J.3 ORDINANCES ITEM#65008 (Continued) 8. It is further expressly understood and agreed that the Grantee shall make a THREE HUNDRED THIRTY DOLLAR ($330.00)payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide 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. 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. 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 ($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. 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 Seventh day of July, Two Thousand Fifteen. July 7, 2015 -53- Item -14-J.3 ORDINANCES ITEM#65008 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS LAKE 7 WESLEY, LOCATED AT THE 8 REAR OF 512 KERRY LANE BY 9 LLEWELLYN E. JALBERT, JR.AND 10 TERESA S. JALBERT 11 12 WHEREAS, Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert desire to remove 13 existing piles, erect seven (7) free standing mooring piles, maintain an existing pier, and 14 construct and maintain two (2)floating piers upon the City Property known as Lake Wesley 15 located at the rear of 512 Kerry Lane. 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the 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 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Llewellyn E. Jalbert, Jr. and 26 Teresa S. Jalbert , their heirs, assigns and successors in title are authorized to remove 27 existing piles, erect seven (7) free standing mooring piles, maintain an existing pier, and 28 construct and maintain two (2) floating piers upon City Property as shown on the map 29 entitled: "EXHIBIT A ENCROACHMENT REQUEST FOR LLEWELLYN E. AND TERESA 30 S. JALBERT, JR. LOT 11, SCHOONER QUAY AT CROATAN CROATAN BEACH (M.B. 31 160 PG. 18) BEACH DISTRICT DATE: MAY 27, 2014,"a copy of which is attached hereto 32 as Exhibit A, and on file in the Department of Public Works and to which reference is made 33 for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and subsequent to execution will be recorded among the records of the Clerk's 40 Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert and the City Manager or his 46 authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 thday 49 of July , 2015. CA13255 R-1 PREPARED: 6/24/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d018\p020\00214695.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ,SUFFICIE ► � D FORM: PUBLIC WORKS, REAL ES ATE CITY. . Y r 19aM lS 2 II . OF 80' LAKE WESLEY CHS E� _ - LAKE WESLEY LAKE— `° WESLEY CHANNEL— — — — — — — - �F — — WESTERN — —ED—�E— - N/F CITY OF VIRGINIA BEACH _ - - - - 2427-20-6108 — — — — — INSTALL NEW (D.B. 2020, PG. 282) - — PILE(NP) PROPOSED REPLACE / FLOATS REPLACE EXISTING EXISTING PP:PROPOSED PILE PILE • ! \ /PILE REMOVE EXISTING PILE,INSTALL 3.•6' \\\ 4 REMOVE NEW PILE 3'TO NORTHEAST VEX.PILE N •x N PP pp PP i o N ij 16Zo� ®STING PIER N ' ") Zo .. •• ..! MLW M.B. 160, P. 18 EXISTING WOOD "' _,� ' '" - „�EDGE OF MARSH BULKHETD— — --7- .1tC- 1� �� "` - MULCHED /-...--------55 y` — — — — - FLOWER BED / s LOT 101 TURF GRASS AREA MULCHED N/F G.VDANGELO 1 \ Q \ •i FLOWER BED 2426-29-4761 \\ ���F"-- ' (D.B. 3098, P. 346) o ` 'Q.c- ' Z ct PAVER ` a, WALKWAY o LOT 12 ��I,TH OFD Lo N N/F D. WARWICK j� to � 2426-29-3584 O I.N. 20130618000706230 , � �� w LOT 11 () GREGORY o MILSTEAD GPIN 2426-29-4613 0 N. (DB. 3579, P. 1866) o Lic. No. 047323 ;0 0 ,., JUNE8, 2014 4k. in vP 4s) 0 DRILL DRILL HOLE HOLE L=105.00' R=700.00 PLAN VIEW LEGEND KERRY LANE (30' R/W) 0 40' 80 EXISTING FEATURE (MB. 37,P. 11) PROPOSED FEATURE ©2014 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. 1"=40' r7-1,"7.71-7 WATERFRONT EXHIBIT A '; ' z, CONSULTING INC. ENCROACHMENT REQUEST FOR 1112 JENSEN DRIVE,STE. 110 LLEWELLYN E. and TERESA S. JALBERT, JR. VIRGINIA BEACH,VA 23451 LOT 11, SCHOONER QUAY AT CROATAN PH:(757)425-8244 FAX:(757)216-6687 CROATAN BEACH (M.B. 160, PG.18) ENGINEERING SERVICES PROVIDED BY: SEAVIEW CONSULTING,INC(757)575-3715 BEACH DISTRICT DATE: MAY 27, 2014 1 PREPARED BY VIRGINIA BEACH COPY CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this VI-day of , 2015 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LLEWELLYN E. JALBERT, JR. and TERESA S. JALBERT, 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 11, Schooner Quay at Croatan, Lynnhaven Borough"; as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 2-14 RESUBDIVISION OF PART OF CROATAN BEACH (MB 37 P 11) SCHOONER QUAY AT CROATAN LYNNHAVEN BOROUGH — VIRGINIA BEACH VIRGINIA," Scale: 1" = 40', Dated December 11, 1981, prepared by Basgier and Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 160, at page 18, and being further designated, known, and described as 512 Kerry Lane, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove existing piles, erect 7 free standing mooring piles, maintain an existing pier, and construct and maintain two floating piers, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2427-20-6108 (City Property) GPIN: 2426-29-4613 (512 Kerry Lane) I II WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley 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 REQUEST FOR LLEWELLYN E. AND TERESA S. JALBERT, JR. LOT 11, SCHOONER QUAY AT CROATAN CROATAN BEACH (M.B. 160, PG.18) BEACH DISTRICT DATE: MAY 27, 2014," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall make a THREE HUNDRED THIRTY DOLLAR ($330.