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AUGUST 4, 2015 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL rf'N'$EAc MAYOR WILLIAM D.SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 04� ►— ` j > M.BENJAMIN DAVENPORT,At Large 9 •Z ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne-District 7 ' SHANNON DS KANE,Rose Hall-District 3 / JOHN D.MOSS,At Large E.� �P 6 al 0? AMELIA ROSS-HAMMOND,Kenzpsville-District 2 oN�ss JOHN E.UHRIN,Beach-District 6 F ue up�.t�" ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER-JAMES K.SPORE PHONE:(757)385-4303 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-5669 CITY ASSESSOR JERALD D.BANAGAN CITY AUDITOR-LYNDON S.REMIAS 4 August 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC g MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL LIAISON REPORTS - Conference Room- 4:30 PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. 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 V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Rob Robertson, Pastor Charity United Methodist 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 14, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS - RESOLUTIONS 1. SENATOR JEFFREY McWATERS Senator and Mrs. McWaters 2. CIRQUE du SOLEIL KOOZA Sean Brickell, Brickell and Partners Public Relations I. PUBLIC HEARINGS 1. EXCESS PROPERTY a. 1081 Norfolk Avenue—M&K Investments, LLC b. Princess Anne and Landstown Center Way-VBDA J. ORDINANCES 1. Ordinances to AMEND the City Code: a. Section 7-66 re designation of City highways for Golf Cart operation in the Lago Mar and Chubb Lake neighborhoods b. Section 10-1 to only change the name of the Bonney voting precinct from Holland Road Baptist Church to Discovery Church 2. Resolution re ISSUANCE through the Development Authority(VBDA) of up to $85,000,000 in Series 2015 Residential Care Facility Mortgage Bonds and Refunding Bonds issued in 2005, 2009 and 2011 for Westminister-Canterbury of Hampton Roads, Inc. 3. Ordinance to DECLARE EXCESS PROPERTY and AUTHORIZE the City Manager to execute the necessary documents to convey 1081 Norfolk Avenue to M & K Investments I, LLC 4. Ordinances to ACCEPT and APPROPRIATE Grant Funds: a. $93,750 from the Department of Criminal Justice, including matching funds, re the Juvenile Sex Offender Treatment Program and continue one FTE b. $94,440.50 in State Four for Life funds re Cardiac Monitor Upgrades for EMS and Fire K. PLANNING 1. Applications in DISTRICT 7—PRINCESS ANNE of: a. PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard b. BT HOLDINGS III,LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads: RECOMMENDATION: APPROVAL 2. Applications of WAVE CHURCH for Modification of Conditional Use Permits re installation of Modular Classroom Units at: a. 2665 Seaboard Road DISTRICT 7 - PRINCESS ANNE b. 1000 North Great Neck Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. GARY COLLIER and DORIS GENEVA, LLC for a Conditional Use Permit re Auto Repair at 416 Davis Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION,INC. for a Conditional Use Permit to comply with the City's Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 5. EUROTECH SERVICE CENTER, LLC and THE BANK OF HAMPTON ROADS for a Conditional Use Permit re Vehicle Repair at 207-209 Pennsylvania Avenue DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. AMEND Section 901 of the City Zoning Ordinance (CZO) to add Group Homes as a Conditional Use in the B-4 Mixed Use District. RECOMMENDATION: APPROVAL L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION THE PLANNING COUNCIL PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE - COG TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS 1 N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 8/4/15 st -1- 1"4 a L'P4 7- a 'r �..1 OLf VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 4, 2015 Mayor William D. Sessoms, Jr., called to order Reports of City Council Liaisons, in the City Council Conference Room, Tuesday, August 4, 2015, at 4:30 P.M. Council Members Present: M. Benjamin Davenport, 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: Robert M. Dyer Business appointment John D. Moss running late August 4, 2015 -2- CITY COUNCIL LIAISON REPORTS ITEM#65065 4:30 P.M. Council Lady Ross-Hammond advised she attended the recent Department of Human Services meeting and congratulated Danette Smith—Director,for her innovative efforts to improve the Protective Services. She created a Strategic Governance Team in an effort to improve communication in and outside of the Human Services Department. They held the first meeting this past Friday. Ms. Smith was recently featured on WAVY 10 regarding her efforts and the City's improvements to the Department. The case loads have been reduced to a maximum of eight(8)per Case Manager. The key to the improvements has been her asking Staff"what would you do for your family?"and this has had a tremendous positive effect on the Department. August 4, 2015 -3- CITY COUNCIL LIAISON REPORTS ITEM#65066 Council Lady Henley advised the Green Ribbon Committee has been very active lately. They have restructured and created sub-committees and expect to have recommendations soon. This past year's Legislative Agenda included three (3) items that made progress; however, they were not adopted and those items should be placed on this year's Legislative Agenda. August 4, 2015 -4- CITY COUNCIL LIAISON REPORTS ITEM#65067 Council Lady Henley met with Clay Bernick and Calvin Jackson regarding the Green Seas/Blueway Management Plan. Since City Council adopted the Plan, the Currituck County Commissioners and Chesapeake City Council adopted the Plan as well. The Plan will move forward with an implementation strategy and offers many great opportunities. August 4, 2015 -5- CITY COUNCIL COMMENTS ITEM#65068 4:37P.M. Council Lady Henley advised she just learned the regulations regarding the location of tattoo parlors are pretty restrictive. She suggested Staff review the regulations and provide feedback on possible amendments. August 4, 2015 -6- CITY COUNCIL COMMENTS ITEM#65069 Councilman Dyer asked to add an item to City Council Comments. He advised he had accepted an award on behalf of the City from the AAU Junior Olympic Games. He advised he would provide more details regarding the award at a future meeting. August 4, 2015 -7- AGENDA REVIEW SESSION 4:39 P.M. ITEM#65070 BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES 1. Ordinances to AMEND the City Code: a. Section 7-66 re designation of City highways for Golf Cart operation in the Lago Mar and Chubb Lake neighborhoods b. Section 10-1 to only change the name of the Bonney Voting Precinct from Holland Road Baptist Church to Discovery Church 2. Resolution re ISSUANCE through the Development Authority (VBDA) of up to $85,000,000 in Series 2015 Residential Care Facility Mortgage Bonds and Refunding Bonds issued in 2005, 2009 and 2011 for Westminster-Canterbury of Hampton Roads, Inc. 3. Ordinance to DECLARE EXCESS PROPERTY and AUTHORIZE the City Manager to execute the necessary documents to convey 1081 Norfolk Avenue to M&Klnvestments I,LLC 4. Ordinances to ACCEPT and APPROPRIATE Grant Funds: a. $93,750 from the Department of Criminal Justice, including matching funds, re the Juvenile Sex Offender Treatment Program and continue one FTE b. $94,440.50 in State Four for Life funds re Cardiac Monitor Upgrades for EMS and Fire August 4, 2015 -8- AGENDA REVIEW SESSION ITEM#65070 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K PLANNING 1. Applications in DISTRICT 7—PRINCESS ANNE.: a. PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard b. BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads 2. Applications of WAVE CHURCH for Modification of Conditional Use Permits re installation of Modular Classroom Units at: a. 2665 Seaboard Road DISTRICT 7 -PRINCESS ANNE b. 1000 North Great Neck Road DISTRICT 5—LYNNHAVEN 3. GARY COLLIER and DORIS GENEVA, LLC for a Conditional Use Permit re Auto Repair at 416 Davis Street DISTRICT 2—KEMPSVILLE 4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. for a Conditional Use Permit to comply with the City's Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper Road DISTRICT 7 -PRINCESS ANNE 5. EUROTECH SERVICE CENTER, LLC and THE BANK OF HAMPTON ROADS for a Conditional Use Permit re Vehicle Repair at 207-209 Pennsylvania Avenue DISTRICT 4-BAYSIDE 6. AMEND Section 901 of the City Zoning Ordinance (CZO) to add Group Homes as a Conditional Use in the B-4 Mixed Use District. ITEM#1b SHALL BE AMENDED TO ADD CONDITION ITEM#4 SHALL BE AMENDED BY MODIFYING CONDITION#2 August 4, 2015 -9- ITEM#65071 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 Executive Search Firm 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 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 August 4, 2015 -10- ITEM#65071 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:22 P.M. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D. Moss arrived just after the Vote (Closed Session 4:22 P.M. - 5:58 P.M.) August 4, 2015 -11- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 4, 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,August 4, 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, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond attending "National Night Out" INVOCATION: Reverend Rob Robertson, Pastor Charity United Methodist 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 identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. August 4, 2015 -12- 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. August 4, 2015 -13- Item—V-E CERTIFICATION ITEM#65072 Upon motion by Councilman Dyer, seconded by Council Lady Kane, 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: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 1 .-01', --"N., 141. ,- #„. .. „_.;.,.r. , S OF OUR NR''ON 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#65071 Page 10, 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. € , , , 1,,,z..„....„...,..,......„ R Hodges Fraser,MMC City Clerk August 4,2015 -14- Item -V-F MINUTES ITEM#65073 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 14,2015. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -15- ADOPT AGENDA FOR FORMAL SESSION ITEM#65074 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 4, 2015 -16- Item V—H.1 MAYOR'S PRESENTATION ITEM#65075 SENATOR JEFFREY Mc WATERS Senator and Mrs.Mc Waters Mayor Sessoms introduced Senator and Mrs. Mc Waters and presented a Resolution congratulating Senator Mc Waters for his entrepreneurship, his citizenship and his leadership. The Virginia Beach City Council is thankful for his counsel and work on the City's behalf and as a Virginian and declared the: Fourth Day of August, 2015, is recognized as SENATOR JEFFREY Mc WATERS DAY. Senator McWaters expressed his appreciation to City Council for their support. He feels City Council has the hardest job in America and feels the City owes thanks and support to Council. He expressed his appreciation to City Manager Spore, advised it has been a pleasure working with him and excited to see what the future holds for him. August 4, 2015 rc'GN'^BESC ,`4 _tea.` h!` _, .... , _„.__ ,,.),, `s F 4,rT e�: .fif ..,UUN NPn RESOLUTION . . : Senator Jeffrey L. 911cWaters is a Kentucky native,who worked his way through the`University of Kentucky,and is a very successful entrepreneur,and 7fe is president and CEO of"value Options'and one of the founders of Amerigroup, a company which grew from a garage space to eventually become a'Fortune 300 Corporation;and : Amerigroup's 7feadquarters are in Virginia Beach and employed over 1,700 before it was absorbed by Anthem,Inc.;and 1.0frg rE • Senator McWaters has been a proud resident of Virginia Beach for marry years;and `Gif7(E Jeff Mc'Waters was erected to the Senate of Virginia si'cyears ago toBout the term of Senator7CCn Stolle;and 7fe was re-erectedfora fuflfouryear term in 2011;and Senator 911c`Waters has gone on to serve with distinction in the oldest, continuous legislative body in the New World;and ryyjEE rg : 7fe has been a defender of businesses,the environment,taxpayers and the City of Virginia Beach;and [rE g . 7fe also introduced the ban of the use of plastic bags, which are shown to be injurious to the environment;and ,W}trE rE : Jeff 911cWaters is a tafentedpercussionist and singer with the band"Guava Jam;"and '40-PEWS: Jeff 9HcWaters has served as Vice 1 actor of the College of William and Mary,and was a founder of 'Trinity Church in Virginia Beach;and 7fe worked both in front of and behind the scenes to protect and advance the needs of the City of Virginia Beach;and Senator 911CWaters has decided not to run for re-election in the 2015 General Election. s tor Jeffrey NOW ER'Eis entrepreneurship, BE u7 rR hOL`NE ,aandhis leadership.t the Virginia 'The CityCouncil- Beach City Council isrthan�or Mc`Wa tens for his entrepreneurship, citizenship, his counsefanti workon the City's behalf,and as a Virginian; BE i7'FUVWE'R SOL (D: 'That the'Fourth day of August 2015 is recognized as: Senator Jeffrey McWaters Day Given under our hands and seat this'Fourth day ofA.ugust,'Two Thousand'Fifteen 4, r L. L �'� C uacirman'•6en;41./5''Dyer Council Lady Barbara 7Crnfry 4 .,}Sman 'Davrn, 1 � �2 S/i + l44 /I, on • ,. C.li" .,,y ,..yimeila N.P.vu xammond r n•7' n ►. oss Cou. ,,y S - non ne ,�' ; - ia b� / C. lames L.'Wood Co 'man Sohn E.'Uhrin CouncilLady'$ps•�ry'WiL'' • Nice . . Louis R'{' '• or "'ram O."War Sessoms -17- Item V—H.2 MAYOR'S PRESENTATION ITEM#65076 CIRQUE du SOLEIL ----KOOZA DAY Sean Brickell, Brickell Partners Public Relations Ron Kellum, Artistic Director Mayor Sessoms introduced Sean Brickell and Ron Kellum and presented them a Resolution recognizing Cirque du Soleil for its creative thinking and foresight to see a dream become reality in presenting this unique and professional entertainment venue in Virginia Beach where history meets the sea and continues to establish legacies for its almost one-half million citizens, this making it the "best city in the world". The Virginia Beach City Council declared the: Eighth Day of August, 2015, is recognized as CIRQUE du SOLEIL---KOOZA DAY Mr. Kellum, on behalf of the artists and the company, expressed it has been a privilege to be in Virginia Beach. The hospitality shown the artists has been remarkable from the travel and tourism board to the local citizens. He advised the show is only making three (3) stops in the United States before heading to South America and eventually to Australia. He thanked City Council for their support of this show and, most importantly, support for the Arts. Mr. Brickell also expressed his appreciation to the City Council and the entire City of Virginia Beach for their support. August 4, 2015 -1\ • t:c +OsU ,: , 7 U- o".Op OVR NATO�S 0 SOL LI I ION WHEREAS: KpOZA is the premiere Cirque du Soleil production in'Virginia Beach_ 'The show has been viewed around the world by more than 4-Million people in almost fifty[50]cities,in twelve[12]countries and on three[9]continents; WHEREAS: The cast and crew of more than one hundred twenty[120]come from eighteen[18]different countries. During their stay, they are occupying more than four thousand[4,000]hotel rooms in'Virginia Beach; 'j {E` 5: Cirque du Soleil is truly one of the world's most attended and loved entertainment programs. More than 155-Millwn fans have enjoyed the Cirque du Soleilperformance since 1984,including 15- i[lion in 2014; WHEREAS: Cirque du Soleilhas not received any grants from the public nor private sector since 1992; WHEREAS: 4000ZA's yellow and blue Big Top seats almost twenty-five hundred[2,500]spectators in a climate-controlled environment that is fifty-six[56]feet tall and one hundred sixty-four[164]feet in diameter. Appros]mately sixty-five[65]very large trucks were mercer(to bring everything to Virginia Beach; WHEREAS: During7OOOZAs engagement in'Virginia Beach,jobs have been created with more than one hundred twenty [120J focal people employed to help with ticketing, seating, janitorial services and administration; WHEREAS:S: 'While in Virginia Beach,7000ZA reties on local suppliers for many essentials such as food, bio-dieselfuer,machinery,food and beverage supplies for patrons, banking services,delivery services,recycling and waste management—thereby injecting a significant amount of money into our local economy;and WHER.AS: With the month of performances scheduled,KOOZA is the longest-running tenant in the history of the'Virginia Beach Convention Center. NO11), D[E_RE[FOSE, BE IT RESOLVED: That the'Virginia Beach City Council pause in its deliberations to recognize CIRQUE du SOLEIL for its creative thinking and foresight to see a dream become reality in presenting this unique and professional.entertainment venue in Virginia Beach where history meets the sea and continues to establish legacies for its almost one-half Million citizens, thus making it the "best city in the world". BE ITJZ1RAXEQR E SOL' ED: That Saturday,August Eighth,Two Thousand Fifteen be known and celebrated as: CIRQUE du SOL EIL---(OOZA DAY r D ,,,, /AL AIPP derie4:erAb;.0"l, iff 0 a— 14 ii,., I ' �,m�� on Conr!?. "406"Vyer CounciCLady Bar6ara7fenley 1 = lNom' ill� m 'I. AA-a I.4g.''`'.- -- --7,`m, Cow a` Sli nnon'1(ane Coy c-/ n�o n D.Moss unci .ady Or.Amelia Tr toss-31 fir' _ f' m `..4114. Coufmtlman lo fin G.Vfirin' Conn '!Lady 12,osema 1- o• -- Dulledmai,9a es L.'Wood 4-ice 2layorLouis W, ones 2layor'tl1illiam(D. "1,117rSessoms -18- Item V—Ll a PUBLIC HEARING ITEM#65077 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS PROPERTY a. 1081 Norfolk Avenue—M&K Investments, LLC There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 4, 2015 -19- Item V—I.Ib PUBLIC HEARING ITEM#65078 Mayor Sessoms DECLARED A PUBLIC HEARING: EXCESS PROPERTY a. Princess Anne and Landstown Center Way- VBDA There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING. August 4, 2015 -20- ADD ON ITEM#65079 Upon Motion by Councilman Wood, seconded by Vice Mayor Jones, City Council APPROVED the request to ADD to the Consent Agenda: Resolution directing the award of a contract for a City Manager Search Firm Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -21- Item -V-J ORDINANCES ITEM#65080 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items la/b, 2, 3, 4a/b and 5 (which is the ADD ON). Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -22- Item -V-J.1 a ORDINANCES ITEM#65081 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: a. Section 7-66 re designation of City highways for Golf Cart operation in the Lago Mar and Chubb Lake neighborhoods Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 1 AN ORDINANCE TO AMEND SECTION 7-66 2 OF THE CITY CODE PERTAINING TO 3 DESIGNATION OF CITY HIGHWAYS FOR 4 GOLF CART OPERATION; POSTING OF 5 SIGNS 6 7 SECTION AMENDED: § 7-66 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 7-66 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 7-66. Designation of City highways for golf cart operation; posting of signs. 15 (a) Pursuant to Section 46.2-916.2 of the Code of Virginia, city council may authorize 16 by ordinance, the operation of golf carts on designated public highways within the 17 City after (i) considering the speed, volume, and character of motor vehicle traffic 18 using such highways, and (ii) determining that golf cart operation on particular 19 highways is compatible with state and local transportation plans and consistent with 20 the Commonwealth's statewide pedestrian policy. No City highway shall be 21 designated for use by golf carts if such golf cart operations will impede the safe and 22 efficient flow of motor vehicle traffic, or if the highway's posted speed limit is greater 23 than twenty-five (25) miles per hour. 24 (b) All requests made to have specific highways designated for golf cart use shall be 25 directed to the Traffic Engineering Office of Public Works. 26 (c) Any City highway designated for golf cart operations shall be posted with signs 27 indicating this designation. The organization, individual or entity requesting a 28 highway designation allowing golf cart operations shall reimburse the City its actual 29 cost for the installation and continued maintenance of such signs. 30 (d) The following City streets located in the specified neighborhoods are approved for 31 golf cart operation in accordance with the provisions of this Article: 32 33 (1) Heron Ridge Estates - Couples Court, Heron Ridge Lane, Heron Ridge Drive, 34 Lynx Drive, Lynx Court, and Ryan Court; 35 36 (2) Chubb Lake West of Pleasure House Road - Beaufort Avenue, West Chubb 37 Lake Avenue, Chubb Lake Avenue, Lauderdale Avenue (4800-5100 Blocks), 38 Athens Boulevard, Creek Cove Court, Sunny Circle, Bradpointe Lane, 39 Leatherneck Road, Lookout Road (4800-4900 Blocks), Bradford Point, 40 Bayview Avenue, Guv Avenue, Ocean View Avenue (4900 Block), Lee Avenue 41 (4800 Block), Zivo Court and Lake Drive (4800 Block); 42 11 43 (3) Lago-Mar - Atwoodtown Road, Costa Grande Drive, Camino Real South, 44 Camino Court, Rota Circle, Santa Marta Court, Santa Clara Court, Cinta Court, 45 Granada Court, San Jose Court, San Miguel Court, Sevilla Court, Acapulco 46 Court, Casa Court, Estrella Court, Rio Grande Drive, Rio Grande Court, Pinon 47 Court, Corrente Lane, Escorial Court, La Mirage Court, Los Conaes Way, 48 Trevino Court, Rio Bravo Bend, Santiago Point, Toledo Place, Infanta Circle, 49 Costa Grande Drive, Malaga Lane, Malaga Court, Alcon Court, Soria Circle, 50 Tres Lane, Vaso Court, Toro Court, Amigo Court, Tono Court, Los Colonis 51 Drive, Las Brisas Drive, Baja Court, Sonora Court, Morado Court, La Tierra 52 Court, La Tierra Circle, Las Corrales Court, Brasileno Drive, Brasileno Court, 53 Valiente Court, Esquiana Court, Verano Court, Verano Circle, Belleza Court, 54 Torero Court, Entrada Drive, Ranchero Road, Cordova Court, San Marco 55 Road, San Marco Circle and San Marco Court. 