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NOVEMBER 17, 2015 MINUTES r CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL `NSA Be MAYOR WILLIAM D SESSOMS,JR.,At-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 O� M.BENJAMIN DAVENPORT,At Large ROBERT M DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne-District 7 � d. SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E. UNPIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER JAMES K.SPORE VIRGINIA BEACH, VIRGINIA 23456-900 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS E-MAIL:Clycncl@vbgov.conr CITY CLERK RUTH HODGES FRASER,MMC 17 November 2015 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL/SCHOOL BOARD JOINT BRIEFING - Building 19 - 3:00 PM A. FIVE YEAR FINANCIAL FORECAST Catheryn Whitesell, Director of Management Services Farrell Hanzaker, Chief Financial Officer/Schools II. CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. "EVENT HOMES" Bill M. Macali, Deputy City Attorney Karen Lasley, Zoning Administrator- Planning III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 11 VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Les Smith, Pastor Victory Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL/FORMAL SESSION November 3 SPECIAL FORMAL SESSION November 9 SPECIAL FORMAL SESSION November 10 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. "NATIONAL HOSPICE MONTH" Gentiva® Hospice Becki Sentell, RN, BSN, Hospice Clinical Liaison Jennifer Reese, Executive Director Iris Ibay, Area Director of Sales I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services b. Sections re Biennial License renewal for EMS 2. Resolution to AUTHORIZE an Amendment to the EMS Permit re private ambulance service by Reliance Medical Transport, LLC effective June 30, 2016 3. Resolution to SUPPORT Legislation for Virginia's participation in the Regional Greenhouse Gas Initiative 4. Resolution to AMEND the City/School Revenue Sharing Formula Policy and the Amendment be used in the FY 2016-2017 Operating Budget II 5. Resolution to AUTHORIZE the updated GAP Financing Program Policy for evaluation of tourism projects 6. Ordinance to AUTHORIZE the City Manager to PURCHASE oyster leases for Lynnhaven River Basin Ecosystem Restoration Project by Voluntary Agreement 7. Ordinance to APPROPRIATE $460,000 to the Clerk of the Circuit Court for technology needs 8. Resolution to APPOINT Brad C. Hudgins as Assistant City Attorney, effective November 22, 2015. 9. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Treasure Canal, 2305 Spindrift Road, re bulkhead, wharf and boatlift DISTRICT 5 —LYNNHAVEN J. PLANNING 1. JAMES O. HERTZ, JR., for a Subdivision Variance for property to the East side of Muddy Creek Road,North of the intersection with Drum Point Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. JOHN & RANDI VOGEL / HUNT CLUB FARM and A-1A, LLC / A-2, LLC, for Modification of Condition No. 2 re an outdoor recreation (approved December 2, 2014) at 2356, 2388, 2412, 2416 and 2427 London Bridge Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. PRICE HOLDINGS, LLC, for a Conditional Use Permit and change in a Non-Conforming Use_ re auto repair/sales at 5059 Cleveland Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. ONPOINT SECURITY ACADEMY, LLC and MADIX ASSOCIATES, LLC, for a Conditional Use Permit re a vocational school at 4604 Westgrove Court DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. JIM GOLDEN, MELISSA TEXTOR and MARINA SHORES REPAIR CORP., for Conditional Use Permits re truck/trailer rentals, bulk storage yard and open air market at 2865 Lynnhaven Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 6. SECOND SHOT, LLC and ALBERT VINCIGUERRA, for a Conditional Use Permit re a tattoo parlor at 5759 Princess Anne Road DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 7. LUXURY AUTO RENTALS & SALES, LLC and MALIBU FLORIDA HOLDING, INC., for a Conditional Use Permit re auto sales/repair at 3783 Bonney Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 8. JUMP TRAMPOLINE PARK and GENERAL GROWTH PROPERTIES, for a Conditional Use Permit re indoor recreation at 701 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 9. PRINCESS ANNE MEADOWS, LLC and FIVE MILE STRETCH ASSOCIATES, LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER), LOLITA C. ARLAR and E.S.G. ENTERPRISES, INC., for a Conditional Change of Zoning from AG-1 and AG-2 to Conditional R-10 Residential at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential. subdivision DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 10. M & K INVESTMENTS I, LLC, for a Conditional Change of Zoning from B-2 and B-1 Business and R-7.5 Residential to B-2 Community Business at 1081 and 1091 Norfolk Avenue to allow the lease of space in a commercial center DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 11. CITY OF VIRGINIA BEACH: a. Ordinance to AMEND the Zoning Ordinance to ESTABLISH the North End Overlay and set forth special regulations for the District b. Ordinance to AMEND the official Zoning Map to ADD the North End Overlay District DISTRICT 6—BEACH RECOMMENDATION: APPROVAL �I. • K. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL COMMUNITY SERVICES BOARD—CSB HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 11/17/15 jb 2015 CITY COUNCIL MEETINGS November 24, 2015 Workshop December 1, 2015 Informal/Formal Sessions December 8, 2015 Informal/Formal Sessions 2015 CITY HOLIDAYS Thursday,November 26 Thanksgiving Day Friday, November 27 Day After Thanksgiving Thursday, December 24 Christmas Eve (half-day) Friday,December 25 Christmas Day CITY COUNCIL WINTER RETREAT Economic Development Conference Room 4525 Main Street, Suite 700, Town Center February 4-5, 2016 8:30 AM to 5:00 PM II -1- r„ lA BFyC4t 1: k _ '-) �sxsa C'f E Zr..Dr DVR,,,, ,,,, VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 17, 2015 Mayor William D. Sessoms, Jr., called to order the JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING, in Building 19, Tuesday, November 17, 2015, at 3:00 P.M. Council Members Present: M Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None School Board Members Present: Vice-Chair Beverly M Anderson, Chairman Daniel D. "Dan" Edwards, Sharon R. Felton, Dorothy M "Dottie" Holtz, Joel A. McDonald, Ashley K McLeod, Kimberly A. Melnyk, Carolyn T. Rye, Elizabeth E. Taylor, Leonard C. Tengco and Carolyn D. Weems School Board Members Absent: None November 17, 2015 -2- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 3:00 P.M. Mayor Sessoms welcomed Catheryn Whitesell, Director —Management Services and Farrell Hanzaker, Chief Financial Officer—Schools. Mr. Hanzaker expressed his appreciation to City Council and School Board Members for their continued support and advised he would be discussing the Economy portion of the Briefing: What the Economists Say & What it Means to VB The State of the Region Report indicates the economy is getting better with real GRP expected to increase by 1.27%. This is lagging behind the rest of the State (1.56%), slower than the Nation (2.39%) and, unfortunately, we can expect more of the same: Getting ® . , Slowly! ! ! ! November 17, 2015 II -3- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Below are other Virginia Municipal Service Centers. As indicated, Hampton Roads is not recovering as quickly as others: Post-Recession Real GRP Growth 2.36 2.35 a 1.40 1.15 1.06 1.00 PI 0.31 0.28 0.14 -0.18 -0.50 Q > 7 Q Y Q Q Q `O > 3 O > O O Z > 3 > > -0 Ol Q m 'O 01 Q O Q 0t d O a1 > > Z> D j N p p a Q C> E <,v.> U 3 o D< C U n> m u a 3 u c 3> '-7] a U o m.� 1-6 O C t c c a x 2 , a U 3 a s o E a j o v rn 3 V Y 3 Q >Z Source Bureau of Economic Analysis and Old Dominion Economists Real Estate is the City's largest Revenue source: l; Housing Recovery November 17, 2015 -4- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Regionally, the number of new construction homes sold is up 18%after declining 54%from 2002-2010: Number of Existing and New Construction Homes Sold Year E stingy Homes Sold N Construction Percent New Homes es S.. Construction 2002 19 869 4.969 20.0 2003 21.421 4.757 2004 23.548 4.587 16.3% 2005 24.755 4.379 15.0% 2006 22.405 4.327 16.2% 2007 19.154 3.912 17 0% 2008 15.046 3.178 17.4% 2009 15.851 2,673 14.4% 2010 14.703 2.265 13.4% 2011 15.818 2.366 13.0% 2012 16.856 2.664 13.6`4,, li 2013 18.791 2.878 13.3% 2014 18.700 2.485 11.7% 2015' 15,733 2,156 12.1% "Short Sales" and "Bank-Owned Sales" has declined from 25% to roughly 15% of all sales. As this number continues to decline, the home values will rise and so will revenues. In 2010, we saw the highest number of"distressed homes"at 3,224. In September 2015, the number was down to 1,592: Number of Active Listing of Distressed Homes (REO & Short Sales) Hampton Roads:June 2008 to September 2015 September 2015:1,592 Peak:3,224(November 2010) November 17, 2015 II -5- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Below is the change in Assessed Value of Real Estate. In 2015, residential was 1.9% and commercial 1.8%. In 2016, commercial is projected to increase to 3.9%: Change in Assessed Value of Real Estate H Residential Commercial Total 25 m 20 m 0 15" c i Procted U 1o' a t o i 1: �� _� cy - I N -0 :2H 0 (N c� N N �i N N N N N �, N N N N N N N r N N 10Fiscal Year Source Real Es ate Assessor's Office Consumer confidence continues to improve: Consumer Confidence November 17, 2015 II -6- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) The Consumer Confidence Index continues hovering around 90, indicating a stable economy. Real disposable income and household spending is up. Consumer Confidence Index 140 0 120.0 100.0 _— — 90 80.0 t5 60.0 40.0 50 20.0 0.0 Q') O 06 CI Co' O� ,y0 �O 1ti vti `yr 'y`L ti3 ti ,1'a 'y" ep Month and Year Low inflation for the last few years Consumer Price Index 6.0°0 s.4% 5.0` 4.0% 3.8%_ 3.0% 2.17. 2.0`0 1.0 0.0% 0.2% -1.0% -2.0% CV Cr) v CD CD O co O- - N C,) v L n -- O- O 0- 00000000 ,- -- 0 CV 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N ENO N N N N N N N N N N N N CV N EC', N N Source:U.S.Bureau of Labor S'atistics November 17, 2015 -7- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) The slide below,provided by the Federal Reserve, indicates household net worth continues to rise: Household Net Worth 700 700 .t of 650 650 71^r 600 600 11\ 550 580 1990 "992 1994 1996 1998 2000 2002 2004 2006 2008 2010 20'2 2014 2016 Annual Disposable Income, defined as "household income" after income taxes, has seen yearly increases, except in 2009 during the worst of the Recession: Disposable Personal Income & Expenditures 6 6 12 Month percentage change 5- 4 Real Disposable Personal 4 inecme .• 3 -3 2- 1 - 1 0 0 • '; -1 - 1 2 --1 Month over Month%Change -2- June July August hcome 0.2 0.4 0.3 Expenditures 0.1 03 OA -4 4 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Note,Real disposable personal Income was adjusted to remove tax-induced income shifting near end of 2012 November 17, 2015 -8- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) The Median Household Income continues to increase: Median Household Income $75,000 $70,000 $68,816 $65,776 $65,000 N $61,626 !:; 0,000 $592985,000 x $50,000 [ 1 $45,000 i $40,000 - -. 2006 2007 2008 2009 2010 2011 2012 2013 2014 YEARS ■Virginia Beach United States The Federal Government's Budget increased spending in both Defense and Non-Defense. However, even with the increase, the Region will be 3.2%lower in Department of Defense spending than in 2012. The Debt Ceiling was raised until 2017: (s.) Defense tores oc. P November 17, 2015 -9- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) There has been a two (2)year "patch"attributed to Sequestration based on defense spending: Caps on Defense Spending 0 5 C C-0 550 \ 50n 450 F'12 FY13 F''14 FY15 Filo FY17 FIlE FY19 FY20 F121 —SCA 2011 'rcit:n BBA 2013 SA 2015 ioiecatiflg Project The Gross Regional Product continues to decline: Hampton Roads Gross Regional Product Attributable to DOD Spending 1984-2015 50°/0 48 87c 44 9,,- 1 I I 40 3% I I 40% I — II — I I I I II I 111 30% I 11 r I I I II I I 1, I 20% n 10% I I I H I [ I I II I I 004 November 17, 2015 -10- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) The Region has made up 18,000 of the 40,000 jobs lost; however, most of the restored jobs are at a much lower wage. It will take an additional seven (7)years to restore all of the jobs lost during the Recession: • • • imp • Employment The unemployment rate continues to decline and, is currently at 5.1%; Unemployment Rate 11 11 10.5 -10.55 10 -10 9.5 -95'. 9 -9 8.5 -8.5 8 '8 7 5 -7.5 7 -7 6.5 -65 6 6 5.5 •5.5 5 -5 4.5 2008 2009 2010 2011 2012 20132014 2015 2016 2017 2016 2019 2020 Source:Federal Reserve.Richmond VA,Bureau of Labor Statistics&Board of Governors via Haver Analytics November 17, 2015 i 1 -11- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) The unemployment rate for the City is lower than the national average but higher than the Commonwealth: Unemployment Rate Virginia Beach Virginia =U.S. 12.0 10.0 --_ \ 8 Z it 6.0 4.0 2.0 0.0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 YEAR Source.U.S.Bureau of Labor&Statistics Ms. Whitesell advised she will review the major local revenues shared by the City and School's through the Revenue Sharing Formula, as well as the major drivers of expenditures for both the City and Schools. Finally, she will provide the Base Forecast and three (3) scenarios which adjust basic assumptions embedded in the Forecast: 41 w Revenues November 17, 2015 -12- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Below are the key assumptions, based solely on trends: Revenue Projections Key Assumptions No change in tax rates No use of fund balance Regional Economists indicate a slowly improving regional economy Given Federal Budget, funding for schools and city services will be minimally impacted As depicted in the Average Revenue Growth Rates by the Decade graph, the City and Schools revenue drastically declined in the past two decades. There has been a long term trend of declining growth in the revenues needed to support general government and school services. The decline is due to Federal and State partners reducing local funding support, maturation of the City's housing stock, slower population growth and declines in student enrollment: Average Revenue Growth Rates by Decade 16.0% 14.0% 13.8% 12.0% 10.0' 9.4' 8.0% 6.0% 4.8% 4.0% _....i 2.0% • 0.0% °....._. 80-90 90-00 00-10 10-14 15-20 2.0% November 17, 2015 -13- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Based on the Real Estate Assessments increase of 2.5% growth each year, the revenue in the General Fund, resulted in $9.7-Million in additional Revenue for City and School services in FY2017: Real Estate Tax Revenue Budget —Actual Projection $580 $560 $540 Each 10 increase=$5.2 million $520 E$500 $480 $460 $440 $420 $400 $380 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 General Fund only Personal Property Tax is the second largest tax revenue and most difficult to predict. This revenue source is comprised predominately of taxes on vehicles. In FY17 the projection is $3.8-Million increase based on trend and input from the Commissioner of Revenue's Office: Vehicles 9f (PPTRA) Vehicles Public Service ' s ate A Business Equipment 'Uam Other Personal Property Tax Budget —Ac alai ani=cn rr Each 10¢increase on the vehicle portion of the personal property tax=$3.6 million Fiscal Year November 17, 2015 -14- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Restaurant meals generate$38.7-Million to support City and School programs in the current Fiscal year. Restaurant meals continued to see growth during the Recession and beyond. For FY17, this tax will generate an additional$2.6-Million: Restaurant Meals Budget -+Actual Projection $55 — $45 $40 $35 _ $30 $20 510 Each 1%rate increase=$7 million 55 $0 2012 2013 2014 2015 2016 2017 20.15 2019 2020 2021 Fisca!Yca General Fund only Below are the two parts of the Sales Tax that is returned to the City. The General Sales is based on 1% of the total State rate of 6% and is shared by the City and Schools in accordance with the Revenue Sharing Formula. The State Share Sales Tax is a revenue to the Schools and computed by the State as 1.125% going to the Department of Education and then distributed to localities based on a per pupil calculation: Sales Taxes General Sales Tax Budget -+-Actual Pro�ccuor. State Shared Sales Tax Buaget tActual - Projected November 17, 2015 -15- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) The Base Revenue Forecast increases from the current$1.394-Bllion in FY 2016 to $1.415-Billion in FY 2017: Base Revenue* Forecast $1,700 $1,650 $1,600 $1,550 $1,485 $1 00 �, *' $1,513 $1,437 $1,450 $1,394 a .r $1.458 $1,400 $1,415 $1,350 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 Fiscal Years - Net of School Transfer It is important to note the Revenue Sharing Formula is providing a growing level of funding to the Schools. In fact, the funding received, based on the Formula, is a larger percentage than total State Revenues the School receives. It does appear the State will be providing additional funding to education primarily in early childhood education, such as full day kindergarten; however, the City was notified the Composite Index will be dropping. This could result in additional State Revenues, with or without additional educational funding Statewide. School Revenues 2021 .1 ` r . Ekk :,k1 455 2019 .= 2017 �. i n $0 $100 $200 $300 $400 $500 Millions .`=State Funding ra City Funding November 17, 2015 -16- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) YF Expenditures The Expenditures needed to support programs and services for the City and Schools over the next five (5) years are projected to increase by 2.46%for the Schools and 3.65%for the City. Below are the key assumptions made for expenditure growth: Expenditure Projections Key Assumptions No pay increases 5% increase in health insurance contribution VRS contribution increase Operating costs increase by inflation Debt service based on Charter Debt capacity November 17, 2015 -17- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) In projecting expenditures, the City must consider the demand for City and School services which has steadily increased since 2000. In fact, the demand for municipal services has increase about 77%above population growth since 2000: Demand for Services If demand was consistent, all bars would be flat at the 2000 level of 100 190 180 170 160 150 140 b 130 -, I — 120 t ` 110 r ! � �r 100 1 7 Yrs 'I 0 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 Fiscal Years Rising costs related to personnel is the single largest driver of expenditures for both the City and Schools: Salary and Fringe Benefits City E School $700 - $600 ---- .15 • 8 $622_ $625 629 $500 $400 $300 $200 $386 -$390 $395 $399 $403 $100 $o - FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 Fiscal Years November 17, 2015 -18- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Health insurance costs are anticipated to continue to rise over the Forecast period. The overall medical trend is running approximately 8%; however, the employer's contribution is increasing by 5%each year. And, in turn, this will necessitate the employee's premiums increase greater than 5%. The Benefits Executive Committee continues to look for ways to manage costs. VRS contributions are also projected to increase as illustrated: City and School Employer Contribution to Health and Pension $140 Projected $120 $100 $80 $60 $40 $20 $- 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Fiscal Years "" -.. .... —VRS Health Insurance The Operating Costs for the City and Schools is projected to increase by 2%, staying in line with inflation: City and School Operating Costs* City School $500 $400 $300 $291 $298 $304 $314 $324 .2 $200 $100 I155I$154. 13152 1155... 1155 $ FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 Fiscal Years *Nef of School Transfer from the General Fund November 17, 2015 -19- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Fuel costs for both the City and Schools comprise a major Operating Cost. National economists expect the price for a barrel of oil to remain under$50 into next year. The City currently pays $1.50 per gallon for gasoline and expects to maintain that rate roughly through the next fiscal year: Average Price Per Gallon (Blended rate for gasoline and diesel) 4 3.58 3.68 3.58 3.44 3.5 -3.30 3.06 3.05 2 97 T. 3 2842.84 0 2.67 2.6 2.5 2.41 2.24 2.0 2.0 2 2.08 1.5 2007 2008 2009 2010 2011 2012 2013 2014 2015 Calendar Years -o-City National Debt Service, essentially the City's mortgage payments, is illustrated below for both the City and Schools. The City's Debt Service is projected to increase based on fully utilizing the existing capacity for Charter Bonds to construct roadways, bridges and buildings, equating to roughly $42-Million each year. This chart does NOT include the debt service on major projects or on utility infrastructure as those are paid through dedicated funding in other funds. The School's Debt Service is projected to decline over the forecast period as older debt is either paid off or refinanced: Debt Service $70 $58 $62 $66 $66 $60$50 $45 $45 $48 $45 $48 $50 $54 o$40 $44 $45 $45 $43 $46 $45 $46 $45 $43 $44 $42 $30 $20 $10 $0 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Fiscal Years City —Schools November 17, 2015 -20- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) The combined Expenditures for the City and Schools are projected to increase in FY 2017 by 3.7%and then level off over the Forecast period to roughly 1% increase each year. It is important to note, the projection is possible primarily due to the assumption of no pay increases: Base Expenditure* Forecast $1,700 $1,650 $1,600 o$1,550 $1,496 $1,500 $1,460 m«e<..,W<`g m e $1,513 $1,450q,4m — $1,394. $1,446 $1,474 $1.400 4 $1,350 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 Fiscal Years Nei of School Transfer The City and School System are among the low cost provider of government services based on the State's Auditor of Public Accounts for 2014: Per Capita Expenditure Comparisons City 13 Schools 4.00 3.503.13 3.28 3.29 3.39 3.28 3.00 22.50 -- –. 0 2.00 .66 189 1.43 1.61 1.56 1.50G _ 1.00 1 4144! 0.50 u 0.00 Virginia Chesapeake Norfolk Portsmouth Suffolk Beach Source:State Auditor of Public Accounts.Comparison o`Localities November 17, 2015 -21- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Putting it all Together Both the City and Schools are projecting a deficit in FY 2017; specifically, the City at$15.1-Million and the Schools at $16.2-Million. Unlike the City, which remains in a deficit position through the Forecast period, Schools is projecting a positive position beginning in FY 2019 continuing forward through 2021. This is, in large, due partly to declining Debt Service and the assumption of no pay increase: Schools Base Forecast City Base Forecast November 17, 2015 -22- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) By combining the Base Forecast for both the City and Schools to test three (3) key assumptions: the growth in total revenues; what if it was worse than projected/what if it was better/and, no additional pay increases. In order to test these assumptions, a Base Forecast is necessary: Base Forecast 'Base Expenditures -+ Base Revenues $1,700 $1,650 - $1,600 Projected deficit for FY 2017 is$31.3 million o $1,550 $1,500 > ' $1,450 `41 ®`,...'''c $1,400 �- $1,350 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 Fiscal Years Both Revenues and Expenditures are net of School Transfer The information below shows the five (5) worst years in revenue growth, which obviously was due to the most recent Recession; however, Economist do not project a Recession of this magnitude in the next five (5)years. Should revenues remain flat as projected for FY 2016, the City would lose $21.6-Million in the first year and nearly $120-Million in FY 2021. Should this happen, it will be difficult to sustain current City and School services: Flat Revenue Growth $1,700 $1,650 Flat Revenue growth would increase the deficit by$21.6 million $1,600 1100 to$53.1 million $1,550 0 $1,500 $1,450 •,..»