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JULY 14, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �,1Nu+Bq� MAYOR WILLIAM D.SESSOMS,JR.,At-Large .07r oma^ Wil' VICE MAYOR LOUIS R.JONES,Bayside-District 4 ky '' M.BENJAMIN DAVENPORT,At Large N � _ �� 2 ROBERT M.DYER,Centerville-District I U j 111%.li 'y BARBARA M.HENLEY,Princess Anne-District 7 SHANNON DS KANE,Rose Hall-District 3 -� C JOHN D.MOSS,At Large +p • AMELIA ROSS-HAMMOND,Kernpsville-District 2 rs °pe JOHN E.UHRIN,Bead,-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnitaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER JAMES K.SPORE CITYATTORNEYMARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDONS.REMIAS 14 JULY 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS -Conference Room- 3:00 PM A. AFRICAN-AMERICAN CULTURAL CENTER Council Lady Dr. Amelia Ross-Hammond B. SEA LEVEL RISE DISCUSSION Councilman John Moss C. HUMAN RIGHTS COMMISSION (HRC) ANNUAL REPORT Cliff Rice, HRC Chair II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS Jack Whitney, Director- Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—MAYOR WILLIAM D. SESSOMS,JR. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor Les Smith Victory 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 July 7, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. 25TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT Carolyn Caywood, Member, Mayor's Committee for Persons with Disabilities 2. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director- Finance I. PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY a. 1011 Atlantic Avenue—Open Air Café J. ORDINANCES 1. Ordinance to GRANT a Franchise Agreement with Moliar Liquid Assests 2, LLC re an Open Air Cafe at 1101 Atlantic Avenue DISTRICT 6 - BEACH 2. Ordinance to AUTHORIZE DAVID L. AND KAY D. KAUFMAN temporary encroachments into portions of City property to reconstruct and maintain an existing brick patio,wall,block wall and basketball goal at 82nd Street and Ocean Front Avenue DISTRICT 5 - LYNNHAVEN 3. Ordinance to ACCEPT and APPROPRIATE $906,662 from the Federal Highway Administration re traffic safety improvements and TRANSFER$226,666 re a local grant match (Shore Drive Bike project) 4. Ordinance to ACCEPT a Cooperative Agreement between City Council and the School Board re legal services for FY 2016 K. PLANNING 1. OCEANA SOUTH COMMERCE CENTER for a Variance to the Subdivision Regulations, Section 4.4(d) of the City Zoning Ordinance (CZO), to create a new lot at 2509 Squadron Court DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 2. DAVID S. and TERESSA A. ITALIANO for a Conditional Use Permit re bulk storage yard at 1417 London Bridge Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 3. WILLIAM FELTS -LAND TECH RESOURCES, INC and KYLE ELLIS -ENTERPRISE HOLDINGS for a Conditional Use Permit re motor vehicle rentals at 1845 Laskin Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. HAPPY BOXES LYNNHAVEN, LLC and JLB PROPERTY ASSOCIATES,LLC: a. Resolution to AUTHORIZE a limited waiver of the height restriction on property at South Lynnhaven Road and Lynnhaven Mall Ring Road (3.14 acres) b. A Conditional Use Permit re self-storage at the East side of South Lynnhaven Road and Sabre Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. PINEY GROVE BAPTIST CHURCH/MILLARD F. REID/CHARLES FREDERICK REID/JACQUELINE S. PRATT for a Conditional Use Permit re an expansion of a Chruch at 2804 Holland Road and 2821 Bald Eagle Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* i -1- cy ,„ 4„..,.: _ , .„, , , , P -"',9XL " Cort .'‘ hi h%uc J {�'j•, OLft t.,&,. /4 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 14, 2015 Mayor William D. Sessoms, Jr., called to order City Council's Briefing, in the City Council Conference Room, Tuesday, July 14, 2015, at 3:00 P.M. Council Members Present: M. Benjamin Davenport, Barbara M. Henley, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., Rosemary Wilson, James L. Wood and John E. Uhrin Council Members Absent: Robert M. Dyer running late Vice Mayor Louis R.Jones stuck in traffic July 14, 2015 -2- MAYOR'S ANNOUNCEMENT CITY MANAGER UPCOMING RETIREMENT ITEM#65030 3:00 P.M. Mayor Sessoms advised the City Council received a letter dated today, July 14, 2015, from the City Manager announcing his retirement, effective January 1, 2016. Mayor Sessoms stated he is sadden by the letter; however, is happy the City has had the benefit of such a wonderful and dedicated City Manager. The letter is hereby made a part of this record. Mayor Sessoms thanked the City Manager for the spectacular job he has done over the past twenty-four (24)years. It is evident he loves the City of Virginia Beach and it will be difficult to 'fill his shoes". City Manager Spore expressed his appreciation to the Mayor and City Council for the kind words. He is looking forward to working hard over the next five (5)months. July 14, 2015 ca City of Virginia Beach ff J"F 9 _ F OF OUR NAS05 VBgov.com OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)-385-4242 BUILDING 1,ROOM 234 FAX(757)427-5626 2401 COURTHOUSE DRIVE July 14, 2015 VIRGINIA BEACH,VA 23456-9001 The Honorable William D. Sessoms, Jr., Mayor and Members of City Council Dear Honorable Mayor and Councilmembers; After the twenty-four exceptional years that it has been my honor and privilege to serve as your City Manager, effective January 1, 2016 I am retiring as your City Manager. Our success this past generation is due primarily to three things: 1. A well-educated engaged and forward looking citizenry; 2. A City Council that has had the courage to create a vision and specific goals for the community; and 3. A highly professional staff that is aligned with your vision and dedicated to its achievement. This letter was most difficult for me to write since it means I will leave a professional role that I love. Last month marked the fiftieth anniversary of the beginning of my career — as an unpaid intern in a City Manager's office. I have been "hooked" on the incredible challenges and rewards of public service ever since. The opportunity to devote one's talents and energy to assist a community in improving the quality of life for all citizens is unsurpassed by any other profession. The support and encouragement you have shown me these many years is acknowledged and much appreciated. Without it I could not have succeeded in my role. Our partnership between elected leadership, professional management and the talented and dedicated members of the organization has produced significant beneficial results for the community. It is deeply gratifying to reflect on some of our more significant results achieved by this partnership such as the: • Lake Gaston water supply project • Convention Center July 14, 2015 Page 2 • Redevelopment of the resort area, including the new Boardwalk, the Big-Beach hurricane protection project, the 31St Street hotel,public parking and park, and the Laskin Gateway • Town Center, including the Sandler Center • Princess Anne commons including the Hampton Roads Soccer Complex, ODU/NSU Higher Education Center, Sportsplex, relocated P.A. Park and ballfields, Amphitheather, hospital complex, Advanced Technology Center, Health Professions Building, Science Building, Joint Use Library, Life Net, Operation Smile headquarters, Virginia Beach Fieldhouse, V.B. National Golf Course, YMCA/Tides Swimming complex, and CHKD. • Triple "A"bond rating from all three financial rating agencies • Dozens of roadway projects including the Lesner Bridge replacement • Numerous school renovations/replacements • Public Safety improvements including seven Fire and EMS stations, two Police precincts and the Emergency Communication Center • I-Fly mixed use and public parking structure • Expanded Virginia Aquarium and Museum of Contemporary Art • Decision to extend light-rail transit to Town Center • Creation of a system of first-class libraries, recreation centers and parks, and • Restoration of the iconic Cavalier Hotel. My pride in our many accomplishments is exceeded only by my admiration and respect for the professional members of the organization and our 20,000 volunteers that work diligently every day to make Virginia Beach "the greatest City in the world". Without their strategic thinking and dedication none of our achievements would have been possible. These achievements resulted from our ability to collaboratively set goals and develop effective partnerships between the government, the non-profit community and the private sector. Taken together, they and many other achievements have been recognized nationally by too many organizations and rating methodologies to mention here. I am confident the momentum we have established will continue to move Virginia Beach forward to an even more successful future. I pledge to you my full effort over the remaining months of 2015 to assure a smooth transition in the organization's administrative leadership and continued progress in achieving the vision you have so ably established for our great city. With Pride In Our city, J.mes . Spore C anager 111 -3- CITY COUNCIL'S BRIEFING AFRICAN-AMERICAN#6CULTURAL CENTER ITEM 5031 3:00 P.M. Mayor Sessoms welcomed Dr. Amelia Ross-Hammond. Dr. Ross-Hammond expressed her appreciation to City Council for the opportunity to bring this proposal forward: AFRICAN AMERICAN CULTURAL CENTER OF VIRGINIA BEACH Councilwoman Dr.Amelia Ross-Hammond Mr.Douglas Smith,Deputy City Manager City Council Briefing July 14,2015 y Y ; yyt ■B1 A 1111} e ff. Dr. Ross-Hammond advised the community has been discussing the possibility of an African American Cultural Center. Below is an overview of the project: Overview • ThereHampton Roaare 32 mdsuseumregions and cultural centers in the At Asi •• Out of the 32 centers,only 4 are African American -1'4` centered,including Historic Jamestown • • The African American ural Center wbe place `� where local residents andCultvisitors can learn about the richness d itof thrican American experience relating todiverstheiry livese African historically, aesthetically and culturally , • The Center will transcend race and unite the history a g of many older communities by sharing stories that w ;_ - ti shaped Beach/Princess fabric of the Gty of Virginia '£°�'• BrincesAnne County • It will highlight the contributions of African Americans to the region �,,.z:: AFRI-:A�.'.:�rt_RiC',ruo uvA!crrvrrR July 14, 2015 -4- CITY COUNCIL'S BRIEFING AFRICAN-AMERICAN CULTURAL CENTER ITEM#65031 (Continued) Below is the Mission of the African American Cultural Center, Inc.: Mission t ":'' • To collect,preserve,interpret and `; celebrate Virginia Beach and Princess Anne , , .1 County's African American history,culture ii. , i Ililik , 111( and community from mid 1600s to the '' present,and to inform and educate the public about their achievements in business,politics,religion,civic organizations and the Arts ii .ift.' . • To include regional African American , .. .t ::15V. : ',..',''''..1. History t r '!/14(20x5 F:=P;J IV kfZERi CSN:LL�JRAL Cc ITF.F 3 Below are the Goals: Goals �/ • To create an opportunity for those who would /� love to learn more about African American ,+1.5;": culture,and to explore and revel in its history Iti .3. ...,,.,, • To reiterate the important role of African Americans and share how essential African American Culture and History is to our City VP=1 • A Center to showcase the struggles of African - 43 Americans for civil rights and how they have L. nxo impacted freedom struggles regionally and s�, -z around the world ,„' • Build partnerships with African American historic xx sites and cultural centers in the region 7/14/2O 5 a;R;GAJ:.M EP.�'.:�LN CVLTUkai CENTER 4 July 14, 2015 -5- CITY COUNCIL'S BRIEFING AFRICAN-AMERICAN CULTURAL CENTER ITEM#65031 (Continued) Below is the organizational chart of the non-profit corporation: Organization 7..1 I The African American Cultural c Center,Inc.is a Nonprofit 501(c) (3)Non-stock Corporation with at 4tg, least an 11 member Board of u • Directors,and four officers Executive '. Board """ I Legal Legal Advisors Honorary Community, Board Advisory Board African American Cultural Center --� — `i Organization Table 7/14/2015 5 Below are the members of the Executive Board Executive Board • Dr.Amelia Ross-Hammond,(Project Director)Council Member • Jim Banks,Retired Mortgage Broker • Dr.Linda Bright,Pres./CED Health Care Services of Hampton Roads,Inc. (1st Vice President) • Wanda Cooper,Attorney,Cooper taw Firrn,P C. • Dr.Michael Daniels,Pastor,Enoch Baptist Church • Cheryl Davidson,Mortgage Analyst,Towne Bank Mortgage(Secretary) • Kevin Duffan,Attorney,Shapiro,Appleton and Duffan(Porliamentarian) • Hugh Greene,Financial Advisor • Shannon Kendrick,Regional Director,Congressman Scott Rigel! • W-Marcus Scriven,Esq.,Striven Law Offices(Second Parliamentarian) • Addie Wright Thomason,Pres./CEO, Virginia Beach Community Development Corp. • Bruce Williams,Pres./CEO,A.Bruce Williams and Assoc.(2nd Vice President) 71442011 AFP.I U::'J AMERICAN CA/711 11�_'VTER c July 14, 2015 -6- CITY COUNCIL'S BRIEFING AFRICAN-AMERICAN CULTURAL CENTER ITEM#65031 (Continued) Below are the Honorary Board Members and Advisors: Honorary Board Members & Advisors Honorary Board Members • Mr.E.L.Hamm,Pres./CEO E.L.Hamrn and Associates,Management, Engineering Consultant • Mr.Gary McCollum,Business owner and former V.P.for Cox Communications,inc. • Bruce Smith,NFL Hall of Fame • Dr.Carolyn Williams,Executive Director of FOHTA(From One Hand to An OTHER)Pharrell Williams Foundation Legal Advisors and Special friends of the African American Cultural Center • Mr.Morris Fine,Fine,Fine,Legum and McCracken,LLP • Mr.Guy Tower,Retired Attorney • Mr.Lewis Webb Ill and Mr.David Kamer,Kaufman and Candles P.C. 7/1cj2015 AFRICAN AMERICAN C-UII JRAL CENTER Below are the Community Advisory Board Members: Community Advisory Board • Tony Bailey,Representative from Lake Edwards Civic League • Reverend E.Ray Cox,Pastor,Interdenominational Churches • Jerry Jennifer Estes,Historian • Michelle Gilliam,Executive Director,Ella Fitzgerald Theater and Downing/Gross Cultural Arts Center(Newport News) • Debra Grant,Representative from take Edwards Civic League • Edna Hendricks,Author of African Americans in Princess Anne • Andrew Jackson,Chau;African American Leadership Forum and Seatock Civic League • Sandra Smith Jones,Former School Board member • Bishop Rudolph B.Lewis,Pastor,New Light Community Church • Becky Livas,Jazz Artist • Steve Mansfield,Retired Historian • Terron Rodgers,Pastor,Ebenezer Baptist Church • Donna Speller Turner,Consultant/Strategic Planner • Juan Turves,Director African American Culture of Excellence • Barbara Williams,Graduate of Union Kempsville High School • Rudolph Wilson,Professor,Political Science,Norfolk State University • Carl Wright,President,Virginia Beach NAACP • Representative from Virginia Wesleyan College 7/1t/2015 AFRICAN AMERICAN CULTURNE CENTER July 14, 2015 111 -7- CITY COUNCIL'S BRIEFING AFRICAN-AMERICAN CULTURAL CENTER ITEM#65031 (Continued) The map below provides the geographic context of the project. The Site has easy access to transit and is located near 6 of the 12 historically Black neighborhoods in the City: Context -- - HISTORICALLY BLACK NEIGHBORHOODS IN VIRGINIA BEACH _- SMro� LAI-..uni�azk x cracnn �$ 12 3eaea�t VIRGINIA BEACH '14'"4s Note Current African American population is 84,592 The Site is 4.8 Acres at Lake Edwards Park: Site — Lake Edwards Park pew x f/ ' �„ a ��i�i�pyc u.FiCA:AMEa;GTN CU L:UfltL C_?1T[N 10 July 14, 2015 -8- CITY COUNCIL'S BRIEFING AFRICAN-AMERICAN CULTURAL CENTER ITEM#65031 (Continued) Below is the Conceptual Site Plan and Building Spaces: Conceptual Site Plan and Building Spaces 25000 square foot building , '"f '-f uw • Meeting rooms and cultural t _ ` ;:r. learning classrooms for Visual, Performing and Literary Arts 4 ` • Multipurpose Hall (banquet/auditorium)with commercial kitchen t f , • Exhibits and exhibit spaces ' < H Offices and Restrooms • Souvenir shop 142015 AFF�CAN AMER�G1t.!CUUU CEPREP /0 The Center will provide outdoor activities as well: Conceptual Site Plan and Building Spaces r Outdoor Activity areas and � -• public art • Walking trails ''''.