56 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day 57 of August , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P. Pt-. � .PA Public Works City Y Attorne ' fficC e s U CA13168 R-3 July 7, 2015 1 -23- Item -V-J.lb ORDINANCES ITEM#65082 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code: b. Section 10-1 to only change the name of the Bonney Voting Precinct from Holland Road Baptist Church to Discovery Church Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO RENAME THE POLLING PLACE FOR THE 3 BONNEY PRECINCT 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and reordained, to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their 16 respective polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Bayside Sixth Grade Campus 22 Arrowhead Arrowhead Elementary School 23 Avalon Woodstock Elementary School 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney 29 Discovery Church 30 Brandon Brandon Middle School 31 Brookwood Plaza Annex 32 Buckner Green Run Baptist Church 33 Cape Henry Research and Enlightenment Building (Edgar 34 Cayce Library) 35 Capps Shop Back Bay Christian Assembly 36 Centerville Centerville Elementary School 37 Chesapeake Beach Bayside Baptist Church 38 Chimney Hill Congregation Beth Chaverim 39 College Park College Park Elementary School 40 Colonial Colonial Baptist Church 41 Colony Lynnhaven Colony Congregational Church 42 Corporate Landing Corporate Landing Middle School 43 Courthouse Courthouse Fire Station 44 Creeds Creeds Fire Station 45 Cromwell Salem United Methodist Church 46 Culver Ocean Lakes High School 47 Dahlia Green Run High School 48 Dam Neck Corporate Landing Elementary School 49 Davis Corner Bettie F. Williams Elementary School 50 Eastern Shore Eastern Shore Chapel 51 Edinburgh St. Aidan's Episcopal Church 52 Edwin Kempsville Middle School 53 Fairfield Kempsville Presbyterian Church 54 Foxfire Kemps Landing/Old Donation School 55 Glenwood Glenwood Elementary School 56 Great Neck All Saints Episcopal Church 57 Green Run Green Run Elementary School 58 Haygood Haygood United Methodist Church 59 Hillcrest Village Church Hilltop Freedom Fellowship 60 Church 61 Holland Holland Elementary School 62 Homestead Providence Presbyterian Church 63 Hunt Princess Anne Recreation Center 64 Independence Water's Edge Church 65 Indian Lakes Indian Lakes Elementary School 66 Indian River San Lorenzo Spiritual Center 67 Kings Grant St. Nicholas Catholic Church 68 Kingston King's Grant Presbyterian Church 69 Lake Christopher New Covenant Presbyterian Church 70 Lake Joyce Morning Star Baptist Church 71 Lake Smith Bayside Church of Christ 72 Landstown Landstown Community Church 73 Larkspur St. Andrews United Methodist Church 74 Lexington Larkspur Middle School 75 Linkhorn Virginia Beach Community Chapel 76 Little Neck Lynnhaven United Methodist Church 77 London Bridge London Bridge Baptist Church 78 Lynnhaven Tidewater Area Christian Fellowship 79 Magic Hollow Virginia Beach Moose Family Center 80 Malibu Malibu Elementary School 81 Manor Providence Elementary School 82 Mt. Trashmore Windsor Woods Elementary School 83 Newtown Good Samaritan Episcopal Church 84 North Beach Galilee Episcopal Church 85 North Landing Hope Haven 86 Ocean Lakes Ocean Lakes Elementary School 87 Ocean Park Bayside Community Recreation Center 88 Oceana Scott Memorial United Methodist Church 89 Old Donation Calvary Baptist Church 90 Pembroke Pembroke Elementary School 91 Pinewood Lynnhaven Presbyterian Church 92 Plaza Lynnhaven Elementary School 93 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 94 Point O'View Kempsville Church of Christ 95 Red Wing Fraternal Order of Police, Lodge #8 96 Rock Lake Salem Elementary School 97 Rosemont Forest Rosemont Forest Elementary School 98 Roundhill Salem High School 99 100 Rudee Virginia Beach Volunteer Rescue Squad 101 Building 102 Seatack Mount Olive Baptist Church 103 Shannon Church of the Ascension 104 Shelburne Christopher Farms Elementary School 105 Shell Unity Church of Tidewater 106 Shelton Park Shelton Park Elementary 107 Sherry Park St. Matthews Catholic Church 108 Sigma Red Mill Elementary School 109 South Beach Contemporary Art Center of Virginia 110 Stratford Chase Community United Methodist Church 111 Strawbridge Strawbridge Elementary School 112 Tallwood Tallwood Elementary School 113 Thalia Thalia Elementary School 114 Thoroughgood Independence Middle School 115 Timberlake White Oaks Elementary School 116 Trantwood Virginia Beach Christian Church 117 Upton Three Oaks Elementary School 118 Village Thalia Lynn Baptist Church 119 Windsor Oaks Windsor Oaks Elementary School 120 Witchduck Bayside Presbyterian Church 121 Wolfsnare Virginia Beach Christian Life Center 122 Central Absentee Voter AgricultureNoter Registrar Building 123 Precinct 124 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 4th day of August , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 4 SUFFICIENCY: / ,„--- 1.,AC.d. _ d ' ow-- -- ,) '4 Voter R-gistrar City A r- ' •"ce CA13405 R-1 July 16, 2015 -24- Item -V-J.2 ORDINANCES ITEM#65083 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution re ISSUANCE, through the Development Authority (VBDA), of up to $85,000,000 in Series 2015 Residential Care Facility Mortgage Bonds and Refunding Bonds issued in 2005, 2009 and 2011 for Westminster-Canterbury of Hampton Roads, Inc. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 1 RESOLUTION OF THE CITY COUNCIL OF THE 2 CITY OF VIRGINIA BEACH, VIRGINIA, ON THE 3 ISSUANCE OF UP TO $85,000,000 OF REVENUE 4 BONDS BY THE CITY OF VIRGINIA BEACH 5 DEVELOPMENT AUTHORITY FOR THE BENEFIT 6 OF WESTMINSTER-CANTERBURY OF HAMPTON 7 ROADS, INC. 8 9 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 10 has approved the application of Westminster-Canterbury of Hampton Roads, Inc. (the 11 "Organization"), a Virginia non-stock, not-for-profit corporation, requesting that the 12 Authority issue up to $85,000,000 of its revenue bonds in one or more series at one 13 time or from time to time (the "Bonds") to assist the Organization with: 14 15 (a) financing certain capital improvements at the Organization's 16 continuing care retirement community (the "Community") located at 3100 Shore 17 Drive, Virginia Beach, Virginia 23451, including, but not limited to the (i) 18 completion and equipping of the unfinished space on the fourth floor of the 19 Organization's existing four-story healthcare center (the "Hoy Center") to add 20 approximately 9,342 square feet of finished space, (ii) the renovation, 21 improvement and equipping of the existing finished space in the Hoy Center, 22 which upon completion will continue to be a 95-bed nursing healthcare facility, 23 (iii) the construction, renovation, improvement and equipping of a 2,400 square 24 foot expansion of the Organization's Wellness Center, which is located on the 25 first floor of the Community's West Tower and (iv) the financing of the costs of 26 routine and ongoing capital expenditures for the Community, including 27 information technology infrastructure, technology improvements, equipment 28 related to the foregoing two items, window replacement and repair, apartment 29 renovations, improvements and replacement, upgrades and expansion of 30 existing equipment and buildings and other capital outlays related to the existing 31 Community; 32 33 (b) refunding all or a portion of the outstanding principal amount of the 34 Authority's (i) Residential Care Facility Mortgage Refunding Revenue Bonds 35 (Westminster-Canterbury of Hampton Roads, Inc.), Series 2005 (the "Series 36 2005 Bonds") originally issued by the Authority for the purpose of refunding the 37 Authority's outstanding Residential Care Facility Mortgage Revenue Bonds, 38 Series 1999A (the "Series 1999A Bonds"), which were originally issued to 39 finance a portion of the Organization's costs to construct, renovate and equip a 40 new 14-story residential wing and to substantially renovate the Community, (ii) 41 Residential Facility Revenue and Refunding Bond (Westminster-Canterbury of 42 Hampton Roads, Inc.), Series 2009 (the "Series 2009 Bond"), which was 43 originally issued to refund the Authority's Residential Care Facility Mortgage 44 Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.), 45 Series 2004B, which were originally issued to refund the Authority's Residential 46 Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of 47 Hampton Roads, Inc.) Series 1993, which were originally issued to refund prior 48 bonds of the Authority that financed capital improvements at the Community and 49 (iii) Residential Care Facility Mortgage Revenue Bond (Westminster-Canterbury 50 of Hampton Roads, Inc.) Series 2011 (the "Series 2011 Bond" and collectively, 51 with the Series 2005 Bonds and the Series 2009 Bond, the "Refunded Bonds"), 52 which was originally issued to finance certain capital improvements to and 53 renovations of the Community; and 54 55 (c) financing costs of issuance incurred in connection with the 56 refunding of the Refunded Bonds and the issuance of the Bonds (collectively, the 57 "Plan of Finance"). 58 59 WHEREAS, the Authority held a public hearing on July 21, 2015; 60 61 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 62 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 63 private activity bonds and over the area in which any facility financed with the proceeds 64 of private activity bonds is located must approve the issuance of the bonds; 65 66 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 67 Virginia (the "City"), the facilities to be financed and refinanced with the proceeds of the 68 Bonds are located in the City and the City Council of the City of Virginia Beach, Virginia 69 (the "Council"), constitutes the highest elected governmental unit of the City; 70 71 WHEREAS, the Authority has recommended that the Council approve the Plan of 72 Finance and the issuance of the Bonds; and 73 74 WHEREAS, a copy of the Authority's resolutions approving the issuance of the 75 Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a 76 Fiscal Impact Statement have been filed with the Council. 