+°'`` $1,400 ' `• $1.350 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 Fiscal Years Base Expenditures •.•Base Revenues -0-Flat Revenues Both Revenues and Expenditures are net of Schoo!Transfer November 17, 2015 -23- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) Should revenues be 2% better than expected, the deficit would be virtually eliminated within the first year: Higher Revenue Growth $1.700 $1,650 At a growth of 3.5%in $1,600 revenue the deficit would essentially be eliminated o $1,550 $1,500 .,•d .• $1,450 -,„•. $1,400 `„• . $1,350 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 Fiscal Year Base Expenditures ••*Base Revenues —8—High Revenues Both Revenues and Expenditures are net of School Transfer The final test of assumptions is there would be no pay increase after the final 1% adjustment for VRS offset. Should the City provide an additional 1.66% increase for each of the five (5)years, so 3%in FY 2017 and 1.66% after that, the deficit increases by $15-Million in the first year and $29-Million in FY 2021. The 3%in FY 2017 mirrors previous increases prior to the 4%provided in the current Fiscal Year and which the City Council felt may not be sustainable going forward. The 1.66%offsets the majority of anticipated inflation but does not offset rising health care increases: Expenditures with Pay Increase $1,700 - A 1.66%pay increase each $1,650 year would cost an additional $15 million in FY 17 and would $1,600increase the deficit to$46.3 1. million a $1,550 $1,500 ,s°,"-"'''''***r $1,450 er• $1,400 � g.A.«• $1,350 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 Fiscal Year 1.66%Pay Increase 'Base Expenditures • 'Base Revenues Both Revenues and Expenditures are net of School Transfer November 17, 2015 -24- JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING FIVE YEAR FORECAST ITEM#65392 (Continued) City and School staff will identify opportunities and efficiencies in an attempt to control costs. Staff has managed through greater deficits; and, the good news is the economy is getting better: Conclusion Budget will be balanced when presented to the City Council and School Board We have managed through greater deficits during the recession The economy is getting better...slowly Mayor Sessoms expressed his appreciation to Mr. Hanzaker and Ms. Whitesell for their continued work. This portion of the meeting adjourned at 3:45 P.M. November 17, 2015 -25- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 17, 2015 Mayor William D. Sessoms, Jr., called to order the City Manager's Briefings in the City Council Conference Room, Tuesday, November 17, 2015, at 4:00 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, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None November 17, 2015 -26- MAYOR'S STATEMENT Mayor Sessoms announced the retirement of Kathleen Hassen, effective December I S`. Mayor Sessoms expressed his well wishes for Ms. Hassen as well as his gratitude for the great work she provided to the City for the past thirty-nine (39)years. November 17, 2015 -27- CITYMANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 4:00P.M. Mayor Sessoms welcomed Bill Macali, Deputy City Attorney and Karen Lasley, Zoning Administrator. Ms. Lasley expressed her appreciation to City Council for their continued support. Ms. Lasley advised she would be discussing the evolution of Event Hoines and Mr. Macali will be discussing some potential solutions to this ever increasing issue. Today's Briefing is an overview of the issue and advised City Council received a packet "Event Homes —Research Summary" that provides much more detail and, as such, is made a part of this record: ,_ i----. wig - 111,„ ---;-= . 0 1111.11re,' - -..-:.-2 itiltP4 .-ki i ,/ ,',,.41,Lii,..14:.=.---mi.Rol ..it wIsm,„„., mmullillir e._____, , _ ., i„..- iim,„,orof, ..!: 1•1-----1--`" -----: 7,0, .0- *''''' Event Houses g- A City Council Briefing November 17, 2015 )1-1,-, '''1'1±,j,.* d • The City has Oceanfront and Bayfront neighborhoods such as Shore Drive, North End, Croatan and Sandbridge which were platted in the 1950's and prior to the adoption of Zoning Regulations in the City: tea RetCic N ad��fi u!I'.:I atl .c —` � a5 7 o Residential lotsning platted in the early 1950's r prio :,..: ' ,',I4 r to zoregulations o Currently these neighborhoods are,zoned various Residential Districts .. November 17, 2015 Event Homes - Research Summary OUTER BANKS, NC ➢ It appears there is no legislation in place to regulate event homes. However, as recent as September of this year the Currituck County Commissioners discussed a proposed zoning ordinance amendment to address event homes. The Planning Board recommended for the amendment to be denied. Some of the key revisions required homes over 5,000 square feet that have two events per year to comply with commercial regulations. ➢ The amendment also defined "visitor accommodations" as tenancy less than 30 days. PALM SPRINGS, FL ➢ A permit is required for event homes. Applications are subject to the City Manager's approval who may add or waive conditions as deemed appropriate ➢ Materials required with an application include a written description of the event, letter to be mailed to neighbors within 300 feet, proof of$1 million general liability insurance naming City as co-insured, parking management plan, contract for parking services (shuttles), event layout on a site plan and an interior floor plan. INDIAN RIVER COUNTY, FL ➢ Bans commercial events at rented homes. The County has an ordinance that prohibits commercial events such as weddings, birthdays, reunions, retreats or seminars at homes specifically rented for the occasion. ➢ Commercial events may only be held at a residence that is agriculturally zoned and the site has to be 4 acres or greater. A temporary use permit must be obtained and the property owner must be on the premises during the event. CAPE MAY, NJ ➢ The ordinance defines an event house as a dwelling that is used, maintained and/or advertised as a destination for a gathering of guests who are not living at the building. If there are more than 30 people in the structure, it is considered an event house. ➢ The licensing fee is $300 a year. Event homes are subject to inspections. People who occupy a home for more than 90 days a year are able to hold events without a license. ➢ Under the ordinance, the number of people inside an event home should not be more than the lesser of 50 or the maximum occupancy limit for inside events and 125 for outside events. ➢ Event house functions are not permitted between July 1 and Labor Day. _ver County bans commercial events at rented homes Page 1 of 4 SECTIONS Search... P TCPALM 0 82° t SUBSCRIPTION F C 1 CLICK HERE to see how you can soar above the Upper average. Li PROPERTY HOME»NEWS»SHAPING OUR FUTURE»PROPERTY VALUES VALUES See hew your hill Indian River County bans commercial events at chane>reci ln rented homes the r�`�� s iv" • L S rIioft i YfY 4 R=Y" t#4r,'3t.lhis }ht. c.uA-i.l.! I PIK FILE PHOTO-This rental property,owned by former Vero Beach city councilwoman Tracy Carroll and her husband John,spurred debate in the city about possible restrictions on shortMORE SHAPING OUR term vacation rentals in residential neighborhoods. FUTURE By Colleen Wixon of the TCPaIm Posted:Sept.23,2015 Much of electric rates lawsuit dismissed SHARE INDIAN RIVER COUNTY—Weddings at beach houses rented just for the event are now against the law in Indian River County. St.Lucie Crescent house razed Photos County commissioners unanimously approved an ordinance $+ Tuesday prohibiting commercial events such as weddings, Ideas wanted for old post office birthdays,reunions,retreats or seminars at homes specifically building rented for the occasion,citing neighbor complaints about loud plana 'shot in the arm'for parties late into the night and streets clogged by parked cars. Fellsmere http://www.tcpalm.com/news/shaping-our-future/property-values/indian-river-county-ban... 11/13/2015 I II Indian River County bans commercial events at rented homes a, Renters still can have parties at their homes.The ordinance looks Brightline's new trains are,well, at the large commercial events bringing in caterers,disc jockeys bright AA and florists for a short-term rental. oNOW TRENDING The ordinance is one of the few options the county has in controlling vacation rentals or residences rented out for less than Ginny Beagan:Best things to 30 days.A 2011 state law prohibits local governments from do this weekend I Nov.13-15 TOP setting a minimum length of stay for renters.Vero Beach is exempt from the state law because it previously had a law Vero woman takes stand in regulating short-term rentals. police brutality trial Indian River still is considering another ordinance limiting the Homicide suspected after body number of cars allowed at a vacation rental.Tuesday's public found in burned Port St.Lucie hearing on the parking ordinance was postponed to Oct.6 home I Video because potential speakers had to leave the meeting early to prepare for Yom Kippur. Anthony Westbury:The back story on the departure of Fort While neighbors,who say they are kept awake when partygoers Pierce's city manager arrive at rented homes,applauded the commission's action, Judge dismisses most of Indian wedding professionals said the new law will reduce tourism and River Shores'complaints hurt local businesses.Vero Beach is becoming known as a against Vero Beach's electric "destination wedding"site,they said. system "I don't think you understand the ramifications,"said wedding planner Lara Fiorelli Andrews. ' i Commissioners said they didn't want to ruin anyone's wedding, Ashutiges w 00` but wanted to provide relief to residents.Those with prearranged bookings through the next year will be exempt,provided proof of bookings is shown to the CommunityDevelopment Department x x before Oct.31. AAA aok i Otherwise,violators face up to a$250 fine per day for first-time c1 4 �� violators and up to$500 per day for repeat offenders. Commissioners suggested they may want to revisit the fines in FLORIDA.. ATLANTIC UNIVER the future to ensure they are a deterrent to violators. • °if / Cita Also exempt from the law are events hosted by or provided free �' to friends and family by the homeowner. ?- • While short-term rentals haven't been as big an issue in the county as they have been in Vero Beach,county officials have said the biggest complaints are over homes rented out for major - events such as weddings and parties,and the resulting parking _ y _ congestion. http://www.tcpalm.com/news/shaping-our-future/property-values/indian-river-county-ban... 11/13/2015 '11 11 —ver County bans commercial events at rented homes Page 3 of 4 North Beach Civic Association President Tuck Ferrell pointed to a wedding party on State Road AlA that lasted until 3:30 a.m.as a reason for the ordinance. "It was very noisy. People couldn't sleep,"he said. l'if._. About Colleen Wixon t* Colleen Wixon is a multimedia journalist covering issues affecting Indian River County for the Shaping Our Future team.She has been with Treasure Coast Newspapers since 1995.Find her on Twitter @TCPalmWixon. If @TCPalmWixon u colleen.wixon@tcpalm.com J 772-978-2235 Promoted Stories t Y. Tough Tailbacks: Ever look yourself What Two Lions Why A Mile Per The Best Running up?This new site Did Left These Dollar Isn't Good PointAfter Instant Checkmate Fuzzfix LendingTree Recommended by i .` ''r it News Sports Business Opinion Entertainment Lifestyle Connect With Us + Useful Links I About Us FacebookContact Us I I Submit Your Stuff ' Twitter Legal Notices Legal Info Instagram Advertise with Us YouTube Print Ads Jobs at TCP Newsletters Newspaper Archive We Sponsor the Treasure Coast Mobile Apps iPhone&iPad Kindle Android ©2015 TC Palm PRIVACY POLICY/YOUR CALIFORNIA PRIVACY RIGHTS Terms of Use http://www.tcpalm.com/news/shaping-our-future/property-values/indian-river-county-ban... 11/13/2015 „r 22, 2015 Legislative Briefing - Outer Banks Association of REALTORS Page 1 of 7 The Voice of Real Estate on the Outer Banks de OUT'EBANKS 4REALTOkS°' • Home • About Us • Dispute Resolution • Advocacy • Education&Events • Member Benefits • Affiliates • Property Management • Join OBAR Home September 22, 2015 Legislative Briefing September 22, 2015 Legislative Briefing Christopher Nave 09-23-2015 Currituck Commissioners Discuss "Event”Homes The Planning Board met last week and recommended denial of a zoning ordinance amendment to require homes over 5,000 sq. ft. that have two events per year to comply with commercial regulations. Those in supporting the amendment mentioned fire safety,public welfare,parking, wastewater and groundwater impacts as justification for the change. Planning Board members expressed concerns about the impact on existing residential structures and creating so many non-conforming structures. On Monday,the Currituck Board of Commissioners held a workshop to discuss the development of very large residential structures in the Currituck Outer Banks area—both in the 4WD area and in Corolla. Planning Director Ben Woody presented Commissioners with many statistics and a timeline of recent events centering on large structures. Ben provided further background on the issue: the 2006 Land Use Plan includes two policies that support limiting the size of and impacts of large residential structures; in 2010 staff proposed addressing the impacts of large houses by creating a new use classification and standards; and,just recently the NC Building Code Council issued an order hap://outerbanksrealtors.comlseptember-22-20 15-legislative-briefing! 11/13/2015 I I September 22, 2015 Legislative Briefing - Outer Banks Association of REALTORS r regarding the occupancy of a larger residential structure and plan to form a committee to study the issue of large vacation rental homes. He also presented a definition for"single family" structures and "visitor accommodation" (tenancy less than 30 days). Woody shared that 247 building permits have been issued in the last 10 years for home over 5,000 sq. ft with almost 90%(220) of those built under 9,999 sq. ft. Twenty-one have been built between 10,000 and 14,000 sq. ft.; two between 15,000 and 19,999 sq. ft.; and four over 20,000 sq. ft. Commissioners Griggs and Aydlett pushed for something to be done about the impact these large structures were having on adjacent neighbors and on the community as a whole. Woody stressed that the "problem"needs to be clearly identified before changes are considered. The ownership of large structures was discussed and Attorney Ike McRee clarified that you cannot regulate by ownership; ownership of a structure can change as well as whether or not it is a primary residence or vacation rental home. Commissioner O'Neal expressed concerns about and stated that"any government better tread lightly if we classify those homes as businesses". County Manager Dan Scanlon proposed working with a group of stakeholders on the issue and looking at solutions that have worked in other places. The Corolla Civic Association is going to be working with the County to develop a list of stakeholders and schedule a meeting. OBHBA/OBAR Government Affairs Liaison Willo Kelly expressed concerns about re-classifying residential structures to commercial. She shared with the Board that everything from construction regulations and costs, financing, insurance, insurance claims, ADA requirements, pool and spa inspections, etc. would be affected. Currituck County Board of Commissioners will conduct a public hearing at the Historic Currituck County Courthouse on October 19, 2015 at 5:00 p.m. and possibly take action on Zoning Workshop for Rodanthe, Waves and Salvo The Dare County Planning Board will hold a zoning workshop for the villages of Rodanthe, Waves and Salvo THIS Thursday, September 24th from 6 to 8 p.m. at the Rodanthe Community Building located at 23186 Myrna Peters Road. Residents and property owners of the villages are encouraged to attend. The villages of Rodanthe, Waves and Salvo are currently zoned S-1, a minimal zoning district that permits all uses. The Dare County Board of Commissioners requested the Planning Department develop use-specific zoning regulations for the Rodanthe, Waves and Salvo villages. A draft map and associated regulations will be presented to the community at the meeting. This information will be posted on Dare County Planning Department website at www.darenc.com following the workshop for those unable to attend.No official recommendations will be made by the Planning Board to the Board of Commissioners until after a second workshop is scheduled in October to receive public comment on the draft proposal. Voter Forums — Mark Your Calendars The Dare County League of Women Voters has scheduled Voter Forums in the following towns: DUCK—October 5th, 6 pm, Duck Town Hall KILL DEVIL HILLS—October 5th, 7PM, Kill Devil Hills Town Hall KITTY HAWK—October 7th, 7 pm,Kitty Hawk Town Hall http://outerbanksrealtors.com/september-22-2015-legislative-briefing/ 11/13/2015 vy �` 1'4 0� 1i =0`J.14 COM DEPARTMENT OF PLANNING MUNICIPAL CENTER ZONING ADMINISTRATION DIVISION BUILDING 2-ROOM 100 (757)385-8074 2405 COURTHOUSE DRIVE FAX(757)385-4649 VIRGINIA BEACH,VIRGINIA 23456-9039 TTY 711 October 26, 2011 Duane and Cheryl Baur 301 Kabler Road Virginia Beach, VA 23456 - Re: 301 Kabler Road Virginia Beach, VA To Whom It May Concern: City records indicate that you are the record owner of the above referenced property. There have been recent complaints about properties in the Sandbridge area that are being used for weddings on a regular basis, and the resultant congestion and parking problems. The homes in Sandbridge are all zoned for residential use only. Such residential use would allow three special events (weddings) per calendar year. If your residence has been used for more than three events during this calendar year, such use on a regular basis for weddings or other special events would be considered use as an assembly hall. In a residential district, assembly halls are not permitted as an allowed use. Please review your upcoming rental activities to verify that your property would not be considered an assembly hall. Again only three special events would be allowed per calendar year. If you have any questions, or require further assistance, please give me a call at 385-5067. Sincerely, Kevin Hershberger Zoning Inspector C: Siebert Realty File C:/file/kabler301.11 I ii I I City Zoning Ordinance Interpretation Topic: Large parties, gatherings and events held in dwelling units within a Residential District. Code Section: Article 5. Residential Districts. Interpretation: A maximum of three large parties/gatherings/events may be held in a dwelling unit per year where the dwelling is rented for such activities. More than three such events shall constitute an "assembly" use and require the appropriate Office or Business zoning and a conditional use permit. A large party, gathering or event is an activity that occurs in a 24 hour period where; 1) traffic is generated, including traffic by commercial vehicles, in greater volume than would normally be expected in a residential neighborhood and; 2) there is visible or audible evidence detectable from the outside of the building lot that an event is underway. Karen Lasley Zoning Administrator Date: Notes on Event Homes by Karen Lasley, Zoning Administrator Applicable definitions from Section 111 of the City Zoning Ordinance Dwelling, single-family. A building containing one(1)dwelling unit,entirely surrounded by a yard. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles,tents or other forms of temporary or portable h Lodging unit. Living quarters for a family which do not contain independent kitchen facilities; provided,however,that dwelling units which do not exceed one thousand two hundred(1,200)square feet and are not made available for occupancy on a lease or rental basis for periods of more than one(1)month shall be considered lodging units even though they contain independent kitchen facilities. Dwelling unit.A"dwelling unit"is a room or rooms connected together,constituting an independent housekeeping unit for a family and including permanent provisions for living,sleeping,eating,cooking and sanitation. Family. A"family"is: (a) An individual living alone in a dwelling unit;or (b) Any of the following groups of persons,living together and sharing living areas in a dwelling unit: (1)Two(2)or more persons related by blood,marriage,adoption,or approved foster care; (2)A group of not more than four(4)persons(including servants)who need not be related by blood,marriage,adoption or approved foster care; (3)A group of not more than eight(8)persons with mental illness,intellectual disability or developmental disabilities residing with one(1)or more resident or nonresident staff persons in a facility whose licensing authority is the Department of Behavioral Health and Developmental Services; provided,that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in section 54.1-3401 of the Code of Virginia; (4)A group of not more than eight(8)aged,infirm or disabled persons residing with one(1)or more resident counselors or other staff persons in a residential facility or assisted living facility for which the Virginia Department of Social Services is the licensing authority;or (5)A group of not more than two(2)adults,who need not be related by blood or marriage,and the dependent children of each of the two(2)adults, provided that the children are under nineteen(19)years of age or are physically or developmentally disabled. Assembly uses. Uses that involve the gathering of individuals or groups in one(1)location,such as arenas,assembly halls, auditoriums, bingo halls,civic centers,community centers,eleemosynary establishments,private clubs, union halls and excluding religious uses. Hotel.A building or group of attached or detached buildings containing dwelling or lodging units in which fifty(50) percent or more of the units are lodging units.A hotel shall include a lobby,clerk's desk or counter and facilities for registration and keeping of records relating to hotel guests.This term also includes motels. • There is no practical way for zoning to determine if occupants of a rental home are related or not, especially if they are only there for one week or less. • The Zoning Ordinance does not address the short term or long term rental of dwelling units. Traditionally, long term rental has occurred in all residential neighborhoods and short'term —weekly or nightly- rental has occurred in neighborhoods adjacent to the Atlantic Ocean and Chesapeake Bay. Short term rentals in resort residential neighborhoods have been a standard, accepted practice for many decades. • In Sandbridge, dwelling size and number of bedrooms increased significantly after sewer and water became available. • During the housing boom of the early to mid-2000s, very large oceanfront dwellings were constructed. When the housing markettcrashed in 2008, many of the property owners found themselves in a difficult financial position and began to actively market the large homes for events such as weddings, large family reunions, corporate meetings, large gatherings and parties. These large events caused parking and noise problems for other home owners in Sandbridge. • It is the long standing policy of the Zoning.Office that Jhree special events per year is a reasonable standard of what may take place on one property. We believe that holding more than three such events on one residential lot constitutes an assembly use which requires commercial zoning and a conditional use permit. It is reasonable to assume that atypical household may hold up to three large events per year such as a Christmas party, a summer wedding of a family member and a fall family reunion. • Zoning considers a special,event to be an activity that occurs in any 24 hour period where 1 traffic is generated, including traffic by commercial vehicles, in greater volume than would normally be expected in a residential neighborhood 2)there is visible or audible evidence detectable from the outside of the building lot that an event is underway. • Section 502(b) of the City Zoning Ordinance states that an accessory activity operated for profit in a residential dwelling can take place where the following criteria are met: (i) there is no change in the outside appearance of the building or • premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1)square foot in area mounted flat against the residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; (iii) the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling units is employed in the activity; (iv)such activity is conducted only in the principal structure on the lot; (v)there are no sales to the general public of products or merchandise from the home; and (iv) the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one time. (v) Notwithstanding the provisions of clauses (ii)and(vi) hereof, ministers, marriage commissioners and other persons authorized by law to perform the rites of marriage may permit a maximum of eight (8) persons on the premises at any one time in connection with the performance of such rites, provided that all other requirements of subdivision (b)(5)are met. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage or tattoo parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments. Renting out hothes in resort neighborhoods that are zoned for only residential use Is done in an attempt to make a profit I believe that the criteria (i) and (ii)above are especially applicable where homes are rented. Sandbridge Beach Civic League Virginia Beach, Virginia June 22,2015 Dear Honorable Mayor Sessoms and Members of City Council, As President of the Sandbridge Beach Civic League, I would like to inform you that the following motion was passed unanimously by the 43 members in attendance at our June 20,2015,annual meeting: The Sandbridge Beach Civic League, in keeping with its purpose of promoting the "betterment"of Sandbridge Beach as a "residential community'; requests assistance from the City staff and City Council to investigate houses being rented for events, which are not compatible with a residential community, to determine what may be done to alleviate this problem. The Sandbridge Beach Civic League (SBCL)was chartered in 1974.A purpose of the civic league under Article II,Section 5 of our bylaws is, "The SBCL shall cooperate with neighboring civic organizations to keep this section of Virginia Beach free from undesirable rezoning and to promote its betterment as a residential community." Furthermore,the City has zoned Sandbridge Beach residential.However,many people are building houses that are not residences but are being marketed for commercial events, which is not in keeping with this residential zoning.The civic league asks the City to help us restore the quality of life and the environment that lured many of us to call Sandbridge Beach home. We have begun discussions with Councilwoman Henley and Zoning Administrator Karen Lasley.We look forward to your support. esp-«. Ily, 011111110 J.. P•vis Pr= i ent cc:James Spore, City Manager Karen Lasley,Zoning Administrator // 2 44, Sandbridge is Special! EVENT HOUSES IN SANDBRIDGE BEACH PREMISE: 1. Sandbridge Beach was developed as a residential community per the City's residential zoning throughout the community, except for a limited amount of B-4 commercial zoning. 2. The Sandbridge Beach Civic League(SBCL)was chartered in 1974. A purpose of the civic league under Article II, Section 5 of our bylaws is, "The SBCL shall cooperate with neighboring civic organizations to keep this section of Virginia Beach free from undesirable rezoning and to promote its betterment as a residential community." (Emphasis added) 3. All houses built in Sandbridge Beach are built as residential houses on residentially zoned lots. 4. There are presently over 50 "event houses" in Sandbridge Beach, as defined by the realty companies, and more being built each year. 5. These"event houses"will sleep up to 40 and accommodate up to 100 people for an event per the realty companies'guidelines. 6. The rental companies require a $1200-$1500 non-refundable fee be paid for each event in these "event houses". Part of this fee is used to buy liability insurance for the renters, which is hardly in keeping with a residential house. 7. Because the City considers them "residential houses", they are required to have only a minimum of 2 parking spaces. None of these houses have the requisite number of parking spaces to handle up to 100 people. Most of the streets in Sandbridge do not have on street parking. 8. The realty companies advertise these "event houses" specifically for events. 9. While these "event houses"are the largest venues for parties, other smaller rental houses present the same problems when they are used for an event, whether approved or not by the realty companies. 10. One realty company"classifies any reservation as a Special Event if it exceeds the standard advertised occupancy limit." 11. While historically Sandbridge Beach has had weekly rentals in the summer and monthly rentals in the winter, 3 day rentals for events from September through May is a relatively new concept for our community. 12. The noise, illegal parking and trash from these events are problematic for the residents,who live near these houses. CONCLUSION: While these houses that sleep up to 40 people and accommodate up to 100 people for parties are being built on lots that are zoned residential in Sandbridge Beach, most reasonable people would agree that they are not residences but are functioning as "mini-hotels/assembly halls"without being required to obtain a re-zoning or a conditional use permit from the City. After speaking with the City Zoning administrator it appears this problem is unique to the community of Sandbridge Beach. Any house, no matter what size, that is rented for events is not compatible with a residential neighborhood. While these houses may affect only a few people, who live near them, the idea of these"event businesses" in a residential community should concern all residents. As the number of houses being used for events increase, more residents will be affected. ACTION: The Sandbridge Beach Civic League, in keeping with its purpose of promoting the "betterment" of Sandbridge Beach as a "residential community", requests assistance from the City staff and City Council to investigate houses being rented for events,which are not compatible with a residential community, to determine what may be done to alleviate this problem. # ' SanclbrIdge beach business Association June 22',2015 Mayor Sessoms City Council Members City of Virginia Beach Bldg. 1, Municipal Center Virginia Beach,VA. 23456 Re: Event Rental Homes—Sandbridge Beach Dear Mayor Sessoms and Members of City Council: We are aware that a small group of Sandbridge residents have expressed concerns over parking,trash and noise as it pertains to"event" rental homes that currently exist in the Sandbridge Beach community. To clarify,the term "event home"is a marketing effort that the Real Estate rental companies use to identify larger homes capable of holding an event such as a wedding or a large family gathering.With the start of the vacation season,these homes draw specific attention each year from residents concerned with the changing landscape of the Sandbridge Resort community. As you can see from the attached info sheet,Sandbridge Beach is comprised of approximately 1,698 home parcels and condominium units(excluding the Outdoor Resort RV resort)with approximately 839(49%)of these in the weekly rental pool.Our proximity to both the Atlantic Ocean and Back Bay National Wildlife Refuge, along with a short drive to the Virginia Beach Resort area makes us an ideal vacation destination for families. Currently,there are approximately 50 homes(6%of the rental inventory)identified as"event homes". Last year when the same concerns were raised by residents,we worked with Karen Lasley,Zoning Administrator, who drafted guidelines limiting the use of these larger homes to just 3 "events" per year with provisions for adequate parking, noise abatement and trash containment. In turn these guidelines were adopted by the Real Estate rental companies and the affected Property Owners. We acknowledge that with the arrival of over 10,000 visitors to Sandbridge each week,some inconvenience is inevitable. However,we stand committed to addressing the resident's concerns and look forward to working closely with City staff in seeking a resolution. Respectfully, Pat Barton President Attachment P.O. Box 56282 • Virginia Beach,Virginia 23456 • www.SBBA23456.com • sbba23456@gmail.com 5anclbriclge beach business Association SANDBRIDGE BEACH STATISTICS 2015 -Total Single Family Parcels 1,386 -Total homes in rental pool 610(44%) -Total Condominium Units 312 -Total Condo's in rental pool 229 (73%) -Total Value of Real Estate(FY 2016) $ 1.1 billion* (* Provided by VB Real Estate Assessors Office) P.O.Box 56282 • Virginia Beach,Virginia 23456 • www.SBBA23456.com • sbba23456@gmail.com II Sandbridge Realty Special Event Policies I Sandbridge Realty Wedding Policies I Sandbri... Page 1 of 3 �v_- ` 800.933.4800 �"''° `•v.,,. Sandbridge Beach,VA Vacations f 46! ailid itidnio , E,..1',,1 keropis (-I PSt InfC Area Ca.l ele `R 1 REALTYONJ 1 Redd Si21:= AhOUt US COlPlaCt Us Sandbridge Special Occasion Policies&Wedding Information -46. I. 1 IIri.i((I k((610ii41- iL _. li!I 11ti llLll ,(; Il L 11t. t1.11 (Guide)(Resources) DAMAGE DEPOSIT All Special Occasion Reservations require a$500.00 Damage Deposit and will be added to your contract.This covers the guests in the rented property for any damages to the furnishings and household items(up to$500).The guests are responsible to report to Sandbridge Realty upon arrival any damages found or any repairs required.The guests must report any damages in writing upon check-out.All properties are carefully inspected after each rental.If no malicious or negligent damages are reported and/or property is not left abnormally dirty resulting in excessive cleaning costs,you will be refunded the full amount of your deposit.You Damage Deposits will be processed for return 30 days after check-out date.*Note:The Accidental Damage Plan is not available for Special Occasion Reservations. SPECIAL OCCASION FEE All Special Occasion Reservations require a$1200.00(non-Refundable)Special Occasion Fee.This fee will be added to your reservation and must be paid in full with your first payment.Special Occasion Insurance is required for all special occasions and is provided as part of the$1200.00 Special Occasion Fee. SPECIAL OCCASION INSURANCE COVERAGE When you have your special occasion,ceremony or wedding reception,you do not want to be worrying about what might go wrong.This insurance coverage is designed to protect you and your guest,on this most important of days,against unforeseen incidents,such as a trip and fall injury to an attendee due to a trip hazard,or alcohol-related accidents,such as an intoxicated driver leaving the reception site.Sandbridge Realty,Inc.will purchase the Special Occasion Insurance on our behalf,and will keep the information on file along your Special Occasion Application. The Special Occasion Insurance policy includes: • $3,000,000-Aggregate(total limit for the duration of the event) • $2,000,000-Products/completed operations • $1,000,000-Personal&advertising injury • $1,000,000-Each occurrence • $250,000-Fire damage&property damage to leased premises • Host liquor liability provided(those not in the business of serving and selling) • Set up and take down liability(day before&day after)included • Volunteers are included as additional insureds CLEANING httn://www.sandbridge.com/sandbridge-special-event-policies.htm 11/13/2015 li Sandbridge Realty Special Event Policies Sandbridge Realty Wedding Policies I Sandbri... Page 2 of 3 Before your check-out please leave the home in condition that you expected to find it when you arrived.Sandbridge Realty has very short period of time to prepare the vacation home for the next guests.So,only a general cleaning can be completed and this fee is included in your rental.Pease make sure the following are completed:1)Remove all food and trash from home.2)Place trash in the black receptacles and wheel them to the edge of the street.3)If all the trash does not fit in the receptacles,the plastic bags must be brought to the edge of the street.4)Wash and put away all dishes.5)Clean and remove dishes from dishwasher.6)Arrange furniture to the original placement.Failure to complete these requirements and/or the need for excessive cleaning,there will be a reduction of your Damage Deposit to cover these additional costs. OCCUPANCY Each special occasion property has a guest limit of 75 people for that event.The number of guests spending the night at the rental property can not exceed the maximum occupancy limit that is stated on your contract,this must not be exceeded for any reason. PARKING The only extra guest parking in Sandbridge is located at Sandbridge Seaside Market(209 Sandpiper Road)and at Little Island Park(3820 Sandpiper Road).Please do not park in other homes driveways,your vehicles will be towed.Sandbridge Realty will not be responsible for any costs associated in the recovery of your vehicles. CITY NOISE ORDINANCE No person shall permit,operate or cause any source of sound to create a sound level(greater than 55 dBA)that can be heard in another person's home between the hours of 10:00pm-7:00am.Please be considerate to the locals that live here year around and to your fellow vacationers.We would hate to have your vacation ruined by the police being called and you receiving a fine. DECK CAPACITY All rental properties decks should exceed the stated maximum guest occupancy at one time.This is for you and your guests safety. SWIMMING POOLS Most swimming pools in Sandbridge Beach are not heated and are only open for part of the year.Please contact one of our experienced special event specialists(1-800-933-4800)to see if the pool will be open for your event.In some cases an extra fee will be applied to your reservation to have the pool open for your special occasion. MARRIAGE LICENSE Getting a Marriage License in the state of Virginia is easier the most states.The bride and groom must first fill an Application For Marriage License Form.This form should be filled in by each individual prior to arriving at the Virginia Beach Circuit Court Clerk's Office,2425 Nimmo Parkway,Building #10-B,3rd Floor,Virginia Beach,VA 23456.This will save considerable time in the clerks processing your application.The couple will each be required to show the Clerk's Office some form of identification,such as a driver's license,military I.D.,birth certificate(or a certified copy).The bride and groom do not have to be resident of the state,in fact they don't even have to be US citizens to obtain a marriage license in the state of Virginia.You should arrive at the Clerk's Office on Monday through Friday between the hours of 8:30am and no later than 4:30pm to allow the staff to process your marriage license.No blood tests or witnesses are required in the state and there is no waiting period to receive your license,you'll receive it the same day.But,you must get married within 510 days from the day you received the marriage license.The fee for the Marriage License is$30.00 in cash.NO CHECKS ARE ACCEPTED.For more Marriage information.Click Here. BEACH WEDDINGS If you plan on getting married on any of the public beaches or parks in Virginia Beach and/or Sandbridge Beach please review this City of Virginia Beach"Beach Wedding Guidelines"document.If you have any questions or concerns regarding you special event,please contact the City of Virginia Beach Special Events Office at(757)437-4800,Monday through Friday 8:00am-5:00pm or email them at vbresort@vbgov.com http://www.sandbridge.com/sandbridge-special-event-policies.htm 11/13/2015 -28- CITY MANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) The City has many visitors each year that enjoy "short-term" vacation rentals. The Zoning Ordinance does not address short-term or long-term rental dwelling units. Short-term rentals have become a "standard acceptance of practice" for neighborhoods located along with Atlantic Ocean or the Chesapeake Bay; however, it has now evolved and most common in Sandbridge: Evolution of Short-Te. Rentals El Size of homes increased I=1 Sanitary sewer to Sandbridge contributed I:1 Financial crisis of 2007-08 contributed o Started to market some of the homes for weddings, family reunions and other events a The typical Event Home can be in excess of 5,000 square feet, sleep forty (40)people and offer many amenities such as indoor and outdoor pools: y Typicaln El Can be over 5,000 square feet ' n El Can sleep 40 people E Many amenities November 17, 2015 -29- CITYMANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) The photographs below depict this type of event home located in Sandbridge: r F �� . .. (IF ,, 1 � r a`m.. i as o- yuai A. u ^� a ,,,.11 ,!..ir,_,..L., z= if ��', r _ - p �i7sf E x 'dig£ u c 3i e � y ae _ i , o ` �� `��'i a '''.i � fid' � s November 17, 2015 -30- p CITYMANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) #' tire, 4,:., ifi'v i,, ' „,--,..,_.--,,,;',.:,.4;0-.., ,, i ,T ., ate �„ w WYaren+ Err.r. :„wj4 -1 '-;' b„-;;,,,.-' ..-: ..,•,-iggit a' - 14 it �a '' '6-'''-f"----':...6 ”-W • 5 -sem1,-at *,"TMu''''.:1417--; � iki;A ` .-� tiM, ,,..,„,,,,,,,,,,,,,,•::....,,,,,,, ,..,,, ..,,. „,;:. ,, .. .,.....,..,„..„,....,...,„, ..._ w . ..,,,..„... ,,,,,...::„.„.„.„ . End Vt _ = 1t.4,—:4.„c17-„,,.5...' .. :. 0!c 4gi. ni iiiin a a z . Nab. e ( y R November 17 , 2015 :p -31- CITFMAENAGER'S BRIEFINGS VENT HOMES ITEM#65393 (Continued) ». gym:, 8 t= � ..moi n - a This type of home has created problems within the residential neighborhoods and more traditional single- family home residents. Sandbridge has approximately 1,300 single family homes, with 610 being included in the short-term rental pool and, of those,fifty (50) are advertised as an "Event Home": . ........ . .............._l {, EI Noise o Inadequate parking . i Trash o Much more intense use of a dwellings- :r disruptive to neighboring typical" t single-family homes November 17, 2015 I 11 -32- CITY MANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) Ms. Lasley admitted this is a difficult issue and, as such, worked with the City Attorney's Office for several years and came up with the Zoning Office Policy or "Interpretation" below. The Rental Companies position is they are voluntarily complying; however, the residents and Civic League continue to report problems and concerns as these Event Homes are not compatible with their residential community: Special Events in Family Dwel E Zoning Office Policy-three per year on one property E More than three per year= assembly use E Assembly use needs commercial zoning and a conditional use permit o Very difficult to enforce Rental companies position is that they are voluntarily complying a Mr. Macali advised he and Ms. Lasley have worked with Council Lady Henley and discussed the issue at length. The one consensus is there is no easy answer in addressing the concerns and problems created by these Event Homes. However, in an effort to begin discussions with City Council and the stakeholders, a Draft Ordinance is provided below: Draft iT 4 o Staff has prepared a preliminary draft of an ordinance that would regulate, but not eliminate,event houses. LI It is"preliminary"because it has not yet been provided to anyone other than Staff and the City Council. November 17, 2015 -33- CITY MANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) E The draft ordinance is only a starting point to facilitate discussion among the interested parties on both sides' of the matter. It is understood that agreement onn a matter as controversial as this wlll. he t difficult. If none is reached,then with the t y Coui 's appro , aordinanc 'will bebrCitoughtncfl sr ward forvalCouncil n action :P. Y �Y Ott y 4 M1M1 The Draft Ordinance is prepared with the following intent: ID Intent is to allow occasional rentals of homes for purposes of having large events in residential neighborhoods, while preserving the predominately residential character f the neighborhood. ` E Intent is not to prohibit or require permits for r, family gatherings and similar activities tfiat are i ordinarily and customarily carried on residential neighborhoods. ° rr t -h -j0 46. November 17, 2015 -34- CITY MANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) Below is the definition of an "Event Function". It is important to note if the Event qualifies as a "Special Event" under the current Ordinance, the Event is already subject to these provisions: o Event Function. An assembly of persons ata single-family dwelling or duplex for a wedding,reception,party,etc,where the total number of attendees at any time exceeds seventy-five (75) people and the property on which the event function is held: (1) Is used, designed, maintained, advertised or held out as a destination for gatherings of invited guests;and (2) Is being rented at the time of the event for a period of less than seven (7) consecutive days. #`'` NOTE: If event qualifies as a Special Event under< current Special Events Ordinance, the event is subject to those provisions o A permit is required for an event function o, o Violations: punishable the same as violattons4 of the City Zoning Ordinance (fine of $10 $1000) and may also be enjoined by a court.- 7,7 `s K 1: November 17, 2015 -35- CITY MANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) Below are the criteria for Permits and Permit Applications: a Permits/permit applications: • Made to City Manager or designee • $200 fee to cover costs of processing • Must be submitted between 30 days and 6 months of proposed event function • Applications must contain the following information: Below are the details to be included in a Permit Application: (1) Description of proposed event function (number of attendees, if outdoors/indoors/both, amplified music); (2) Date,beginning and ending times,and location of the proposed event function; � a (3) Litter control,traffic control,and parking; (4) Copies of the notices to adjacent property„ owners and owners of property required by ordinance; November 17, 2015 -36- CITY MANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) .... ............. .............. (5) Name, address and telephone number,o!ani " individual or individuals who shall :be responsible for ensuring compliance with the : s provisions of the ordinance and the conditions of the permit; (6) Certificate of compliance from the fire marshal; (7)A certificate of compliance from the building official; 1 4417r,' (8) Additional information as the City Manager -or his designee may reasonably require 1 Application must be either granted or denied within twenty-one (21) days of receipt of a completed application. tip - must be in writing and set forth-the conditions of the permit or the reasonsfork denial. If denied, applicant has the right to a hearing before the City Manager or designie . k T xbm Wuxi, .