*- *-40 ,.;'y 90 parking spaces c • Natural Areas Relocated courts ° Buffer active areas from i 4 `° "` ''"' • Cultural Center • Preserve trees,replace C trees removed '� �, .f.,;,,,-,1.-(:* �t - �� _ • Improved pedestrian x a ��' �7 connections l Use entrance on Newtown Road /1J;2015 Ac R�...AY AMEF;;Al CUl'.7 it'!'ER 1� July 14, 2015 . -9- CITY COUNCIL'S BRIEFING AFRICAN-AMERICAN CULTURAL CENTER ITEM#65031 (Continued) Below are the benefits to the City: Benefits to the City • Establish Virginia Beach as another hub for African American historic sites and cultural activities in the region • A major amenity for the Burton Station and Newtown Strategic Growth Areas • Direct and indirect job creation opportunities • Become an additional tourism asset for the City and region �n</mss tic�icau ArvitNlc2N cup*..a.cce:vre: 12 Below are the next steps for this proposed project. Next Steps • Memorandum of Understanding between the City of Virginia Beach 00 and the African American Cultural Center,Inc. b'. ,,,..,k4,,:::.,:::,:,47. ...7:.: • Initiate fund raising 4 • Continue public involvement and community conversations • Engage design services to develop t. a.. preliminary building and site plans . A-- `'" r , 1 I • Establish capital budget and a pro ' -`"'"--- forma operational budget ° • Inclusion into the forthcoming City Cultural Plan J/14/20r� AFRI--;AN AMERICAN i.11li Ui H1 L_Y'EF July 14, 2015 -10- CITY COUNCIL'S BRIEFING AFRICAN-AMERICAN CULTURAL CENTER ITEM#65031 (Continued) Below is the Conceptual Rendering of the proposed Center: AFRICAN AMERICAN CULTURAL CENTER OF VIRGINIA BEACH "Conceptual Rendering" Jars err Questions and Discussion Councilwoman Dr.Amelia RossHammond Doug Smiih,Deputy City Manager City Council Brieting,July 14,2015 Mayor Sessoms thanked Dr. Ross-Hammond and City Stafffor their work on this project. July 14, 2015 -11- CITY COUNCIL'S BRIEFING SEA LEVEL RISE DISCUSSION ITEM#65032 3:21 P.M. Councilman Moss expressed his appreciation to the City Manager for the Sea Level Rise information packet provided to City Council dated July 10, 2015, and hereby made a part of this record. Councilman Moss has heard Dr. Koch, on more than one occasion, state the biggest issue Hampton Roads faces is not transportation; but, in fact, the impact and financial implications of Sea Level Rise. Also, now that the FEMA Map has been updated and changed, the Flooding Zone Category of properties as well as the premiums are reflecting changes. Councilman Moss suggests having a Roundtable with the insurance industry would be very educational for the City Council and City Staff to understand the drivers in setting premiums. Also, he feels it would be a good idea to look at the strategies and how actuaries will look at remediation to determine if they will have any impact on premiums in the area. If not, the City is simply trading one expense for another. As the City looks at the new Debt Policy, Sea Level Rise is a big dollar items and the City should hold back and reserve borrowing capacity until we receive more facts to ensure we have enough borrowing capacity. This, in fact, may cause the City to go back and look at other public projects because, if we cannot protect them, then we should not be building them. He feels this cannot be on the "back"of the Stormwater Management Fee. The City knows the "time bomb" is out there and it is much closer than most think. He thinks this is a good business decision; but, without the insurance industry input, the City cannot make the compelling business case to have a frank conversation with the Community. He suggests the City take a comprehensive look at how the cost of projects is allocated. The information shows a tremendous number of"Regional Projects". Councilman Moss requested,prior to any document(s) being submitted to FEMA, the City Council be given a Brief with an opportunity to approve the document(s). Again, he thinks this is a great opportunity to include the public and he would like to hold an "Insurance Roundtable" to fully understand how insurance companies will assess these risks. Council Lady Wilson asked if the City is adjusting the Building Code knowing Sea Level Rise is a real issue. City Manager Spore advised the City Council raised building elevations by two (2)feet of the habitual floor area. The City met with the Army Corps of Engineers and they are in the process of completing a Study around Hampton Roads. This Study is expected to take three (3) years and once that Study is complete, we will know the best solutions to address the issue. Once we have best solutions, the City will have to focus on how it is funded. City Manager Spore does not think that any municipality can absorb the costs of these projects without funding from the State and/or Federal Governments. He advised the Staff is running full-steam ahead and making sure the City is attending each one of the meetings. The feeling is that in the next two-to-three years, the City is going to see some major solutions brought forward. July 14, 2015 II -12- CITY COUNCIL'S BRIEFING SEA LEVEL RISE DISCUSSION ITEM#65032 (Continued) Mayor Sessoms advised City Council discussed this very issue at the last Retreat and the question of what order do we want to do things. He totally agrees the City needs to involve the Insurance industry but wonders if the City should talk to the Federal and State Governments prior to engaging the Insurance industry. He feels this is going to require Federal and State dollars. He also stated studies that go on forever scare him. Everyone knows this is a problem but he would like to come up with a schedule or timeline to address the issue. City Council has already agreed on areas within the City where development would not be allowed because of this very issue. It is almost if the City needs a master-mind to deal with the planning,funding, insurance and all of this information on how it is going to be pulled all together in an organized way in order to respond quickly. Councilman Moss agrees totally. If the City has borrowing capacity set aside, then the City is in a better position for funding matches from the Federal and State Governments. Council Lady Henley agrees input from the Insurance companies is absolutely necessary as they will be the "driver" behind premiums. Even from the last major storm that missed the City and went more inland(Irene), it has affected the insurance companies willingness to insure homes. Other programs the City has, such as the Open Space Program, may prove to be quite beneficial. As a part of the Comprehensive Plan update, the issue of Sea Level Rise will be addressed. She also feels the City's Strategic Growth Areas are another good example of the proactive approach the City is taking. Council Lady Ross-Hammond advised the City is being proactive in approving projects. For instance, in the Kempsville/Princess Anne Road improvement project took into consideration this very issue. Mayor Sessoms expressed his appreciation to everyone for their concerns and comments. July 14, 2015 c X14 malty Of Viurglrila eaC�1 49��8 Op OUR NA�0136 env VBgovcom OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BUILDING 1 FAX(757)427-5626 2401 COURTHOUSE DRIVE TTY. 711 VIRGINIA BEACH,VA 23456-9001 July 10, 2015 The Honorable William D. Sessoms, Jr., Mayor and Members of City Council Subject: Ongoing Staff Actions Regarding Sea Level Rise and Recurrent Flooding Dear Mayor and Councilmembers: Much discussion is taking place nationally, within the Commonwealth, regionally in Hampton Roads and within own jurisdiction regarding the future impacts of sea level rise and recurrent flooding which is occurring more frequently. We have established a City Manager Working Group for Sea Level Rise and Recurrent Flooding (SLR&RF) in which leadership from most departments and the City Attorney's Office are participating. Their monthly agendas are focused on providing updates from the myriad of committees and ongoing actions related to the issues of SLR and RF. Attached you will find a summary of activities in which our staff is engaged regarding this topic. Should you have questions regarding activities related to these efforts, this list should be helpful in identifying the staff element which is involved. Should you have any questions regarding our efforts to gain comprehension of sea level rise and to establish strategies for dealing with recurrent flooding please contact DCM Dave Hansen. With Pride in Our City, 1%41 . Spore ager JKS/s Attachment II 3 3 e . �� : � .: � x�� .mx� � k� � ate:. �:�a-.� � � F .za writ. Planning/ESO Planning ESO attends both the Hampton Roads Planning District HRPDC Sea Level Rise Committee& Commission Sea Level Rise Committee Meetings and the Sea ODU Center For Sea Level Rise: Pilot Level Rise and Recurrent Flooding Forums, is a member of the Project—Land Use Work Group ODU Pilot Project's Land Use Working Group, and a participant in the update processes for the Comprehensive Plan and the Hazard Mitigation Plan. In addition, ESO is coordinating the process to address deficiencies in the City's Floodplain Management Program found during the FEMA Community Assistance Visit in Summer 2012, provides review for development projects located in the Special Flood Hazard Area, and recently collaborated with Public Works to develop a policy report to evaluate the potential for Virginia Beach to participate in FEMA's Community Rating System. Public Works/Engineering The mission of the Pilot Project is to develop a regional "whole Hampton Roads Sea Level Rise of government" and "whole of community" approach to sea Preparedness and Resilience level rise preparedness and resilience planning in Hampton Intergovernmental Planning Pilot Roads that also can be used as a template for other regions. Project/ODU Center For Sea Level Rise: Upon completion of the Pilot Project, Hampton Roads will have Pilot Project—SLR Pilot Project in place an intergovernmental planning organization that can Infrastructure Work Group effectively coordinate the sea level rise preparedness and resilience planning of Federal, state and local government agencies and the private sector,taking into account the perspectives and concerns of the citizens of the region. Public Works/Engineering The committee is a special committee of local staff and other HRPDC/Sea Level Rise Advisory stakeholders to address recurrent flooding and sea level rise, Committee and the HRPDC agreed to this proposal.This committee has three objectives: 1. Develop specific recommendations related to recurrent flooding and sea level rise adaptation and mitigation for local governments. 2. Advocate for support and action by the state government and federal government. 3. Serve as the primary regional contact to coordinate efforts with federal agencies and academic institutions. Public Utilities Developed a listing of all sewer pump stations subject to Developed a Listing of all Sewer Pump flooding and are evaluating infiltration and inflow from 2, 5,and Stations/ Including Groundwater Level 10 year storm events. and Flooding in Design &Construction Considerations Sea level rise is a contributing factor for some of these stations and collection systems, but many factors come into play. Aging infrastructure and Consent Order mandates are also driving our efforts to elevate some of our infrastructure or tighten it up so that it would resist infiltration and inflow from sea level rise and reoccurring flooding. As we replace pump stations, add generators, and rebuild collection systems,groundwater level and flooding is considered in the design and construction. Focused on Public Infrastructure. Fire/Office of Emergency Management The Regional Hazard Mitigation Plan is required to be updated Regional Hazard Mitigation Plan by 2016 and the City of Virginia Beach's role is to provide Mitigation Actions for the plan.The regional plan includes 22 jurisdictions and each one will have their own chapter addressing their actions and relate them back to the overall objectives of the plan.A work group has been formed to identify actionable and realistic mitigation actions for the City. Fire/Office of Emergency Management Currently,we are in the last months of finishing Project#1 that Severe Repetitive Loss Housing includes the elevation of 7 properties. Project#2 includes 8 Elevation Program properties for elevation and the engineering firm has begun to meet at each property owner to begin the designs.The Flood Mitigation Assistance grant period has opened to submit additional applications for housing elevation projects.OEM is in the process of developing the application for smaller properties that meet the pre-qualified BCA to be elevated for$175,000. Public Works/Operations Public Works/Operations provide Project Management support Severe Repetitive Loss Program to the Severe Repetitive Loss Program.The support includes one Project Management Support full time construction inspector and engineering project management. Need to focus on getting out of public oversight of private construction—cost sharing to allow—establish BC— Potential out of pocket claim costs- " .44101410001 ComIT/GIS Mapping CGIS is actively participating in the regional Sea Level Rise and CGIS'Support of Sea Level Rise and Adaptation workgroup as well as providing ongoing GIS technical Recurrent Flooding support to the Planning and Community Development, Engineering and Operations, and Public Safety functional teams. Finance/Debt Administration Each of the three rating agencies, Fitch, Moody's and Standard and Poor's, require an update on this with every bond sale, currently three per year/rating. Sea Level Rise& Recurrent Flooding is on the agency's radar and they will