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15- foot-wide riparian buffer area that cannot be established on the property of the Grantee; 3 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 Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary 4 Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Llewellyn E. Jalbert, Jr. and Teresa S. Jalbert, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By ©0PY (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 1 II /13 /5', // `lewel n E` :Ibert, caner BY oL&/yf,L _S, ,, ..j Teresa S. Jalbert, oowner r STATE OF CITY/COUNTY OF . 'CL , to-wit: f, n 7 The foregoing instrument was acknowledged before me this (j� day of Y IL , 201 , by Llewellyn E. Jalbert, Jr LCilLL C'n . 40-(1,.0 (SEAL) Notary Public ? VIVIAN C.LEWIS 4:"� +tip � NOTARY PUBLIC Notary Registration Number: ��aj6 ) A 'I' _ A REGISTRATION 212540 ti' COMMONWEALTH OF VIRGINIA \-::,;---e..,-," MY COMMISSION EXPIRES My Commission Expires: J/6/ // MAY 31,2017 STATE OF 1,01,C3LA_ £ CLL1Jto-wit:CITY/COUNTY OF 4 J * 17 ri1A---, The foregoing instrument was acknowledged before me this 6 dayof (day 9 9 9 , 201 6 , by Teresa S. Jalbert. Y4_,LA-C_A—.Q.: ( ' , A, (SEAL) Notary Public Notary Registration Number: ° AS-4D c,� VIVIAN C.LEWIS s� NOTARY PUBLIC (, ` 1 REGISTRATION#212540 1•,l. /COMMONWEALTH OF VIRGINIA My Commission Expires: 613/1/7 ‘(-4,-.--- y MY COMMISSION EXPIRES �Nr MAY 31,2017 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE D M YER, ASSOCIATE CITY ATTORNEY DA- DATE L DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 I — WESLEY CHANNEL_ _ - — :3,- ‘ _ = 80_AK_ _ — LAKE WESLEY WESLEY CHANNEL— — — — — — — - OF — LAKE— — — WESTERN — EDGE �— N/F CITY OF VIRGINIA BEACH — — — — — 2427-20-6108 — — — — INSTALL NEW (D.B. 2020, PG. 282) PILE(TYP) PROPOSED REPLACE FLOATS REPLACE EXISTING EXISTING PP:PROPOSED PILE PILE • \ _ /PILE REMOVE EXISTING PILE,INSTALL 3.• • REMOVE \\� ,/ NEW PILE 3'TO NORTHEAST LI I Co cvn EX.PILE I I ex CV PP PP PP • o (ciN ED EX STING PIER " 16' co n, I ll .1( ..:iJ .! ML W M.B.H160, P. 18 EXISTING WOOD „` ` EDGE OF MARSH BULKHEAD— — MULCHED i 55 — — — — - FLOWER BED i LOT 10 fTURF GRASS AREA N/F G.VDANGELO ‘\ MULCHED 2426-29-4761 �\ T �i�F,-- �(P: FLOWER BED (D.B. 3098, P. 346) • `�-,c' z Et PAVER rn ��,1,TH Op G o WALKWAY N LOT 12 N/F D. WARWICK /J., tri '� �! 2426-29-3584 1)-,,S I.N. 20130618000706230 \ j� w LOT 11 If GREGOR-01.MILSTEAD ,. GPIN 2426-29-4613 (DB. 3579, P. 1866) o Lic. No. 047323 ;) o .o JUNE 8, 2014 ck• to CoA, G���w o ' OONA L E� DRILL DRILL HOLE HOLE L=105.00' R-70D 0D PLAN VIEW LEGEND KERRY LANE (30'RAN) 0 40' 80' EXISTING FEATURE (MB. 37,P. 11) PROPOSED FEATURE ©2014 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. 1"=40' WATERFRONT EXHIBIT A ; '� ' ' CONSULTING INC. ENCROACHMENT REQUEST FOR 1112 JENSEN DRIVE,STE. 110 LLEWELLYN E. and TERESA S. JALBERT, JR. 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Jalbert, Jr. 512 Kerry Lane -54- Item -VI-J.4 ORDINANCES ITEM#65009 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the FY 2015-2016 Budget of Housing and Neighborhood Preservation re adjustments to Federal Funding Grants for the Housing Choice Voucher Program, HUD-VA Supportive Program, Community Planning and Development Funds and Continuum of Care- Housing First Grant Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss • July 7, 2015 1 AN ORDINANCE TO AMEND THE FY 2015-16 2 OPERATING BUDGET OF THE DEPARTMENT 3 OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION TO ALIGN WITH FEDERAL 5 FUNDING 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 The Department of Housing and Neighborhood Preservation's FY 2015-16 Operating 11 Budget is hereby modified in the amounts and purposes set forth below: 12 13 1. Appropriate an additional $304,364 for the Housing Choice Voucher Program, 14 with federal revenue increased accordingly. 15 16 2. Appropriate $123,573 for the HUD Veterans Administration Supportive 17 Housing Program, with federal revenue increased accordingly. 18 19 3. Reduce the appropriation for the Community Development Block Grant by 20 $21,826 with, federal revenue decreased accordingly. 21 22 4. Reduce the appropriation for the Home Investment Partnerships Program by 23 $70,192, with federal revenue decreased accordingly. 24 25 5. Appropriate an additional $7,023 for the Housing Opportunity for Persons with 26 AIDS Program, with federal revenue increased accordingly. 27 28 6. Appropriate an additional $2,107 for the Emergency Shelter Grant, with 29 federal revenue increased accordingly. 30 31 7. Reduce the appropriation for the Continuum of Care Housing First Grant by 32 $3,800, with federal revenue decreased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APP' •VED AS TO LEGAL S I FFICI CY: 2e d,a,/ Budget and Management Services City A -y' 'Office CA13388 R-1 June 15, 2015 -55- Item -VI-J.5 ORDINANCES ITEM#65010 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $15,000 from the Eighth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception; and, AUTHORIZE donations to The Urban League, The Global Studies and World Languages Academy at Tallwood High School and the VBPS STEM Robotic Challenge Voting: 9-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. re The Urban League Council Members Absent: John D. Moss July 7, 2015 1 AN ORDINANCE TO APPROPRIATE FUNDS RESULTING 2 FROM THE EIGHTH ANNUAL VIRGINIA BEACH 3 BUSINESS APPRECIATION CHARITY GOLF CLASSIC 4 AND NETWORKING RECEPTION, AND TO AUTHORIZE 5 THREE DONATIONS 6 7 WHEREAS, on May 11, 2015 , the Virginia Beach Development Authority and the 8 Department of Economic Development hosted the eighth annual Virginia Beach 9 Business Appreciation Charity Golf Classic and Networking Reception at the Virginia 10 Beach National Golf Club, which generated $15,000 that can be donated to local 11 charitable programs. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. $15,000 is hereby accepted and appropriated from the proceeds generated by 17 the eighth annual Virginia Beach Business Appreciation Charity Golf Classic and 18 Networking Reception held on May 11, 2015 at Virginia Beach National Golf Club to the 19 FY 2015-16 Operating Budget of the Department of Economic Development, with 20 estimated revenues increased accordingly, for purposes of donation to three local 21 charitable or educational programs; and 22 23 2. $15,000 will be donated in the amount of $5,000 each, to the following three 24 organizations: The Urban League of Hampton Roads, Tallwood High School (for its 25 Global Studies and World Languages Academy), and Virginia Beach City Public 26 Schools (for its STEM Robotic Challenge). Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of July , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit.__ - s Office CA13397 R-1 June 24, 2015 0141A ��4BEAc, 64; Gr City of Vir it ii i I beach 2 z Itt S Op 0UR NA105 VBgov.corn WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms Cn vbgov.com In Reply Refer to 0055375 July 7, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this vv ritten disclosure regarding City Council's discussion and vote on An Ordinance to Appropriate $15,000 from the Eighth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception; and Authorize Donations to the Urban League, the Global Studies Academy and VBPS STEM Robotic Challenge. 2. One of the donation recipients, the Urban League, has disclosed that TowneBank provides financial services to the Urban League. 3. 1 have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I hereby disclose this interest and will abstain from voting on this matter. Mrs. Ruth Hodges Fraser -2- July 7, 2015 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, illiam D. Sessoms Mayor WDS/DRH II Gt1IA•BEgc 4,c41 44 t 4 City of Virginia Beach S OF OUR loco VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY-AT-LARGE FAX (757)385-5669 In Reply Refer to 0055374 July 7, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(I) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on An Ordinance to Appropriate $15,000 from the Eighth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception; and Authorize Donations to the Urban League, the Global Studies Academy and VBPS STEM Robotic Challenge. 2. Dixon Hughes Goodman provides financial services to the Urban League. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 1304 WREN PLACE,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- July 7, 2015 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate without restriction in Council's discussion of, and vote on,the application and the ordinance, upon disclosure of this interest. 5. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. il on RAW/DRH I II I -56- Item -VI-J.6 ORDINANCES ITEM#65011 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE an $8,000 Grant from the Virginia Alcohol Beverage Control Commission (ABC) to Human Services' Social Media Awareness Campaign re underage alcohol consumption Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA ALCOHOL BEVERAGE 3 CONTROL COMMISSION WITHIN THE FY 2015-16 4 OPERATING BUDGET OF THE DEPARTMENT OF HUMAN 5 SERVICES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 (1) $8,000 is hereby accepted from the Virginia Alcohol Beverage Control 11 Commission and appropriated, with estimated state revenues increased accordingly,to the 12 FY 2015-16 Operating Budget of the Department of Human Services to develop in 13 conjunction with youth from the Mayor's Youth Leaders in Action program, a year-long 14 student and coalition-led social norming/social-media campaign entitled "Who Do You 15 Follow" to address the various issues involved with under-age alcohol use; and 16 17 (2) The local grant match will consist of$5,540 in in-kind contributions from existing 18 staffing costs within the Department of Human Services Operating Budget's State 19 Community Service Board Performance Contract funds, and the Department of Human 20 Services anticipates an $8,400 in-kind contribution from the United States Navy Safety 21 Center for the 4-day public service announcement workshop. 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of July 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2)-1%- e/ Budget and Management Services City A -ey°- Office CA13390 R-1 June 15, 2015 -57- Item—VI-K PLANNING ITEM#65012 1. CAVALIER VENTURES,LLC/CAVALIER CONDITIONAL USE PERMIT ASSOCIATES,LLC 2. WHLR—LASKIN ROAD,LLC CONDITIONAL USE PERMIT 3. SHORE DRIVE FARM MARKET,LLC/ CONDITIONAL USE PERMIT SHORE PAR REALTY 4. CP MARINE& DIESEL SERVICS,INC.! CONDITIONAL USE PERMIT SPENCO,L.P. 5.(a)PAUL S. BROWN FAMILY,LLC CHANGE OF ZONING 5.(b)BT HOLDINGS III,LLC CONDITIONAL CHANGE OF ZONING/CONDITIONAL USE PERMIT 6.(a)AMEND CITY ZONING ORDINANCE SHORE DRIVE CORRIDOR PLAN 6.