- t ? ✓tii'r�' a=ft November 17, 2015 -37- CITY MANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) Should the following conditions be met, a Permit must be granted: A permit MUST be granted if all of the following are met: - Adequate parking will be provided bye shuttle services, on-site parking or public parking lots; - proposed activity does not present a safety or health risk to attendees or to persons residing P` in the neighborhood; proposed activity is compatible with the- surrounding area or neighborhood;and - applicant provides proof 'of adequate liability insurance The City Manager or his designee may require n 7� conditions that will reasonably protect the public health,-- safety,welfare,peace and order. May include: - Reasonable fee for the use or allocation of city property,equipment and personnel not exceeding the actual costs incurred by the city; _ ›fy -Posting of a performance bond or other surety; - Provision of adequate crowd and traffic control, security, fire protection, food handling, waste and refuse. disposal,and noise restrictions;and Duration, location and number of any portable storage containers. ' November 17, 2015 -38- CITY MANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) Below are other requirements that could be included and considered by City Council: Other requirements: - Maximum of three event functions within a period of 12 consecutive months at any property; no portion of any event function shall take, place outdoors between midnight and 10:00 am; Maximum of 100 attendees on the property at' any one time; - Individual or individuals responsible fcia _ ensuring compliance with the provisions of 'the ordinance and the conditions of the permit the periiIicmnste on the property at all times during the event function. Below are the next steps for City Council: Next steps: - send ordinance to interested persons and civic leagues and solicit comments - schedule workshops with interested parties/civic leagues - if result is an agreed-upon ordinance, bring back to City Council for action - if no agreement, advise City Council and seek further direction November 17, 2015 -39- CITY MANAGER'S BRIEFINGS EVENT HOMES ITEM#65393 (Continued) QUESTIONS/COMMENTS ■U aim 2 'I Tri,A ■g �� .. I�,��, .%17;4 .,flu at i ►gra W aJ,,mr,i%um to i 1 11 111111 fl111EL!n'1' 1,411 IN! IMI it fir,v1 , _ — .,,, , „ .. Mayor Sessoms expressed his appreciation to Council Lady Henley, Ms. Lasley and Mr. Macali for their work in attempting to address this issue. November 17, 2015 -40- CITY COUNCIL COMMENTS ITEM#65394 5:02 P.M. Councilman Dyer advised the Small Business Sub-Committee of the Process Improvement Committee expects to receive their survey back tomorrow. They will be providing recommendations based on the results of the Survey. This is to help jump-start small business activity in the City. Some of the Committee Members met with VB Vision and Doug Smith, Deputy City Manager to remove barriers for small businesses. The Building Permit process is being reviewed to make it easier and more "user- friendly"for business owners. Councilman Dyer expects to have recommendations for City Council's consideration in January. November 17, 2015 -41- CITY COUNCIL COMMENTS ITEM#65395 Council Lady Ross-Hammond advised she was pleased at the number of attendees at the "America Recycles Day"held on November 15`" at the Joint Use Library. Public Works— Waste Management did a good job working with students to promote recycling. November 17, 2015 -42- CITY COUNCIL COMMENTS ITEM#65396 Council Lady Ross-Hammond attended the Re-Enactment of the Battle of Kemp's Landing on November 14th. Again, she was pleased with the turnout and congratulated everyone for their work in this Re- Enactment. November 17, 2015 -43- CITY COUNCIL COMMENTS ITEM#65397 Council Lady Ross-Hammond also attended the 20th Annual India Fest on November 14`x' and was the 2"" time held in the City. Mayor Sessoms, Congressmen Bobby Scott and Scott Rigel also attended the event. November 17, 2015 -44- CITY COUNCIL COMMENTS ITEM#65398 Council Lady Ross-Hammond advised the dedication of Kempes Landing Park, at the intersection of Kempsville and Princess Anne Roads, as well as the Philippine Sister City "Anchor of Friendship" will be held on November 30`x'. Council Lady Ross-Hammond expressed her appreciation to Ruth Fraser, City Clerk,for all of her work in planning this event as well as Councilman Wood—SCA VB Liaison. November 17, 2015 -45- CITY COUNCIL COMMENTS ITEM#65399 Councilman Uhrin advised he, along with Mayor Sessoms and Councilman Davenport, attended the "First Friday ViBE" on November 7`''. Councilman Uhrin congratulated the City on the success of this project and presented the Mayor a Key to ViBE District. The key has been signed by the majority of the businesses owners in this newly created District. Mayor Sessoms requested each Member of City Council attend one of the First Friday events to see for their own self what a tremendous job the business owners are doing in this District. Mayor Sessoms also stated that a few of the restaurants located in the District on 17`'' Street are some of the most popular in the entire Region. The Mayor is proud of the work that has taken place to turn that area into such a thriving business and wonderful family atmosphere. November 17, 2015 -46- CITY COUNCIL COMMENTS ITEM#65400 Councilman Uhrin advised he met with the residents and Mr. Hillier around 40th Street regarding the proposed Fitness Park in an attempt to work thru the details. As such, Mr. Hillier has agreed and asked the City Council to Defer the vote on this item until January. November 17, 2015 -47- CITY COUNCIL COMMENTS ITEM#65401 Councilman Uhrin also advised, based upon Councilman Davenport's recommendation, he would like the City Council consider taking a "Neutral Stance" on Offshore Drilling. Councilman Davenport recommended City Council repeal the current Resolution adopted by City Council February 23, 2010. The "comment period"closes at the end of this year and he suggests the City either needs to speed things up to be in a position to make an informed decision to maintain the current Resolution or take a contrary view. Mayor Sessoms concurred and requested the City Attorney to prepare a Resolution for City Council's consideration. November 17, 2015 -49- CITY COUNCIL COMMENTS ITEM#65402 Councilman Moss asked the City Manager to follow- up with the Commissioner of Revenue and requested the number of citizens that were affected after City Council Amended the Senior and Disabled Real Estate Tax Relief Program. Also, he would like the number of citizens that qualified at one percentage prior to the Amendment and then changed to a different percentage. Councilman Moss is looking for the financial burden that the Amendment created as he has received a lot of feedback from senior citizens expressing their concern and displeasure. • November 17, 2015 -50- CITY COUNCIL COMMENTS ITEM#65404 Councilman Davenport advised he provided a Revised Resolution supporting the Regional Gas Initiative. The only change was adding "REQUESTED BYCOUNCILMEMBER MOSS". November 17, 2015 -51- AGENDA REVIEW SESSION ITEM#65405 5:14 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services b. Sections re Biennial License renewal for EMS 2. Resolution to AUTHORIZE an Amendment to the EMS Permit re private ambulance service by Reliance Medical Transport, LLC effective June 30, 2016 3. Resolution to SUPPORT Legislation for Virginia's participation in the Regional Greenhouse Gas Initiative 4. Resolution to AMEND the City/School Revenue Sharing Formula Policy and the Amendment be used in the FY 2016-2017 Operating Budget 5. Resolution to AUTHORIZE the updated GAP Financing Program Policy for evaluation of tourism projects 6. Ordinance to AUTHORIZE the City Manager to PURCHASE oyster leases for Lynnhaven River Basin Ecosystem Restoration Project by Voluntary Agreement 7. Ordinance to APPROPRIATE $460,000 to the Clerk of the Circuit Court for technology needs 8. Resolution to APPOINT Brad C. Hudgins as Assistant City Attorney, effective November 22, 2015 9. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Treasure Canal, 2305 Spindrift Road, re bulkhead, wharf and boatlift DISTRICT 5—LYNNHAVEN ITEM#3 WILL BE CONSIDERED SEPARATELY COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#4 COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#5 ITEM#6 WILL BE CONSIDERED SEPARATELY VICE MAYOR JONES WILL ABSTAIN ON ITEM#6 November 17, 2015 -52- A GENDA REVIEW SESSION ITEM#65405 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. JAMES O. HERTZ, JR., for a Subdivision Variance for property to the East side of Muddy Creek Road, North of the intersection with Drum Point Road DISTRICT 7 — PRINCESS ANNE 2. JOHN & RANDI VOGEL / HUNT CLUB FARM and A-1A, LLC /A-2, LLC, for Modification of Condition No. 2 re an outdoor recreation (approved December 2, 2014) at 2356, 2388, 2412, 2416 and 2427 London Bridge Road DISTRICT 7 — PRINCESS ANNE 3. PRICE HOLDINGS, LLC, for a Conditional Use Permit and change in a Non- Conforming Use re auto repair/sales at 5059 Cleveland Street DISTRICT 4 — BAYSIDE 4. ONPOINT SECURITY ACADEMY, LLC and MADLY ASSOCIATES, LLC, for a Conditional Use Permit re a vocational school at 4604 Westgrove Court DISTRICT 4 — BAYSIDE 5. JIM GOLDEN, MELISSA TEXTOR and MARINA SHORES REPAIR CORP., for Conditional Use Permits re truck/trailer rentals, bulk storage yard and open air market at 2865 Lynnhaven Drive DISTRICT 5—LYNNHAVEN 6. SECOND SHOT, LLC and ALBERT VINCIGUERRA,for a Conditional Use Permit re a tattoo parlor at 5759 Princess Anne Road DISTRICT 2—KEMPSVILLE 7. LUXURY AUTO RENTALS& SALES,LLC and MALIBU FLORIDA HOLDING,INC., for a Conditional Use Permit re auto sales/repair at 3783 Bonney Road DISTRICT 5 — LYNNHAVEN 8. JUMP TRAMPOLINE PARK and GENERAL GROWTH PROPERTIES, for a Conditional Use Permit re indoor recreation at 701 Lynnhaven Parkway DISTRICT 3 — ROSE HALL 9. PRINCESS ANNE MEADOWS, LLC and FIVE MILE STRETCH ASSOCIATES, LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER), LOLITA C. ARLAR and E.S.G. ENTERPRISES, INC., for a Conditional Change of Zoning from AG-1 and AG-2 to Conditional R-10 Residential at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential subdivision DISTRICT 7—PRINCESS ANNE November 17, 2015 -53- AGENDA REVIEW SESSION ITEM#65405 (Continued) 10. M&K INVESTMENTS I,LLC,for a Conditional Change of Zoning from B-2 and B-1 Business and R-7.5 Residential to B-2 Community Business at 1081 and 1091 Norfolk Avenue to allow the lease of space in a commercial center DISTRICT 6—BEACH 11. CITY OF VIRGINIA BEACH: a. Ordinance to AMEND the Zoning Ordinance to ESTABLISH the North End Overlay and set forth special regulations for the District b. Ordinance to AMEND the official Zoning Map to ADD the North End Overlay District DISTRICT 5—LYNNHAVEN MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 ITEM#9 WILL BE DEFERRED TO DECEMBER 8,2015 November 17, 2015 -54- ITEM#65406 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)(29) • Town Center—Phase VI 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 November 17, 2015 -55- ITEM#65406 (Continued) Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 5:20 P.M. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None (Closed Session 5:20 P.M. - 5:55 P.M.) November 17, 2015 -56- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 17,2015 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, November 17, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood INVOCATION: Reverend Les Smith, Pastor Victory Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act"), it is his practice to thoroughly review each City Council agenda to ident 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. November 17, 2015 -57- Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. November 17, 2015 -58- Item—VI-E CERTIFICATION ITEM#65407 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent.• James L. Wood ** Councilman Moss advised the slides are not exempt as a part of the Freedom of Information Act and requested the following depictions (presented in Closed Session) be included in the proceedings of November 17, 2015. November 17, 2015 -59- Item—VI-E CERTIFICATION ITEM#65407 (Continued) -- Proposed Phase VI Town Center °', Block 9 Bloc!,'3 §b - -; City Council-VEDA y .4::„ (Closed Session&riefingI November17,2015 .A Town Center 1998 '4,k:7- . . Md: fes,,' ' r� � ,, - -T ;4 ^�' ,fa° .F,:, i. ta . -s te' ;i. i- y3„3r .fir ," x- _"*" -.. a 44 `= Slog. xr ;.a ,2 ,� i s -- y 3,r�y..�r...+^�_ '-:\:...t,: T , `w v rc x oa 1 $ {i ,.js t h M1 7T x t. ,,k4.,,,,i,d,,--;.;I • r 'i ' November 17, 2015 -60- Item—VI-E CERTIFICATION ITEM#65407 (Continued) Town Center 2015 Town Center Update "1" • To date: kr .,, 814,736 sf • Re- ,117,807 sf(19 total) F ,a 190,459 sf �' R 'r..804 units > " w�u .,.4 `' ' f''';t- - ....,4 , , 4r. .,..,.. . ,.., „ %, 1 b y � qui _.„. ,., ,,,. . , „ _ .... , ., i',,,-41,1 . , „ .. ,4„. , , , „ ., ,•..,,,, it ii 1 , . , -r ...i 4, 3Y November 17, 2015 I II -61- Item —VI-E CERTIFICATION ITEM#65407 (Continued) Tmnrn Center TIF Summarytcrwn center. Investment Fhesfl Pftase 11 Phase 111 Totai Pbase V Tetal PUSLIC IVVESTMt\' Public Parking $22.5 $181 $169 $57.5 $20.1 $77.6 Garages' Meeting Space $Q.5 .$99 $104 $104 Cvnn rof,and Land ec Infrastructure $63 $77 $17 $15.7 $1.0 $16.7 CIP/EDIP Funded TOTAL PUBLIC $293 5255 -$285 $3.6 5211.: $1047 (G�e4e nvas w.z -. TO-61 PRWATE $95 $92 $122 $36,50 5844 $4494 ,t Dn s' Fail.a3 Winter Fa1I I, Fa11 2014 �TKFuntlad 2�5 Town Center Business Taxes* tc3/4n center Type of FY-2006 PS2007 FY-2008 FY-2009 FY 2010 FY 2011 F362012 FY 2013 FY-2014 FY 2015 Total to, S�< 8}sti Sex 813-b at2 81 a8sAw st6ixbea 81.u5Azs 81,W1,1z0 Et.'bxa9z Lv-e't5 Sus si�u tot as�nas sassszo saei.en sstxase ssnme seame ssszms ssaimt vent .,.,.. ProPertls Ti't_s zz;tex eae Taxa Sales sr.'n.na ssatael saoi ssz astezaa wdsr� ss se Taxes .Total .+7s°:oer s tce..rt s5[�r�,t sslasat ww�ni'.: rx.-sa« sFtxz.at a�v..rb uetuts sr+az+�.i ss>;eBSAoi- 'Bus ness Taxes Generated Within the Core Area of[he CBD South TlF District November 17, 2015 -62- Item—VI-E CERTIFICATION ITEM#65407 (Continued) Town Center Master Plan a.;m,,,.Y �1 newsmuran Ywc�mk ,...4. rr.a,. ,,,,,,:,',,,,,...,:iA.,ar.., meso ro. Bow, � i 11 '&mss It�+w°"a U' n , —,.. 41 {WQ..O'$ ,,sn. o-,,,,-...,.!--':•!•:• � #ttb p P�b,rvk � !u , IC u.. „ ionre � '''."4 t Phase VI:Block 9 ■• ■e�+.1S T N November 17, 2015 GtN1A BEAc a Off' ;Tr VS N OUR N10‘ 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#65406 Page 55, 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. ' th Hodges Fraser,MMC City Clerk November 17, 2015 -63- Item-VI-F MINUTES ITEM#65408 Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 3, 2015, and the SPECIAL FORMAL SESSIONS of November 9 and 10, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood • November 17, 2015 -64- ADOPT AGENDA FOR FORMAL SESSION ITEM#65409 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 17, 2015 -65- VI-H-1 MAYOR'S PRESENTATION ITEM#65410 "NATIONAL HOSPICE MONTH" Gentiva®Hospice Becki Sentell, RN, BSN, Hospice Clinical Liaison Jennifer Reese, Executive Director Iris Ibay, Area Director of Sales Mayor Sessoms welcomed Becki Sentell - Hospice Clinical Liaison and Jennifer Reese — Executive Director and presented a Proclamation declaring NOVEMBER 2015 "NATIONAL HOSPICE MONTH". The Mayor calls upon the Citizens to recognize the good work Hospice Services provides and to support all families in our community who are receiving these services. Ms. Sentell and Reese expressed their appreciation to the City Council for their support. November 17, 2015 c▪ �• - -'" om°`r2.; �� Qm c�.l gks"�-LNv144:S O..L Os OUR N?Z�O�-1 rn Clatn.a ftrtn Whereas. hospice services provide for an inclividuars medical and social-needs through compassionate care complete with love,comfort and support at the end of life; Whereas•. According to the National hospice andBalliative Care Organization, hospice agencies provided medical-and social-needs to more than 1.5 million patients annually;; Whereas: hospice services enable our community's citizens to receive quality medical and social-services in their own home,surrounded 6y family and friends; Whereas: hospice Services strengthen the family 6ond and support families as they care for their loved ones at home, lessening caregiver Burnout and unnecessary placement in more costly institutional-settings;and Whereas: .ICospice Services build upon a strong tradition of care and compassion,striving to keep families together while preserving an individuals independence and dignity in the setting of their choice....home. Now,Therefore,I, William D.Sessoms,Jr.,Mayor of the City of Virginia Beach,Virginia, do Hereby proclaim: NOVEWBER2015 NA.`17OJVJ4 r, HOSPICE WONT11 In Virginia Beach, and call upon all-citizens in Virginia Beach, to recognize the good work .hospice Services provides and to support all families in our community who are receiving these services. In Witness Whereof,I have hereunto set my hand and caused the OfficialSeat of the City of 'Virginia Beach, Virginia, to 6e affz�ed this Seventeenth day of Novem6er, Two Thousand and Eieen- • . ,;,.; ,• • William D.Sessoms,Jr. • `Mayor • '. ?. �• k �S -66- Item-VI-I ORDINANCES/RESOLUTIONS ITEM#65411 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items la/b, 2, 4(MOSS VERBAL NAY), 5(MOSS VERBAL NAY), 7, 8 and 9. 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 -67- Item -VI-L1a/b ORDINANCES ITEM#65412 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the City Code re compliance with the Code of Virginia: a. Sections re descriptions and authorizations for EMS and Fire medical services b. Sections re Biennial License renewal for EMS 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 1 AN ORDINANCE TO AMEND SECTIONS 2-4, 2 6-116, 21-220, 23-7 AND 35-284 OF THE 3 CITY CODE PERTAINING THE 4 DEPARTMENT OF EMERGENCY MEDICAL 5 SERVICES 6 7 SECTIONS AMENDED: §§ 2-4, 6-116, 21- 8 220, 23-7 AND 35-284 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 2-4, 6-116, 21-220, 23-7 and 35-284 of the Code of the City of 14 Virginia Beach, Virginia, are hereby amended and ordained to read as follows: 15 16 Sec. 2-4. - Recognition of police, fire companies and emergency medical services 17 agencies rescue-meads as part of public safety program. 18 19 The following city departments, police agencies and chartered and nonchartered fire 20 companies and emergency medical services agencies - -- - : - - : e e - •• - • • are 21 recognized and acknowledged to be an integral part of the official public safety program 22 of the city, and in gratitude to and in recognition of the valuable and necessary services 23 performed by the volunteer firefighters, volunteer lifesaving or emergency medical 24 service agencyrescue squad members, volunteer law-enforcement chaplains, auxiliary 25 police, volunteer emergency medical technicians, members of volunteer search and 26 rescue organizations, and volunteer members of community emergency response 27 teams, volunteering for the following organizations shall be deemed employees for the 28 purposes of the Virginia Workers' Compensation Act: 29 Blackwater Volunteer Rescue Squad, Incorporated. 30 Chesapeake Beach Volunteer Fire and Rescue Department, Incorporated. 31 Creeds Volunteer Fire Department and Rescue Squad, Incorporated. 32 Davis Corner Volunteer Fire Department and Rescue Squad, Incorporated. 33 Kempsville Rescue Squad, Incorporated. 34 Ocean Park Volunteer Fire and Rescue Unit, Incorporated. 35 Oceana Volunteer Fire Department, Incorporated. 36 Plaza Volunteer Fire Company and Rescue Squad, Incorporated. 37 Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, 38 Incorporated. 39 Sandbridge Rescue and Fire, Incorporated. 40 41 Virginia Beach Auxiliary Police. 42 Virginia Beach Rescue Squad, Incorporated. 43 Virginia Beach Volunteer Law Enforcement Chaplains and Chaplains' Aides. 44 Virginia Beach Volunteer Water Rescue Team, Incorporated. 45 Virginia Beach Department of Emergency Medical Services. 46 Virginia Beach Fire Department. 47 Virginia Beach Office of Volunteer Resources. 48 . . . . 49 . . . . 50 Sec. 6-116. - Surfing generally. 51 52 (a) For purposes of this section, the following phrases shall have the meanings 53 respectively ascribed to them: 54 (1) City manager shall mean the city manager or his duly authorized designee. 55 (2) Labor Day Weekend shall be deemed to end at 6:00 p.m. on Labor Day. 56 (3) Memorial Day Weekend shall be deemed to begin at 6:00 p.m. on the Friday 57 before Memorial Day. 58 (4) Shorebreak shall mean the area between the shoreline of the Atlantic Ocean 59 and a continuous line running thirty (30) feet east of the shoreline. 60 (b) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day 61 Weekend, it shall be unlawful for any person to use a surfboard in the waters of the 62 Atlantic Ocean, between the hours of 11:00 a.m. and 4:00 p.m. Fridays, weekends 63 and holidays, in any of the following areas: 64 (1) In the area from the northern boundary of Little Island Park to the southern 65 boundary of the designated lifeguard-patrolled swimming area located at the 66 terminus of Sandbridge Road; 67 (2) In the area from the northern boundary of the designated lifeguard-patrolled 68 swimming area located at the terminus of Sandbridge Road to the southern 69 boundary of Dam Neck Fleet Combat Training Center; 70 (3) In the area from the center line of 42nd Street to the center line of 56th Street; 71 and 72 (4) In the area from the center line of 58th Street to the southern boundary of Fort 73 Story. 74 (c) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day 75 Weekend, it shall be unlawful for any person to use a surfboard in the waters of the 76 Atlantic Ocean, between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 77 10:00 a.m. and 6:00 p.m. weekends and holidays, in an of the following areas: 78 (1) In the designated lifeguard-patrolled swimming area located at the terminus of 79 Sandbridge Road; 80 (2) In the area from the northern jetty of Rudee Inlet to the center line of 42nd 81 Street; and 82 (3) In the area from the center line of 56th Street to the center line of 58th Street. 83 (d) Except as otherwise provided herein, from Memorial Day Weekend to Labor Day 84 Weekend, it shall be unlawful for any person to use a surfboard in the waters of the 85 Atlantic Ocean, between the hours of 11:00 a.m. and 4:00 p.m. any day of the 86 week, in the area from the southern boundary of Rudee Inlet to the point located 87 two hundred (200) feet north of the northern boundary of Camp Pendleton. 88 (e) Notwithstanding the provisions of subsections (b) through (d) of this section, the use 89 of a surfboard in the waters of the Atlantic Ocean shall be permitted in the following 90 areas: 91 (1) In the area from the southern boundary of Little Island Park to the state line, 92 subject to any restrictions imposed by the United States Government with 93 respect to any area of the beach under its ownership and/or control; 94 (2) At Little Island Park, subject to any restrictions imposed by the director of parks 95 and recreation; 96 (3) In the area from the southern jetty of Rudee Inlet to a point eight hundred (800) 97 feet south thereof; 98 (4) In the area from the northern jetty of Rudee Inlet to a point five hundred (500) 99 feet north thereof; 100 (5) In the area beginning three hundred (300) feet north of the center line of 3rd 101 Street and extending to a point one hundred (100) feet north of the center line 102 of 5th Street; 103 (6) In any area determined to be unsafe for swimming or wading, pursuant to 104 Section 6-17 of this chapter; and 105 (7) In any other area that the city manager may, from time to time, designate as a 106 surfing area. 107 (f) In addition to the prohibitions set forth in subsections (b) through (d) of this section: 108 (1) No person shall use a surfboard from one-half hour after sunset to one-half 109 hour before sunrise. 