require an update with every rating. NOTE: Finance Debt Administration and Public Works recently completed a Moody's questionnaire on Virginia Beach's response to SLR&RF that was used as input for their report entitled"Virginia's Hampton Roads Region Responds to Flood Risk." Parks& Recreation Parks& Recreation is coordinating with Public Works on regional Open Space and Urban Forest BMP opportunities on existing park sites(i.e. Bow Creek Golf Management Course) Outdoors Plan update is underway in P&R • As a part of this effort,floodplain preservation areas on all existing park properties will be identified and mapped. Currently, 38%of the floodplain within the city is located on parks and recreational properties. • P&R will address long term vision/future opportunities to integrate recreational benefits into future regional stormwater facility planning, such as a greenway trail or new park space adjacent to a regional wet pond. Strategic Growth Area Office The City's Economic Vitality and Quality Physical Environment City and VBCPS Strategic Issue Team Strategic Issue Teams, made up of leadership from numerous Coordination City and Schools departments, have been coordinating for the past year on: • Establishing the current reality of Sea Level Rise and Recurrent Flooding (SLR/RF) specific to Virginia Beach and Hampton Roads • Supporting an action plan that evaluates and makes recommendations for potential SLR/RF impacts • Unifying the City's organization's position on SLR/RF in order to proactively address business retention,expansion and recruitment as well as the tourism market. II *T t.. Strategic Growth Area Office— Staff is in the process of assessing impacts of sea level rise and Analysis of Strategic Growth Areas recurrent flooding to determine what changes must be made to the SGA Plans. Public Works/Engineering With Council's direction to have comprehensive City Response Comprehensive Sea Level Rise/ Plan to SLR/RF prepared,the City has retained Dewberry Recurrent Flooding Analysis Consultants, LLC as its technical partner to prepare the plan. The (CIP 7-030) effort is well underway and is first concentrating on the Lynnhaven Watershed with the Elizabeth River, Southern Watersheds, and the Atlantic Coast closely following. The response plan will ensure the City of Virginia Beach has both governance and engineering strategies to address SLR/RF impacts within our community. Within the scope of this project, the engineer will identify preferred adaptation strategies and specific implementation measures for each of the watersheds within the City's regions; prioritize the strategies using qualitative and quantitative metrics; identify costs and associated funding sources to support implementation of response plans in each watershed; implement a public outreach strategy to educate and engage stakeholders; and coordinate efforts across the region with other communities and stakeholders impacted by SLR. Public Works/Engineering The City has retained CDM Smith to develop hydrologic and Master Drainage Study(CIP 7-183) hydraulic(H/H) models for each of the drainage watersheds to evaluate the performance of the City's stormwater system. The purpose of the modeling analyses is to evaluate the primary stormwater management system (PSMS)for multiple size rainfall events and downstream tidal boundary conditions, including expected rises in sea level. The PSMS includes the constructed stormwater facilities and overland flow paths that drain to the downstream waterbody(i.e.the boundary condition). This work will aid our efforts to evaluate recurrent flooding for areas of the City which depend on existing drainage systems outfalling to tidal areas. Public Works Engineering Initial engineering analysis has been completed and the Central Beach District Drainage development of the final drainage master plan for the Central Beach District is underway.This area extends from approximately 23rd Street on the north to 17th Street on the south and from Birdneck Road on the west to Atlantic Avenue on the east. This area has a substandard and aged storm water system, experiences significant flooding in many areas, and is and will be increasingly affected by tides and rising levels. Preliminary estimates for a comprehensive drainage system exceeded $100M with the initial phase to address flooding on 22nd Street estimated at$17M. Public Works/Engineering The Windsor Woods area experiences recurrent flooding.The Windsor Woods Drainage (CIP 7-028) frequency of which is increasing as the area is totally connected to the Lynnhaven River,which in turn could be affected by increasing sea levels. Preliminary estimates for storm water system improvements that would be compatible with future probable sea level rise barriers are in the$30M -$40M range. Public Works Engineering The Eastern Shore Drive area lies between the Chesapeake Bay Eastern Shore Drive Drainage (CIP 7- on the north, Long Creek on the south, Lynnhaven Inlet to the 151) west and First Landing State Park on the east.This low lying area is experiencing increasing recurrent flooding and rising sea levels will increase the frequency and extent of flooding.The backbone of the drainage system consisting of five storm water pump stations other significant drainage improvements is estimated to Fire/Office of Emergency Management cost$71M. Design and property acquisition are currently funded in the CIP (7-7401).Any additional sea level rise improvements such as berms, sea walls, and other high water barriers that may ultimately be necessary will be identified in the Comprehensive City Response Plan to SLR/RF that is currently underway. Public Works Engineering CIP 4-16 is programmed for funding in FY 18 and 19 with Sandbridge Road Bridge construction to be completed by 10/2020. Stormwater fees used for the City Council's support of the stormwater fee increase provided maintenance and support of Atlantic long-team maintenance and repair funds for the stormwater Avenue pump stations pumps throughout the City. Dutch Dialogue attendance The Dialogue was an effort by the Dutch Government to Sponsored by the Dutch Embassy illustrate how the Dutch approach Sea Level Rise and Recurrent Washington D.C. flooding. The design charrettes, held in Norfolk,took place over a 5 day period starting Friday June 19 and culminating in a presentation on Tuesday morning June 23. Several City staff members attended the public sessions. There were two study areas, one in Norfolk and the other in Hampton. ,.. �. x - g act .,trrA € The general approach was to reestablish the natural flow ways and as necessary provide flow gates to protect upstream areas from storm surge. Reestablished natural streams act as storage reservoirs to hold the runoff until it can be released in a controlled manner. Property rights and environmental permitting were overshadowed by the master planning process. Public Works Operations The Public Works Stormwater Off Road Ditch Maintenance SLR/RF Off Road Ditch Program program addresses recurrent flooding by re-establishing ditches Princess Anne District to original line and grade.Approximately 87 miles of off road ditches are located in the Princess Anne District and are a vital component of the drainage system. The current focus of the program is to clean ditches conveying stormwater to Back Bay. Public Works Engineering At the request of the citizens of Croatan Beach the staff is Croatan Beach and Rudee Inlet preparing a scope and obtaining cost estimates for a study to Navigation Channel Study determine if the jetties of Rudee Inlet need to be modified so as to mitigate potential impacts of sea level rise and increased storm intensity along our coast line. Planning and Public Works The City Manager's Working Group on Seal Level Rise and Community Rating System Recurrent Flooding has completed their research and submitted a Policy Report to the Management Leadership Team (MLT) recommending the City begin the application process with FEMA. City Manager's Working Group on Sea At the request of the Manager,this working group was formed Level Rise and Recurrent Flooding this spring and meets monthly to conduct review and discussion on issues initiatives involving sea level rise and recurrent flooding. 11 1 -13- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 3:43 P.M. Mayor Sessoms welcomed Cliff Rice — Chair, Human Right Commission. Mr. Rice expressed his appreciation to City Council for their continued support: CITY OF VIRGINIA BEACH HUMAN RIGHTS COMMISSION far Z - ap —_ ,,a ii F m,. ;,' .1�a. s. Mr. Rice advised this past year's activities were based on remembering former Mayor Oberndorf Remembering ! .: , ,.,.,, _,,, a � . , . .,., „.....,--..._ , ..., „.. f, , , July 14, 2015 -14- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) Below is a summary of the Commission: Summary . This report is a testimony to the commitment of all members of the HRC and staff to achieve excellence in human relations, and to build an inclusive culture in which we strive to increase community understanding of cultural diversity, and tightening the fabric of understanding for "all" people to live,work and visit in our great City. Our work continues to evolve on local, national and global issues. The Commission,for the second year,participated in Homelessness Awareness Week: Homelessness Awareness Week For the second year,the HRC and Volunteers of America, in partnership with the Department of Housing and Neighborhood Preservation,the BEACH Community Partnerships, and the Hampton Roads Rotary Club, hosted Homelessness Awareness Week December 15- 21, 2014. The community's concern and commitment to this week was demonstrated by their generous donations of blankets, jeans, socks,towels, and assorted toiletries which surpassed last years donations. July 14, 2015 II -15- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) Homelessness Awareness Week (cont'd) The week concluded with the Homelessness Memorial Day Vigil at the VOA Lighthouse Center in which Mayor William D. Sessoms, Jr.who proclaimed Homelessness Awareness Week. Special recognition was given to Jayla Newson, a five-year-old Virginia Beach resident who created Jayla's Helping Little Hands which prepares and distributes bags filled with items for people who are experiencing homelessness. Citizen attendance at the vigil increased. The Commission also participated in Human Rights Week by hosting a public Forum: Human Rights Week Public Forum In celebration of the 66th Annual International Human Rights Day,we hosted a cultural community conversation on December 10, 2014 at the Renaissance Academy. The purpose of this event was to bring citizens together to discuss what they have in common, listen to community concerns, and learn the mutual misunderstandings of the many cultures in our community. July 14, 2015 II -16- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) Human Rights Week (cont'd) - The conversations were formatted for the top three topics requested by citizens: Education, LGBT, and Living in the Shadows. Citizens were instructed to discuss what they see or experience in these communities. - Through open dialogue, participants spoke and listened in a very positive and respectful manner. - These civic-minded citizens are willing to share their talents and experiences to form task forces to address these concerns.These conversations will continue throughout the year. Human Rights Forum (cont'd) - A second conversation took place on May 13, 2015 for further group discussions and to determine how to implement the recommendations. - Focus groups have been established and are actively addressing concerns and developing action plans. July 14, 2015 1 -17- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) The Commission participated in the "Just Faith"program for the second year.• "Just Faith" Program For the second year, Commissioners Raj Islam and Teresa Stanley continued to coordinate and host sessions based on a nationwide program called "Just Faith" which brings people of Christian, Jewish, and Muslim faiths together. Students of the "Just Faith" program relayed their experiences in the program and expressed their gratitude for the impact the program has had upon them and in the community to the HRC. The Commission hosted the 21`Annual Awards Program— "Changing Lives in Virginia Beach(365 days a year)"where six (6) awards were presented: HRC 21St Annual Awards Program On April 29, 2015, more than 140 people gathered at the Virginia Beach Convention Center for the Virginia Beach Human Rights Commissions' 2151 Annual Human Rights Awards Program titled: "Changing Lives in Virginia Beach (365 days a year)." Through their efforts in our community,these citizens are continually changing and improving our City for the betterment of humankind. Six awards were presented. July 14, 2015 II -18- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) For the second year, they participated in Beach Weekend. A report compiling the information and recommendations received was provided to the Police Department: Beach Weekend Observers For the second year,the HRC along with citizens observed the Oceanfront during Beach Weekend by serving as 'Welcoming' ambassadors by providing general information; observing City services; and assessing the atmosphere with regards to safety, friendliness, as well as any signs of discrimination. A report that reflected the compiled information,to include recommendations, was provided to the Police department for their use. The Police Department offered fair and impartial Police training and a number of Commission Members participated: Fair & Impartial Policing The VBPD offered Fair and Impartial Policing Training by Dr. Lori Fridell and the Department of Justice. This training advocated and delivered a science based approach to the subject of implicit bias,teaching that biases are present in every person. __; The training was opened to mid and senior level management from the VBPD,as well as community representatives, activists, and leaders. Commissioner Stanley and myself attended this valuable training session. July 14, 2015 -19- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) The Commission met with the Mexican Embassy in May to discuss concerns and exchange information. The Police Department also met with the Embassy to discuss policing concerns and community outreach efforts: Meeting with Mexican Embassy On May 20th, Commissioner Beatriz Amberman, Sheriff Ken Stolle, Bonnie Beni and members of the VBCPS met with the Hon. Juan Carlos Mendoza Sanchez to discuss concerns and to exchange information. On May 21st, Chief Cervera and his command staff met with the Hon. Juan Carlos Mendoz Sanchez to discuss policing concerns and community outreach efforts. The Commission has received a number of information presentations over this past year: Informed Presentations VBPD Community Outreach Efforts VBPD Human Trafficking VBCPS Enrollment & Residency