(b)AMEND CITY ZONING ORDINANCE FARM DISTILLERY COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#1 MAYOR SESSOMS WILL ABSTAIN ON ITEM#1 COUNCILMAN UHRIN WILL ABSTAIN ON ITEM#1 COUNCIL LADY WILSON DISCLOSED AND STATED HER INTENT TO VOTE ON ITEM#1 ITEM#5(a)(b) WILL BE DEFERRED INDEFINATELY July 7, 2015 II -58- Item -VI-K PLANNING ITEM#65013 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Items 1 (DAVENPORT, SESSOMS and UHRIN ABSTAIN), 2, 3, 4, 5a/b(DEFER INDEFINATELY) and 6a/b of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 II -59- Item—VI-K.1 PLANNING ITEM#65014 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Application of CAVALIER VENTURES, LLC/CAVALIER ASSOCIATES, LLC for a Conditional Use Permit re a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon CAVALIER VENTURES, LLC/CAVALIER ASSOCIATES,LLC for a Conditional Use Permit re a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue (GPIN 2418859710) DISTRICT 6—BEACH The following conditions shall be required: 1. The Craft Distillery shall be developed in substantial conformance with the Plans entitled, "CAVALIER VENTURES, LLC, CONDITIONAL USE PERMIT SET DISTILLERY," dated February 25, 2015, and prepared by Street Sense. Said Plans have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning. 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 Seventh day of July, Two Thousand Fifteen. July 7, 2015 -60- Item—VI-K.1 PLANNING ITEM#65014 (Conditioned) Voting: 7-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Rosemary Wilson and James L. Wood Council Members Abstaining: M. Benjamin Davenport Mayor William D. Sessoms, Jr. John E. Uhrin Council Members Absent: John D. Moss July 7, 2015 II 0141A Bp4e1/.t, City of Virginia. Beach '3, ' 14, OF OUR NASI°NS VBgov.com M.BENJAMIN DAVENPORT COUNCILMAN PHONE: (757)425-6611 AT LARGE BDAVENPO@VBGOVCOM In Reply Refer to 0055335 July 7, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: I would like to make the following disclosure: 1. I am making this disclosure regarding City Council's discussion and vote on the application of Cavalier Ventures, LLC for a Conditional Use Permit for a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue. 2. D.J. "Jimmy"Rogers is a principal of the applicant,and he was a previous investor in one of Davenport Management Company's residential developments. 3. I have a personal interest in Davenport Management Company, which is located at 1604 Hilltop West Executive Center Suite 305, Virginia Beach, VA 23451. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 1604 WEST HILLTOP EXEC CENTER#305,VIRGINIA BEACH,VIRGINIA 23451 II Mrs. Ruth Hodges Fraser -2- July 7, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. Sincerely, AA-04 M. Ben Davenport Councilmember MBD/RRI/DRH 1 II , II �- 1A BF 4®a Gr ` ity of -.Tii g iri is JE3eac1 r b 71 v a:,��y `,.'2: ti ffT 9 a. ?.;oAO 9 Op OUR NAjI0" \i'E,,- J.Com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYORBUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0055337 July 7, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Cavalier Ventures, LLC/Cavalier Associates, LLC for a Conditional Use Permit for a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue. 2. The applicant has disclosed that TowneBank provides financial services to the applicant. 3. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 4. I hereby disclose this interest and will abstain from voting on this matter. Mrs. Ruth Hodges Fraser -2- July 7, 2015 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(F) Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, illiam D. Sessoms Mayor WDS/DRH II v : 1 City of Virgirni i 1 ;each y 2 L .t ,z 99. r e_c� 1,.O,- 0uR NA10 VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM In Reply Refer le 0055336 July 7, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: I would like to make the following disclosure: 1. I am making this disclosure regarding City Council's discussion and vote on the application of Cavalier Ventures, LLC/Cavalier Associates, LLC for a Conditional Use Permit for a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue. 2. I have a personal interest in East Beach Realty, which is located at 4459 Pleasant Avenue in Norfolk. 3. Although the City Attorney has advised me that the Act provides that I do not have a personal interest in this transaction,I nevertheless have voluntarily chosen to disclose my interest in East Beach Realty and file this disclosure. 4. I wish to disclose this interest and will abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 215 ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA 23451 1 11 Mrs. Ruth Hodges Fraser -2- July 7, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Thank you for your assistance and cooperation in this matter. 1Sinc ely, 5 o t--7 E. Uhrin Councilmember JEU/DRH 01.11A BF4c, o� r City of Vires;irzia I yea OF OUR NATIONS VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY-AT-LARGE FAX (757)385-5669 In Reply Refer to 0055338 July 7, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (I) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Cavalier Ventures, LLC/Cavalier Associates, LLC for a Conditional Use Permit for a Craft Distillery in the historic Cavalier Hotel at 4200 Atlantic Avenue. 2. The applicants have advised that Dixon Hughes Goodman provides financial services to the applicant. 3. I have a personal interest in Dixon Hughes Goodman because I receive income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. Dixon Hughes Goodman's address is 272 Bendix Road, Suite 500, Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act 1304 WREN PLACE,VIRGINIA BEACH,VA 23451 Mrs. Ruth Hodges Fraser -2- July 7, 2015 provides that I may participate without restriction in Council's discussion of, and vote on, the application and the ordinance, upon disclosure of this interest. 5. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wilson Councilmember RAW/DRH II -61- Item -VI-K.2 PLANNING ITEM#65015 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Application of WHLR — LASKIN ROAD, LLC for a Conditional Use Permit re a Marina at 948 Laskin Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon WHLR — LASKIN ROAD, LLC for a Conditional Use Permit re a Marina at 948 Laskin Road(GPIN 2418715689)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 the Joint Permit Application approval, the Marina shall be developed substantially in conformance with the exhibit entitled, "USE PERMIT EXHIBIT FOR NON-COMMERCIAL MARINA, WHEELER REIT OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA, " prepared by Gallup Surveyors & Engineers, Ltd., dated February 10, 2015. 2. The applicant shall obtain Joint Permit Application approval from the Planning Department prior to any construction. 3. The dry storage of boats shall not be permitted on the site. 4. The repair of boats and the sale of boating supplies and fuel shall not be permitted on the site. 5. An emergency access (sidewalk), with a minimum width of three (3)feet,from the western side of the proposed parking lot to the Marina shall be installed and subject to the provisions of the Chesapeake Bay Preservation Area Ordinance 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 Seventh day of July, Two Thousand Fifteen. July 7, 2015 II -62- Item -VI-K.2 PLANNING ITEM#6501 5 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 -63- Item -VI-K.3 PLANNING ITEM#65016 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT,Application of SHORE DRIVE FARM MARKET,LLC and SHORE PAR REALTY for a Conditional Use Permit re an Open Air Farm Market at 2961 Shore Drive DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon SHORE DRIVE FARM MARKET, LLC and SHORE PAR REALTY for a Conditional Use Permit re an Open Air Farm Market at 2961 Shore Drive (GPIN1499290996) DISTRICT 5— LYNNHAVEN The following conditions shall be required: 1. This Conditional Use Permit is only valid for one (1) year from the date of its approval by the City Council. After one (1) year, this Conditional Use Permit may be administratively renewed per Section 221(k) of the City Zoning Ordinance. 2. The Open Air Market shall not operate at the same time the church is having worship services. 3. All minimum parking requirements and aisle widths, as specified in Section 203 of the City Zoning Ordinance CZO), shall be met at all times for any operating uses located on the subject site. 4. Per comments from the City of Virginia Beach Fire Department, the twenty-five (25)foot aisle width located between the site of the Open Air Market and the twenty-two (22)parking spaces adjacent to the commercial building shall remain unobstructed at all times during the event. The twenty-five 25 foot aisle shall serve as the required Fire Lane. 5. The applicant shall ensure that all applicable Health Department requirements are met. 6. The majority of items made available 'for sale" at the Open Air Market shall be limited to regionally grown produce, seafood, and meat, locally prepared food products and handcrafted items. The sale of alcoholic beverages is not permitted as part of this Conditional Use Permit. 7. The proposed use may not operate more than three (3) times a week. The operation shall be restricted to the time between 9:00 AM. and 5:00 PM 8. There shall be no less than one (1) trash receptacle per one thousand(1,000)feet of sales area. All trash receptacles shall be regularly emptied so as not to overflow. Litter and debris shall not be allowed to accumulate. 9. Merchandise, stalls or other materials shall not be stored outdoors while the use is not open for business. July 7, 2015 -64- Item -VI-K.3 PLANNING ITEM#65016 (Continued) 10. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking. 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 Seventh day of July, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 II -65- Item -VI-K.4 PLANNING ITEM#65017 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of C.P. MARINE & DIESEL SERVICES, INC/SPENCO, L.P. for a Conditional Use Permit re Auto Repair at 1399 Air Rail Avenue DISTRICT 4 -BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon C.P. MARINE & DIESEL SERVICES, INC/SPENCO, L.P. for a Conditional Use Permit re Auto Repair at 1399 Air Rail Avenue (GPIN 1459832366)DISTRICT 4-BAYSIDE The following conditions shall be required: 1. Street front and foundation landscaping shall be installed on the subject site in accordance with the City of Virginia Beach Landscaping Guide. 2. The trailer and equipment encroaching into the railroad right-of-way and the ten (10)foot wide utility and drainage easement along the northwest lot line shall be removed. 3. Vehicles shall be parked only in the spaces shown on the Plan entitled "C. P. Marine &Diesel Services, Proposed Site Layout, 1399 Air Rail Avenue."Four of the said parking spaces shall be only for employees as designated on the Plan. 4. A second overhead garage door may be installed on the Northeastern side of the existing building, to the right of the existing overhead garage door, as depicted on the Plan referenced in Condition No. 3. In no case, however, shall the northernmost edge of the opening for the new overhead garage door be any closer than six(6) to seven (7)feet from the northern side of the existing building as depicted on the Plan referenced in Condition No. 3. 