77 78 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 79 OF VIRGINIA BEACH, VIRGINIA: 80 81 1. The Council approves the issuance of the Bonds, in an aggregate 82 principal amount up to $85,000,000, by the Authority for the benefit of the Organization, 83 solely to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the 84 Code of Virginia of 1950, as amended, to permit the Authority to assist in accomplishing 85 the Plan of Finance. 86 87 2. The approval of the issuance of the Bonds does not constitute an 88 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the 89 Plan of Finance or the Organization. In accordance with Chapter 643 of the Acts of 90 Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a debt or 2 91 a pledge of the faith and credit or taxing power of the Commonwealth or any political 92 subdivision thereof, including the Authority and the City. 93 94 3. This resolution shall take effect immediately upon its adoption. 95 96 Adopted by the Council fo the City of Virginia Beach, Virginia, on 4th day of 97 August , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r' Ae"›.1. /> Economic Development City Attorney CA13231 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D021\P019\00224392.DOC R-1 July 23, 2015 3 'r' 1 ? VIRGIN A BEACH July 21, 2015 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach,Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Mortgage Revenue Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with the request of Westminster-Canterbury of Hampton Roads, Inc.'s application for the issuance of residential care facility mortgage revenue bonds in the amount of$85,000,000 for the project located at 3100 Shore Drive,Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's(the"Authority's")resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Fiscal Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit H. Very truly yours, yam...„1.... 61--. 1.,...: Assistant Secretary /AWS Enclosures 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 i EXHIBIT A NOTICE OF PUBLIC HEARING TO (o)refund all or a portion of the BE HELD BY THE outstanding principal amount of the CITY OF VIRGINIA BEACH Authority's (i) Residential Care Facility MortgageRefunding bu Revenue Bonds DEVELOPMENT AUTHORITY (Westminster-Canterbury Hampton Roads, ON THE ISSUANCE OF Inc. Series 2005 (the 'Series 2005 UP TO 000 000 OF ITS Bonds")originally issued by the Authority fa REVEE BONS the purpose of refunding the Authority's FOR THE BENEFIT OF outstardirrg Residential Care Fociityy INESTMINSTERCANTERBURY OF Revenue Bonds, Series 1 (the were were HAMPTON ROADS,INC. (the 'Series 1999A Bonds'), which originay issued to finance a portion of the OrganizErtion's costs to construct renovate notice is hereby given that the Croy of and equip a new 14-story residential wing Virginia Beach Development Authority (the and to substantially renovate the 'Authority') whose address is 4525 Main Community. (ii) Residential Facility Revenue Street, Suite 700. Virginia Beach. Virginia and Refunding Bond 23462. will hold a public hearing on the (WestminsterCanterbury of Hampton Roads, application and plan of financing of Inc.). Series 2009the 'Series 2009 Westminster-Canterbury of Hampton Roads. Bond').which was originally issued to refund inc. (the 'Organization'), whose principar the Aut �•s. Residential Care Facility place of business is 3100 Shore Drive. Mortgage(lefundir€ Revenue Bonds Virginia Beach, Virginia 23451. requesting (WestmnsterCanterbury of Hampton Roads, the Authority issue up to 185,000.000 of its inc.). Series 20048, which were aiginally resenue bonds (the Bords'1. in one or issued to refund the Authority's Resdentel more series at one time or from tine to Care facility Mortgage finding Revenue Bonds time.the proceeds of which will be loaned to (WestminsterCant of Hampton the Organuatien to: Roads, Inc.) Series 1993. which were originally issued to refund prior bonds of the (a)fnance certain capital Authority that financed capital improvements improvements at the Organizations at the Community and (iii) Residential Care cortnuirg mare retirement community (tate Facility Mortgage Revenue Bond 'Community")located at 3100 Shore Drive. (WeslmnsterCanterbuy of Hampton Roads, Virginia Beach. Virginia 23451. including. inc.)Series 2011 (the 'Series 2011 Bond' but not limited to the (i) completion and and collectively.with the Series 2005 Bonds equipping of the unfinished space on the and the Series 2009 Bond, the 'Refunded fourth floor of the Organization's existing Bonds'), which was originally issued to four-story Healthcare center (the 'Hoy finance certain capital improvements to and Center')to add approximately 9,342 square renovations of the Conrrunty:and feet of finished space, (ii) the renovation, improvement and equipping of the existing (c)finance costs of issuance incurred finished space in the Hoy Center. which in connection wrth the refunding of the completion will continue to be a Refunded Bonds and the issuance of the upon noosing healthcare facility, (iii) the Bonds(collectively.the'Plan of Finance"). construction, renovation, improvement arc The issuance of the Bonds as requested by equipping of a 2,400 square foot expansion the Organization will not constitute a debt or of the Organization's Wellness Center.whichpledgemof the faith and beet of the is located on the fist floor of the Comonwealth of Virginia. the Authority or Community's West Tower and (iv) the the City of Virginia Beach, Virginia, but wiil financing of the costs of routine and ongoing be payable solely from revenues derived capital expenditures for the Community. from the Organization and pledged therefor including information technology and neither the faith and credit nor the irtfrastructure. technology improvement s, taxing power of the Commonwealth of equipment related to the foregoing two Virginia or any political subdivisions. items, window replacement and repair. rrcluding the Authority or the City of Virginia apartment renovations. improvements and Beach.Virginia,is pledged to the payment of replacement, iapeades and expansion of the Bonds The Authority has no taxing existng equipment and buildings and other power. capital outlays related to the existing Community: The public hearing.which may be continued or adpumed. will be held at 8:30 a.m. on Tuesday,July 21,2015,before the Authority and in the Authority's offices located at 4525 Main Street, Suite 700. Virginia Beach. Virgnia 23462. Arty person interested in the issuance of the Bonds or the Plan of Finance may appear at the hearing and present his or her views. A copy of the Organization's afpleation may be inspected at the Authority's office at the address stated above during business hours_ Cityof Vfrawia Beach Development Authority VP July 7.& 14,2015 24707767 EXHIBIT B EXHIBIT B Summary of Statements Representatives of Westminster-Canterbury of Hampton Roads, Inc. appeared before the Authority to describe the project and the proposed bond issue. No one appeared in opposition to the proposed bond issue. EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF UP TO $85,000,000 OF REVENUE BONDS FOR THE BENEFIT OF WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. WHEREAS, the City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), is empowered by Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"), to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth of Virginia by assisting in the financing and refinancing of medical facilities and facilities for the residence or care of the aged, owned and operated by organizations which are exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); WHEREAS, the Authority has received a request from Westminster-Canterbury of Hampton Roads, Inc., a Virginia non-stock, not-for-profit corporation (the "Organization"), requesting that the Authority issue its revenue bonds, in one or more series at one time or from time to time, to assist the Organization with: (a) financing certain capital improvements at the Organization's continuing care retirement community (the "Community") located at 3100 Shore Drive, Virginia Beach, Virginia 23451, including, but not limited to the (i) completion and equipping of the unfinished space on the fourth floor of the Organization's existing four-story healthcare center (the "Hoy Center") to add approximately 9,342 square feet of finished space, (ii) the renovation, improvement and equipping of the existing finished space in the Hoy Center, which upon completion will continue to be a 95-bed nursing healthcare facility, (iii) the construction, renovation, improvement and equipping of a 2,400 square foot expansion of the Organization's Wellness Center, which is located on the first floor of the Community's West Tower and (iv) the financing of the costs of routine and ongoing capital expenditures for the Community, including information technology infrastructure, technology improvements, equipment related to the foregoing two items, window replacement and repair, apartment renovations, improvements and replacement, upgrades and expansion of existing equipment and buildings and other capital outlays related to the existing Community; (b) refunding all or a portion of the outstanding principal amount of the Authority's (i) Residential Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.), Series 2005 (the "Series 2005 Bonds") originally issued by the Authority for the purpose of refunding the Authority's outstanding Residential Care Facility Mortgage Revenue Bonds, Series 1999A (the "Series 1999A Bonds"), which were originally issued to finance a portion of the Organization's costs to construct, renovate and equip a new 14-story residential wing and to substantially renovate the Community, (ii) Residential Facility Revenue and Refunding Bond (Westminster-Canterbury of Hampton Roads, Inc.), Series 2009 (the "Series 2009 Bond"), which was originally issued to refund the Authority's Residential Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.), Series 2004B, which were originally issued to refund the Authority's Residential Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of Hampton 68246727_4 Roads, Inc.) Series 1993, which were originally issued to refund prior bonds of the Authority that financed capital improvements at the Community and (iii) Residential Care Facility Mortgage Revenue Bond (Westminster-Canterbury of Hampton Roads, Inc.) Series 2011 (the "Series 2011 Bond" and collectively, with the Series 