Requirements Virginia Beach Sheriff's GED Program Virginia Beach Human Resources Strategic Workforce & Employment Plan Let's Open Doors Program July 14, 2015 -20- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) Below are the community events in which the Commission participated: Community Events Human Trafficking Forums by Congressman Rigell's Office, FBI and VB Crime Prevention Steering Committee Together We Can Foundation Awareness Breakfast Meetings National Night Out Welcome reception for Dr. Aaron C. Spence,VBCPS Superintendent Community Events Virginia Center for Inclusive Communities Humanitarian Dinner Urban League of Hampton Roads Events Hampton Roads Diversity and Inclusion Consortium Quarterly Meetings Point In Time Count VBPD Neighborhood Surveys Western Bayside Community Events July 14, 2015 II -21- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) Offering Assistance One of the objectives of the Commission is to provide assistance to residents who believe their rights have been violated.The Commission does not have legal authority to act on the claims. Rather,the role of the Commission is to assist the person with identifying the appropriate agency (at the local, state, or national level) that can address the claim. This year we received 16 inquiries from our citizen's needing referral assistance for education, housing, employment and disability. Below are City Committees the Commission has worked with over this past year• City Committees Affordable Housing Virginia Beach Arena Citizens Communication Committee Bringing an End to Homelessness (BEACH) Citizen Advisory Committees (All four precincts) Light Rail Committee Mayor's African American Roundtable MAPP Leadership Committee - Public Health Department July 14, 2015 -22- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) City Committees Resort Advisory Commission Virginia Beach Council of Civic Organizations Sustainability Planning Committee VBPD Minority Policing Workgroup Virginia Beach City Public Schools Equity Council The Commission has volunteered approximately 530 hours this past year:• Volunteer Hours This budget year we have volunteered approximately 530 hours with an estimated savings of $24,000 to achieve our mission to the citizens of Virginia Beach. July 14, 2015 I � III -23- CITY COUNCIL'S BRIEFING HUMAN RIGHTS COMMISSION(HRC) ANNUAL REPORT ITEM#65033 (Continued) Below are the Commission's future plans: Future Plans _1 Sustain our commitment to promoting racial justice and equality in our great City. Continue to dialogue with community leaders to gain an understanding of their issues and concerns in their community. July 14, 2015 -24- CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65034 4:07 P.M. Mayor Sessoms welcomed Karen Lasley and Stephen White — Planning. They expressed their appreciation to City Council for their continued support. Below are the details for the Planning Items to be heard on August 4 and 18, 2015. Detailed items are hereby made a part of these proceedings: AUGUST 4, 2015 Eurotech Service Center,LLC Gary Collier Wave Church Paul S. Brown Family,LLC BT Holdings HI,LLC Wave Church Outdoor Resorts Amendment to Zoning Ordinance (Group Homes) AUGUST 18, 2015 2798 Dean LLC Larae Tucker PF Hilltop Fun Spot Amusements Mark& Kenny Samtani Victoria Park HOA Studio Evolve Amendment to Zoning Ordinance (Family Day-Care Homes) July 14, 2015 �� we ct-4,2:404 I' d 63 V ..,..A.- ,;i ..�' r>. '' '' 44//:- t‘ . . cal -..:14 „- r• Cyt te yp,,,...,,,,,,,,,,,-,,,„ „iy...,.1.1,,,,... ,'wiz-E4' - .:...., -, 4,,,,-$ ,....„.,s„.0..,_____0_,,_„ SpU . f r�4g� t�,"air,. c Tr Jo P on q O C 41 1 4 ,i • 44 k Ar . . •rA,:„: U �" t vn"' ~_ S tw Q •a) ea d o. i s ,� e'� 14'_ ¢ a "'a 1311 �, 14$c:. 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Mayor Sessoms advised Beach Fellowship made a donation of$130,000 and Wave Church donated $50,000 for the Housing Resource Center. Mayor Sessoms advised the City has also received smaller contributions as well; however, these are the two largest donations to-date for this project. Mayor Sessoms expressed the City's appreciation to the two Churches for their generous contribution and participation in this worthwhile project. July 14, 2015 1 -26- CITY COUNCIL COMMENTS ITEM#65036 Councilman Moss referenced an article in the local paper stating if the School Board makes no further changes to their Health Insurance, their plan will constitute and qualify as a "Cadillac Plan" and will require additional public funds to be expended to pay the tax penalty. He requested more detail on this issue. City Manager Spore advised if this should happen, it will happen in 2018 and be very minor. However, the City is in the process of taking steps to ensure that does not happen. • July 14, 2015 111 -27- CITY COUNCIL COMMENTS ITEM#65037 Council Lady Ross-Hammond expressed her appreciation to Barry Frankenfield from the SGA Office for all of the work and assistance he provided in working on this African American Cultural Center Project. July 14, 2015 I -28- CITY COUNCIL COMMENTS ITEM#65038 Council Lady Henley advised the Agriculture Advisory Commission met last night and one of the reports was from Public Works regarding the three (3) day discussion/information session for the "ditch" situations held at the Ruritan Barn. The Report was favorable and the Staff received a lot of good information. July 14, 2015 111 -29- AGENDA REVIEW SESSION 4:50 P.M. ITEM#65039 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES 1. Ordinance to GRANT a Franchise Agreement with Moliar Liquid Assets 2, LLC re an Open Air Cafe at 1101 Atlantic Avenue DISTRICT 6-BEACH 2. Ordinance to AUTHORIZE DAVID L. AND KAY D. KAUFMAN temporary encroachments into portions of City property to reconstruct and maintain an existing brick patio, wall, block wall and basketball goal at 82nd Street and Ocean Front Avenue DISTRICT 5- LYNNHAVEN 3. Ordinance to ACCEPT and APPROPRIATE $906,662 from the Federal Highway Administration re traffic safety improvements and TRANSFER $226,666 re a local grant match (Shore Drive Bike project) 4. Ordinance to ACCEPT a Cooperative Agreement between City Council and the School Board re legal services for FY 2016 COUNCILMAN MOSS WILL VOTE A VERBAL NAY ON ITEM#4 July 14, 2015 I III -30- AGENDA REVIEW SESSION ITEM#65039 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. OCEANA SOUTH COMMERCE CENTER for a Variance to the Subdivision Regulations, Section 4.4(d) of the City Zoning Ordinance (CZO), to create a new lot at 2509 Squadron Court DISTRICT 3 -ROSE HALL 2. DAVID S. and TERESSA A. ITALIANO for a Conditional Use Permit re bulk storage yard at 1417 London Bridge Road DISTRICT 3—ROSE HALL 3. WILLIAM FELTS - LAND TECH RESOURCES, INC and KYLE ELLIS — ENTERPRISE HOLDINGS for a Conditional Use Permit re motor vehicle rentals at 1845 Laskin Road DISTRICT 6—BEACH 4. HAPPY BOXES LYNNHAVEN,LLC and JLB PROPERTY ASSOCIATES,LLC: a. Resolution to AUTHORIZE a limited waiver of the height restriction on property at South Lynnhaven Road and Lynnhaven Mall Ring Road(3.14 acres) b. A Conditional Use Permit re self-storage at the East side of South Lynnhaven Road and Sabre Drive DISTRICT 3—ROSE HALL 5. PINEY GROVE BAPTIST CHURCH/MILLARD F. REID/CHARLES FREDERICK REID/JACQUELINE S. PRATT for a Conditional Use Permit re an expansion of a Church at 2804 Holland Road and 2821 Bald Eagle Road DISTRICT 7—PRINCESS ANNE ITEM#5 WILL BE CONSIDERED SEPARATELY July 14, 2015 -31- ITEM#65040 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) Beach District—Arena Human Resources 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). Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). City of Virginia Beach v. Terry Companies V, LLC 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 14, 2015 1111 -32- ITEM#65040 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 5:04 P.M. Voting.• 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None (Closed Session 5:04 P.M. - 5:55 P.M.) July 14, 2015 I -33- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 14, 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 14, 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: None INVOCATION: Pastor Les Smith Victory 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 identifi;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 14, 2015 -34- Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with 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 identing 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 14, 2015 -35- Item—VI-E CERTIFICATION ITEM#65041 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 c,xt4 BEAC 4` ` 6t. r ' t' 2 u \ J ;a t om ;4'r :=2 s9 aa S OF OUR NPt'OMS 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#65040 Page 32, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. F 'mit-wi'e--, i th Hodges raser,MMC City Clerk July 14, 2015 I I III -36- Item -VI-F MINUTES ITEM#65042 Upon motion by Council Lady Kane, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 7,2015. 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 Abstaining: John D. Moss Due to his absence on July 711? Council Members Absent: None July 14, 2015.. -37- ADOPT AGENDA FOR FORMAL SESSION ITEM#65043 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 14, 2015 -38- Item VI—H.1 MAYOR'S PRESENTATION ITEM#65044 25`"ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT Carolyn Caywood, Member—Mayor's Committee for Persons with Disabilities Mayor Sessoms introduced Carolyn Caywood, Member — Mayor's Committee for Persons with Disabilities, and presented her with a Proclamation recognizing the 25"' Anniversary of the Americans with Disabilities Act. Mayor Sessoms called upon all citizens to reaffirm and continue to work toward full ADA compliance. Ms. Caywood expressed her appreciation to City Council for their continued support of those that live with a disability each and every day. July 14, 2015 I I -11i-.\80,� ,. /i �4,a,..4-......1,_!.,-„,,,./„.., x aao� � 1- - ,Z •Y a r :,' °- oUR NA:: I, rncLamuinn Whereas: On July 26, 1990, President George 71:`W.Bush signed into law the Americans with Disabilities Act(ANDA)to ensure the civil-rights of people with disabilities; and Whereas: his legislation established dear andcomprehensive national mandate for the elimination of discrimination against individuals with disabilities;and Whereas: The ADA has eXpandedopportunities forAmnericans with disabilities by reducing barriers and changing perceptions,and increasing full participation in community rife;and Whereas: The full-promise of the ADA will-only be reached if we remain committed to continue our efforts to furry implement the ADA;and Whereas: On July 26,2015,we will celebrate the 25th anniversary of the Americans with Disabilities Act, cerebrate and recognize the progress that has been made by reaffirming the principles of equality and inclusion and recommitting our efforts to reach fullADA compliance. Now,[Therefore,I,William D.Sessoms,Jr.,[Mayor of the City of Virginia Beach, Virginia,do hereby Proclaim: July 26, 2015 25th Anniversary of the Americans with lDisabilities Act In Virginia Beach, and I call upon all-citizens to reaffirm to continue to work toward fur(ADA compliance. In Witness Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this Twenty-six•day of July,Two'Thousand[Fifteen. 6i" ,‘.-.*----:-.--'.:-.:',-,',[,--:,,,---,.:,--Tfiil ' r: William O.Sessoms,Jr . '> .Mayor -39- Item VI—H.1 MAYOR'S PRESENTATION ITEM#65045 GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips, Director-Finance Mayor Sessoms introduced Patricia Phillips — Director Finance and presented her the "Certificate of Achievement for Excellence in Financial Reporting"for the Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2014. This Award represents the highest standards in government accounting and financial reporting. Ms. Phillips thanked the Mayor and Members of City Council for their continued commitment to transparency. This is the 34`x' consecutive annual Certificate of Excellence the City has received. Ms. Phillips acknowledged and thanked her Stafffor all of their hard work and making this award possible. July 14, 2015 . 1 ■■ ■■ 1 GD Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Virginia Beach Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2014 . w kkr,1044-0 Executive Director/CEO L' 'J -40- Item VI—I.l a PUBLIC HEARING ITEM#65046 Mayor Sessoms DECLARED A PUBLIC HEARING: LEASE OF CITY-OWNED PROEPRTY a. 1011 Atlantic Avenue—Open Air Cafe There being no speakers,Mayor Sessoms CLOSED THE PUBLIC HEARING. July 14, 2015 -41- Item -VI-J ORDINANCES ITEM#65047 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT,Agenda Items 1,2, 3 and 4. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 II 111 -42- Item-VI-J.1 ORDINANCES ITEM#65048 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to GRANT a Franchise Agreement with Moliar Liquid Assets 2, LLC re an Open Air Cafe at 1101 Atlantic Avenue DISTRICT 6-BEACH Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 1111 1 AN ORDINANCE GRANTING ONE FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, Moliar Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, is 17 seeking a one-year franchise agreement for operation of a Atlantic Avenue side street 18 café at 202 22nd Street; and 19 20 WHEREAS, the Strategic Growth Area Office recommends that the above- 21 named entity be granted an open air café franchise agreement. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Council hereby grants a one-year franchise agreement to Moliar 27 Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, for operation of an Atlantic 28 Avenue side street café. 29 Adopted by the City Council of Virginia Beach, Virginia on this 14th day of July , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office City Attorney's Off e, CA13398 R-1 July 1, 2015 II -43- Item -VI-J.2 ORDINANCES ITEM#65049 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE DAVID L. AND KAY D. KAUFMAN temporary encroachments into portions of City property to reconstruct and maintain an existing brick patio, wall, block wall and basketball goal at 82"d Street and Ocean Front Avenue DISTRICT 5-LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE DAVID L. AND KAY D. KAUFMAN temporary encroachments into portions of City property to reconstruct and maintain an existing brick patio, wall, block wall and basketball goal at 82"d Street and Ocean Front Avenue (GPIN 2419692446) DISTRICT 5- LYNNAHVEN 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. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 4. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 5. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works for final approval. 