5. No vehicles waiting for service shall be stopped or parked at any time in the driveway section of the ingress/egress easement between parcels X-B (C&P Marine) and X-C (Creative Sales, Inc.). There shall be no queuing of vehicles waiting to enter, or exit, the new overhead large garage door, referenced in Condition No. 4, such that the vehicles block the driveway. 6. The parking area shall be re-striped as shown on the Plan referenced in Condition No. 3 in accordance with Public Works Standards and Specifications. 7. All repair work shall be conducted inside the building. 8. The existing overhead garage doors located on the Northern side of the building shall be enclosed on the interior of the building such that no access to and from the building shall be possible. The exterior of said doors shall be painted to match the color of the exterior of the building. 9. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. July 7, 2015 II -66- Item -VI-K.4 PLANNING ITEM#65017 (Continued) 10. There shall be no cargo container units, whether on or off of a chassis, located on the site. 11. No outdoor vending machines and/or display of merchandise shall be permitted. 12. The corrugated metal portions of the building shall be repainted a neutral tone. 13. The trash dumpster shall be screened with a six (6)foot high privacy fence and gate at the opening. 14. There shall be no bulk storage or motor vehicle sales permitted on the site. 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 Seventh day of July, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss • July 7, 2015 II -67- Item-VI-K.5(a)(b) PLANNING ITEM#65018 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, DEFERRED INDEFINATELY, BY CONSENT, Application of(a) PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard and (b) BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads:DISTRICT 7—PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 -68- Item -VI-K.6a PLANNING ITEM#65019 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT, Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO): a. §1700 of the City Zoning Ordinance (CZO) to reference the Shore Drive Corridor Plan and the Shore Drive Corridor Design Guidelines 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 Seventh day of July, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 II 1 AN ORDINANCE TO AMEND SECTION 1700 OF 2 THE CITY ZONING ORDINANCE TO 3 REFERENCE THE SHORE DRIVE CORRIDOR 4 PLAN AND THE SHORE DRIVE CORRIDOR 5 DESIGN GUIDELINES 6 7 Section Amended: City Zoning Ordinance § 1700 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 1700 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 ARTICLE 17. THE SHORE DRIVE CORRIDOR OVERLAY DISTRICT 19 20 Sec. 1700. Legislative intent. 21 22 The Shore Drive Corridor corridor is not only one of the primary routes of access 23 to the city's oceanfront resort area, but is also the location of First Landing/Seachorc 24 State Park, the site of the historic first landing of the Jamestown colonists in 1607, Joint 25 Expeditionary Base Little Creek-Fort Story, beaches on the Chesapeake Bay, and many 26 stable and attractive residential communities. As such, its appearance is vital to the city. 27 The purpose of the Shore Drive Corridor Overlay District is to enhance the appearance 28 of the area encompassed by the District and to preserve its vitality as an important 29 gateway to the city. The Shore Drive Corridor Plan and Shore Drive Corridor Design 30 Guidelines are provided for this District, the purpose of which is to encourage 31 development that is appropriate to the District. 32 33 COMMENT 34 35 The Bayfront Advisory Commission has requested a reference to the Shore Drive Corridor 36 Plan and Shore Drive Corridor Design Guidelines in the Shore Drive Corridor Overlay District 37 ordinance to assist staff and developers who are constructing in the area. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day of July , 2015. APPROVED AS TO ONTENT: APPROVED AS TO LEG L SUF'ICIENCY: •I L AS glEhlriBIA 6°C1110( I I I% Plannil Department City Attorney's Office CA13272 1 R-4/March 3, II -69- Item -VI-K.6b PLANNING ITEM#65020 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT,Application of CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance: b. 0111, 209.1, and 401, Defining "Farm Distillery", setting forth General Requirements for the Use and Allowing same as a Principal Use in the AG-1 and AG-2 Agricultural Districts 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 Seventh day of July, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 II 1 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE 2 SECTIONS 111, 209.1 AND 401, DEFINING "FARM 3 DISTILLERY," SETTING FORTH GENERAL REQUIREMENTS 4 FOR THE USE AND ALLOWING THE USE AS A PRINCIPAL 5 USE IN THE AG-1 AND AG-2 AGRICULTURAL DISTRICTS. 6 7 8 Sections Amended: City Zoning Ordinance Sections 111, 209.1 9 and 401 10 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That Sections 111, 209.1 and 401 of the City Zoning Ordinance, defining the 19 term "farm distillery," setting forth requirements pertaining to the use, and allowing farm 20 distilleries as a principal use in the AG-1 and AG-2 Agricultural Districts, are hereby 21 amended, to read as follows: 22 23 ARTICLE 1. GENERAL PROVISIONS 24 . . . . 25 Sec. 111. Definitions. 26 . . . . 