2005 Bonds and the Series 2009 Bond, the "Refunded Bonds"), which was originally issued to finance certain capital improvements to and renovations of the Community; and (c) financing costs of issuance incurred in connection with the refunding of the Refunded Bonds and the issuance of the Bonds (collectively, the "Plan of Finance"). WHEREAS, such assistance will benefit the inhabitants of the City of Virginia Beach, Virginia (the "City") and the Commonwealth of Virginia, either through the increase of their commerce or through the promotion of their safety, health, welfare, convenience or prosperity; WHEREAS, preliminary plans for the Plan of Finance have been described to the Authority and a public hearing has been held as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended; WHEREAS, the Organization has represented that the estimated cost of undertaking the Plan of Finance will require an issue of revenue bonds in the aggregate principal amount not to exceed $85,000,000; WHEREAS, (a) no member of the Board of Commissioners of the Authority is an officer or employee of the City, (b) each member has, before entering upon his duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended and (c) at the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Commissioners of the Authority have satisfied the residency requirements of the Act; and WHEREAS, to the best of the Authority's knowledge, no member of the Board of Commissioners of the Authority has any personal interest or business interest in the Organization or the bonds or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 31, Title 2.2 of the Code of Virginia of 1950, as amended, in connection with this resolution or any other official action of the Authority in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is hereby found and determined that the Plan of Finance will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth of Virginia, the City and their citizens and in particular will promote the providing of health care facilities and other facilities for the residence and care of the aged in accordance with their special needs. 2. The Authority hereby agrees to assist the Organization in undertaking the Plan of Finance by issuing its revenue bonds in an aggregate principal amount not to exceed $85,000,000 upon terms and conditions mutually agreeable to the Authority and the Organization. The bonds -2- will be issued pursuant to documents satisfactory to the Authority. The bonds may be issued in one or more series at one time or from time to time. 3. It having been represented to the Authority that it is necessary to proceed immediately with the Plan of Finance, and the planning therefor, the Authority agrees that the Organization may proceed with the Plan of Finance, enter into contracts for land, construction, materials and equipment for the Project, and take such other steps as it may deem appropriate in connection with the Plan of Finance, provided, however, that nothing in this resolution shall be deemed to authorize the Organization to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Plan of Finance. The Authority agrees that the Organization may be reimbursed from the proceeds of the bonds for all expenditures and costs so incurred by it,provided such expenditures and costs are properly reimbursable under the Act and applicable federal laws. 4. At the request of the Organization, the Authority approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection with the issuance of the Bonds. 5. All costs and expenses in connection with the undertaking of the Plan of Finance, including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the Organization or, to the extent permitted by applicable law, from the proceeds of the bonds. If for any reason such bonds are not issued, it is understood that all such expenses shall be paid by the Organization and that the Authority shall have no responsibility therefor. 6. The Authority recommends that the governing body of the City approve the issuance of the bonds for the purpose of undertaking the Plan of Finance. 7. No bonds may be issued pursuant to this resolution until such time as the issuance of the bonds has been approved by the governing body of the City. 8. This resolution shall take effect immediately upon its adoption. -3- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Commissioners of the Authority at a meeting duly called and held on July 21, 2015, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof WITNESS the following signature and seal of the Authority this Z�day of \. , 2015. Secretary V Y City of Virginia B Developme Authority -4- EXHIBIT D DISCLOSURE STATEMENT Date: July 22, 2015 Applicant: Westminster-Canterbury of Hampton Roads, Inc. All Owners (if different from Applicant): None Type of Application: $85,000,000 Residential Care Facility Mortgage Refunding Revenue Bond, Series 2015 to provide owner financing for capital improvements to the health care center and wellness center and general capital replacement needs at Westminster- Canterbury's Facility located at 3100 Shore Drive in Virginia Beach, Virginia and $60,000,000 to refund existing long-term bond debt initially issued by the Virginia Beach Development Authority to finance and refinance other capital projects at Westminster-Canterbury's facility 1. The Applicant is a Virginia corporation. 2. The Applicant is the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Schedule A. WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. By4 • General 1-1342176.1 I li i BOARD OF TRUSTEES OF WESTMINSTER-CANTERBURY OF HAMPTON ROADS,INC. Term Trustees Expires Occupation Howard P.Kern,Chairman 1/2016 President&COO,Sentara Healthcare Robert W.McFarland,Vice- 1/2018 1 Attorney,McGuireWoods LLP Chairman Suzanne Puryear,Secretary 1/2019 President,Norfolk Planning Council George L.Compo,Treasurer 1/2017 President,Compo Construction Company Or.Townsend Brown,Jr. 1/2019 Dentist The Rev.Harold J.Cobb,Jr. 1/2016 Rector,Grace Episcopal Church The Rev.Frances D.Dille 1/2017 Chaplain,Bon Secours Maryview Medical Center Dr.William T.Greer,Jr. 1/2017 President,Virginia Wesleyan College Peter M.III 1/2018 President&CEO,Resite Online Dennis G.Manning 1/2019 Headmaster,Norfolk Academy John Y.Pearson 1/2019 Attorney,Retired Jane Cady Rathbone 1/2018 President&CEO,Hanbury Evans Wright Vlattms+Co • Martha Sims 1/2016 Retired Director,Virginia Beach Public Libraries Timothy J.Stiffler 1/2018 President,Commonwealth Lodging Alvin A.Wall 1/2017 CPA,Wall,Einhorn&Chernitzer,PLC Or.David B.Young 1/2016 Physician,Retired Ex-Officio The Rt.Rev.Herman Hollerith Bishop,Episcopal Diocese of Southern Virginia,Norfolk,VA • The Rev.Liza Hendricks General Presbyter,Presbytery of Eastern Virginia Portsmouth,VA Westminster-Canterbury of Hamptpn Roads Foundation. The Foundation was incorporated on December 22, 1992, as a not-for-profit Virginia nonstock corporation,the sole member of which is Westminster-Canterbury. The Foundation was born out of a desire to significantly increase the ability of Westminster-Canterbury to provide fellowship assistance to qualified individuals. Westminster-Canterbury transferred all moneys in its Fellowship Fund to ttte Foundation in 1993 and has subsequently provided financial assistance to its residents through the Foundation. The Foundation is a Member of the Obligated Group. The audited consolidated financial statements of Westminster-Canterbury provided in an appendix to this RFP include the Foundation's operating results and financial position for the years ended September 30,2014 and 2013. As of September 30, 2014 the Foundation had total assets of approximately$12.3 million and maintains an investment policy which emphasizes preservation of assets and long-term growth of principal. Under the current investment policy, the asset allocation allows equities to range from 60-70%and fixed income from 30-40%. The Foundation, managed by a Board of Directors appointed by the Board of Trustees of Westminster-Canterbury, is a supporting tax-exempt organization that will underwrite partial expenses of current and prospective residents who need assistance and who have been approved by the admitting staff and the Admissions Committee of Westminster-Canterbury. in addition to serving as a vehicle for private and corporate giving, the Foundation also advises Westminster-Canterbury's Board of Trustees as to whether the mission of Westminster- Canterbury to provide fellowship assistance to eligible candidates is being sufficiently communicated to its constituencies,and if not,what steps could be taken to further enhance the community's understanding of Westminster-Canterbury's purpose and ministry as it pertains to the fellowship program. The Foundation's Board also advises Westminster-Canterbury's Board of Trustees of any developments in the local community that could impact the ministry of Westminster-Canterbury and on any actions and policies that may be needed to further implement appropriate fundraising procedures. Management. The Board of Trustees delegates the day-to-day operations to the management team headed by the President. The President implements the policies of the Board through delegation and supervision of the staff. Key members of the management team are: J. Benjamin Unkle, Jr. is President/CEO of Westminster-Canterbury. Prior to joining Westminster-Canterbury Mr.Unkle was Senior Vice President of Western Operations for Erickson Retirement Communities, a national leader in senior housing and health care. Mr. Unkle had leadership responsibility for eight continuing care retirement communities in that position. Prior to joining Erickson,Mr.Unkle practiced law with OLA Piper(formerly Piper&Marbury]headquartered in Baltimore,Maryland. He has a B.A.degree in Government&Politics and earned his Juris Doctor, with honors,from the University of Maryland. Daniel J.Nimon,Vice President,Resident and Health Services,leads the development and delivery of Resident and Health Services to the independent, assisted living and nursing home constituencies of Westminster-Canterbury. Mr.Nimon has worked in the healthcare field for over 30 years and has been a Licensed Nursing Home Administrator for over 25 years. During his career Mr.Nimon has served in a variety of health care settings as Administrator or Executive Director. He received his BS in Human Services Administration from New Hampshire College,Manchester,New Hampshire and became a Certified Assisted Living Administrator in 2001. I Joseph F.Belvedere,Jr.is Chief Financial Officer and Assistant Treasurer. Prior to joining Westminster-Canterbury, Mr. Belvedere was Vice President of Finance in charge of the financial aspects of the community services organization (Home Health, Hospice, Adult Day Centers, Transportation,and other community-based programs)at Ohio Presbyterian Retirement Services, Ohio's largest non-profit provider of retirement services. During his six-year tenure at OPRS,this community-based services organization doubled in size and became well-known nationally for service quality and financial stability. Prior to OPRS,Mr. Belvedere worked in progressing financial positions at The Goodyear Tire & Rubber Company (Financial Analysis,Investor Relations,Corporate Accounting)and LimitedBrands,Inc.