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 14, 2015 II -44- Item ORDINANCES ITEM#65049 (Continued) 8. It is further expressly understood and agreed that prior to issuance of a Right- of-Way/Utility Easement Permit, the Grantee must post a bond or other security, in the amount of two times their Engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00,per person injured and property damage per incident, combined, with the City listed as an additional insured. 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 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(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, Two Thousand Fifteen. • July 14, 2015 -45- Item -VI-J.2 ORDINANCES ITEM#65049 (Continued) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 PORTIONS OF THE UNDEVELOPED CITY 6 RIGHTS-OF-WAY KNOWN AS 82ND STREET 7 AND OCEAN FRONT AVENUE LOCATED 8 ADJACENT TO AND AT THE REAR OF 8110 9 OCEAN FRONT AVENUE, BY DAVID L. 10 KAUFMAN AND KAY D. KAUFMAN 11 12 WHEREAS, David L. Kaufman and Kay D. Kaufman have requested 13 permission to reconstruct and maintain a proposed stairway reconfiguration, paver landing, 14 retaining wall, driveway re-alignment, broom finished concrete driveway, stone banding, 15 and paver apron and to maintain an existing brick patio, wall, block wall, and basketball 16 goal upon the City's rights of way known as 82nd Street and Ocean Front Avenue located 17 adjacent to and at the rear of 8110 Oceanfront Avenue. 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 the City's right-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David L. Kaufman and Kay D. 28 Kaufman, their heirs, assigns and successors in title are authorized to reconstruct and 29 maintain a proposed stairway reconfiguration, paver landing, retaining wall, driveway re- 30 alignment, broom finished concrete driveway, stone banding, and paver apron and to 31 maintain an existing brick patio, wall, block wall, and basketball goal upon the City's rights 32 of way known as 82nd Street and Ocean Front Avenue located adjacent to and at the rear 33 of 8110 Ocean Front Avenue as shown on the map entitled: "EXHIBIT 'A' 34 ENCROACHMENT EXHIBIT LOT 1-A RESUBDIVISION OF LOT 1 &THE NORTHERN 10' 35 OF LOT 2 BLOCK 13 — SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 36 200507130107202)VIRGINIA BEACH, VIRGINIA", a copy of which is attached hereto as 37 Exhibit A, and on file in the Department of Public Works and to which reference is made for 38 a more particular description; 39 40 BE IT FURTHER ORDAINED, that the temporary encroachments are 41 expressly subject to those terms, conditions and criteria contained in the Agreement 42 between the City of Virginia Beach and David L. Kaufman and Kay D. Kaufman (the 43 "Agreement"), an unexecuted copy of which has been presented to the Council in its 44 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 45 the City of Virginia Beach; 1 46 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized 48 designee is hereby authorized to execute the Agreement; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as David L. Kaufman and Kay D. Kaufman and the City Manager or his 52 authorized designee execute the Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th 55 day of July ,2015. CA13327 R-1 PREPARED: 6/29/15 \\vbgov.com\dfs 1\applications\citylawprod\cycom 32\wpdocs\d 024\p018\00215740.doc APPROVED AS TO CONTENT: APPROVED A TO LEGAL SUFFICIENCY A ND FOR„„) CQ,\A-1-kr-N I' PUBLIC WOWS, REAL ESTATE' - CITY ATT v, C' 1 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID L. KAUFMAN and KAY D. KAUFMAN, 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 Number One (1) and the Northern most Ten (10) feet of Lot Number Two (2), Block Thirteen (13), Section D"; as shown on that certain plat entitled: "CAPE HENRY SECTION D", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 1, at page 8B, and being further designated, known, and described as 8110 Ocean Front Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to reconstruct and maintain a proposed stairway,reconfiguration, paver landing, retaining wall, driveway re-alignment, broom finished concrete driveway, stone banding, and paver apron and to maintain an existing brick patio, wall, block wall, and basketball goal, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) Adjacent to 2419-69-2446 (8110 Ocean Front Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of the undeveloped rights - of - way known as 82nd Street and Ocean Front Avenue 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 EXHIBIT LOT 1-A RESUBDIVISION OF LOT 1 & THE NORTHERN 10' OF LOT 2 BLOCK 13 — SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 200507130107202 VIRGINIA BEACH, VIRGINIA," dated January 19, 2015, prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. This Exhibit is three pages. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 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 agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit 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 prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in 3 I the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 4 II ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David L. Kaufman and Kay D. Kaufman, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, 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 , 2015, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By David . aufman, Owner By / a__ Kay D. aufman, yawner STATE OF VI< ►ni a CITY/COUNTY-OF \I!Jy n1 o- B&aoln , to-wit: The foregoing instrument was acknowledged before me this 25 day of JUOJ2- , 2015, by David L. Kaufman. reialL1(246 (SEAL) Notary Public KELLY ELIZABETH MCCARTHY NotaryRegistration Number: Notary Public g Cam,orn,vaRn of Virginia 7140850 My Commission Expires: Comm; • April 30 2019 STATE OF Vttginii CITY/COUNTY OF \fi(1;11.0- �eackx. , to-wit: The foregoing instrument was acknowledged before me this 2S day of k.) , 2015, by Kay D. Kaufman. biAA (1(.21 ^ Not* Public KELLY ELIZABETH MCCARTHY Notary Registration Number: Notary Public ommonwealth of Virginia My Commission Expires: 7140850 -s April 30 2019 7 I I I APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM `.-4 )Thi:)13(111 A /1:\\D 1- -ArCt.U.C11, AI�MEYER, SIGNATURE - 160- � ASSOCIATE CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 1 I ii RCVVT LTH Op '94,� EX BRICK PATIO OCE(150'AN/jy) (U.S.. j PG. 8VE t'l hyo S 14'25'03" E 60.00' (UNDEVELOPED) i �0p OAS - - Fxs RIC . ARNER$ 00 ' Lic. . 2904 ''� ' _ � e 06/11/2015 * .,/ bSUIIN 19/04,0 ri 'STA1F p EX BRK WALK - T {�q(, 3• pPE' ,I,,ess.„,,�� W7F' o X_ i #8110 .� �_ T ��Q� EX 3—STORY o %-------______. �� 6p BLOCK oh �o 0 0 y--N ^ �EX BRK ' kW WALL EX CONCRETE Lu N��,S DRIVEWAY N igNu ` EX BLK WALL h h REMAINDER OF EX BASKETBALL ;7 rj LOT-2 GOAL EX 5/8"WM1k) ^ (M.B. 1, PG. 8b) #95077377 GPIN: 2419-69-2451 EX SIGN-N HI 1 EX WL �� BOV Ia o I (4)EX 12" EX WOOD EX BLK WALL a PINE WALK _a EX 27”o LOT 1-A EX PP) EX OVERHEAD UTILITY LINES EX CONC WALK4 OAK 9,000.0 SQ. FT. ,,,__ // EX CONCRETE /_ ____ GUTTER ‘11110"...- � ,12' INGRESS-EGRESS ESMT _� (D.B. 3807, PG. 1728) EX 5/8"WM EX�� (IN. 200507130107202) ti#46726189 1/ '!ils_ti�N 14'25�W 60.00' o — — EX OVERHEAD 0% LOT-7 % UTILITY LINES JX,TO AILMTh A6£ (M.B. 1, PG. 8b) 04071J019GPIN: 2419-69-1452 SCALE: 1"=25' SHEET 1 OF 3 SHEET 1 OF 3 (EXISTING SURVEY) EXHIBIT 'A' ENCROACHMENT EXHIBIT LOT 1-A id RESUBDMSION OF LOT 1 & THE NORTHERN 10' OF LOT 2 BLOCK 13 — SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 200507130107202) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 01/19/2015 1 fb/pg: N/A proj. no.: 214-0450 Civil Engineering wIUcGom.SIE 8 W GLIA75 .743V1A 123452041 file: 214-0450_ench exhibit.dwg 1 plat ref.: _— CAD/chk: WJW/eag N 1. 0p, .0 4, S 14'25'031 E 60.00'(�A�o� o �PG. B� r ) � O jOA _ c. RICARNER 1111111m11- �� cGt Lic. 2904 -EXIST/NG 'C (Ski06/11/2015 it, PROPOSED WALL BRICK PA770 14. TO TCH b SUR' ) MA(SEE SHEET 3) PROPOSED it STAIRWAY ill Z 0' RECONFIGUR4770N , T PROPOSED BLUE STONE PAVER LAND/NGi' PROPOSED RETA/AI NG WALL �� #8110 x (SEE SHEET 3) \ _ EX 3-STORY ( O �� __ BLOCK O i... N I o • 50.0' 0 PROPOSED W I Z BROOM NV, . F/N/SHED CONC F'• k 03 DRIVEWAY h h REMAINDER OF if/ I - illi LOT-2 PROPOSED ^ PROPOSED NEE ^ (M.B. 1, PG. 8b) DRIVEWAY GPIN: 2419-69-2451 RE ALIGNMENT -'+7FCAON r mI ll NOTES. • ALL CONCRETE W1H17N THE CITY R/W EX WALL TO REWUN SHALL BE CITY STANDARD DRIVEWAY PROPOSED BLU£ ENTRANCE (7 THICK 03000PS1) STONE BANDING11 I• TREES AND PLANT MATERIAL WITHIN THE CITY R/W ARE TO BE -13 PRO I ECT ED. OWNER/CON7R4 CTOR EX 27"o LOT >A TO REPLACE AND MATERIAL S= ,o � OAK BETWEEN WALL AND BEACH „�._ �.. 9,000.0 50. FT. ACCESS PATH THAT IS DAMAGED ��_'o''"" �� DUE TO CONSTRUCTION PROPOSE, `=�� — 12' INGRESS-EGRESS ESMT •� (D.B. 3807, PG. 1728) COBBLESTONE (IN. 200507130107202) PAVER APRON - k ii— — �,�y, � // i 1, N 14'25'03 W 60.00' Ay, Malessof ,064za ZE ccbRoi� %-lo LOT-7 �tio �,��3),,r, 1 .SMD'10 AIIAMJC AYF (M.B. 1, PG. 8b) /4//A GPIN: 2419-69-1452 SCALE: 1"=25' SHEET 2 OF 3 SHEET 2 OF 3 (IMPROVEMENT/DETAIL PLAN) EXHIBIT 'A' -- ENCROACHMENT EXHIBIT LOT 1-A kA RESUBDMSION OF LOT 1 & THE NORTHERN 10' OF LOT 2 BLOCK 13 - SECTION D CAPE HENRY (M.B. 1, PG. 8b) (IN. 200507130107202) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 01/19/2015 I fb/pg: 1028/30 proj. no.: 214-0450 Civil Engineering wplsite.corn 757.431.1041 2421111STANG 1RAIL S1E 8 MONA BEAM,VA 23452 file: 214-0450_ench exhibit.dwg I plat ref.: _- CAD/chk: WJW/eag i GROUT ALL CELLS SOLID WITH 2000 PSI CONCRETE 8" CMU y // I (RUNNING BOND) —� </ NOTE : ARCHITECTURAL X FINISH NOT SHOWN \ \ #6 @ 24" 0/C VERT REINF'G (MIDDLE � 2 OF WALL) - x'` /'\ .K? o WEEP HOLES X x • [n BY OTHERS '/41i-‘ #57 STONE OOR EQUIV. or o a. - #5 @ 12" 0/C - D.Aukc ' Q SHORT WAY 3 -#5 BARS �� LONG WAY 3000 PSI CONC rt � c • • • `-b- - — - �- -' - b #5 @ 12" O/C o r SHORT WAY — _a f • #6@ 24" 0/C - -H 1 H VERT DOWELS* — -- ! 3"CLEAR• • #5 @ 12" 0/C 4' - 2" (TYP) LONG WAY • • * - CONTRACTOR MAY USE ONE CONTINUOUS VERTICAL DOWEL OR LAP AS SHOWN SHEET 3 OF 3 SPC I KAUFMAN RETAINING WALL SHEET NO : SKS-1 STRUCTURAL VIRGINIA BEACH, VIRGINIA DESIGNED BY : WCS SINCLAIR PRATT CAMERON, P.C. 1630 DONNA DRIVE-SUITE 103 DRAWN BY : RN VIRGINIA BEACH, VA 23451-6188 RETAINING WALL DATE : 06/11/15 757.417.0565*757.417.0568 (fax) ©Sinclair Pratt Cameron,P.C. SPC Project No.: 15-0082 -46- Item-H-J.3 ORDINANCES ITEM#65050 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $906,662 from the Federal Highway Administration re traffic safety improvements and TRANSFER $226,666 re a local grant match (Shore Drive Bike project) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $906,662 FROM THE FEDERAL HIGHWAY 3 ADMINISTRATION AND TO TRANSFER $226,666 4 FROM CIP # 4-064 TO CIP #2-300 TO PROVIDE A 5 LOCAL GRANT MATCH IN FURTHERANCE OF THE 6 SHORE DRIVE BIKE FACILITY PROJECT 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $906,662 is hereby accepted from the Federal Highway Administration 12 and appropriated, with federal revenue increased accordingly, to Capital Project #2-300, 13 "Traffic Safety Improvements;" and 14 15 2. $226,666 is hereby transferred from Capital Project #4-064, "City 16 Bikeways & Trails Plan Implementation II" to Capital Project, #2-300, "Traffic Safety 17 Improvements." 18 14th 19 July Adopted by the Council of the City of Virginia Beach, Virginia on the day of 20 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: ff 1/^ / Budge .nd anagement Services At .rn'y's Office CA13399 R-1 June 30, 2015 < 4''' ' ,<, .O<(\ ' ,,-'4 . - 4..4� � y cc 0< r,N - -./ �1` \SORE DR ' \ Q- ` ( .QLVA O s SITE 091-N jR O y ,lam „i.;.-.z. w'#\'''',4W41#,A.4- -15°,,,.,,,,,' •Cr , , 7 , , m, , . ,,. ,, , ..- ,,,,,,-..,,,,,...,, e. i i \ .\,::',.',, � /;- w- "" ,`*rim,• ,1� t, `' ti`s a e y.c) s , r , a ' „ 2-.', rr, �l r Shore Drive Shoulder Widening w , LL Q. `Z: 44:-l '-•-•;':::`;',''' -y t ' LLr - , `i/ for On-Road Bike Facility ,4 ,, Q� �� f �®? oo r� f ;+® 5'-' : ��. - ', - , th,...mit7041**40#40111i\00igio,ire's, ,,/,, :_,,,,,,,,,,,:,..:‘,., /1,,f,„,, 4it -o- 1 111111 11 °OA I'i®11�.- o �o " r A k<.? - " • /117,--`ct: "11101101,–; t { ,-Ifilikik,,, 4'4110;;NIFF'4111‘ ,„Ilikwili ill/ rr 1 �1 F 4� � Sá1 '--T-:--7,0iii , .\\,, " . ' ,-' - •\..\ 4ii, „ ,,,,,:i 1-7,,, ..„., i// `, 'f,', ' : ' Jr r\., ---'—-----) '''' ' ''' '' ''' '''''-----4: ' ''' 4E411/4' r� N l '111 ': ,' 0 ,'\ LOCATION MAP 'LSI Shore Drive Shoulder Widenxi ing ,l tri li‘ i _ , � � � a ,,Rj • sFo 1 for On Road Bike Facility Feet E r ;� Feet c, �rtt '' , ,; i ` ,® 0 600 1,200 2,400 Prepared by1hl,`Br4./Eng: _' .port - -ryc o _ X:\CADD\Projects\ARC Files\AGENDA MAPS\TAP oroiects\Shore Dr. Bike Facility\Shore Dr Bike Facility E mxd -47- Item -VI-J.4 ORDINANCES ITEM#65051 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT a Cooperative Agreement between City Council and the School Board re legal services for FY 2016 Voting: 10-1 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 Voting Nay: John D. Moss Council Members Absent: None July 14, 2015 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2016 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided 10 legal services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; 12 13 WHEREAS, the Cooperative Agreement for FY 2015, which expired on June 30, 14 2015, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and 15 renewed each fiscal year ...;" and 16 17 WHEREAS, City Council agrees that it is in the best interests of the City and the 18 School Board for the Office of the City Attorney to continue to provide legal services to the 19 School Board pursuant to the revised Cooperative Agreement for FY 2016. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby approves the Cooperative Agreement for FY 25 2016, a copy of which is attached hereto. 26 27 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 28 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of July , 2015. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney CA13370 R-1 July 2, 2015 I I COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2016 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach. Virginia ("City Charter-) provides that the City Attorney shall be the chief legal advisor of the City Council, the City Managerand all departments. boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with. to sue and be sued, and to purchase. take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended. to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board, 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers. expertise of the City Attorney's Office in City Council and School Board matters, institutional memory. and the ability of the City Attorneys Office to Page 1 of 7 I I provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases,the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 I I 1,1 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 Y ) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2016. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School • Administration. For the term of this Agreement, those-attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Tracee Hackett, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph ID. • • B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will he provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues. Page 3 o 1 7 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board. the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. • 1. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of Page 4 of 7 I I the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board. the School Board Chairman. or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters: that. to the extent contemplated by this Agreement, the City Attorney shall he designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand,that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5, Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement. and ethical constraints as they may arise. Page 5 of7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of S 405,810.00 from its FY 2016 Operating Budget to the FY 2016 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one halt'(2.5) attorneys and one (1) Paralegal. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first. October first, January first. and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2015 and ends June 30, 2016. and may be revised, as necessary. and renewed each fiscal year thereafter; provided, however. that each party shall eive the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach. Virginia on 5i-tive, 2015. By: School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms. Mayor, . • City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach. Virginia on . 2015. By: City Clerk Page 7 of 7 I I I EXHIBIT A SCEIOOL FUNI)ING FY 2015/2016 SALARY& BENEFITS AccountFull Attorney # Account Description Q'FR 1 QTR 2 QTR 3 QTR 4 Funding-FY 601111 Salaries-Deputy Any S 29.900.25 S 29,90(1.25 S 29,900.25 S 29.900.25 $ 119,601.00 Salaries- Associate Atty $ 21.187.75 $ 21,187.75 S 21,187.75 S 21,187.75 $ 84,751.00 Salaries-Half Associate,Attv S 12.918.25 $ 12,918.25 $ 12.418.25 $ 12,918.25 $ 51.673.00 Salaries-Legal Secretary S 11,162.75 $ 11,162.75 S 11,162.75 S 11,162.75 S 44,651.00 Total Salaries $ 75,169.00 $ 75,169.00 $ 75,169.00 $ 75,169,00 $ 300,676.00 602101 FICA(Max.$106,000)- Deputy Atty S 1.83.75 $ 1.853. 5 S 1.853.75 S 1.853. 5 S 7,415.00 FICA(Max. $106.000)- Associate Atty $ 1.313.75 S 1.313.75 $ 1.313.75 S 1.313.75 S 5,155.00 FICA(Max, $106,000)-Half Associate Al S 801.00 S 801.00 S 801,0(1 $ 801.00 - $ 3,204.00 FICA(Max. S106.000)- Legal Secretary $ 691.25 $ 691.15 S 692.25 $ 692.25 S 2,769.00 Total FICA $ 4,660.75 $ 4,660.75 $ 4,660.75 $ 4,660-75 $ 18,643.00 602104 Medicare(No Max)- Deputy Atty S 433.75 $ 433.75 S 433.75 $ 433.75 5 1,735.00 Medicare(No Max)-Associate Atty $ 307.25 $ 307.25 S 307,25 S 307.25 $ 1,229.0(1 Medicare(No Max)-1-la1f Associate Atty. S 187.50 $ )87,50 S 187.50 S 187.50 $ 750.00 Medicare(No Max)- Legal Secretary S 161.75 $ 161.75 S 161.75 S 161.75 S 647.00 ., . $ 1 ,. Total Medicare S 1,090.25 S 1,090.25 $ 1,090.25 ,090.25,-' S 4,361.00 602201 Retirement- Deputy Ally $ 5.486.75 S 5.486.75 S 5.486.75 5 5,486.75 S 21.947.00 Retirement-Associate Atty $ 3464.00 S 3A64.()0 $ 3.464.00 S 3.464.00 $ 13.856.00 Retirement-Half.A.ssociate Attorney S 2.370.75 $ 2,370.75 $ 2,370.75 S 2,370.75 S 9,483.00 Retirement-Legal Secretary $ 2,048.50 S 2.048.50 $ 2,048.50 $ 2,048.50 '.. $ 8,194.00 Total Retirement S 13,370.00 S 13,370.00 S 13,370;00 $ 13;370.00- S' .53 480;00 602301 Health&Dental- Deputy Any $ 1.607.5t1 S 1.607.50 S 1,607.50 S 1.607.50 $ 6.430.00 Health&Dental-Associate Atty S 1.607.50 S 1.607.50 S 1,607.50 $ 1.607.50 $ 6.430.00 Health&Dental- Half Associate Attoniey S 803.75 S 803.75 S 803.75 S 803.75 S 3,215.00 Health&Dental-Legal Secretary S 1.607.50 $ 1,607.50 $ 1,607.50 $ 1.607.50 $ 6.430.00 ,,. Total Health&Dental $ 5,626.25 $ 5,626.25 $ 5,626.25 ,$ 5,626.25,' ,,V. 11,505,10 602302 Life Insurance- Deputy Atty S 394.50 $ 394.50 $ 394.50 S 394.50 $ l.57%.0(1 Life Insurance-.Associate Atty S 179.75 $ 274.75 S 27925 S 279.75 S 1.119.00 , Life Insurance-Flail'Associate Attorney S 170,75 $ 170.75 S 170.75 S 170.75 S 683.00 Life Insurance- Legal Secretary $ 147.50 S 147.50 S 147.50 $ 147.50 S 590.00 Total Life Insurance S 992.50 $ 992.50 S 992.50 $ , '992.50::.: , $-:1 ,33970.00 TOTAL SALARY&BENEFITS S 100,908.75 S 100,908.75 S 100;908.75 '$-'400,908.7541:'''.4$ 403,63$10 CITY ATTORNEY AI)MINISTRATIVE COSTS Foil Attorney Account# Account Description QTR 1 QTR 2 QTR 3 QTR 4 Funding ____ 605801 Dues&Association Membership Virginia State Bar-Deputy Atty. S 68.75 S 68.75 S 68.75 S 68. S 275.00 75 Virginia State Bar-Associate Atty S 68.75 S 68.75 5 68.75 S 68.75 S 275.00 Virginia State Bar-Half Associate Any S 34.38 S 34.38 $ 34.38 $ 34.38 S 137.50 Virginia Beach Bar- Deputy Atty S 4S25 $ 48.75 S 48.75 $ 48.75 $ 195.00 Virginia Beach Bar- Associate Any S 48.75 S 48,75 S 48.75 S 48.75 $ 195.00 Virginia Beach Bar-Half Associate Atty $ 24.38 $ 24.38 $ 24.38 S 24.38 5 97.50 Total Dues&Association Fees S 293.75 $ 293.75 $ 293,75 ' S 293.75 S 1,175.00 606001 Office Supplies $ 250.00 S 250.00 $ 250.00 S 250.00 S 1,000.00 TOTAL ADMINISTRATIVE COSTS $ 543.75 S 543.75 $ 543.75 $ 543.75 S 2,175.00 TOTAI, SCHOOL FUNDING NEEDED 6/29/2015 1.'15 PM Schools Exhibit A FY16 EXHIBIT A Full Attorney 2015/2016 FY Fundin•- qTR 4 2 QTR SCII°°1-FU-NDING QTR- 0,-7 QTR 1 , , v; .4! 4, ,: :40tr,..ig Account Aecont Description $ 1014525° 1,gzt25 ,.,,,, ,,.;,,f,-.,.„,,-. — 9838- n 4 att,74 , -"--..1...., .. 'Lis 4r- x ,,,,.."'''' ..,,. 98.3.1 $ - $8.34S ,'' $ olitge,,''' ,I,. 1 Oer. Ibit A FY16 6/2912015 115 PM Schools Exh -48- Item-VI-K PLANNING ITEM#65052 1. OCEANA SOUTH COMMERCE CENTER VARIANCE TO SUBDIVISION REGULATIONS 2. DAVID S. and TERESSA A.ITALIANO CONDITIONAL USE PERMIT 3. WILLIAM FELTS-LAND TECH REOURCES, CONDITIONAL USE PERMIT INC. and KYLE ELLIS-ENTERPRISE HOLDINGS 4a. HAPPY BOXES LYNNHAVEN,LLC and WAIVE HEIGHT RESTRICTION JLB PROPERTY ASSOCIATES,LLC 4b. HAPPY BOXES LYNNHAVEN,LLC and CONDITIONAL USE PERMIT JLB PROPERTY ASSOCIATES,LLC 5.PINEY GROVE BAPTIST CHURCH CONDITIONAL USE PERMIT ITEM#5 WILL BE CONSIDERED SEPARATELY • July 14, 2015 -49- Item -VI-K PLANNING ITEM#65053 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT, Items 1, 2, 3 and 4a/b of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 -50- Item—VI-K.1 PLANNING ITEM#65054 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Application of OCEANA SOUTH COMMERCE CENTER for a Variance to the Subdivision Regulations, Section 4.4(d) of the City Zoning Ordinance (CZO), to create a new lot at 2509 Squadron Court DISTRICT 3-ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon OCEANA SOUTH COMMERCE CENTER for a Variance to the Subdivision Regulations, Section 4.4(d) of the City Zoning Ordinance (CZO), to create a new lot at 2509 Squadron Court (GPIN 1495783545)DISTRICT 3 -ROSE HALL The following conditions shall be required: 1. The property shall be subdivided substantially as shown on the submitted Plan, titled "Oceana South Industrial Park, Lot 33, Subdivision of Residual Parcel B1 —Preliminary Subdivision Plat, "prepared by JMT and dated March 23, 15. 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 Fourteenth day of July, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: • None July 14, 2015 -51- Item-VI-K2 PLANNING ITEM#65055 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Application of DAVID S. and TERESSA A. ITALIANO for a Conditional Use Permit re bulk storage yard at 1417 London Bridge Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon DAVID S. and TERESSA A. ITALIANO for a Conditional Use Permit re bulk storage yard at 1417 London Bridge Road(GPIN 1495560786)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, the Site shall be developed and maintained substantially in conformance with the submitted Site Plan entitled "CONCEPT PLAN, WHOLESALE LANDSCAPE SUPPLIES BY DAVID ITALIANO", dated February 11, 2015, and prepared by Gallup Surveyors&Engineers, Ltd. 2. Vehicular access to the facility shall be only from the existing access point on London Bridge Road, as shown on the Concept Plan referenced in Condition 1. The entrance shall be improved as depicted in the submitted Concept Plan referenced in Condition 1 above. 3. Plants shall be installed in the area between the right-of-way of Drakesmile Road and the vinyl fence as follows: a. Nine (9) large canopy trees evenly spaced with azaleas Planted around the base of each tree; and, b. A row of evergreen shrubs, with a minimum height at Planting of twenty-four inches (24') between each of the large canopy trees. 4. The Site shall be used only for the storage of landscape materials and equipment associated with the applicant's Landscaping business. The use of the Site for the storage of shipping cargo containers, portable self-storage containers or any other such storage containers shall not be permitted, with the exception of the two (2) existing containers used to store equipment associated with the applicant's landscaping business. 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 Fourteenth day of July, Two Thousand Fifteen. July 14, 2015 -52- Item-VI-K.2 PLANNING ITEM#65055 (Continued) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 -53- Item -VI-K.3 PLANNING ITEM#65056 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Application of WILLIAM FELTS - LAND TECH RESOURCES, INC and KYLE ELLIS —ENTERPRISE HOLDINGS for a Conditional Use Permit re motor vehicle rentals at 1845Laskin Road DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon WILLIAM FELTS - LAND TECH RESOURCES, INC and KYLE ELLIS — ENTERPRISE HOLDINGS for a Conditional Use Permit re motor vehicle rentals at 1845 Laskin Road (GPIN 2407575888)DISTRICT 6—BEACH The following conditions shall be required: 1. The Site shall be developed substantially in conformance with the Concept Plan entitled, "Site Plan of 1845 Laskin Road, Enterprise Rent-A-Car,"prepared by LRI, Inc., dated April 1, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be developed substantially in conformance with the elevations and renderings entitled, "Laskin Road Rental Office, Sheets 1-3,"prepared by Matthew G. Burton Architect, LLC, dated May 6, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. A sidewalk, minimum width of five feet (5), shall be installed along the entire Laskin Road frontage of the property. 4. Consistent with the Public Works Specifications and Standards, the entrance radii shall be decreased from twenty-five feet (25) to fifteen feet (15), or as otherwise approved by the Department of Public Works during the final Site Plan review. 5. Crosswalks created with brick pavers, stamped concrete with infused color, or other durable material that differentiates the crosswalk from the driveway and parking lot material shall be installed across the driveway entrance and connect the handicapped space to the building entrance. Stamped asphalt shall not be permitted. 6. A Photometric Plan shall be submitted for review during detailed Site Plan review. The Plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage and type of fixture. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan shall include provisions for implementing low-level security lighting for non-business hours. 7. Any freestanding sign shall be monument style and shall be constructed of building materials and a color scheme consistent with the building identified in Condition No. 2. The height of said sign shall be limited to eight (8)feet. A separate permit shall be obtained from the Planning Department, Zoning Division,for all signage on the building and on the Site. July 14, 2015 -54- Item -VI-K.3 PLANNING ITEM#65056 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 II -55- Item -VI-K.4a PLANNING ITEM#65057 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, BY CONSENT,Application of HAPPY BOXES LYNNHAVEN,LLC and JLB PROPERTY ASSOCIATES, LLC: a. Resolution to AUTHORIZE a limited WAIVER of the height restriction on property at South Lynnhaven Road and Lynnhaven Mall Ring Road(3.14 acres) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 1 A RESOLUTION AUTHORIZING A LIMITED 2 WAIVER OF THE HEIGHT RESTRICTION ON 3 PROPERTY LOCATED ON SOUTH LYNNHAVEN 4 ROAD (GPIN 1496-27-7044), CONSISTING OF 5 APPROXIMATELY 3.14 ACRES 6 7 WHEREAS, JLB Property Associates, LLC ("JLB") is the owner of a 8 vacant parcel of land, consisting of 3.14 acres, located on South Lynnhaven Road 9 known as GPIN: 1496-27-7044 (the "Property"); 10 11 WHEREAS, the Property is subject to a height restriction pursuant to a 12 Total Site Agreement dated December 8, 1978, that states no building, structure or 13 other improvement exceeding twenty (20') feet in height may be permitted in a 200' x 14 200' area of the Property; 15 16 WHEREAS, Happy Boxes Lynnhaven, L.L.C. ("Happy Boxes") wishes to 17 construct a self-storage facility on the restricted area of the Property that would exceed 18 the height restriction; 19 20 WHEREAS, the City was not a party to the initial agreement, but the City 21 must sign off on the waiver of the height restriction because it later acquired portions of 22 the adjacent property that are used for stormwater ponds (GPINs: 1496-26-7683, 1496- 23 46-8646 and 1496-45-9226) and the Lynnhaven Mall Ring Road, a public right-of-way. 24 JLB has asked the City to join in waiving the height restriction for the Property in order 25 to allow construction of the Happy Boxes development; 26 27 WHEREAS, all other restrictions affecting the Property will remain in full 28 force and effect; and 29 30 WHEREAS, the City Council is of the opinion that authorizing the limited 31 waiver of the height restriction on the Property would be in the best interests of the City. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 36 1. That the City Council hereby authorizes the City Manager to execute a 37 limited waiver in substantially the same form as the "Limited Waiver of Restrictive 38 Covenants Contained in Total Site Agreement in Deed Book 1856, Page 335," attached 39 hereto as Exhibit A and made a part hereof, so long as the owner and developer of the 40 Property comply with all necessary rules and regulations and obtain all necessary 41 permits to build and operate a self-storage facility; 42 43 2. That except for the waiver of the height restriction authorized herein, all 44 other restrictions, limitations, and terms of the Total Site Agreement shall continue and 45 shall remain in full force and effect; and 46 4 7 3. That the City Manager is hereby authorized to execute any documents 48 necessary to grant such waiver as may be consistent with this Resolution and 4 9 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 50 51 This ordinance shall be effective from the date of its adoption. 