110 (2) No person shall use a surfboard unless a leash or tether joins the surfer to the 111 surfboard; 112 (3) No person shall use a surfboard in the area between the south and north jetties 113 of Rudee Inlet; 114 (4) No person shall, from Memorial Day Weekend to Labor Day Weekend, use a 115 surfboard within the shorebreak unless such person is paddling, or wading 116 beside the surfboard for purposes of entering the water or returning to the 117 beach, or unless such person is in an area specifically designated by this 118 section or the city manager as a surfing area; and 119 (5) No person shall engage in any activity other than surfing in any area specifically 120 designated by this section or the city manager as a surfing area. 121 (g) Notwithstanding any provision herein to the contrary, whenever the city manager 122 determines that surfing in a particular area poses a threat of danger to the general 123 public, he may prohibit surfing in such area for the period of time during which the 124 threat of danger exists. Any such area shall be conspicuously marked by "No 125 Surfing" signs, which signs shall remain in place until the prohibition has been lifted, 126 and it shall be unlawful for any person to surf in any area so marked. 127 (h) In addition to the regular police officers of the city, the director of emergency 128 medical services chief and his duly authorized designees are authorized to enforce 129 the provisions of this section by the issuance of summonses, provided the director 130 chief or any such designee is in uniform at the time a summons is issued. 131 (i) Any person who violates any provision of this section shall be guilty of a Class 4 132 misdemeanor; provided, however, that any person who violates subsection (0(2) of 133 this section shall be guilty of a Class 3 misdemeanor. 134 . . . . 135 Sec. 10.5-2. - Permit required. 136 137 (a) In accordance with section 32.1- 111.14 of the Code of Virginia, as amended, it 138 shall be unlawful for any individual or organization to operate an emergency 139 medical services agency, or any emergency medical services vehicle in the city for 140 emergency transport purposes or nonemergency transport purposes, without first 141 being granted a permit to do so by the city council. 142 143 (b) The provisions of subsection (a) above shall not be applicable to the department of 144 emergency medical services, any volunteer rescue squad formally recognized by 145 such department as a provider of emergency medical services within the city, any 146 government operated emergency medical services agency providing service under 147 the authority of a mutual aid agreement or a memorandum of understanding with 148 the city, any lifeguard service operating on the public beaches of the city pursuant to 149 a contract with the city, or Virginia Beach Emergency Response System agencies, 150 including but not limited to, the Virginia Beach Police Department, the Virginia 151 Beach Fire Department or the Virginia Beach Parks and Recreation Department. 152 153 (c) All permits issued pursuant to subsection (a) above and in effect on January 1, 154 1985, shall expire on June 30, 1985. Applications for renewal permits shall be 155 accepted beginning thirty (30) days prior to June 30, 1985. Any permit issued for the 156 first time or as renewal shall be an annual permit valid from the date issued until the 157 thirtieth day of June the calendar year after the issuance date. and-Applications for 158 renewal of such permits shall be accepted beginning thirty (30) days prior to the 159 thirtieth day of June of the year of expiration and, if issued, shall be valid for a 160 period of two years. However, any permit issued under this section may be revoked 161 or suspended at any time by city council for failure of the permit holder, his agents, 162 and/or employees to comply with all applicable statutes, ordinances, rules, 163 regulations, policies and procedures. 164 165 (d) The number of ambulances, prescribed areas of operation, prescribed levels of 166 care rendered, fixed charges and fees for services delivered, required limits of 167 liability insurance coverage and other rules and regulations not inconsistent with the 168 laws of the commonwealth shall be prescribed for under said permit. 169 . . . . 170 Sec. 21-220. -Activation of traffic control signals by fire department and 171 emergency medical services agency r^ cuo squad members. 172 173 Members of any fire department or any emergency medical services agency rescuc 174 squad, when on duty, may activate electric traffic-control signals when such control 175 signals are specifically authorized by the State Highway and Transportation 176 Commissioner or the City Manager. 177 . . . . 178 Sec. 23-7. - Misleading, obstructing, etc., city officers. 179 180 (a) If any person without just cause knowingly obstructs a judge, magistrate, justice, 181 juror, witness, any law enforcement officer or animal control officer in the 182 performance of his duties as such, or fails or refuses without just cause to cease 183 such obstruction when requested to do so by such judge, magistrate, justice, juror, 184 witness, law enforcement officer or animal control officer, he shall be guilty of a 185 Class 1 misdemeanor. 186 (b) If any person, by threats or force, knowingly attempts to intimidate or impede a 187 judge, magistrate, justice, juror, witness, any law enforcement officer or animal 188 control officer, lawfully engaged in his duties as such, or to obstruct or impede the 189 administration of justice in any court, he shall be deemed to be guilty of a Class 1 190 misdemeanor. 191 (c) Any person who knowingly and willfully makes any materially false statement or 192 representation to a law-enforcement officer or animal control officer who is in the 193 course of conducting an investigation of a crime by another is guilty of a Class 1 194 misdemeanor. 195 (d) Any person or persons who unreasonably or unnecessarily obstruct a member or 196 members of an emergency medical services agency rescue squad, whether 197 governmental, private or volunteer, .- -- .- - . -- - - . -' -- " -- . ' or who 198 shall fail or refuse to cease such obstruction or move on when requested to do so 199 by a member of an emergency medical services agencyresc a squad going to or at 200 the site at which emergency medical services are required shall 201 be guilty of a Class 2 misdemeanor. 202 . . . . 203 Sec. 35-284. - Vehicle license at no charge for members of volunteer fire 204 companies or emergency medical services agenciesresoue -squads, auxiliary 205 police officers, volunteer police chaplains, auxiliary deputy sheriffs, disabled 206 veterans and surviving spouses of disabled veterans. 207 208 For members of the various volunteer fire companies and emergency medical 209 services agencies in the City, auxiliary police officers serving the City, 210 volunteer police chaplains of the City, auxiliary deputy sheriffs serving the City, disabled 211 veterans as exempted by Code of Virginia, § 46.2-756(B) there shall be no charge for 212 local vehicle licenses, in accord with the following provisions: 213 (1) No license fee shall be charged for one (1) vehicle owned by each active 214 member of the various volunteer fire companies and emergency medical 215 services agenciesrescue squads, each active auxiliary police officer, each 216 active volunteer police chaplain, and each active auxiliary deputy sheriff, and 217 each such volunteer who, although presently inactive, has completed ten (10) 218 or more years of active service in the City. Such persons shall submit a letter to 219 the Commissioner of the Revenue from the Chief of his fire company or 220 emergency medical services agencyrescue squad or, in the case of auxiliary 221 police officers and volunteer police chaplains, from the Chief of Police, or in the 222 case of auxiliary deputy sheriffs, from the Sheriff, stating that he is an active 223 member of the company or squad or is an active auxiliary police officer, 224 volunteer police chaplain or auxiliary deputy sheriff, or that, if inactive, he has 225 completed ten (10) or more years of active service. The preceding exemption 226 from the license fee shall apply to active members of volunteer fire companies 227 and emergency medical services agencies ,scue—s s, and each active 228 auxiliary police officer, volunteer police chaplain and auxiliary deputy sheriff, 229 regardless of whether the volunteer owns or leases the vehicle for which the 230 exemption is requested. 231 (2) Each such volunteer fire company or emergency medical services 232 agencyrescue squad member, auxiliary police officer, volunteer police chaplain 233 and auxiliary deputy sheriff shall, at the time the license fee is exempted, agree 234 to notify the Commissioner of the Revenue, if and when such volunteer 235 becomes inactive prior to completing ten (10) or more years of active service. 236 (3) The Chief of each volunteer fire company and emergency medical services 237 agency rescue squad, the Chief of Police, and the Sheriff shall submit to the 238 Commissioner of the Revenue the names and length of active volunteer service 239 of members, auxiliary police officers and police chaplains and auxiliary deputy 240 sheriffs who become inactive. 241 (4) No local vehicle license fee shall be charged for one (1) motor vehicle owned 242 and personally used by any disabled veteran and each surviving spouse of a 243 disabled veteran exempted from paying an annual registration fee by Code of 244 Virginia, § 46.2-739(B). Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th day of November , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /3/WC4114/ - kAMitAna,-Eder Ofifi Emergency edical Services City Attorney'sice CA13393 R-1 October 8, 2015 I i -68- Item-VI-I.2 ORDINANCES/RESOLUTIONS ITEM#65413 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE an Amendment to the EMS Permit re private ambulance service by Reliance Medical Transport, LLC effective June 30, 2016 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 1 1 A RESOLUTION TO APPROVE AN AMENDMENT TO THE 2 EXISTING ANNUAL EMS PERMIT FOR PROVIDING 3 PRIVATE AMBULANCE SERVICES 4 5 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 6 approve the establishment of an emergency medical service organization in the City of 7 Virginia Beach; and 8 9 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 10 10.5-2 , any individual or organization that desires to operate an emergency medical 11 services agency or emergency medical services vehicles in Virginia Beach for emergency 12 transport or non-emergency transport purposes must apply for a permit; and 13 14 WHEREAS, a previous request for establishment and an application for a permit 15 was received from Reliance Medical Transport LLC, such application indicating certification 16 for basic life support services; and 17 18 WHEREAS, City Council granted a permit to Reliance Medical Transport LLC on 19 April 22, 2014 and approved a renewal permit on June 2, 2015; and 20 21 WHEREAS, Reliance Medical Transport LLC has qualified for and received on 22 October 29, 2015, a license from the Virginia Department of Health to provide advanced 23 life support services; and 24 25 WHEREAS, Reliance Medical Transport LLC has submitted an application to be 26 permitted to provide advanced life support services within the boundaries of the City of 27 Virginia Beach; and 28 29 WHEREAS, this request and application has been recommended for approval by 30 the Virginia Beach Department of Emergency Medical Services; and 31 32 WHEREAS, City Council finds the approval of this request and application is in the 33 best interests of the citizens of Virginia Beach as it will assure continued and adequate 34 emergency services and will preserve, protect and promote the public health, safety and 35 general welfare of the citizens. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the request of Reliance Medical Transport LLC for its application to upgrade its 41 service to provide advance life support as part of its renewed annual EMS permit for 42 providing private EMS ambulance services in the City of Virginia Beach is hereby approved 43 and granted, effective immediately and until June 30, 2016. 44 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of 46 November 2015. I APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \ I tEmer enc Medical Services iAttorney fice Y CA13526 R-1 November 4, 2015 -69- Item -VI-L3 ORDINANCES/RESOLUTIONS ITEM#65414 The following individual registered to speak: Diana Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION. Ms. Howard advised she has a number of questions regarding this Initiative. Everyone knows Clean Power Plan, Climate Change and Sea Level Rise has been in the news and discussed for years. She recently researched these issues and found an article stating the Clean Power Plan Targets are easy to meet and Virginia can comply with the Plan by using energy "a bit more efficiently"and meet any increase in electrical demand with renewable energy means. A Republican representative from Carrol County feels the Clean Power Plan goes too far and Virginians could see electrical bills skyrocket, as high as 14%. Also, Senator Wagner sponsored a Bill that was passed freezing the electric rates and allow five (5)years for Virginia to comply with the Clean Power Plan. She questions what actions will be taken with the funds and until those actions are known, she feels this Initiative is premature. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:Resolution to SUPPORT Legislation for Virginia's participation in the Regional Greenhouse Gas Initiative 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 REQUESTED BY COUNCILMEMBERS DAVENPORT AND MOSS A RESOLUTION SUPPORTING LEGISLATION FOR VIRGINIA TO PARTICIPATE IN THE REGIONAL GREENHOUSE GAS INITIATIVE 1 WHEREAS, House Joint Resolution No. 50 (2012) and Senate Joint Resolution 2 No. 76 (2012) requested the Virginia Institute of Marine Science (VIMS) to study 3 strategies for adaptation to prevent recurrent flooding in Tidewater and Eastern Shore 4 Virginia localities; 5 WHEREAS, the resulting VIMS report, entitled "Recurrent Flooding Study for 6 Tidewater Virginia," published as Senate Document No. 3 (2013), states: "Recurrent 7 flooding is a significant issue in all localities in Virginia coastal localities and one that is 8 predicted to become worse over reasonable planning horizons (20-50 years)."; 9 WHEREAS, the VIMS report found that "[i]mpacts from flooding can range from 10 temporary road closures to the loss of homes, property and life. In coastal Virginia, the 11 cost of large storm damage can range from millions to hundreds of millions of dollars 12 per storm."; 13 WHEREAS, the Secure Commonwealth Panel, established by Virginia Code 14 § 2.2-222.3 to "monitor and assess the implementation of statewide prevention, 15 preparedness, response, and recovery initiatives and where necessary review, 16 evaluate, and make recommendations relating to the emergency preparedness of 17 government at all levels in the Commonwealth," created a Recurrent Flooding Sub- 18 Panel to further assess the threat of recurrent flooding and sea level rise in the 19 Commonwealth; 20 WHEREAS, the Secure Commonwealth Panel Recurrent Flooding Sub-Panel's 21 report, entitled "Recommendations to the Secure Commonwealth Panel on the Issue of 22 Sea Level Rise and Recurrent Flooding in Coastal Virginia" (2014), states that "[t]he 23 Commonwealth should identify or establish a fund to assist localities and regions [to] 24 meet their match requirements and otherwise assist them with the costs of adaptation 25 planning."; 26 WHEREAS, a number of homeowners, businesses, schools, and health care 27 facilities in Virginia Beach regularly battle issues associated with recurrent flooding and 28 the threat of increasing sea level rise and severe storms; and 29 WHEREAS, the City of Virginia Beach recognizes the need for increased 30 resources to implement local adaptation plans and acknowledge that coordination 31 throughout all levels of government is required to provide adequate solutions to the 32 region's growing flooding risks. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH: 35 36 1. That the Council hereby supports legislation in the 2016 General 37 Assembly session that provides state assistance to areas impacted by flooding and sea 38 level rise by participating in the Regional Greenhouse Gas Initiative (RGGI), that 39 establishes a regional CO2 electric power sector cap and trade program, and directing 40 revenues generated from the program to flooding adaptation efforts. Enabling legislation 41 joining the state into RGGI would also provide assistance for energy efficiency 42 programs to help reduce customer bills and promote energy conservation. 43 44 2. That the City Clerk is hereby directed to transmit a copy of this resolution 45 to each member of the City's local Delegation to the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th day of November , 2015. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13519 R-2 November 17, 2015 -70- Item-VI-I.4 ORDINANCES/RESOLUTIONS ITEM#65415 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AMEND the City/School Revenue Sharing Formula Policy and the Amendment be used in the FY 2016-2017 Operating Budget Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Absent: James L. Wood November 17, 2015 1 A RESOLUTION TO AMEND THE CITY/SCHOOL 2 REVENUE SHARING FORMULA POLICY 3 4 WHEREAS, the City Council adopted the most recent amendment of the 5 City/School Revenue Sharing Policy in December 2013; 6 7 WHEREAS, School and City staff recommend amending the Policy to reflect two 8 recent Council funding allocations in the Discretionary Local Match Calculation rather 9 than through line-item additions, and based upon such changes, the new Discretionary 10 Local Match Calculation will be 34.11% rather than 32.37%; 11 12 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That the City Council hereby approves the amendment to the City/Schools 16 Revenue Sharing Policy, attached hereto as Exhibit A, and the City Council directs the 17 City Manager to use this amended policy as part of the City Manager's recommendation 18 for the FY 2016-17 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of November , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY .Da. Q. `1 Budget and Management ervices i y At orney's Office CA13524 R-1 November 4, 2015 I II G,N�A BEAc EXHIBIT A 4.7 `} ,� ✓ City Council and �sp OURNatoS School Board Policy Title: City/School Revenue Sharing Policy Index Number: Date of Adoption: October 23,2012 Date of Revision:11/17/2015 Page: 1 of 6 1. Purpose: 1.1. This policy ("Policy") is to establish a procedure for allocating to the City and to the Public School System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to provide sufficient funding to maintain Virginia Beach City Public Schools' academic success as well as the City's strategic goals. 1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by clearly and predictably sharing local revenues. It provides a balance between the funding requirements for School and City programming. This Policy seeks to provide a diverse stream of revenues that mitigates dramatic changes in the economy by relying upon all local General Fund tax revenues that are under the City Council's control rather than a subset of those revenues. It also recognizes decisions by the City Council to dedicate some of these same revenues to City and School priorities outside of the formula discussed herein. This Policy seeks to rectify some of the concerns with the past formula by linking City funding to the School directly to the State Standards of Quality ("SOQ") which periodically takes into account changes in student enrollment,true property value, adjusted gross income,taxable retail sales,and population. 2. Definitions: 2.1. "City" refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools. 2.2. "Schools" refer to the Virginia Beach City Public Schools. "Local Tax Revenues" refers to all General Fund revenues generated by non-dedicated local taxes: real estate (less dedications such as the FY 2013 dedication for Schools and road construction, and the Outdoor Initiative, the Agr' . . •- - - . -- . - - ); Personal Property (less dedication for public safety); General Sales; Utility; Virginia Telecommunications; Business License (BPOL); Cable Franchise; Cigarette (less dedication for Economic Development Incentive Program (EDIP)); Hotel Room; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on Wills. 1 2.3 "Dedicated Local Tax" refers to taxes that have been previously obligated by the City Council or State law to support specific projects or programs. Examples of dedicated local taxes that are excluded from this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services Districts Revenues; the FY 2013 dedication to Schools (4 cents of the real estate tax) and Transportation (4.2 cents of the real estate tax); taxes that represent "net-new revenues" and are required to be redirected or are the basis for the calculation of an incentive payment as part of a public-private partnership approved by City Council; taxes established to support Open Space; Agricultural Reserve Program; Recreation Centers; Outdoor Initiative; Economic Development Incentive Program; Tourism Advertising Program; Tourism Investment Program; referendum related taxes; and taxes used to support the BRAC project. A more complete discussion of such dedications is found in the Executive Summary and the Operating Budget each year. 2.4. "Net -new Revenues" as used in Section 2.3 means public-private partnership revenues generated by a project(or property)that exceed the Local Tax Revenues prior to the public-private partnership. 2.4. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and the Schools. 2.5. "Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each year for the upcoming fiscal year beginning July 1. 2.6. "Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive Annual Financial Report(CAFR). 2.7. "School Reversion Funds" refers to unused expenditure appropriations and end of the year adjustments to the Revenue Sharing Formula revenues based on actual collections. 2.8. "Discretionary Local Match" refers to the funding level set by the Revenue Sharing Formula and the FY 2013 real estate tax dedication to Schools. 2.9. "Required Local Match" refers to the City funding required by the State's Standards of Quality(SOQ). 3. Procedure to Calculate the Revenue Sharing Formula: 3.1. Initial Estimate 3.1.1 In October, Budget and Management Services will provide to Schools an estimate of local tax revenue for the upcoming fiscal year. 2 3.1.2. The Required Local Match calculation - Using the SOQ for each of the State Biennial years, Budget and Management Services will deduct this amount from the projection of Local Tax Revenues and set it aside as the first step. 3.1.3. Discretionary Local Match calculation — The Discretionary Local Match has two components: the formula component and the FY 2013 four cent real estate dedication. 3.1.3.1. Formula component: Budget and Management Services will then allocate to Schools 32.37% 34.11% of the remaining Local Tax Revenues. 3.1.3.2. FY 2013 School dedication component: In FY 2013 Operating Budget the City Council increased the real estate tax rate by four cents and dedicated it to the Schools' Operating Budget. This dedication amount will be added to the Discretionary Local Match. This dedication shall exist until such time as the State restores funding for education to the average level provided from FY 2006 to FY 2012 of $350 million (net of School facility funds). The City Council has directed the City Manager to recommend, as a part of the City's Proposed Operating Budget, reductions in whole or in part to the four cents real estate dedication in an amount roughly equal to the increased State funding above $350 million (per annum) as reflected by a decrease in the local composite index below the current FY 2013 level of 0.4110. 