(Bath&Body Works,Victoria's Secret, Express and other retail brands—Store Design&Construction and Fixed Asset Accounting). Mr. Belvedere has a BSBA and MBA from the University of Akron,accredited business school. Nancy King is the Vice President of Operations for Westminster-Canterbury at Home,LIC. She has 30 years of experience in senior living,home and community based services,with start-up and/or operating experience for 13 home care and hospice agencies in three states. She served as Chair of the LeadingAge Home and Community Services Cabinet. EXHIBIT E A VIRGINIA BEACH CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $85,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2015 The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. Westminster-Canterbury of Hampton Roads, Inc.'s residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist as existing life-care facility to remain current in meeting new market demands for its services, maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 EXHIBIT F FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: July 7, 2015 To the City Council of the City of Virginia Beach, Virginia Virginia Beach, Virginia Applicant: Westminster-Canterbury of Hampton Roads, Inc. (the "Organization") Facility/ The financing of improvements to the Hoy Center to finished the 4"' story and Plan of improve and equip the other floors, expanding the Wellness Center and refunding Finance: certain existing debt of the Organization. 1. Maximum amount of financing sought $85,000,000 2. Estimated taxable value of the facility's real property to be constructed in $10,480,000 the locality. 3. Estimated real property tax per year using present tax rates. $808,983 4. Estimated personal property tax per year using present tax rates. $82,238 5. Estimated merchants' capital tax per year using present tax rates. N/A 6. (a) Estimated dollar value per year of goods that will be purchased from $9,058,480* Virginia companies within the locality (b) Estimated dollar value per year of goods that will be purchased from $3,480,864* non-Virginia companies within the locality (c) Estimated dollar value per year of services that will be purchased $6,329,756* from Virginia companies within the locality (d) Estimated dollar value per year of services that will be purchased $1,874,311* from non-Virginia companies within the locality 7. Estimated number of regular employees on year round basis. 411.8 FTEs 8. Average annual salary per employee. $35,608 * Amounts shown are based on the Organization's purchases for the community generally because the proceeds of the proposed bonds include certain new money projects as described above and the refunding of certain of the Organization's existing debt that was used to finance and refinance various components of its community. Chair City of Virg' is Beach Development Authority EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Westminster-Canterbury of Hampton Roads, Inc. 2. LOCATION: 3100 Shore Drive,Virginia Beach,Virginia 23451 3. DESCRIPTION OF PROJECT: (i) The renovation and expansion of the third floor of Westminster-Canterbury's existing four-story health care center to add additional private rooms, remodel semi-private to private rooms on the third floor of the health care center and a refurbishment of all common areas in that building; (ii) the renovation and expansion of Westminster- Canterbury's wellness center; (iii) general capital improvements to the entire Westminster-Canterbury facility with emphasis on technology infrastructure and technology improvements and equipment, window replacement and repair and apartment renovations and (v) the refunding of Series 2005 bonds, 2009 bond and 2011 bond, which were issued by the Virginia Beach Development Authority to refinance other capital projects at Westminster-Canterbury's Facility to achieve debt service savings. 4. AMOUNT OF BOND ISSUE: $85,000,000 5. PRINCIPALS: Episcopal Diocese of Southern Virginia and Presbytery of Eastern Virginia, Presbyterian Church (USA) 6. ZONING CLASSIFICATION: a. Present zoning classification the Property: B-4 b. Is rezoning proposed: Yes No XX— c. If so, to what zoning classification: I-1342174.1 EXHIBIT H 1:41-11 VIRGINIA BEACH ECONOMIC DEVELOPMENT July 21, 2015 Mrs. Elizabeth "Boo"A. Twohy Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, VA 23462 Re: Westminster-Canterbury of Hampton Roads, Inc. Dear Boo: The Department of Economic Development concurs with the issuance of Series 2015 Mortgage Revenue and Refunding Bonds in an amount not to exceed $85,000,000 for Westminster- Canterbury of Hampton Roads, Inc. The issuance of these bonds by the Authority will provide a public benefit to the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modern and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. These funds will finance completion and equipping of the unfinished and finished healthcare center(the "Hoy Center"); construction, renovation, improvement and equipping the expanded Organization's Wellness Center; and financing routine and ongoing capital expenditures such as information technology infrastructure, window replacement and repair, apartment renovations and upgrades, etc. I will be happy to answer any questions you may have. Sincerely, CVA Mark R. Wawner Project Development Coordinator /lla 4525 Main Street,Suite 700•Virginia Beach,Virginia 23462•ph 757.385.6464 or 800.989.4567•fax 757.499.9894 -25- Item-V-J.3 ORDINANCES ITEM#65084 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to DECLARE EXCESS PROPERTY and AUTHORIZE the City Manager to execute the necessary documents to convey 1081 Norfolk Avenue to M&KInvestments I,LLC Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 1 AN ORDINANCE DECLARING 5,021 SQ. FT. OF 2 PROPERTY, LOCATED AT 1081 NORFOLK 3 AVENUE, TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY MANAGER 5 TO EXECUTE THE DOCUMENTS NECESSARY TO 6 CONVEY THE PROPERTY TO M & K 7 INVESTMENTS I, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") acquired certain real property to consisting of two (2) parcels and containing 5,334 sq. ft. located at 1081 Norfolk Avenue 11 (GPINs: 2417-54-3201 and 2417-54-2185), (the "Original Parcels"); 12 13 WHEREAS, the City acquired the Original Parcels from Mary E. Parsons on May 14 11, 2005 for the Birdneck Road Project (CIP 2-149) (the "Project"), utilizing 15 approximately 313 sq. ft. of the Original Parcels to widen the right-of-way, and the 16 remaining acreage being 5,021 sq. ft. (the "Property"); 17 18 WHEREAS, the Project is now complete, and City Council is of the opinion that 19 the Property is in excess of the needs of the City of Virginia Beach; 20 21 WHEREAS, M & K Investments I, LLC ("M & K"), desires to acquire the Property, 22 and combine it with the adjoining parcel located at 1091 Norfolk Avenue, for use as an 23 additional buffer as well as for parking and a delivery area; 24 25 WHEREAS, the Virginia Department of Transportation has approved the sale of 26 the Property on the condition that such proceeds be deposited into a transportation 27 related project; 28 29 WHEREAS, the Department of Public Works will deposit the proceeds from the 30 sale of the Property into CIP 2-025: Witchduck Road — Phase II; and 31 32 WHEREAS, City Council has determined that M & K's proposed use is an 33 appropriate use for the Property. 34 35 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the Property is hereby declared to be in excess of the needs of the City of 39 Virginia Beach and that the City Manager or his designee is hereby authorized to: 1) 40 execute any documents necessary to convey the Property to M & K Investments I, LLC, 41 in accordance with the Summary of Terms attached hereto as Exhibit A, and made a 42 part hereof, and such other terms, conditions or modifications as may be acceptable to 43 the City Manager and in a form deemed satisfactory by the City Attorney; and 2) deposit 44 the proceeds of the sale of the Property into CIP 2-025: Witchduck Road — Phase II. 45 46 This ordinance shall be effective from the date of its adoption. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day 49 of August , 2015. CA-13216 R-1 PREPARED: 7/21/15 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM W .t 03 _ tedlAA)-77) ,i/t) PU:LIC WORKS, REAL ESTATE CITY ATTORNEY 2 1. 2I"r EXHIBIT A SUMMARY OF TERMS SALE OF EXCESS PROPERTY - 1081 NORFOLK AVENUE SELLER: City of Virginia Beach PURCHASER: M & K Investments I, LLC, a Virginia limited liability corporation PROPERTY: 1081 Norfolk Avenue (GPINs: 2417-54-3201 and 2417-54-2185) (The "Property") SALE PRICE: $50,000.00 CONDITIONS OF SALE: • Property will be purchased "As Is, Where Is." • Property is currently zoned R-7.5 and will need to be rezoned to accommodate shopping center use, at the Buyer's expense. • Property shall be resubdivided at the Buyer's expense in order to eliminate interior lot lines for GPINs: 2417-54-3201, 2417-54- 2185 and 2417-54-0166. • No residential uses shall be allowed on the Property. • The Buyer may use the Property as additional buffer for the adjoining parcel, for parking, and a delivery area for loading and unloading, and for no other purpose. • Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction. • Buyer shall deposit with City the amount of Two Thousand Five Hundred Dollars ($2,500.00) upon execution of the Purchase Agreement. • Virginia Department of Transportation has conditioned that the proceeds must be deposited into a transportation-related project. • The Department of Public Works will deposit the proceeds from the sale of the Property into CIP 2-025: Witchduck Road — Phase II. -26- Item -V-J.4a ORDINANCES ITEM#65085 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: a. $93,750 from the Department of Criminal Justice, including matching funds, re the Juvenile Sex Offender Treatment Program and continue one FTE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO CONTINUE THE JUVENILE SEX OFFENDER 