52 53 14th Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of July , 2015. CA13222 R-1 6/8/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d003\p020\00211085.doc APPROVED AS TO CONTENT 'g.L14-4^. Cit a er APPROVED AS TO LEGAL SUFFICIENCY City Attorney's O ice Prepared by and Return to: Alyssa C. Embree, Esq. Williams Mullen 999 Waterside Drive, Suite 1700 Norfolk, Virginia 23510 GPIN: 14962770440000 LIMITED WAIVER OF RESTRICTIVE COVENANTS CONTAINED IN TOTAL SITE AGREEMENT IN DEED BOOK 1856, PAGE 335 THIS LIMITED WAIVER OF RESTRICTIVE COVENANTS CONTAINED IN TOTAL SITE AGREEMENT ("Waiver") is made as of this day of , 2015, by and among THE CITY OF VIRGINIA BEACH ("City"), LYNNHAVEN MALL, L.L.C., a Delaware limited liability company ("Mall"), JLP-LYNNHAVEN VA LLC, a Virginia limited liability company ("JLP-Lynnhaven") LYNNHAVEN SPE, LLC, a Delaware limited liability company ("Lynnhaven SPE"), and BARTON LYNNHAVEN, LLC, a Delaware limited liability company ("Barton"), in favor of JLB PROPERTY ASSOCIATES, L.L.C., a Virginia limited liability company ("JLB"), and its successors and assigns as owner of the Property, as hereinafter defined ("Owner"). RECITALS: WHEREAS, JLB is the current owner of that certain parcel of unimproved land on S. Lynnhaven Road, Virginia Beach, Virginia (Parcel Tax ID No. 14962770440000), as more particularly described in Exhibit A attached hereto and made a part hereof(the "Property"); and WHEREAS, pursuant to Section 3(b) of the Total Site Agreement dated as of December 8, 1978 and recorded in Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 1856, Page 335 (the "Total Site Agreement"), no building, structure or other improvement exceeding twenty feet (20') in height may be constructed, erected or maintained in a two hundred foot (200')by two hundred foot(200') area of the Property (the "Height Restriction"); and WHEREAS, Owner wishes to construct a building (the "Proposed Building") on the Property that would exceed the Height Restriction; and WHEREAS, the Proposed Building is generally depicted on Exhibit B attached hereto and made a part hereof; and WHEREAS, pursuant to Section 3(f) of the Total Site Agreement, the restrictions of Section 3 of the Total Site Agreement may be released, rescinded or waived, in whole or in part, at any time and from time to time, by written instrument in recordable form executed by Developer, Trustee, and each and any Major Parcel Owner and each and any Major Parcel Lessee or Sublessee (as each term is defined in the Total Site Agreement); and 28263480 WHEREAS, Mall is the successor in interest to Trustee, the City and Mall are the successors in interest to Developer, and JLP-Lynnhaven, Lynnhaven SPE and Barton are Major Parcel Owners. There are no Major Parcel Lessees or Sublessees; and WHEREAS, the City, Mall, JLP-Lynnhaven, Lynnhaven SPE and Barton are the proper signatories to this Waiver under Section 3(f) of the Total Site Agreement and have agreed to irrevocably waive the Height Restriction on the Property pursuant to Section 3(f) of the Total Site Agreement, as provided herein. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, City, Mall, JLP-Lynnhaven, Lynnhaven SPE and Barton hereby agree and confirm to JLB as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. Mall, City, JLP-Lynnhaven, Lynnhaven SPE and Barton hereby waive the Height Restriction on the Property, and agree not to enforce, pursue or exercise any of the remedies to which they might otherwise be entitled under the Total Site Agreement in connection with the Height Restriction with respect to, but only with respect to, the Proposed Building, provided that the Proposed Building, as constructed, is substantially as shown in Exhibit B with a height not greater than shown on Exhibit B. The Height Restriction otherwise shall be unimpaired by this Waiver and shall remain in full force and effect. Any improvement constructed on the Property other than the Proposed Building and any modification of the Proposed Building shall remain subject to all of the provisions of the Total Site Agreement and all of City, Mall, JLP- Lynnhaven, Lynnhaven SPE and Barton's rights thereunder, including the Height Restriction. 3. City, Mall, JLP-Lynnhaven, Lynnhaven SPE and Barton hereby certify that each party has the power to execute and deliver this Waiver and to grant the releases, waivers and consents herein provided, with knowledge that this Waiver is being relied upon in connection with the sale by JLB to a future Owner of the Property. 4. This Waiver shall remain in full force and effect for as long as the Total Site Agreement is in effect, shall run with the land, and will not terminate upon the sale of the Property by JLB or any subsequent owner of the Property, and shall inure to the benefit of all Owners of the Property. [SIGNATURE PAGES FOLLOW] 2 IN WITNESS WHEREOF, the parties have executed this Release on the day and year first above written. THE CITY OF VIRGINIA BEACH By: Name: Its: COMMONWEALTH OF VIRGINIA COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of The City of Virginia Beach, who (check one) [ ] is personally known to me or[ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney 3 LYNNHAVEN MALL L.L.C., a Delaware limited liability company By: General Growth Properties, Inc., a Delaware corporation, its By: Name: Its: STATE OF COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of General Growth Properties, Inc., a Delaware corporation, of Lynnhaven Mall, L.L.C., a Delaware limited liability company, who (check one) [ ] is personally known to me or [ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] 4 JLP-LYNNHAVEN VA LLC, a Virginia limited liability company By: Name: Its: STATE OF COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of JLP-Lynnhaven VA, LLC, a Virginia limited liability company, who (check one) [ ] is personally known to me or [ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] 5 LYNNHAVEN SPE, LLC, a Delaware limited liability company By: FUND/CGR LYNNHAVEN, LLC, a North Carolina limited liability company, its sole member By: STEVEN D. BELL & COMPANY, a North Carolina corporation, its administrative member By: Name: Its: STATE OF COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of Steven D. Bell & Company, a North Carolina corporation, as Administrative Member of Fund/CGR Lynnhaven, LLC, a North Carolina limited liability company, as sole member of Lynnhaven SPE, LLC, a Delaware limited liability company, on behalf of the company, who (check one) [ ] is personally known to me or [ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] 6 BARTON LYNNHAVEN, LLC, a Delaware limited liability company By: Name: Its: STATE OF COUNTY/CITY OF The foregoing instrument was acknowledged before me this day of 2015, by , as of Barton Lynnhaven, LLC, a Delaware limited liability company, who (check one) [ ] is personally known to me or [ ] produced a state issued driver's license as identification. Notary Public My commission expires: Registration Number: [AFFIX NOTARY SEAL] 7 II EXHIBIT A Legal Description ALL THAT certain lot, piece or parcel of land, together with all buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "COMMERCIAL RESIDUAL NO. 4" on that certain plat entitled "SUBDIVISION OF PARCEL A-3 AS SHOWN IN M.B. 163, PG. 4 FOR BARBARA S. FELDMAN, EDWARD S. STEIN, ARTHUR H. STEIN, ROBERT S. STEIN, LYNNHAVEN AND PRINCESS ANNE BOROUGHS, VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated December 14, 1984, made by Langley and McDonald, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2392, at page 1096. IT BEING the same property which was conveyed to JLB Property Associates, L.L.C., a Virginia limited liability company, by deed from Cineback Associates, L.L.C., a Virginia limited liability company, formerly known as Cineback Associates, L.P., a Virginia limited partnership, dated October 14, 2009 and recorded October 15, 2009 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20091015001209060. 8 111 EXHIBIT B Proposed Building 9 - <U tW S l U v Uo W m LLWf W . .= < o 41 s r �b z 6 UVa o� i=aW" O a o< o 'a' < z g" LLn6 u9 8< o ei HHO �V u -m m moo zn n- w 6 0 a 0 < 0 z z Z n' U Eel. E; <0 C W <c4 o V1 t < u g H '~^ p o z Y -, c z Z U W Z O r oc 0 g W 17-1 0 a O � < 2 a < U V O w a FY- C f U < O. < < 0 a Q < OJ F z z u u to z ogc z LI, t F V 3 ' > ,..,‘=." 0 O Y Y s 70 Se. O. a m ¢ O 1.1 � a m m a .. O , E6 , / ..\\ 1 ern O i m nom♦ a \ \ ate ; 7 _ /� � - �\ 1 Z-Y E \ 11\\\\ • \\ \,` X d o w f• ` ..i,/' S� ��•`\\ = \ • W y'ai •< \ \ 1 `6'%, I \\ \\\\ ff. .W \\\ \\ \\ _\\_\_\.\\---\.s...„` 0 \ ; est t \ • - ��AIL <: _ // w I' � waa r N w ow t $g(,)r c¢ -- s s N X=o sou ZH�YNNt{pV�N R�A� w OU N — J 0 0 0I /-F 0 co \�= H W QH 0 -56- Item -VI-K.41) PLANNING ITEM#65058 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council,APPROVED and CONDITIONED,BY CONSENT,Application of HAPPY BOXES LYNNHAVEN,LLC and JLB PROPERTY ASSOCIATES,LLC: b. A Conditional Use Permit re self-storage at the East side of South Lynnhaven Road and Sabre Drive BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon HAPPY BOXES LYNNHAVEN, LLC and JLB PROPERTY ASSOCIATES,LLC.,for a Conditional Use Permit re self- storage at the East side of South Lynnhaven Road and Sabre Drive (GPIN 1496277044)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. With the exception of Condition No. 3 below, the Site shall be developed substantially in conformance with the exhibit titled, "CONDTIONAL USE PERMIT APPLICATION"prepared for "HAPPY BOXES LYNNHAVEN, LLC," by Martin Engineering, and dated March 30, 2015. 2. The buildings shall be developed substantially in conformance with the architectural elevations and perspectives titled, "Happy Boxes SELF STORAGE, South Lynnhaven Road," as prepared by Lindsey Architecture and dated March 31, 2015. 3. The proposed landscape screening shown on the exhibit referenced in Condition 1 shall extend to the proposed vehicle entrance to the South such that the recessed loading area is screened from South Lynnhaven Road. 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 Fourteenth day of July, Two Thousand Fifteen. July 14, 2015 -57- Item -VI-K.4b PLANNING ITEM#65058 (Continued) Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 -58- Item -VI-K.5 PLANNING ITEM#65059 Mark Ricketts is with the Engineering Firm of Site Improvement Associates and represented the Applicant. He advised he is here to answer any technical questions. D.L. Williams, Pastor- Piney Grove Baptist Church, expressed appreciation to the City Council and especially Council Lady Henley. Council Lady Henley has done a wonderful job representing the Community and the Church. She attended several meetings and invested a tremendous amount of time trying to reach a consensus. Piney Grove Baptist Church has been a positive influence in the City for over 150 years. He advised the request is to expand the current sixty-five (65)parking space parking lot to 250 spaces and construct a new worship facility with a seating capacity of 835. One of the concerns voiced by the community is "aesthetics". The Community feels tearing down the home and adding the parking lot will take away the beauty of the Community. As such, they comprised a plan that would not take away but add to the beauty of the Community. The plan shows they have gone to great lengths to add beauty and character to the Community. His hope is those in opposition of this project will drive by after the completion of the project and view this project as a staple to the Community. At the present time, the Church has only 65 parking spaces and members are forced to park on the street. The Community voiced concern regarding expanding from 187 to 250 spaces and enough parking to handle the growth. Now with the revised plan, the Church is requesting to demolish the residential home and construct a parking lot. He believes the construction of the parking lot will provide adequate parking for the new 835 seat sanctuary. Linda Russell, 1212 Skylark Drive, Phone: 427-6481, spoke in support of this project. She feels this Church is a great asset to the City. She advised she parks on the street when she attends Church service and has always been greeted warmly by the neighborhood. Joseph B. Burgess, III, 1483 Poinsetta Arch. Mr. Burgess is a Deacon at the Church and a twenty-six (26)year Navy Veteran. Mr. Burgess advised the Church provides great benefit to the Community. The Church feeds the Homeless and partners with the Judeo-Christian Outreach Center. The Church also has a Food Pantry and works with the Virginia Beach Public Schools, specifically Holland Roads Elementary. The Church also provides various Outreach Ministries, including the Indian River Correction facilities. Mr. Burgess welcomes everyone to stop by and worship with the Piney Grove Baptist Church family. Capus Peterson, 1818 Rein Lane, Phone: 426-7162, advised he is the Chairman of the Deacon Ministry and a retired Navy Veteran. Mr. Peterson acknowledged those in attendance and in support of Piney Grove as they are a great number in attendance. Mr. Peterson advised the Church is not asking for any type of favor, simply asking City Council to obey the law and approve this request. The Vision and Will of the Church is in the Lord's Hand and that is where their faith lies. Joseph McCree, Jr., 1713 Ruby Circle, Phone: 471-5500, is also a retired Navy Veteran. Piney Grove Baptist Church was first built in 1870. The Church has outgrown the current facility and is need of a larger sanctuary. He assures City Council the Church's leadership is strong and will maintain the property just as has been done in the past. Roy Smith, 1825 Hickory Nut Loop, Phone: 572-6133, advised he and his family have lived in Holland Pines, behind the Church for 13 years. Although his family is not members of Piney Grove Baptist Church, they have enjoyed connecting with the members of the congregation. The Church is a positive force within the Community and he is happy to see so many people responding to the Gospel and Ministry of Piney Grove Baptist Church. July 14, 2015 11 -59- Item-VI-K.5 PLANNING ITEM#65059 (Continued) Lloyd Claud, 1229 Sotheby Court, Phone: 715-5571, advised he is a Member of Piney Grove Baptist Church, works as a Realtor and requests approval of this Application. The Church has met all of the requirements of the City Code. The Church is a positive part of the Community by teaching love and respect. In his profession, he has never seen the presence of a church negatively affect property values of surrounding homes. Martin Cochran, Chestwood Drive represented the Holland Pines Neighborhood. They request City Council Defer this application for sixty (60) days. Although it is not the ideal situation, he feels it necessary to preserve the neighborhood. He stated the residents north of 2821 Bald Eagle Drive did not receive notification of the Applicant's Conditional Use Permit request as mandated by State Law. Those same residents did not receive notification of the Planning Commission's meeting last month nor of this City