3.1.4. The combination of the required local match and the discretionary local match shall comprise the funding for Schools pursuant to this Policy. 3.2. Final Estimate 3.2.1. In February, Budget and Management Services will provide a final estimate of the Local Tax Revenues. This will be the estimate included in the City's Proposed Operating Budget. 3.2.2. Required Local Match calculation - By February the final SOQ required local match should be known from the Virginia Department of Education and this figure will be used to set aside the first allocation of revenues. 3.2.3. Discretionary Local Match calculation — Budget and Management Services will then allocate to Schools the formula component (32.37%34.11% of the remaining estimated Local Tax Revenues) plus the FY 2013 Schools' dedication component (four cents of the real estate tax provided no adjustments are required). 3.2.4. The combination of the Required Local Match and the Discretionary Local Match shall comprise the total local funding of the Schools under the Revenue Sharing Formula. 3.2.5. Estimates of the revenues contained in the Revenue Sharing Formula shall be clearly presented in the City's Operating Budget. 3 I II 4. Procedure to Request an Increase in the Discretionary Local Funding Match: 4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by resolution that it has determined additional local funding is required to maintain the current level of operations or to provide for additional initiatives. The School Board's resolution will provide the following: 1) that additional funding is required; 2) the amount of additional funding requested; 3) the purpose for the additional funding; and 4) that the School Board supports an increase in the real estate tax (or other local tax) should the City Council determine that such a tax increase is necessary. 4.2. If the City Council determines that additional funding is warranted to maintain the current level of City and Schools operations or to provide for additional initiatives, the City Council shall determine appropriate action. This action may include consideration of existing dedications or alternate sources of revenue or tax increases. If, after deliberation and appropriate public involvement, the City Council determines that additional tax revenues are required, City Council may adopt a tax rate increase to any revenue stream within this formula to generate additional local tax revenue. 4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same manner as other Dedicated Local Taxes. If the City Council does not dedicate the increased taxes, this revenue will be part of the Local Tax Revenues for purposes of this Policy. 5. Actual Revenue Collections deviate from Budget Local Tax Revenues: 5.1. If, at the end of the fiscal year, the actual Local Tax Revenues exceed the budgeted amount, the amount of excess revenue will be allocated in the same manner as similar revenues were apportioned in the recently ended fiscal year. However, such excess revenues are subject to the City Council's General Fund Balance Reserve Policy. If such funds are not required for the General Fund Balance Reserve Policy, the School Board may request that such funds be appropriated at the same time as the appropriation of reversion funds,discussed in Section 6.3, below. 5.2. If, the City, through the Manager or his designee, anticipates at any time during the fiscal year that actual revenues will fall below budgeted revenues, the School Board, upon notification by the City Manager or his designee of such an anticipated shortfall, will be expected to take necessary actions to reduce expenditures in an amount equal to the School's portion of the shortfall. 6. Reversion of Formula Revenues: 6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues. 6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year ending on June 30th (to include the accrual period) lapse into the fund balance of the City's General 4 Fund. The reversion described in the preceding sentence is specific to Local Tax Revenues, and while the appropriation to spend funds may lapse, the reversion process is not applicable to moneys in a fund, such as the Athletic Fund,that are attributable to user fees or gate admissions. 6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation and appropriation of funds resulting from the end of the fiscal year. This request should consider the following: 6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and reverted to the fund balance of the City's General Fund. See Section 6.2. 6.3.2.The use of excess funds discussed in Section 5.1. 6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the estimated debt payments upon which the fiscal year's budget was appropriated. If the actual debt payment exceeds estimated debt payments, the amount of Schools reversion funds will be reduced by this difference. If actual debt is less than estimated debt payments, the amount of Schools reversion funds will be increased by this difference. 6.3.4.The Schools' Budget Office will confer with Budget and Management Services to verify that there is sufficient fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is insufficient fund balance according to the Fund Balance Policy, the City Manager shall notify the Superintendent of this condition. 6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time purchases or to be retained according to applicable policy on the Schools Reserve Fund (Fund 098), including School Board Policy #3-28, and City Council Ordinance # 2789F, adopted November 4,2003. 6.3.5.1. Upon receipt of the resolution, Budget and Management Services shall prepare an ordinance for City Council's consideration of the School Board's request at the earliest available City Council meeting. 6.3.5.2. Following City Council's action Budget and Management Services shall notify the Schools of the City Council's decision and shall adjust the accounting records accordingly. 7. Revision to the City/School Revenue Sharing Policy: 7.1. The Superintendent, City Manager, School Chief Financial Officer, and the City's Director of Budget and Management Services shall meet annually to discuss changes in State and Federal revenues that support Schools operations, any use of"one-time" revenues, and any adjustments made to existing 5 revenues affecting this formula. If they determine that an adjustment is needed, the City Manager and Superintendent will brief the City Council and School Board respectively. 7.2. City Council may revise this Policy in its discretion after consultation with the School Board. 7.3. If no other action is taken by the City Council and School Board,this Policy shall remain effective until June 30th 2018 at which time it will be reviewed and considered for reauthorization. Approved: As to Content: School Superintendent Date City Manager Date As to Legal Sufficiency: City Attorney Date Approved by School Board: School Board Chairman Date APPROVED BY CITY COUNCIL: Mayor Date 6 EXHIBIT B Local Funding To Schools Adopted Adopted FY 2015-16 FY 2015-16 Total General Fund,Non-Dedicated Local Taxes: Budget Budget Real Estate 487,464,026 467,993,529 Less:Schools&City Dedication (61,485,780) (29,205,746) Less:Outdoor Initiative Dedication (2,408,193) (2,408,193) Personal Property 143,202,521 143,202,521 Less: Public Safety Dedication (9,981,764) (9,981,764) General Sales 59,780,905 59,780,905 Utility Tax 23,882,326 23,882,326 Utility Tax-Consumption 1,696,942 1,696,942 Virginia Telecommunications 18,225,051 18,225,051 Business License 46,842,468 46,842,468 Cable Franchise 8,146,171 8,146,171 Cigarette-General Fund Only 11,642,478 11,642,478 Less: EDIP&City Dedication (3,492,744) (3,492,744) Hotel Room 6,328,444 6,328,444 Restaurant Meals 38,725,640 38,725,640 Automobile License 9,534,845 9,534,845 Bank Net Capital 2,348,972 2,348,972 City Tax on Deeds 6,878,623 6,878,623 City Tax on Wills 79,882 79,882 Total Non-dedicated Local Taxes 787,410,811 800,220,349 Less: Required SOQ Match 167,640,500 167,640,500 Remaining Non-dedicated Local Taxes 619,770,311 632,579,849 Formula% 32.37% 34.11% Discretionary Local Match 200,619,650 215,781,848 Subtotal School Revenue Sharing Formula 368,260,150 383,422,348 Dedicated 4.0 Cents of Real Estate Tax to Schools 30,742,890 20,495,260 Additional City Council Funding to Offset Tax Rate Reduction to 93 Cents in FY 14 3,317,158 Additional City Support for 4%Pay Raise 1,597,410 Total Local Contribution 403,917,608 403,917,608 -71- Item-VI-I.5 ORDINANCES/RESOLUTIONS ITEM#6541 6 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to AUTHORIZE the updated GAP Financing Program Policy for evaluation of tourism projects Voting: 9-1 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Absent: James L. Wood November 17, 2015 1 A RESOLUTION TO ADOPT AN UPDATED 2 POLICY FOR THE EVALUATION OF TOURISM 3 PROJECTS FOR THE GAP FINANCING 4 PROGRAM 5 6 WHEREAS, tourism is a vital component of the City's existing tax base; and 7 8 WHEREAS, the City should encourage private sector investment in tourism 9 projects that increase tourist length-of-stay and enjoyment of time spent in the City; and 10 11 WHEREAS, the General Assembly has provided a mechanism whereby private 12 investment in tourism projects that require "gap financing" may qualify for specific 13 sources of funding; and 14 15 WHEREAS, the General Assembly has amended the enabling legislation for "gap 16 financing to allow an increased gap of up to 30%; and 17 18 WHEREAS, the General Assembly has provided an additional program that 19 provides additional revenues for tourism projects of regional significance; and 20 21 WHEREAS, the City Council desires to update its policy for the evaluation of 22 potential tourism projects that provides additional requirements for projects seeking to 23 utilize the recent legislative authorizations; and 24 25 WHEREAS, when evaluating potential tourism projects, it is prudent for the City 26 to follow guidelines designed to ensure that any qualifying tourism project is in the best 27 interest of the City. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRIGNIA: 31 32 1. That City Council hereby adopts the updated policy "Guidelines for 33 Evaluation of Tourism Projects," a copy of which is attached hereto as Exhibit A; and 34 35 2. That the City Manager and staff are hereby directed to use the process 36 outlined in the City Council Policy in the evaluation of a tourism projects. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of November 2015. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ej?-7t,YS/V't'fAfl"A&I \ 0 . 1A1 Strategic Grolivn Area Ec( • •.c Development I APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: glime a - (Catitiku Department of Finance Att y s Office CA13518 R-1 November 5, 2015 EXHIBIT A X? 11- z, „.,, f/ 1. ( I Ni.t ttCity Council Policy Title: Evaluation of Tourism Projects for the Index Number: Gap Financing Program Date of Adoption: 3/13/2012 Date of Revision: 11/17/2015 Page 1 of 6 1.0 Purpose and Need To transform the Virginia Beach Resort from a seasonal venue to a year- round destination, private development will be necessary; however, some potential tourism projects have experienced difficulty obtaining the financing necessary to make the projects a reality. A means for bridging the financing gap was established by the General Assembly, codified as §§ 58.1-3851.1 and 58.1- 3851.2 of the Virginia Code. This program provides additional funding— in the form of cash flows — once projects are operational that may be directed to closing a financing gap between the debt and equity a developer currently has and the total financing required by a tourism project. This program may generally be referred to as "Tourism Project Gap Financing Program" or, as hereinafter referred to as, the "Program." 2.0 Policy Statement The purpose of this policy is: a) To provide guidance to City staff for the evaluation of proposed tourism projects that seek to utilize the Program; b) To signal to the development community the types of tourism projects that would be eligible for the Program and the various steps required for final approval; and c) To inform the broader community of the public purpose advanced by the Program. Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 2 of 6 3.0 Definitions 3.1 Gap Financing — debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project and the debt and equity capital provided by the developer of the project. 3.2 Performance Agreement — an agreement between the developer, the City, and development authority. The Performance Agreement shall affirmatively state that the Agreement does not create debt of the State or the City. The agreement has three functions. First, the Performance Agreement requires the developer to impose an "access fee" in the amount provided by State law of all transactions occurring on the project premises. Second, the Performance Agreement establishes minimum performance requirements for the tourism project including capital investment, new jobs, or other measureable criteria. Third, the Performance Agreement sets forth the payment of the revenue streams in the amounts and for the purposes provided by §§ 58.1-3851.1 and 58.1-3851.2 of the Virginia Code. 3.3 Tourism Development Financing Program — a program provided by the General Assembly allowing state tax, local tax, and private developer "access fee" revenue streams to be directed to gap financing. This Program does not allow the creation of new state or local debt either through debt issuance or loan guarantee(s). 3.4 Tourism Marketing Plan — a strategic plan adopted by the City Council and required by Virginia Tourism Authority, which describes the City's action plan for tourism related development. 3.5 Tourism Zone — a zone designated by the City Council to encourage tourism related economic activities as provided by § 58.1-3851 of the Virginia Code. 3.6 Qualifying Tourism Project— a project that fills a void identified by the Tourism Development Plan, is located in the Tourism Zone, meets the approval of City staff based on the evaluation factors identified in this policy, has been endorsed, by ordinance by the City Council, has been approved by the Virginia Tourism Authority, and has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by §§ 58.1-3851.1 and 58.1-3851.2 of the Virginia Code. 4.0 How the Program Works 4.1 Debt Responsibility. The Program does not create State or City Debt. II Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 3 of 6 4.2 Revenue Flows. The amount of revenue is keyed to one cent of the sales and use taxes generated on the tourism project premises. This amount is provided from the Tax Commissioner on a quarterly basis. The amount of the local tax portion and the "access fee" are equal to the amount provided by the Tax Commissioner. After the completion of all steps set forth herein, the flow of revenues is as follows: a) State Sales Taxes (certified by the Tax Commissioner) 4 State Comptroller remits these revenues to the City -› City remits to the Development Authority 4 Development Authority, pursuant to the Performance Agreement, pays to the Bank or Financial Institution providing the Gap Financing. b) Local Taxes (in an amount equal to the amount certified by the Tax Commissioner) 4 City remits to the Development Authority -* Development Authority, pursuant to the Performance Agreement, pays to the Bank or Financial Institution providing the Gap Financing. c) "Access Fee" (imposed by project developer and memorialized in the Performance Agreement; in an amount equal to the amount certified by the Tax Commissioner) 4 Developer remits to the City -3 City remits to the Development Authority 4 Development Authority, pursuant to the Performance Agreement, pays to the Bank or Financial Institution providing the Gap Financing. 4.3 Prerequisites. Sections 58.1-3851.1 and 58.1-3851.2 of the Virginia Code requires the following prerequisites: a) The City Council has to adopt a Tourism Marketing Plan. The Tourism Marketing Plan provides a description of the types of tourism projects the City desires as a matter of strategic priority. A Qualifying Tourism Project must fill a void identified by the Tourism Marketing Plan. b) The City Council had to adopt a Tourism Zone. A Qualifying Tourism Project must be located in the Tourism Zone. c) To qualify for the Program, the project developer must demonstrate a shortfall in project funding between the expected development costs of the proposed tourism project and the debt and equity capital provided by the developer of the project. This shortfall may not exceed 20% of the total project costs unless the Project Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 4 of 6 meets the requirements set forth in subsection 5.3, infra. Proof of such shortfall must be demonstrated in writing by a financial institution and meet the satisfaction of the City's Director of Finance. If this writing contains confidential information, it should be so marked for purposes of the Freedom of Information Act. 5.0 Process 5.1 Application - Developers seeking to utilize the Program shall submit an application to the City of Virginia Beach Strategic Growth Area Office. • The application will include project description, conceptual design, geographic parcel identification number (GPIN), anticipated economic impact, potential spin-off business synergy, effect upon tourism, competitive venues, risk factors, any Virginia Tourism Authority fees, as applicable, and potential remedies for risk. • The application must meet the three requirements set forth in subsection 4.3, supra. 5.2 Evaluation - Each application will be reviewed by a staff review committee. The review will determine whether the project: a) Has a minimum capital investment of$30 million; b) Will provide taxable sales in the amount of at least $ 1 million per year; c) Will increase year-round employment; d) Fills a void in the Tourism Marketing Plan; e) Is located in the Tourism Zone; f) The proof of the need for Gap Financing meets the approval of the City's Director of Finance; g) Does not require a prohibitive amount of City investment, including roadways, parking, and other infrastructure. 5.3 Additional Evaluation Factors: If a project has more than a 20% gap or has a capital investment above $100 million, it may require additional evaluation. a) A project with a need for Gap Financing of up to 30% may apply if, in addition to those requirements in subsection 4.3 and 5.2, supra, the project include some or all of the following: capital investment above $50 million; creates at least 50 full time equivalent jobs; redevelops an existing building or facility; and is a premium flag or fills a brand gap. b) A project with a capital investment above $100 million may qualify for I ii i Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 5 of 6 revenue streams equaling 1.5% of the revenues generated by the State Sales Tax if, in addition to those requirements in subsection 4.3 and 5.2, supra, the project meets the requirements of §58.1-3851.2 and creates substantial development or redevelopment that can be identified as providing a sufficient direct or indirect revenue lift to offset the revenues required by the City in addition to the local portion of the Sales Tax. 5.4 Briefing — After City staff have reviewed the application, a representative from the Strategic Growth Area Office or other related office will provide a briefing to the City Council. At this briefing, the Staff will require informal direction as to whether there is preliminary support for the proposed tourism project. If there is support by the City Council, Staff will provide a similar briefing to the Development Authority. 5.5 Development of a Performance Agreement — After preliminary approval by the City Council and the Development Authority, Staff and the tourism project developer will begin work on a Performance Agreement. The Performance Agreement will do the three functions described in Section 3.2, supra. Final execution of the Performance Agreement will be conditioned upon the project receiving preliminary approval by the Virginia Tourism Authority and certification by the State Comptroller as qualifying for the entitlement to tax revenues authorized by § 58.1-3851.1 or § 58.1-3851.2 of the Virginia Code. 5.5 Project Endorsement Ordinance — Prior to the completion of the Performance Agreement, City Staff will present an ordinance to the City Council. The ordinance will provide for the endorsement of the proposed tourism project by the Council and the willingness, subject to approval by the State and execution of the Performance Agreement, of the City to allow the project to receive an amount of local tax revenues equal to one cent of the Virginia Sales and Use Tax for all transactions occurring on the project premises. For those projects seeking the 1.5% revenue stream authorized by § 58.1-3851.2, the endorsement ordinance shall identify the proposed source of the additional local funding above that provided by the local portion of the Sales Tax. 5.6 Execution of Performance Agreement by Project Developer — After the project has been approved by the Virginia Tourism Authority and the State Comptroller, the Performance Agreement, in final form, will be provided to the project developer for execution. 5.7 Development Authority Approval — After approvals at the state level and Title: Adoption Guidelines for the Index Number: Tourism Development Financing Program Date of Adoption: 3/13/2012 Date of Revision:11/17/2015 Page 6 of 6 execution by the project developer, the Development Authority will be presented with a resolution to approve the Performance Agreement in final form. 5.8 Final Local Approval - If this resolution is approved by the Development Authority, the Chair of the Development Authority will execute the Performance Agreement. 5.9 Final State Approval — After the Final Local Approval, the City will forward the application, ordinance(s), and Performance Agreement to the Virginia Tourism Authority and to the State Comptroller, as required. Approved as to Content: Strategic Growth Area Office Date Director Approved as to Content: Economic Development Date Department Director Financial Impact: Finance Director Date Approved as to Legal Sufficiency: City Attorney Date Reviewed by: City Manager Date APPROVED BY CITY COUNCIL: Mayor Date Code of Virginia Title 58.1.Taxation Chapter 38. Miscellaneous Taxes § 58.1-3851.1. Entitlement to tax revenues from tourism project A. For purposes of this section, unless the context requires a different meaning: "Economic development authority" means a local industrial development authority or a local or regional political subdivision,the public purpose of which is to assist in economic development. "Gap financing" means debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project and the debt and equity capital provided by the developer of the project. B. 1. If a locality has established a tourism zone pursuant to § 5S.1-3851,has adopted an ordinance establishing a tourism plan as determined by guidelines set forth by the Virginia Tourism Authority, and has adopted an ordinance authorizing a tourism project to meet a deficiency identified in the adopted tourism plan approved by the Virginia Tourism Authority, and the tourism project has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by this section,the authorized tourism project shall be entitled to an amount equal to the revenues generated by a one percent state sales and use tax on transactions taking place on the premises of the authorized tourism project. The entitlement shall be contingent on the locality enacting an ordinance designating certain local tax revenues to the tourism project pursuant to subsection C and shall be subject to the conditions set forth in subsection D. The purpose of such entitlement shall be to assist the developer with obtaining gap financing and making payments of principal and interest thereon. The entitlement shall continue until the gap financing is paid in full. Entitled sales tax revenues shall be applied solely to payments of principal and interest on the qualified gap financing. 