27 28 Farm distillery. A distillery that manufactures not more than thirty-six thousand 29 (36,000) gallons of alcoholic beverages other than wine or beer per calendar year, and 30 (i) is located on a farm owned or leased by such distillery or its owner; and (ii) in which 31 all agricultural products used by such distillery in the manufacture of its alcoholic 32 beverages are grown on the farm. 33 34 COMMENT 35 36 The section defines the term "farm distillery." The definition largely follows the language 37 of Virginia Code Section 4.1-206 (2), describing "limited distiller's licenses," the type of ABC 38 license required for farm distilleries. 39 40 . . . . II 41 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 42 ALL DISTRICTS 43 44 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 45 PARKING, OFF-STREET LOADING, AND CERTAIN USES 46 . . . . 47 48 Sec. 209.1. Farm wineries,,and farm breweries and farm distilleries. 49 50 (a) Alcoholic Beverage Control Board (ABC) license required. No farm winery, 51 OF farm brewery or farm distillery shall be operated unless it is properly licensed as-such 52 by the Virginia Alcoholic Beverage Control Board pursuant to the applicable provisions 53 of the Virginia Alcoholic Beverage Control Act. 54 55 (b) Lot area. The minimum lot area for farm wineries, and farm breweries and 56 farm distilleries shall be two (2) acres, the entirety of which shall be in the agrioultural 57 AG-1 or AG-2 Agricultural t District. No farm winery, or farm brewery or farm 58 distillery shall be located on any lot that is subject to a conditional use permit allowing 59 alternative residential development pursuant to section 405. 60 61 (c) Allowed tis activities at farm wineries. The following uses and activities 62 are permitted at farm wineries, provided that such uses and activities are not 63 inconsistent with an establishment's ABC license: 64 65 (1) The production and harvesting of fruit and other agricultural 66 products and the manufacturing of wine; 67 68 (2) The on-premises sale, tasting, or consumption of wine or beer 69 during regular business hours within the normal course of business 70 of the farm winery; 71 72 (3) The direct sale and shipment of wine by common carrier to 73 consumers in accordance with applicable provisions of the Virginia 74 Alcoholic Beverage Control Act and regulations of the Virginia 75 Alcoholic Beverage Control Board; 76 77 (4) The sale and shipment of wine to the Virginia Alcoholic Beverage 78 Control Board, licensed wholesalers, and out-of-state purchasers in 79 accordance with applicable provisions of the Virginia Alcoholic 2 II 80 Beverage Control Act, regulations of the alcoholic beverage control 81 board, and federal law; 82 83 (5) The storage, warehousing, and wholesaling of wine in accordance 84 with the Virginia Alcoholic Beverage Control Act, regulations of the 85 Virginia Alcoholic Beverage Control Board, and federal law; and 86 87 (6) The sale of wine-related items that are incidental to the sale of 88 wine. 89 90 (d) Allowed uses activities at farm breweries. The following uses-and activities 91 are permitted at farm breweries, provided that such uses and activities are not 92 inconsistent with an establishment's farm brewer„ABC license: 93 94 (1) The on-premises sale, tasting, or consumption of beer during 95 regular business hours within the normal course of business of 96 such licensed brewery; 97 98 (2) The direct sale and shipment of beer in accordance with applicable 99 provisions of the Virginia Alcoholic Beverage Control Act and 100 regulations of the Alcoholic Beverage Control Board; 101 102 (3) The sale and shipment of beer to licensed wholesalers and out-of- 103 state purchasers in accordance with applicable provisions of the 104 Virginia Alcoholic Beverage Control Act, regulations of the Alcoholic 105 Beverage Control Board, and federal law; 106 107 (4) The storage and warehousing of beer in accordance with applicable 108 provisions of the Virginia Alcoholic Beverage Control Act, 109 regulations of the Alcoholic Beverage Control Board, and federal 110 law; and 111 112 (5) The sale of beer-related items that are incidental to the sale of 113 beer. 114 115 (e) Allowed activities at farm distilleries. The following activities are permitted 116 at farm distilleries, provided that such activities are not inconsistent with an 117 establishment's ABC license: 118 3 II' 119 (1) The production and harvesting of agricultural products and the 120 manufacturing of alcoholic beverages other than wine or beer; 121 122 (2) The on-premises sale, tasting, or consumption of alcoholic 123 beverages other than wine or beer during regular business hours in 124 accordance with a contract between a distillery and the Alcoholic 125 Beverage Control Board pursuant to the provisions of subsection D 126 of section 4.1-119 of the Virginia Code; 127 128 (3) The sale and shipment of alcoholic beverages other than wine or 129 beer to licensed wholesalers and out-of-state purchasers in 130 accordance with applicable provisions of the Alcoholic Beverage 131 Control Act, regulations of the Alcoholic Beverage Control Board, 132 and federal law; 133 134 (4) The storage and warehousing of alcoholic beverages other than 135 wine or beer in accordance with applicable provisions of the 136 Alcoholic Beverage Control Act, regulations of the Alcoholic 137 Beverage Control Board, and federal law; and 138 139 (5) The sale of items related to alcoholic beverages other than wine or 140 beer that are incidental to the sale of such alcoholic beverages. 