3 TREATMENT PROGRAM, TO AUTHORIZE ONE GRANT 4 FUNDED FTE, AND TO TRANSFER FUNDS FOR THE 5 LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. $46,875 is hereby accepted from the Virginia Department of Criminal Justice 11 Services and appropriated, with estimated federal pass-through revenue increased 12 accordingly, to the FY 2015-16 Operating Budget of the Department of Human Services for 13 a Juvenile Sex Offender Treatment program; and 14 15 2. $46,875 is hereby transferred within the FY 2015-16 Operating Budget of the 16 Department of Human Services to provide the local match; and 17 18 3. One full-time grant-funded MH/MR Clinician III (1.0 FTE) is approved in the 19 FY 2015-16 Operating Budget for the Department of Human Services, provided, that this 20 position is conditioned upon continued grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of August 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: :udget and�'anagement Services City-Attu y' Office CA13406 R-1 July 17, 2015 -27- Item -V-J.4b ORDINANCES ITEM#65086 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds: b. $94,440.50 in State Four for Life funds re Cardiac Monitor Upgrades for EMS and Fire Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER FUNDS FOR 3 THE PURCHASE OF CARDIAC MONITOR 4 UPGRADES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $47,220 is hereby accepted from the Virginia Department of Health, Office 10 of Emergency Medical Services, and appropriated, with estimated state revenues 11 increased accordingly, to the FY 2015-16 Operating Budget of the Department of 12 Emergency Medical Services (EMS) for the purchase of cardiac monitor upgrades; and 13 14 2) $47,220 is hereby transferred from the General Fund Reserve for 15 Contingencies to the FY 2015-16 Operating Budget of the Department of Emergency 16 Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the 4th day of August2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: yg- mg/ Awl, ' , yr 7. ( Budget and Management Services :ct; fice CA13404 R-1 July 14, 2015 -28- Item -V-J.5(ADD ON) ORDINANCES ITEM#65087 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT:Resolution DIRECTING the award of a contract for a City Manager Search Firm Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 1 A RESOLUTION DIRECTING THE AWARD OF A 2 CONTRACT FOR A CITY MANAGER SEARCH FIRM 3 4 WHEREAS, the City Manager has submitted a letter providing that he would be 5 retiring at the end of the year; and 6 7 WHEREAS, the City Council appoints the City Manager; and 8 9 WHEREAS, at the direction of the City Council, staff solicited proposals for a 10 contract to provide a search to fill the forthcoming vacancy in the position of City 11 Manager. 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, 15 16 That the City Council hereby directs the award of a contract to provide a search 17 to fill the forthcoming vacancy in the position of City Manager to Springsted, Inc., 18 through its executive recruiting component, Waters and Company. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of August , 2015. APPROVED AS TO LEGAL SUFFICIENCY: Cid-*r_gx-rfey s Office CA13408 R-1 August 4, 2015 -29- Item—V-K PLANNING ITEM#65088 la. PAUL S. BROWN FAMILY,LLC CHANGE OF ZONING lb. BT HOLDINGS HI,LLC CONDITIONAL CHANGE OF ZONING 2a. WAVE CHURCH MODIFICATION OF CONDITIONAL 2665 Seaboard Road USE PERMIT 2b. WAVE CHURCH MODIFICATION OF CONDITIONAL 1000 North Great Neck Road USE PERMIT 3. GARY COLLIER and DORIS GENEVA,LLC CONDITIONAL USE PERMIT 4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDITIONAL USE PERMIT CONDOMINIUM ASSOCIATION,INC. 5.EUROTECH SERVICE CENTER,LLC and CONDITIONAL USE PERMIT THE BANK OF HAMPTON ROADS 6. AMEND CITY ZONING ORDINANCE ITEM#1 a/b WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE "AS REVISED" COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#6 August 4, 2015 -30- Item -V-K PLANNING ITEM#65089 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Items 2a/b, 3, 4 (REVISED), 5 and 6 of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -31- Item—V-K.la/b PLANNING ITEM#65090 Bob Miller, 5033 Rouse Drive, a Professional Engineer, advised he is appearing in Attorney Bourdon's stead who is unable to attend tonight's meeting. The added Condition is acceptable to the Applicant. Michael Jarrad, 1800 Chelsey Green Drive, President of Prince George Estates Homeowner's Association and a twenty-nine year resident of the City. Mr. Jarrad provided a Petition with over six- hundred signatures. There are eighty-four(84) homes in Prince George Estates and they hope to protect the family friendly atmosphere of their community from further industrial encroachment. The Zoning will interfere with their rights as citizens and homeowners to enjoy the comfort of their residential homes. The argument is simple: "Industrial next to residential is not compatible. " There are numerous existing complaints with the "bulk storage yard" as noise continues to be an issue. The storage yard hosts "biker-gang" parties. Mr. Jarrad provided photos supporting the complaint. The neighborhood is "high-end" and he feels they deserve "high-end" economic development and not a bulk storage yard. They feel the rezoning is NOT supported by the Master Plan, is incompatible with residential neighborhoods and will cause additional quality of life issues for the residents. Tracey Little spoke in opposition. Her home is located adjacent to the proposed site. It will negatively affect her family's quality of life and property values. Should City Council approve the rezoning request, she fears the precedent will be set and the entire area will eventually become "Industrial". Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, as PROFFERED: a. Application of PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PAUL S. BROWN FAMILY, LLC for a Change of Zoning from R-20 Residential District to I-1 Industrial District re an access roadway to a bulk storage yard (GPIN 2405332394)DISTRICT 7—PRINCESS ANNE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of August, Two Thousand Fifteen. AND August 4, 2015 -32- Item -V-K.la/b PLANNING ITEM#65090 (Continued) City Council APPROVED and CONDITIONED, SUBJECT TO ONE (1) YEAR APPROVAL FROM AUGUST 4, 2015 AUGUST 3, 2016; AND, IF NO VIOLATIONS IN ONE (1) YEAR, ADMINISTRATIVE APPROVAL WILL BE GRANTED: b. Application of BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads DISTRICT 7-PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BT HOLDINGS III, LLC for a Conditional Change of Zoning from AG-1 and AG-2 Agricultural to Conditional I-1 Industrial; and, a Conditional Use Permit re a Bulk Storage Yard at Harpers Road and Dam Neck Roads (GPIN 2405631630)DISTRICT 7-PRINCESS ANNE The following conditions shall be required: I. There shall be no access to the Bulk Storage yard from Dam Neck Road. Access to the Site shall be solely from an ingress/egress easement to be recorded on the adjacent parcel(GPIN 24053323940000). 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicle, buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored other than in fully enclosed steel storage containers. The storage containers shall be a maximum of six (6)feet in height, eight (8)feet in width, and forty (40)feet in length. No storage containers shall be permitted to be stacked. They must be situated on the ground or any surface material at ground level. 4. No one shall be permitted to operate a generator at any time on the property. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 6. No signage shall be permitted along the property line adjacent to Dam Neck Road. 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 AM until 10:00 PM. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition No. 2. No person shall be permitted to reside at the facility and no other repair, retail or other similar business, shall be conducted on the Site. August 4, 2015 -33- Item -V-K1a/b PLANNING ITEM#65090 (Continued) This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of August, Two Thousand Fifteen. Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Shannon DS Kane Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -34- Item -V-K.2a PLANNING ITEM#65091 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT, Application of WAVE CHURCH for Modification of a Conditional Use Permit re installation of Modular Classroom Units at: a. 2665 Seaboard Road DISTRICT 7 -PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAVE CHURCH for Modification of a Conditional Use Permit re installation of Modular Classroom Units at 2665 Seaboard Road (GPIN 2404606318) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit, granted by the City Council on July 11, 2006, shall remain in effect. 2. The 24'x 60'Modular Structure shall be located on the Site as depicted on the Plan entitled, "Location of Proposed 24'x60' Modular Structure for Classrooms (Wave Church—Seaboard). " 3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the Portable Classroom Structure. 4. The Portable Classroom Structure is considered temporary and shall be permitted on this Site for not more than five (5)years from the date of City Council approval and shall only be located as depicted on the submitted Plan. Continued use of the structure after five (5)years shall require a new Modification of the Conditional Use Permit. 5. The Portable Classroom Structure shall have skirting around the entire base to screen the under-carriage of the unit. 6. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit 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 Fourth day of August, Two Thousand Fifteen. August 4, 2015 -35- Item-V-K.2a PLANNING ITEM#65091 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -36- Item -V-K.2b PLANNING ITEM#65092 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT, Application of WAVE CHURCH for Modification of a Conditional Use Permit re installation of Modular Classroom Units at: b. 1000 North Great Neck Road DISTRICT 5 -LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAVE CHURCH for Modification of a Conditional Use Permit re installation of Modular Classroom Units at 1000 Great Neck Road (GPIN 2408137769) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit, granted by the City Council on October 14, 2003, shall remain in effect. 2. The 24'x 60'Modular Structures shall be located on the Site as depicted on the Plan entitled, "Plan for Installation of Modular Units (Wave Church — Great Neck Road)." 3. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department prior to occupancy of the Portable Classroom Structure. 