Council meeting. The neighborhood does not have the benefit of a Home Owners Association or a Civic League and it has been difficult to disseminate pertinent information to the residents. We began working with the Church in August 2014 and received information in a `piece-mill disorganized fashion" and provided only after specific requests. Final conditions were received less than 24 hours before the Planning Commission meeting. Pastor Williams agreed to take the demolition of the home out of the plan; however, that is not the case any longer. The neighborhood would like true concessions and not City-Planning mandated requirements. Even if the home is demolished and a parking-lot constructed, the Church will still not have adequate parking. There seems to be many "unknowns" and he feels the Deferment is in the best interest of the neighborhood. Chuck Haley, 1736 Globby Lake Drive, Phone: 804-445-4259, spoke in favor of the Applicant. He feels that churches have a positive influence on our Community by providing local jobs and social benefits. Churches often draw people to the area just as good school systems and increase the value of families and individuals. Andrew Jackson, 153 Upperville, Phone: 490-9190, advised he has never seen community opposition such as this, especially regarding the expansion of a Church. This Country was founded upon the idea of the Church having freedom. He questioned what has happened. This particular Church was there before the neighborhood existed. The Church should be allowed to build what they want on their own property. Al Whitehurst, Jr., 2912 Chestwood Bend, Phone: 368-0279, represented Holland Pines West. Mr. Whitehurst has lived in the neighborhood for twenty (20) years. He requested City Council consider "Buffering"and "Compromising Proposal" tonight. He also supports a Deferral in hopes a compromise could be met. If not, he requested Buffering be a Category 6 on Bald Eagle with as much buffering placed on this street. The Category 4 Buffering is located where as many as nine (9) homes will be directly impacted and feels it should be Category 6 as well. Property owners have a reasonable expectation that the house next to them will remain a "home". He feels that property values are going to go down and the quality of life will be negatively affected. Again, he is asking to "beef- up" the Buffering. The group is offering a "compromise proposal" that the Church be granted the original Conditional Use Permit and that would keep the home from being torn down. This was something added by the Planning Commission. Regina Rossi Valentine, 1732 Rose Petal Drive, Phone: 635-3520, advised she is a thirteen (13) year resident of Holland Pines and a former Real Estate Agent. The Community has not complained about parking on the street as they have done for years. The Community has been very tolerant and good neighbors to the Church. However, that does not translate into the Community being okay with a residential home being torn down and a parking lot built in the middle of the Community. The property values will be negatively affected should the Church be allowed to build the parking lot. July 14, 2015 -60- Item-VI-K 5 PLANNING ITEM#65059 (Continued) Buddy Sparrow, 2813 Bald Eagle Road, Phone: 689-2997, advised he is a thirteen (13)year neighbor of the Church and supports the expansion of the Church; however, he does not support the house being torn down. He requested City Council Defer this matter for sixty (60) days and allow a compromise to be worked out. His home will have a parking lot on two sides of his property and will be negatively impacted. Bryn Hitchcock, 7801 Rose Petal Court, Phone: 592-4662, does not feel the Community has been afforded their "due process". He feels the Planning Department has not done their job and also requested the City Council consider a sixty (60) day Deferral. It is the Planning Department's job to ensure a Conditional Use Permit falls within the Guidelines and this request should be sent back to Planning so they can do their job. Monica Stahly, 2832 Bald Eagle Road, Phone: 513-9837, like many in attendance tonight, supported the expansion of the Church; however, she shares the same concerns regarding the current proposal. Pastor Williams stated the Church has made many concessions with the Community when, in fact, many of the concessions are mandated by City Code, Ordinance or Regulation. If it is required by law, then that is not a concession by the Church. Should the parking lot be constructed, the Buffer is of paramount importance to preserve the tranquility and peaceful nature of the neighborhood. Donna Wiley, 2900 Balk Eagle Bend, Phone: 650-5494, has been a resident for twenty (20)years. Her home was purchased on a peaceful, tree-lined street with a beautiful wooded back yard. She did her due diligence and contacted the City to inquire about the woods behind the home and was assured the lot was the backyard of the residential home next door to her home. Her family never imagined the home next door would be demolished in order to construct a parking lot. She is pretty positive her property value will be negatively impacted. Lisa Hartman, 2737 Pleasant Acres Drive, represented Christopher Farms Phase III Homeowners Association. She expressed concern regarding the current plan as it affects the Community in several ways. The Church uses Christopher Farms Elementary a few times throughout the year and shuttles individuals to the Church. They do not oppose this being a few times throughout the year but do not want this to be a weekly occurrence. By using the property across the road from the Church, traffic is stopped for people to safely cross the road. Once Holland Road expansion is complete, the road will be a four- lane highway and she cannot imagine stopping traffic for people to safely cross. There is also concern the Church has not been compliant with the existing Conditional Use Permit granted in 2009. The additional parking spaces in the proposed parking lot will not be sufficient to meet the Church's needs and the Community will continue to share the burden. E. George Minns, represented Seatack Community Civic League. He clarified why Seatack Community has an interest in this request as the cultural, circumstances the Community lived under, as well as this being "Old Princess Anne County"; and, people travel some distance to go to Church. Many in the Seatack community still consider Piney Grove Baptist Church as their home church. "Church" to their Community may mean a lot more than some others. He advised traffic is stopped on Princess Anne Road at the Catholic Church for people to cross the road. The signs were posted and the Church complied with the Law. When a person purchases property, a number of rights come with that purchase. The Planning Commission has approved this matter and he requested City Council do the same and approve this matter. The Church is 145 years old and has supported this area from Princess Anne County to the City. The Church has done great for this City. July 14, 2015 -61- Item -VI-K S PLANNING ITEM#65059 (Continued) Carlo Geronimo, 2908 Myrtle Oak Court, Phone: 675-5072, a twenty (20)year resident of Holland Pines and advised he is not opposed to the expansion of the Church. However, he is opposed to the residential home being demolished in order to construct a parking lot. He is confident if his family outgrew his current home, he would have to move to a different home. Medy Alexander, 1704 Rose Petal Drive, Phone: 430-3700, a twenty-three (23)year resident of Holland Pines and does not have an issue with the Church Members parking on the street; however, she does oppose the Church demolishing the home and construct a parking lot. Pastor Williams advised the Church is simply "housing" the trailer mentioned in earlier comments and does not own the trailer. The residential home is the property of Piney Grove Baptist Church and they wish to use the property for the benefit of the Church. He expressed his frustration with the Community stating they "tolerate" the parking on the streets and, quite frankly, is tired of being "tolerated". The Church wants to have their own parking so they can be accepted in the Community and not simply tolerated. Upon motion by Council Lady Henley, seconded by Councilman Moss, City Council, APPROVED and CONDITIONED,AS AMENDED, Application of PINEY GROVE BAPTIST CHURCH/MILLARD F. REID/CHARLES FREDERICK REID/JACQUELINE S. PRATT for a Conditional Use Permit re an expansion of a Church at 2804 Holland Road and 2821 Bald Eagle Road DISTRICT 7 — PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon PINEY GROVE BAPTIST CHURCH/MILLARD F. REID/CHARLES FREDERICK REID/JACQUELINE S. PRATT for a Conditional Use Permit re an expansion of a Church at 2804 Holland Road and 2821 Bald Eagle Road (GPINs 1495500072, 1494590830, 1494496474, 1494498418, 1494497641, 1494497720) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The Site shall be developed substantially in conformance with the Site Plan revised for the July 14, 2015, City Council meeting entitled, "Exhibit for Piney Grove Baptist Church, Virginia Beach, VA" by Site Improvement Associates, Inc., dated April 17, 2015, with revisions dated June 17, 2015. This Plan shows two hundred fifty (250) on-site parking spaces. 2. Landscape buffering and fencing along Bald Eagle Road shall substantially adhere to the submitted Plan entitled, "Exhibit Showing Landscape for Piney Grove Baptist Church, Sheets 1 and 2 by Site Improvement Associates, dated June 26, 2015. Two changes to the Plan are required: First, Aucuba or Camillia must be substituted for Heavenly Bamboo, which is an unacceptable invasive species. Second: the Chindo Viburnum must have a minimum height of thirty six (36") inches at installation, rather than twenty four (24') inches as shown. The required maintenance gate on Bald Eagle Drive shall be secured from inside the parking lot, except during maintenance. The gate shall not be open for pedestrian access. Landscape material shall be planted as soon as possible along Bald Eagle Road. July 14, 2015 -62- Item -VI-K.5 PLANNING ITEM#65059 (Continued) 3. The proposed Church addition shall substantially adhere to the submitted architectural elevations entitled "Piney Grove Baptist Church, " by Architectural Innovations. 4. A landscape buffer with Category IV landscape screening is required between the Church and adjacent residential uses as shown on the submitted Site Plan. No structures of any kind are permitted within this Buffer area, except fences as shown on the Plan. Existing trees shall be preserved where feasible. 5. The Church shall provide positive drainage throughout the site such that all drainage does not impact adjoining residential lots to the East or North. 6. New mechanical equipment, including but not limited to, heating and cooling equipment and generators, shall not be located within one hundred feet (100)'of an adjacent residential lot line. All mechanical equipment must be screened from ground level view. 7. The dumpster shall be screened and located as shown on the submitted Site Plan. 8. All lighting on the Site shall be directed downward and not spill over onto adjoining residential lots. All parking lot lighting shall be on motion sensors at night when the Church is not in use. Lighting on the front and rear of the Church building may remain on for security purposes, but will be shielded from residential neighbors. 9. Prior to issuance of a Building Permit for the additions, the Church will work with the Zoning Administrator and Traffic Engineering to develop a Plan to divert Church traffic to the overflow lot across Holland Road when the on-site parking is full. The Plan will provide for any signs needed to be fabricated in advance and an implementation strategy to include shuttle service across Holland Road. This Plan shall be activated when construction of the addition commences. 10. After a Building Permit has been issued for construction, the Church will provide shuttle service across Holland Road whenever the parking lot on the West side of Holland Road is used. 11. After a Certificate of Occupancy has been issued for the new sanctuary, Church leadership will encourage all attending Church activities to park on Church property. 12. At no time shall both the new eight hundred thirty-five (835) seat sanctuary and the existing four hundred twenty (420) seat sanctuary be used for services simultaneously. It is the intent of the Church to repurpose the existing four hundred twenty (420) seat sanctuary into classrooms and offices when funds are available. 13. The temporary structure currently housing the Day Watch program may be moved to the North side of the main Church property and used until the expansion construction work has been completed. The portable building shall be removed from the Site when construction is finished. July 14, 2015 -63- Item -VI-K 5 PLANNING ITEM#65059 (Continued) 14. Interior property lines must be vacated and a no ingress/egress vehicular easement established along the Bald Eagle Road frontage prior to issuance of a Building Permit for the additions. 15. All landscaping and buffering shall be maintained on a regular basis. Debris such as limbs, leaves and litter, shall be cleaned up, especially following a storm. 16. Construction vehicles shall not access the Church site through the residential streets. 17. The existing post and rail fence located along both sides of the 2821 Bald Eagle Road Site shall be removed. 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 Fourteenth day of July, Two Thousand Fifteen. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 1 fr4 n` ..111 �' `fA •. I u� Y Ii I 1I11l1�11 [ ll 1111 � b tI , ,I d °Y �4 ' r -� r` I .1h► 1. Y litI I .6 . 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''''' m 4 0 > Q = c a, ;•i sr m ITI� O o cn _ mND Z '0 N0 = IFF O C2 if - 'I N = -64- ITEM VI-L APPOINTMENTS ITEM#65060 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 -65- ITEM VI-L APPOINTMENTS ITEM#65061 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: TYLER MIDGETT Unexpired term thru 03/31/2017 CLEAN COMMUNITY COMMISSION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 -66- ITEM VI-L APPOINTMENTS ITEM#65062 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JOANNE YOUNG—At Large Three-year term 09/01/2015—08/31/2019 PARKS and RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 -67- ITEM VI-L APPOINTMENTS ITEM#65063 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: HELENA M. GOURDINE-THORPE Three-year term 09/01/2015—08/31/2018 PUBLIC LIBRARY BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None July 14, 2015 -68- Item -VI-0 ADJOURNMENT ITEM#65064 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 8:09 P.M. " 600-4, Ov76- Amanda Finley-Barnes, CMC I Chief Deputy City Clerk uth Hodges raser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia July 14, 2015