141 142 {e3 If Special events. Special events shall be permitted up to six (6) times per 143 year. For purposes of this section, a special event is an event conducted at a farm 144 winery,or farm brewery or farm distillery on a single day for which attendance is allowed 145 only by invitation or reservation and whose participants do not exceed fifty (50) people. 146 Special events include, but are not limited to, meetings, conferences, banquets, dinners 147 and other events held for the purpose of marketing wine or beer or at which 148 consideration is received by the farm winery or its agents. Special events do not include 149 private personal gatherings held by the owner of a licensed farm winery, or farm 150 brewery or farm distillery who resides at the farm winery, or farm brewery or farm 151 distillery or on property adjacent thereto that is owned or controlled by such owner at 152 which gatherings spirits, wine or beer is not sold or marketed and for which no 153 consideration is received by the farm winery, or farm brewery or farm distillery or its 154 agents. 155 156 The city council may, by conditional use permit, authorize the number of special events 157 per year to exceed six (6) or the number of allowed participants to exceed fifty (50), or 158 both. 4 II 159 160 (e) (g) No kitchen permitted by the health department as a commercial kitchen 161 shall be allowed in conjunction with a farm winery,, or farm brewery or farm distillery. 162 Such kitchens may be used by licensed caterers for the handling, warming and 163 distribution of food, but not for cooking food, to be served at such special events or 164 festival. 165 166 (1)- (h) Outdoor amplified music shall be prohibited. 167 168 169 170 COMMENT 171 172 The amendments in new subsection (e) set forth the allowed activities at farm distilleries. 173 Other amendments are technical in nature and have no substantive effect. 174 175 ARTICLE 4. AGRICULTURAL DISTRICTS 176 177 . . . . 178 179 Sec. 401. Use regulations. 180 181 (a) Principal and conditional uses. The following chart lists those uses 182 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures 183 in the respective agricultural districts shall be permitted as either principal uses 184 indicated by a "P" or as conditional uses indicated by a "C." Uses and structures 185 indicated by an "X" shall be prohibited in the respective districts. No uses or 186 structures other than as specified shall be permitted. 187 188 Use AG-1 AG-2 189 190 191 192 Family care homes, foster homes or group homes C C 193 194 Farm wineries,and farm breweries and farm 195 distilleries, subject to the provisions of section 209.1 P P 196 197 Fiber-optics transmission facilities C C 198 5 II 199 . . . . 200 COMMENT 201 202 The amendments establish farm distilleries as a principal use in the AG-1 and AG-2 203 Agricultural Districts,subject to the provisions of Section 209.1. 204 205 206 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day 207 of July , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A ti(Acada (\4PI.n '' • -partment City Attorney's Office CA-13312 R-1 May 5, 2015 6 -70- ITEM VI-K APPOINTMENTS ITEM#65021 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 I III -71- ITEM VI-K APPOINTMENTS ITEM#65022 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: SCOTT AYERS Three-year term 07/01/2015—06/30/2018 BAYFRONT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 -72- ITEM VI-K APPOINTMENTS ITEM#65023 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: BRIAN CUFFEE JOESPH STRANGE Four-year term 09/01/2015—08/31/2019 DEVELOPMENT AUTHORITY Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 -73- ITEM VI-K APPOINTMENTS ITEM#65024 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: WILLAIM"Billy"ALMOND-Alternate ROBERT R. "Bobby"BEASLEY—Alternate BARBARA BOOKER-WILILAMS WILLIAM A.HEARST-Alternate Three-year term 09/01/2015—08/31/2018 INVESTIGATIVE REVIEW PANEL Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 II -74- ITEM VI-K APPOINTMENTS ITEM#65025 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: PAT DOLAN—Centerville and REAPPOINTED DANE BLYTHE—At Large KEMA M. GEROUX-Lynnhaven Three-year term 09/01/2015—08/31/2018 PARKS and RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 -75- ITEM VI-K APPOINTMENTS ITEM#65026 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: SUSAN SALAFRANCA -Alternate Unexpired term thru 02/18/2019 PERSONNEL BOARD Voting.• 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 Ih -76- ITEM VI-K APPOINTMENTS ITEM#65027 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: KIMBERLY SHEPHERD—At Large DEBRA R. STEIGER—Hampton Roads Community Foundation Three-year term 09/01/2015—08/31/2018 REVIEW and ALLOCIATION COMMITTEE-COG Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 If -77- ITEM VI-K APPOINTMENTS ITEM#65028 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: GLENN R. DAVIS R.PRESTON MIDGETT Three-year term 08/01/2015—07/31/2018 VIRGINIA MUSEUM OF CONTEMPORARY ART- TRUSTEES Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss July 7, 2015 -78- Item -VI-N ADJOURNMENT ITEM#65029 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:10 P.M. ‘'(%/A. nda Finley-Barnes, MC Chief Deputy City Clerk `uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia July 7, 2015 -79- PUBLIC DIALOUGE There being no speakers, the Mayor Closed the Open Dialogue. July 7, 2015