2. On a quarterly basis, the Tax Commissioner shall certify the amount of the entitled sales tax revenues to the Comptroller,who shall remit such revenues to the county or city in which the authorized tourism project is located. The county or city shall remit the revenues to the economic development authority. No payments herein shall be made until an agreement exists between the developer of the authorized tourism project and the economic development authority. 3. The state sales tax entitlement established in subdivision 1 shall not include any(i) sales tax revenues dedicated pursuant to § 5 .1-63 S or or(ii)revenues generated pursuant to Chapter 766 of the Acts of Assembly of 2013. C. If a locality has adopted the ordinances required by subdivision B 1 to entitle an authorized tourism project to an amount equal to the revenues generated by a one percent state sales and use tax on transactions taking place on the premises of the authorized tourism project,the local governing body of the county or city in which the authorized tourism project is located shall also direct by ordinance that an amount equal to the revenues generated by at least a one percent local sales and use tax, or an equivalent amount of other local tax revenues as designated by the ordinance, generated by transactions taking place on the premises of the authorized tourism project shall be applied to the payment of principal and interest on the qualified gap financing. Such revenues shall be remitted in the same manner, for the same time period, and under the 1 11/5/2015 same conditions as the remittances paid in accordance with subsection B, mutatis mutandis. D. Prior to any entitlement to tax revenues for an authorized tourism project pursuant to subsections B and C, the owner of such project shall have a minimum of 70 percent of funding for the project in place through debt or equity, enter into a performance agreement with the economic development authority or political subdivision, and enter into an agreement to pay an access fee. The access fee shall be equivalent to the state sales tax revenue generated by and returned to the project pursuant to subdivision B 1 and shall be collected by the locality and remitted to the economic development authority on a quarterly basis.The access fee and the sales tax entitlement shall be used solely to make payments of principal and interest on the qualified gap funding. E. In the event that the total amount of sales tax entitlement and the access fee exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. F.A tourism project that is entitled to and receives revenues pursuant to this section shall not be eligible to receive revenues pursuant to § 58.1-0.08.3 or 58.1-3851.2. 2011, cc. 646, I1 =;2012, cc. 7'3, 2;2015, cc. 263, 31L. 2 11/5/2015 Code of Virginia Title 58.1.Taxation Chapter 38. Miscellaneous Taxes § 58.1-3851.2. Entitlement to tax revenues from tourism project of regional significance A. For purposes of this section, unless the context requires a different meaning: "Economic development authority" means a local industrial development authority or a local or regional political subdivision, the public purpose of which is to assist in economic development. "Gap financing" means debt financing to compensate for a shortfall in project funding between the expected development costs of an authorized tourism project of regional significance and the debt and equity capital provided by the developer of the project. "Tourism project of regional significance" means a tourism project that meets the requirements set forth in subdivision B 1 and that additionally represents a new capital investment of at least $100 million in a new tourism facility or in a substantial and significant renovation or expansion of an existing tourism facility by a private entity in the Commonwealth and, as determined by the Virginia Tourism Authority,that supports increased hotel occupancy, new job creation, an increase in the number of out-of-state visitors to the Commonwealth, and other factors of significant fiscal and economic impact.Any property, real, personal, or mixed, that is necessary or complementary, such as arenas, sporting facilities,hotels, and other tourism venues, developed in connection with any such tourism project of regional significance, including facilities for food preparation and serving, parking facilities, and administrative offices, is encompassed within this definition, as is theme-related retail activity by vendors or the private entity owner of the project that occurs on site and directly supports the tourism mission of the project.A tourism project of regional significance does not include, for purposes of this section, general retail outlets, ancillary retail structures not directly related to the tourism purpose of the project or other retail establishments commonly referred to as shopping centers or malls or residential condominiums, townhomes, or other residential units. B.1. If a locality has established a tourism zone pursuant to § --10.1-385i,has adopted an ordinance establishing a tourism plan as determined by guidelines set forth by the Virginia Tourism Authority, and has adopted an ordinance authorizing a tourism project of regional significance to meet a deficiency identified in the adopted tourism plan approved by the Virginia Tourism Authority, and if the tourism project of regional significance has been certified by the State Comptroller as qualifying for the entitlement to tax revenues authorized by this section, the authorized tourism project of regional significance shall be entitled to an amount equal to the revenues generated by a 1.5 percent state sales and use tax on transactions taking place on the premises of the authorized tourism project of regional significance. The entitlement shall be contingent on the locality's enacting an ordinance designating certain local revenues to the project pursuant to subsection C and shall be subject to the conditions set forth in subsection D. The purpose of such entitlement shall be to assist the developer with obtaining gap financing and making payments of principal and interest thereon. 2. On a quarterly basis, the Tax Commissioner shall certify the amount of the entitled sales tax revenues to the Comptroller,who shall remit such revenues to the county or city in which the authorized tourism project of regional significance is located. The county or city shall remit the 1 11/5/2015 I II revenues to the economic development authority. No payments herein shall be made until an agreement exists between the developer of the authorized tourism project of regional significance and the economic development authority. The entitlement shall continue until the gap financing is paid in full or for the length of time specified in the agreement between the developer and the economic development authority,but in no event shall the entitlement extend beyond 20 years from the date of the initial entitlement. Entitled sales tax revenues shall be applied solely to payments of principal and interest on the qualified gap financing. 3.The state sales tax entitlement established in "subdivision 1 shall not include any(i) sales tax revenues dedicated pursuant to § 58J 63S or 58.1-658. or(ii) revenues generated pursuant to Chapter 766 of the Acts of Assembly of 2013. C. If a locality has adopted the ordinances required by subdivision B 1 to entitle an authorized tourism project of regional significance to an amount equal to the revenues generated by a 1.5 percent state sales and use tax on transactions taking place on the premises of the authorized tourism project of regional significance, the local governing body of the county or city in which the authorized tourism project of regional significance is located shall also direct by ordinance that an amount of local revenues, from any authorized source of revenues available to the locality, equal to the revenues generated by at least a 1.5 percent state sales and use tax generated by transactions taking place on the premises of the authorized tourism project of regional significance shall be applied to the payment of principal and interest on the qualified gap financing. Such revenues shall be remitted in the same manner, for the same time period, and under the same conditions as the remittances paid in accordance with subsection B, mutatis mutandis. D. Prior to any entitlement to tax revenues for an authorized tourism project of regional significance pursuant to subsections B and C, the owner of such project shall have a minimum of 80 percent of funding for the project in place through debt or equity, enter into a performance agreement with the economic development authority or political subdivision, and enter into an agreement to pay an access fee. The access fee shall be equivalent to the state sales tax revenue generated by and returned to the project pursuant to subdivision B 1 and shall be collected by the locality and remitted to the economic development authority on a quarterly basis. The access fee and the state and local contributions pursuant to this section shall be used solely to make payments of principal and interest on the qualified gap funding. E. In the event that the total amount of state and local contributions pursuant to this section and the access fee exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. F. Neither the Commonwealth nor any political subdivision of the Commonwealth shall incur any debt under this section. Nothing in this section shall be construed as authorizing the pledging of the faith and credit of the Commonwealth, or any of its revenues, or the faith and credit of any other political subdivision of the Commonwealth, or any of its revenues, for the payment of any debt or debt financing, or meeting any contractual obligation incurred by the owner or developer of any authorized tourism project of regional significance. G.An authorized tourism project of regional significance that is entitled to and receives revenues pursuant to this section shall not be eligible to receive revenues pursuant to § 53.I-608.3 or 5 . 51.I. 2 11/5/2015 -72- Item -VI-L6 ORDINANCES/RESOLUTIONS ITEM#65417 Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to PURCHASE oyster leases for Lynnhaven River Basin Ecosystem Restoration Project by Voluntary Agreement Voting: 8-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr.,John E. Uhrin and Rosemary Wilson Council Members Voting Nay: John D. Moss Council Members Abstaining: Vice Mayor Louis R.Jones Council Members Absent: James L. Wood November 17, 2015 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO PURCHASE OYSTER 3 LEASES FOR THE LYNNHAVEN RIVER 4 BASIN ECOSYSTEM RESTORATION 5 PROJECT, BY VOLUNTARY AGREEMENT 6 7 WHEREAS, portions of State-owned bottomlands throughout the Lynnhaven 8 River and its creeks, coves and tributaries have been leased to private individuals by 9 the Virginia Marine Resources Commission ("VMRC") for oyster farming; 10 11 WHEREAS, a study is underway to determine the nutrient reduction capabilities 12 of oyster reefs in the Lynnhaven River basin. Water quality benefits realized as a result 13 of the project may help to meet the Lynnhaven River total maximum daily load (TMDL) 14 requirements; 15 16 WHEREAS, while the City is currently coordinating with the U.S. Army Corps of 17 Engineers ("USACE") and VMRC to reserve un-leased bottomlands for the Lynnhaven 18 River Basin Ecosystem Restoration project (the "Project"), it would be beneficial for the 19 City to have the capability to purchase oyster leases, or portions thereof, from lease 20 holders that are willing to sell; 21 22 WHEREAS, some of the areas that have been leased are ideal sites for the 23 construction of reef habitat; 24 25 WHEREAS, the City has been approached by multiple individuals who are willing 26 to transfer their leases to the City specifically for the Project. In addition, oyster leases 27 are periodically advertised as being for sale. However, once leases are on the market, 28 the delay in bringing individual transactions to City Council might cause the City to miss 29 opportunities to purchase the leases; 30 31 WHEREAS, the Project would benefit from the City Manager being authorized to 32 purchase such oyster leases as they became available to the extent agreements can be 33 reached and funds are available. All sales would be conditioned on the USACE 34 confirming each site meets the criteria for the Project; and 35 36 WHEREAS, funds for site acquisition are available in CIP #7-153, "Lynnhaven 37 Watershed Restoration." 38 39 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 That the City Manager, or his designee, is hereby authorized to execute 43 agreements with any holder(s) of a valid oyster lease for the transfer of such oyster 44 leases, and any other documents necessary for the transfer of such leases, to the 45 extent funds are available and in accordance with the Summary of Terms attached 46 hereto as Exhibit A and made a part hereof; and upon such other terms, conditions or i II 47 modifications as may be acceptable to the City Manager and in a form deemed 48 satisfactory by the City Attorney. 49 17th 50 Novemi dppted by the Council of the City of Virginia Beach, Virginia on the day of 51 , 2015. APPROVED AS TO LEGAL APPROV D AS TO CONTENT SUFFICIENCY AND FORM l � 1 City Attorney P is forks Engineering/Water Resources CA13451 R-1 October 30, 2015 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d022\p019\00237331.doc SUMMARY OF TERMS SELLER/TRANSFEROR: The holder(s) of any valid oyster lease of State-owned bottomlands issued by the Virginia Marine Resources Commission ("VM RC") PURCHASER/TRANSFEREE: City of Virginia Beach PURCHASE PRICE: To be negotiated with each leaseholder LOCATION: Within the Lynnhaven River and its tributaries and within the project area of the Lynnhaven River Basin Ecosystem Restoration Project being administered by the Army Corps of Engineers ("ACOE") OTHER TERMS AND CONDITIONS: 1. To the extent funds are available in CIP 7-153 "Lynnhaven Watershed Restoration." 2. Subject to approval of leasehold areas by ACOE and VMRC. 3. In accordance with the provisions of law governing the transfer of leases, as set forth in Va. Code §28.2-600, et seq. 4' G� A aW, 5 City of Virg;irzia Beach X99 k Op OUR NA LOUIS R.JONES PHONE: (757)583-0177 VICE MAYOR FAX (757)588-4659 Refer to File No. 0056655 November 17, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on an Ordinance to Authorize the City Manager to purchase Oyster Leases for the Lynnhaven River Basis Ecosystem Restoration Project, by Voluntary Agreement. 2. I have an oyster lease with respect to property located at 3902 Richardson Road in Virginia Beach. 3. Although I am member of a group—persons with oyster leases for waters located in the Lynnhaven River Basin—the members of which may be affected by this transaction,and the Act would allow me to participate in this matter,I have chosen to abstain from voting on this item. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 Mrs. Ruth Hodges Smith -2- November 17, 2015 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Sincerely, Louis R. J•nes Vice Mayor LJR/RRI � I -73- Item-VI-I.7 ORDINANCES/RESOLUTIONS ITEM#65418 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $460,000 to the Clerk of the Circuit Court for technology needs 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 i i I 1 AN ORDINANCE TO APPROPRIATE $460,000 TO THE 2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY 3 NEEDS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $460,000 is hereby accepted from the Commonwealth of Virginia and 9 appropriated, with estimated state revenue increased accordingly, to the FY 2015-16 10 Operating Budget for the Clerk of the Circuit Court to support technological related needs 11 and upgrades. 17th Adopted by the Council of the City of Virginia Beach, Virginia on the day of November 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: 0.,:)14Q _ Budget aana ement Service City A• •me 's Office g anagement 13522 R-1 November 4, 2015 -74- Item -VI-I.8 ORDINANCES/RESOLUTIONS ITEM#65419 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to APPOINT Brad C. Hudgins as Assistant City Attorney, effective November 22, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 1 A RESOLUTION APPOINTING BRAD C. HUDGINS TO THE 2 POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Brad C. Hudgins is hereby appointed to 8 the position of Assistant City Attorney, effective November 22, 2015. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t-uay of 11 November 2015. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA13520 R-1 October 28, 2015 -75- Item -VI-I.9 ORDINANCES/RESOLUTIONS ITEM#65420 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Treasure Canal, 2305 Spindrift Road, re bulkhead, wharf and boatlift DISTRICT 5 — LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property at Treasure Canal, 2305 Spindrift Road, re bulkhead, wharf and boatlift (GPIN 2409096580) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. Nothing within the Agreement shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. Grantee shall bear all costs and expenses of such removal. 2. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 4. It is further expressly understood and agreed that nothing herein contained in the Agreement shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein; and, to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 5. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. It is further expressly understood and agreed that the Grantee shall establish and maintain a Riparian Buffer, which shall be a minimum of fifteen (15) feet in width landward from the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notes the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. November 17, 2015 -76- Item -VI-I.9 ORDINANCES/RESOLUTIONS ITEM#65420 (Continued) 7. It is further expressly understood and agreed that the Grantee shall establish and maintain six (6) canopy trees (1.5"-2" caliper or large evergreen trees at 6"), twelve (12) understory trees (3/4" — 1.5" caliper or evergreen trees at 4") and eighteen (18) small shrubs or woody ground cover (15"-18"wide) (the "Buffer"), to be planted fifteen (15)feet landward of the bulkhead near the Southern property line. The Buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000,per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 9. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 10. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment. Pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee. If such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. November 17, 2015 -77- Item -VI-L9 ORDINANCES/RESOLUTIONS ITEM#65420 (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 Seventeenth day of November, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS 7 TREASURE CANAL, LOCATED AT 8 THE REAR OF 2305 SPINDRIFT 9 ROAD 10 11 WHEREAS, Lex Properties, LLC has requested permission to remove an 12 existing bulkhead, wharf and boatlift, and construct and maintain timber bulkhead (143' 13 long by 7' high), wharf (4' wide by 80' long), and boat lift (12' wide by 12' long), upon the 14 City Property known as Treasure Canal located at the rear of 2305 Spindrift Road. 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's Property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lex Properties, LLC, its heirs, 25 assigns and successors in title are authorized to remove existing bulkhead, wharf and 26 boatlift, and construct and maintain timber bulkhead (143' long by 7' high), wharf(4' wide 27 by 80' long), and boat lift (12' wide by 12' long), upon the City Property as shown on the 28 map entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD, WHARF & 29 BOAT LIFT IN TREASURE CANAL", a copy of which is attached hereto as Exhibit A, and 30 on file in the Department of Public Works and to which reference is made for a more 31 particular description; 32 33 BE IT FURTHER ORDAINED, that the temporary encroachments are 34 expressly subject to those terms, conditions and criteria contained in the Agreement 35 between the City of Virginia Beach and Lex Properties, LLC (the "Agreement"), an 36 unexecuted copy of which has been presented to the Council in its agenda, and 37 subsequent to execution will be recorded among the records of the Clerk's Office of the 38 Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Lex Properties, LLC and the City Manager or his authorized designee execute 45 the Agreement. 1 I II 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the l 71 fay 47 of November , 2015. CA13264 R-1 PREPARED: 10/21/15 00239468.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL F NCY ' ND FORM: PUBLIC WORKS, REAL ESTA! E CIS Q'4 ID- 2 =10 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 217 day of c�e'j r4431 z?by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LEX PROPERTIES, LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 240" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA., LYNNHAVEN MAGISTERIAL DISTRICT," Scale 1"=100', prepared by Frank D. Tarrall, Jr. & Associates, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2305 Spindrift Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove existing bulkhead, wharf and boatlift, construct and maintain timber bulkhead (143' long by 7' high), wharf (4' wide by 80' long) and boat lift (12' wide by 12' long) collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY CANAL — NO GPIN REQUIRED OR ASSIGNED) GPIN 2409-09-6580 (2305 SPINDRIFT ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Treasure Canal the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BULKHEAD, WHARF & BOAT LIFT IN TREASURE CANAL," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The 3 Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee shall establish and maintain 6 canopy trees (1.5"-2" caliper or large evergreen trees at 6"), 12 understory trees (3/4" — 1.5" caliper or evergreen trees at 4") and 18 small shrubs or woody ground cover (15"-18" wide) (the "Buffer"), to be planted fifteen (15) feet landward of the bulkhead near the southern property line. The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or 4 contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 5 IN WITNESS WHEREOF, the said LEX PROPERTIES, LLC, a Virginia limited liability company, has caused this Agreement to be executed by its Managing Members, Ryan Hannay and Stephanie Hannay, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 LEX PROPERTIES, LLC, ,ososi" ""',v,, ,` a Virginia limited liability company ` c`of' A M. oo. sT� �tio By: :• 2ssss ;• z= Stepha ie Ha y ,�y .(i�l °rG •�\ `r• � Managing Me er -,�9� ' ••.c .•••'O %,,,ttttttt�h OF VAR By: 4€ .i�GIA 4'/''�,, NOTq. � . Ryan Hanna oo • 9� 0 Managing 17 ber =� c4-#0Q9 s�ssz" Zla 3 OFs .1i 6. J STATE OF V(2--61`1`11 t A ''-ie ../.c ... G� CITY/COUNTY OF V t 2 Jia} ZOICtt to-wit: O Np ,a�''' The foregoing instrument was acknowledged before me this 3011' day of , 2015, by Stephanie Hannay, Managing Member of LEX PROPERTIES, LLC, a Virginia limited liability company. oftGIA 41 Notary Public �9<.0 Notary Registration Number:—15 -'5 5 =° A 3.7(*,,s, My Commission Expires: ccx. 3t ,2-01(4 = FgGe��'6 ��,' STATE OF V ''�Ty OF Vtp`�;.