4. The Portable Classroom Structure is considered temporary and shall be permitted on this Site for not more than five (5)years from the date of City Council approval and shall only be located as depicted on the submitted Plan. Continued use of the structure after five (4)years shall require a new Modification of the Conditional Use Permit. 5. The Portable Classroom Structure shall have skirting around the entire base to screen the under-carriage of the unit. 6. Foundation landscaping, subject to approval by the Planning Director, shall be installed around the base of the unit. 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 Fourth day of August, Two Thousand Fifteen. August 4, 2015 -37- Item-V-K.2b PLANNING ITEM#65092 Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -38- Item -V-K3 PLANNING ITEM#65093 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of GARY COLLIER and DORIS GENEVA, LLC for a Conditional Use Permit re Auto Repair at 416 Davis Street DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GARY COLLIER and DORIS GENEVA, LLC for a Conditional Use Permit re Auto Repair at 416 Davis Street(GPIN 1467485790)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. A low evergreen hedgerow shall be installed along the property line adjacent to Davis Street, and two (2) canopy trees shall be installed as shown on the Site Plan entitled, "SITE PLAN FOR GARY COLLIER- 416 DAVIS STREET, " dated 06/05/2015. 2. A solid row of evergreen trees shall be installed on the interior side of the existing chain-link fence located along the eastern property line, as shown on the Site Plan entitled, "SITE PLAN FOR GARY COLLIER- 416 DAVIS STREET" dated 06/05/2015. The plant material shall be no less than six(6)feet in height at the time of planting. 3. There shall be no outside storage or display of tires, vehicles in a state of disrepair, equipment, parts or materials. All such vehicles and items shall be stored within the building. 4. All barbed wire fencing shall be removed from the Site. 5. All automotive repair shall take place inside the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from the adjoining property. Any outdoor lighting fixture shall not be erected higher than fourteen (14)feet from the ground. 7. No outside loud speaker system shall be permitted. 8. No outdoor vending machines and/or display of merchandise shall be permitted. 9. Signage on the Site shall be limited to one building-mounted sign facing Davis Street for each building, as well as one tenant-specific sign above each suite door. A permit shall be obtained from the Planning Department, Zoning Division,for any signage being added to the Site. 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 Fourth day of August, Two Thousand Fifteen. August 4, 2015 -39- Item Item -V-K3 PLANNING ITEM#65093 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -40- Item -V-K4 PLANNING ITEM#65094 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS REVISED and CONDITIONED, BY CONSENT: Application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUMASSOCIATION, INC.,for a Conditional Use Permit to comply with the City's Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper Road DISTRICT 7-PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC., for a Conditional Use Permit to comply with the City's Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper Road (GPINs 24326431580001 through 24326431583250; 24326431581000 through 24326431581004)DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: 1. The Site shall be developed substantially in conformance with the submitted Site Plan. A maximum of 250 resort residential units are permitted. 2. Residential units may consist of recreational vehicles and park model trailers with a maximum length of 40' and a maximum width of 14'. Maximum height is 18'above the City's design flood elevation. No condominium site may have more than 1200 square feet of impervious cover. 3. Permits are required for any permanent improvements including, but not limited to, parking pads, canopies and foundations. All permanent structures must meet the City's Floodplain Ordinance. 4. A three- (3)foot wide mulched landscape bed must be installed and maintained for each Site along all Back Bay water frontage. Low level plant material must be approved by the Planning Department prior to installation. 5. No additional boat lifts or docks are approved with this application. All conditions attached to previous approvals for boat lifts and docks are still applicable. 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 Fourth day of August, Two Thousand Fifteen. August 4, 2015 I. I -41- Item -V-K.4 PLANNING ITEM#65094 (Continued) Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -42- Item -V-K.5 PLANNING ITEM#65095 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED and CONDITIONED, BY CONSENT: Application of EUROTECH SERVICE CENTER, LLC and THE BANK OF HAMPTON ROADS for a Conditional Use Permit re Vehicle Repair at 207-209 Pennsylvania Avenue DISTRICT 4-BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of EUROTECH SERVICE CENTER,LLC and THE BANK OF HAMPTON ROADS for a Conditional Use Permit re Vehicle Repair at 207-209 Pennsylvania Avenue (GPIN 1467849761) DISTRICT 4-BAYSIDE The following conditions shall be required: 1. Except as modified by any other condition of this Conditional Use Permit, the Site shall be developed in substantial conformance with the submitted Site Plan entitled "207209 SERVICE CENTER, A PROPOSED AUTOMOTIVE SERVICE FACILITY FOR SELECT AUTOMOTIVE," dated June 17, 2015, and prepared by GMF + Associates. Said Plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit, the building shall be developed in substantial conformance to the two (2) submitted renderings entitled "207-209 SERVICE CENTER, A PROPOSED AUTOMOTIVE SERVICE FACILITY FOR; SELECT AUTOMOTIVE," dated April 28, 2015, and prepared by GMF + Associates. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. All on-site signage shall meet the requirements and regulations of the City's Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 4. No outdoor vending machines and/or display of merchandise shall be allowed. 5. No motor vehicle repairs shall take place outside the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted. Any vehicle in this condition requiring storage shall be stored within the building. 7. No outside storage of tires,parts or equipment shall be permitted. 8. This Conditional Use Permit for an Automobile Repair Garage shall expire ten (10) years from the date of City Council approval. To continue the use of Automobile Repair Garage after such expiration, the applicant shall request a new Use Permit. August 4, 2015 -43- item -V-K.5 PLANNING ITEM#65095 (Continued) 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 Fourth day of August, Two Thousand Fifteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -44- Item -V-K.6 PLANNING ITEM#65096 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, ADOPTED, BY CONSENT: Ordinance to AMEND Section 901 of the City Zoning Ordinance (CZO) to ADD Group Homes as a Conditional Use in the B-4 Mixed Use District. Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 1 AN ORDINANCE TO AMEND SECTION 901 2 OF THE CITY ZONING ORDINANCE TO ADD 3 GROUP HOMES AS A CONDITIONAL USE 4 IN THE B-4 MIXED USE DISTRICT 5 6 Section Amended: § 901 City Zoning Ordinance 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 901 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 ARTICLE 9. BUSINESS DISTRICTS 18 19 20 21 Sec. 901. Use regulations. 22 23 (a) Principal and conditional uses. The following chart lists those uses 24 permitted within the B-1 through B-4K Business Districts. Those uses and structures in 25 the respective business districts shall be permitted as either principal uses indicated by 26 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 27 shall be prohibited in the respective districts. No uses or structures other than as 28 specified shall be permitted. 29 Use 1 1 A . 2 3 4 4C ` 4K Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure ' with a gross floor area of less than five thousand (5,000) PPPPPC C square feet Group Home XX X X C X X COMMENT This amendment will allow Group Homes as a conditional use only in the B-4 Mixed Use district. Group Homes include homeless shelters and related uses. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of August , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (Litrija; 'la ning Department City Attorney's Office CA13362 R-1 May 18, 2015 2 -45- ITEM V-L APPOINTMENTS ITEM#65097 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AGRICULTURAL ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION THE PLANNING COUNCIL PUBLIC LIBRARY BOARD REVIEW and ALLOCATION COMMITTEE- COG TIDEWATER COMMUNITY COLLEGE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD Voting.• 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 -46- Item -V-O ADJOURNMENT ITEM#65098 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:43 P.M. Atir,n!a nley-.arn-• , CMC Chief Deputy City Clerk th Hodges 'raser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia August 4, 2015 -47- PUBLIC DIALOGUE Bill Garvey, President, Croatan Civic League, submitted a Petition signed by 427 Croatan residents, local residents and Beach-Goers. The Petition requests the City Council approve the long, overdue update of the 2001 Rudee Inlet and Croatan Beach Public Park Study. The request is for the Study to begin this Fall and be completed by Spring 2016; and, the same independent consultant be used for consistency and credibility. The Park is a public park, providing recreational opportunities for more than five hundred (500) community residents, their guests and `thousands upon `thousands of non- resident tourists and visitors annually. The Petition urges the City provide for a long-range stabilization of the Croatan Public Park/Beach with storm protection for the entire neighborhood. The Public Beach, dune system, homes and property values are threatened by rising sea levels and the deterioration/shrinking of the beach and dune system. Holli Martir, 4165 Rainbow Drive, Phone: 339-5325, expressed concern regarding her rising "Water Bill". She is the only one that resides in her home and feels she is billed the same as someone that has multiple people residing in the same home. She is currently unemployed and just recently began receiving unemployment. As such, she is forced to ask for a deferral each month on her Water Bill. Also, now that she is receiving unemployment, she does not qualify for food stamps or any other public assistance. August 4, 2015