``' CITY/COUNTY OF L."A ? tet, to-wit: The foregoing instrument was acknowledged before me this 301" day of l _ , 201x, by Ryan Hannay, Managing Member of LEX PROPERTIES, LLC, a Virginia limited liability company. _ O 114 Notary Public oo, s. s . Notary Registration Number: s2-s�s� 'o ro3p/9�ss9 i My Commission Expires: ?ore 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE P : 1 '. ' RMEYER, ASSOCIATE CITY ATTORNEY 'c DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 9 1 i II ------------2225'10 BROAD BAY BUFFER REQUIREMENTS _`•^'••••:"....• 1,61.53' RD SPINDRIFT RD PIN(F) R.2311. ?.::......... 2154 SF OF BUFFER RESTORATION RESULTS FROM A 15 WIDE STRIP. - 4 7y THE VDCR GUIDANCE MANUAL R. .50 REQUIREMENT PER APPENDIX D, 'DOS TABLE A: PROPERTY LINE r (6)CANOPY TREES ✓ @1.5"-2"CALIPER Zs OR LARGE EVERGREEN @6' �7'°' (12)UNDERSTORY TREES R$0pn, @3/4"-1.5"CALIPER OR EVERGREEN @4' f (18)SMALL SHRUBS OR WOODY GROUND COVER PIN(F) @15"-18' d1 Iz 10' 0' 10' 20' 40' a �PROPERTY LINE #2305 SCALE:i"=40' BAY ISLAND SEC 2 LOT 241 3 1°01P e N/F JON MCLEAN RIDDEL 2309 SPINDRIFT RD GPIN:24090955630000 y DOCA 20120613000655510 MB 48 PG 15 BAY ISLAND SEC 2 LOT 240 TREE N/F LEX PROPERTIES LLC 2305 SPINDRIFT RD BAY ISLAND SEC 2 LOT 239 GPIN:24090965800000 N/F KEVIN GLADSTONE ° MB 48 PG 15 I 2301 SPINDRIFT RD GPIN:24090984270000 OTHERS MDB 9 PG 15227001463090 EXISTING 1 INSTALL BUFFER 15 STRIP BULKHEAD BOATLIFT 32PIER /_______21"-.. � ""'�-w. ° �RING 31' 41lll 143,53•N75^ PILES /AllllllllllllllU! 3rW 9I/I►Mlxi� ° PROPO&ED NEW BULKHEAD 1 L�/II`I/I//IIlIII/II(I(�111 32' ° 2.3' 1 WHARF 8 BOATLIFT �T+� 23'- ••"lllll---__ SHOWN AS SOLID-LINES - 33'^ -`'r—' —' \ eo' 1r� \ 18 ��LWW—•— MLW 8 MHW TREASURE CANAL AT BULKHEAD OTHERS EXISTING PIER PROPERTY OF VA BEACH CITY \ REVETMENT FT 8 RUBBLE \ EXISTING BULKHEAD,WHARF 8 BOATLIFT TO BE REMOVED \SHOWN AS PHANTOM LINES 32' CANAL CENTERLINE _K41)ALTH op P MLW 8 MHW AT BULKHEAD �P `r BAY ISLAND SEC 1 LOT 52 FAR SIDE OF CANAL BAY ISLAND SEC 1 LOT 56 N/F ROBERT PELLERIN N/F ALBERT FISHER n WINDWARD SHORE gkyj 2008 COMPASS CIR GPIN:24090953200000 GPIN:22424090981460000000DR DAVID KL.EDL11� a DB 2203 PG MB 45 PG 371417 BAY ISLAND SEC 1 LOT 55 DB 1065 PG 180 N/F DAVID DARROW MB 45 PG 37 2244 WINDWARD SHORE DRIVE Li.. No.034674 BAY ISLAND SEC 1 LOT 53 , GPIN:24090970550000 N/F DON MYERS DOC#200509020140924 10 3/26/201`5 2004 COMPASS CIR BAY ISLAND SEC 1 LOT 54 MB 45 PG 37 r�� GPIN:24090962200000 N/F WILLIAM BURRELL ‘C.,), DOC#200207313010058 2248 WINDWARD SHORE DR `s'iONAL MB 45 PG 37 GPIN:24090950810000 DB 3466 PG 1653 MB 45 PG 37 EXHIBIT A PREPARED BY: MARINE ENGINEERING APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT 4212 DOUGHERTY CT LEX PROPERTIES LLC OF VIRGINIA BEACH, VA 23455 1624 LASKIN ROAD SUITE 736 BULKHEAD, WHARF & BOAT LIFT SHEET 1 OF 1 VIRGINIA BEACH, VA 23451 IN TREASURE CANAL DATE: NOVEMBER 26, 2014 -78- Item—VI-J PLANNING ITEM#65421 1. JAMES O.HERTZ, JR. SUBDIVION VARIANCE 2. JOHN&RANDI VOGEL/HUNT CLUB FARM MODIFICATION OF CONDITION 3. PRICE'S HOLDINGS,LLC CONDITIONAL USE PERMIT 4. ONPOINT SECURITY ACADEMY,LLC CONDITIONAL USE PERMIT 5. JIM GOLDEN&MELISSA TEXTOR CONDITIONAL USE PERMIT 6. SECOND SHOT,LLC CONDITIONAL USE PERMIT 7. LUXURY AUTO RENTALS AND SALES,LLC CONDITIONAL USE PERMIT 8. JUMP TRAMPOLINE PARK CONDITIONAL USE PERMIT 9.PRINCESS ANNE MEADOWS,LLC CONDITIONAL CHANGE OF ZONING 10. M&K INVESTMENTS,LLC CONDITONAL CHANGE OF ZONING 11. CITY OF VIRGINIA BEACH AMEND ZONING ORDINANCE& OFFICIAL ZONING MAP MAYOR SESSOMS WILL ABSTAIN ON ITEM#2 MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 ITEM#9 WILL BE DEFERRED TO DECEMBER 8, 2015 November 17, 2015 ii -79- Item -VI-J PLANNING ITEM#65422 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 1, 2(MAYOR ABSTAIN), 3, 4(SESSOMS ABSTAIN), 5, 6, 7, 8, 9(DEFER TO DECEMBER 8, 2015), 10 and 11 a/b of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 -80- Item—VI-J.1 PLANNING ITEM#65423 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of JAMES O. HERTZ, JR.,for a Subdivision Variance for property to the East side of Muddy Creek Road, North of the intersection with Drum Point Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JAMES O. HERTZ, JR., for a Subdivision Variance for property to the East side of Muddy Creek Road, North of the intersection with Drum Point Road (GPINs 2420064884 and 2420263519)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The site shall be substantially as shown on the submitted Plan entitled "PRELIMINARY SUBDIVISION PLAT OF PARCEL "1"AND PARCEL "2" PROPERTY OF JAMES O. HERTZ & JACQUELYN W. HERTZ", dated July 09, 2015, and prepared by Fox Land Surveying. 2. The above referenced Subdivision Plat must be submitted to the Planning Department, Development Services Center,for review and recordation. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 -81- Item—VI-J.2 PLANNING ITEM#65424 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED,BY CONSENT:Application of JOHN&RANDI VOGEL/HUNT CLUB FARM and A-IA, LLC / A-2, LLC, for Modification of Condition No. 2 re an outdoor recreation (approved December 2, 2014) at 2356, 2388, 2412, 2416 and 2427 London Bridge Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JOHN & RANDI VOGEL / HUNT CLUB FARM and A-1A,LLC/A-2,LLC,for Modification of Condition No. 2 re an outdoor recreation (approved December 2, 2014) at 2356, 2388, 2412, 2416 and 2427 London Bridge Road (GPINs 2405914155, 2405916438, 2405812185 and 2405900607) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. Except as modified by any of the conditions below, all conditions associated with the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014,shall remain in full effect. 2. Condition No. 2 of the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014, shall be deleted and replaced with the following to include the addition of the aviary and restroom facilities within the Christmas Barn. The activities held on site shall operate in the locations and facilities as depicted on the submitted Site Plan entitled "EXHIBIT, HALLOWEEN EVENT ACCESS PLAN- OVERVIEW OF FACILITIES AT HUNT CLUB FARM, MODIFICATION OF CONDITIONS, OCTOBER 14, 2015", (the "Site Plan") dated July 10, 2014, and prepared by Gallup Surveyors and Engineers, Ltd. 3. The structure, identified on the approved Site Plan as "Christmas Barn" shall continue to be used during the Winter Wonderland/Holiday Display as specified in Condition No. 9 of the approval by the City Council on December 2, 2014. In addition, the structure shall be used in the operation of the Summer Camp and for occupancy during charity events and special events (as identified in Condition No. 15 of the December 2, 2104, approval). Prior to the structure being occupied for these additional uses, the applicant shall obtain a Certificate of Occupancy for the structure from the Planning Department, Permits and Inspections Division for each separate eventual use. 4. Two weeks prior to every charity event and special event, as described in Condition No. 15 of the approval on December 2, 2014, the applicant shall note the following City agencies: Police Department, Fire Marshal Bureau, Commissioner of Revenue, Zoning Department, current Planning Department and Health Department. Notification shall be given by contacting the City of Virginia Beach, Resort Management Special Events Department. There shall be no fee or separate application process associated with this notification for the twenty-four (24) events permitted per calendar year. Additionally, the applicant will appear before the Virginia Beach Special Events Task Force fou'r(4) times per year to inform the Task Force of all upcoming events in the coming months. [THIS CONDITION SHALL REPLACE CONDITION NO. 16 OF THE APPROVED CONDITIONS FROM DECEMBER 2, 2014.] November 17, 2015 11 -82- Item—VI-J.2 PLANNING ITEM#65424 (Continued) This Ordinance shall be effective in accordance with Section 107(J) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, Two Thousand Fifteen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and Rosemary Wilson Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: James L. Wood November 17, 2015 11 ‘141.A'$E4c ty 1, 1. City of Vir irzia I leach z 1ry9+S aOFA` Of OUR NA�1�s VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com In Reply Refer to 0056650 November 17, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of John and Randi Vogel and Hunt Club Farm for a Modification of Conditions of a Conditional Use Permit approved by City Council on December 2, 2014 regarding property owned by A-lA,LLC and A-2,LLC located at 2356,2388, 2412, 2416 and 2427 London Bridge Road. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The applicants have identified TowneBank as a financial services provider with respect to this application, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- November 17, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, ilham D. essoms Mayor WDS/RRI I it -83- Item—VI-J.3 PLANNING ITEM#65425 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of PRICE HOLDINGS, LLC, for a Conditional Use Permit and change in a Non-Conforming Use re auto repair/sales at 5059 Cleveland Street DISTRICT 4 —BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PRICE HOLDINGS, LLC, for a Conditional Use Permit and change in a Non-Conforming Use re auto repair/sales at 5059 Cleveland Street (GPIN 1467843424) DISTRICT 4 —BAYSIDE The following conditions shall be required: 1. The site shall be developed substantially in conformance with the submitted, undated, Site Plan entitled, "Price's Transmission," prepared by Pennoni Associates. 2. The building renovations shall be substantially in keeping with the submitted architectural renderings dated July 7, 2015, and prepared by Ionic Dezign Studios. 3. Any new freestanding sign shall be monument style with a maximum height of eight (8)feet. 4. A detailed Landscape Plan shall be submitted to the DSC Landscape Architect for review and approval prior to issuance of a Building Permit. 5. The floor of the motor vehicle repair facility should be washed down daily or weekly into a drop inlet leading to an oil-water separator before entering the City's sanitary sewer system. Effluent from the oil-water separator must not be channeled into the City's storm drainage system because of its unknown chemical content. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 11 1 A RESOLUTION AUTHORIZING THE RELOCATION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 5059 CLEVELAND STREET 4 5 WHEREAS, Price's Holdings LLC, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to relocate a nonconforming use located 7 at 5059 Cleveland Street in the I-1 Industrial Zoning District by relocating the motor 8 vehicle sales currently on the property; and 9 10 WHEREAS, this lot currently contains motor vehicle sales, which is not an 11 allowed use in the I-1 Industrial Zoning District; and 12 13 WHEREAS, the use was established prior to the adoption of the applicable 14 zoning regulations and is therefore nonconforming; and 15 16 WHEREAS, the Planning Commission of the City of Virginia Beach 17 recommended approval of this application on October 14, 2015; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the relocation 20 of a nonconforming use is unlawful in the absence of a resolution of the City Council 21 authorizing such action upon a finding that the proposed use, as relocated, will be 2.2 equally appropriate or more appropriate to the zoning district than is the existing use. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed use of the lot, as relocated, 28 will be equally appropriate to the district as is the existing nonconforming use under the 29 conditions of approval set forth herein below. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the relocation of the nonconforming use is hereby authorized, upon the 35 following conditions: 36 37 1. The site shall be developed substantially in conformance with the 38 submitted, undated, site plan entitled "Price's Transmission," prepared by 39 Pennoni Associates. Said plan has been exhibited to the City Council and 40 is on file in the City of Virginia Beach Planning Department. 41 42 2. The building renovations shall be substantially in keeping with the 43 submitted architectural renderings dated July 7, 2015 and prepared by 44 ionic dezign studios. Said renderings have been exhibited to the City 45 Council and are on file in the City of Virginia Beach Planning Department. 46 111 47 3. Any new freestanding sign shall be monument style with a maximum 48 height of eight (8)feet. 49 50 4. A detailed landscape plan shall be submitted to the Development Services 51 Center Landscape Architect for review and approval prior to the issuance 52 of a building permit. 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of November 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .).1111. t ALsi Planning Department i itt. ney's Office CA13511 R-1 October 21, 2015 2 1 II TA .J. CC 4 L . , a ; * . , .... ...„ 0c‘ --...... a) _ » i{ 1 0 WCe 1 0 o et Zg z § c". ►r 1 44 11.1 1 fir .... U M I r2 = t IR 1111 i -c, CI A U 1-6J MAI 440 g l► s Oboki313n01404,14 440001 W LLI ICCW al IAO I CI 2 It le" cibr CZ I No (40W -84- Item—VI-J.4 PLANNING ITEM#65426 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of ONPOINT SECURITY ACADEMY, LLC and MADIX ASSOCIATES, LLC,for a Conditional Use Permit re a vocational school at 4604 Westgrove Court DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ONPOINT SECURITY ACADEMY, LLC and MADIX ASSOCIATES,LLC,for a Conditional Use Permit re a vocational school at 4604 Westgrove Court (GPIN 1478450786) DISTRICT 4—BAYSIDE The following conditions shall be required: 1. All signage shall be designed to complement the existing building and shall adhere to all applicable requirements of the Zoning Ordinance. 2. No live firearms training shall be permitted on the property. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, Two Thousand Fifteen. Voting: 9-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin and Rosemary Wilson Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: James L. Wood November 17, 2015 I i Ili J�4co1A"BE4C,�L F° City of 'Vir irnia i beach 19 <451 r. . OF OUR NPCO°4 VBgov.com WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessomsC8vbgov.com In Reply Refer to 0056648 November 17, 2015 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Dear Mrs. Fraser: Pursuant to the State and Local Government Conflict of Interests Act,I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of OnPoint Security Academy,LLC for a Conditional Use Permit for property located at 4604 Westgrove Court. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The applicants have identified TowneBank as a financial services provider with respect to this application, and I will abstain from voting on this matter. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- November 17, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, kfri( William D. Sessoms Mayor WDS/RRI -85- Item—VI-J.5 PLANNING ITEM#65427 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of JIM GOLDEN, MELISSA TEXTOR and MARINA SHORES REPAIR CORP.,for Conditional Use Permits re truck/trailer rentals, bulk storage yard and open air market at 2865 Lynnhaven Drive DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JIM GOLDEN, MELISSA TEXTOR and MARINA SHORES REPAIR CORP.,for Conditional Use Permits re truck/trailer rentals, bulk storage yard and open air market at 2865 Lynnhaven Drive (GPIN 1499389741)DISTRICT 5—LYNNHAVEN The following conditions shall be required: TRUCK AND TRAILER RENTAL: 1. No more than a total of six (6) trucks or trailers shall be kept on site. Trucks or trailers available for rental shall be located as shown on the exhibit titled, "Joint CUP Site Exhibit, "prepared by Staff and dated October 1, 2015. OPEN AIR MARKET: 1. This Use Permit is temporary and shall be valid for no more than three hundred sixty-five (365) consecutive days following the date of City Council approval. After said duration of time, per Section 221(k) the Zoning Administrator may choose to renew the Conditional Use Permit. 2. The trailer shall be located as shown on the exhibit titled, "Joint CUP Site Exhibit," prepared by Staff and dated October 1, 2015. The proposed use shall not interfere with any required drive aisles. 3. Per Section 239.03(1) of the City Zoning Ordinance, a minimum of nine (9) on-site parking spaces shall be reserved for the use. 4. Per Section 239.03(2) of the City Zoning Ordinance, two (2) trash receptacles shall be provided for the use. Trash receptacles shall not be separated from the use by a drive aisle. 5. Per Section 239.03(3) of the City Zoning Ordinance, merchandise, stalls or other materials shall not be stored outdoors while the use is not open for business. 6. Per Section 239.03(4) of the City Zoning Ordinance, the operation shall be restricted to the time between 9:00 A.M. and 5:00 P.M. 7. Per Section 239.03(5) of the City Zoning Ordinance, the operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. November 17, 2015 -86- Item—VI-J.5 PLANNING ITEM#65427 (Continued) BULK STORAGE: 1. Only tenants of the Western 30,416 square foot commercial building may use storage containers. Storage containers may be used for the storage of goods or materials related to the use the respective tenant operates on-site. Bulk Storage shall not be provided for tenants of the 11,500 square foot building located at the Northeast corner of the site or other parties located off-site. 2. No more than a total of three (3) storage containers shall be allowed. Containers shall not exceed a height of nine (9)feet. 3. A row of evergreen landscaping shall be installed on the Western property line for the length of the Western commercial building. Landscaping shall be maintained in good health and at a height of no less than eight(8)feet at maturity. Upon failure to grow, the landscaping shall be replaced. 4. If stored outside of the commercial building, excess inventory of on-site uses must be completely enclosed in a storage container. No goods, materials, equipment, trailers or other items shall be stored on this site outside of a storage container. 5. The location of storage containers and landscaping shall be substantially as shown on the exhibit titled, "Joint CUP Exhibit, "as prepared by Staff and dated October 1, 2015. No bulk storage shall be located in the public right-of-way. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 -87- Item—VI-J.6 PLANNING ITEM#65428 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of SECOND SHOT, LLC and ALBERT VINCIGUERRA, for a Conditional Use Permit re a tattoo parlor at 5759 Princess Anne Road DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of SECOND SHOT, LLC and ALBERT VINCIGUERRA, for a Conditional Use Permit re a tattoo parlor at 5759 Princess Anne Road (GPIN 1457948060) DISTRICT 2 — KEMPSVILLE The following conditions shall be required: 1. A Business License shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattoo application shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows or on the doors. A separate Sign Permit shall be obtained from the Planning Department for the installation of any signage. 4. Prior to the issuance of a Certificate of Occupancy, the storage container at the rear of the building shall be removed from the property. 5. To the greatest extent possible, Category I landscape material shall be installed along the property line adjacent to Southern Boulevard. 6. This Conditional Use Permit for a tattoo parlor shall expire in ten (10)years from the date of City Council approval. To continue the use of the site for a tattoo parlor after such expiration, administrative approval shall be obtained from the Planning Director. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, Two Thousand Fifteen. November 17, 2015 I -88- Item—VI-J.6 PLANNING ITEM#65428 (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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 L -89- Item—VI-J.7 PLANNING ITEM#65429 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of LUXURY AUTO RENTALS & SALES, LLC and MALIBU FLORIDA HOLDING, INC., for a Conditional Use Permit re auto sales/repair at 3783 Bonney Road DISTRICT 5—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of LUXURY AUTO RENTALS & SALES, LLC and MALIBU FLORIDA HOLDING,INC.,for a Conditional Use Permit re auto sales/repair at 3783 Bonney Road (GPIN 1487337843) DISTRICT 5—LYNNHAVEN The following conditions shall be required: 1. Development of the subject site and the vehicle display areas shall substantially conform to the site exhibit titled, "SELECT SALES CENTER," dated 9-2-15 and as prepared by GMF Associates as well as the rendering titled, "SELECT SALES CENTER, " dated 8-27-15 and as prepared by GMF Associates. 2. No motor vehicles in disrepair, or waiting to be repaired, shall be stored outside. 3. The Use Permit is temporary and shall be valid for no more than ten (10) consecutive years following the date of City Council approval. After said duration of time, per Section 221(k), the Zoning Administrator may choose to renew the Conditional Use Permit. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 II -90- Item—VI-J.8 PLANNING ITEM#65430 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of JUMP TRAMPOLINE PARK and GENERAL GROWTH PROPERTIES, for a Conditional Use Permit re indoor recreation at 701 Lynnhaven Parkway DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JUMP TRAMPOLINE PARK and GENERAL GROWTH PROPERTIES,for a Conditional Use Permit re indoor recreation at 701 Lynnhaven Parkway (GPIN 1496461559) DISTRICT 3—ROSE HALL The following condition shall be required: The exterior modifications to the existing building shall be in substantial conformance with the exhibit entitled, "Jump Virginia Shell, Lynnhaven Mall, Virginia Beach — VA," prepared by Chadha +Associates, dated July 29, 2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 I II -91- Item—VI-J.9 PLANNING ITEM#65431 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO DECEMBER 8, 2015, BY CONSENT:Application of PRINCESS ANNE MEADOWS,LLC and FIVE MILE STRETCH ASSOCIATES, LLC, JAMES T. CROMWELL (SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER), LOLITA C.ARLAR and E.S.G. ENTERPRISES,INC.,for a Conditional Change of Zoning from AG-1 and AG-2 to Conditional R-10 Residential at 2800-2900 Princess Anne Road on the Northeast side of Princess Anne Road, opposite Virginia Beach National Golf Course to develop a single-family residential subdivision DISTRICT 7—PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 -92- Item—VI-J.10 PLANNING ITEM#65432 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED, BY CONSENT: Application of M & K INVESTMENTS I, LLC, for a Conditional Change of Zoning from B-2 and B-1 Business and R-7.5 Residential to B-2 Community Business at 1081 and 1091 Norfolk Avenue to allow the lease of space in a commercial center DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of M& K INVESTMENTS I, LLC,for a Conditional Change of Zoning from B-2 and B-1Business and R-7.5 Residential to B-2 Community Business at 1081 and 1091 Norfolk Avenue to allow the lease of space in a commercial center (GPINs 2417540166,2417543201 and 2417542185)DISTRICT 6—BEACH The following conditions shall be required.' The addition of the privacy fence along the Eastern and Southern property lines of the two new parcels being added to the Commercial Center. An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 i II e-0,11,A.BE.,4c, i � 4:-N '� CITY OF VIRGINIA BEACH ,*NI t „." INTER-OFFICE CORRESPONDENCE S Oo V .; xS I ' 2 ''F OUR NPt\O In Reply Refer To Our File No. DF-9341 DATE: November 4, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils6k DEPT: City Attorney RE: Conditional Zoning Application; M & K Investments I, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 17, 2015. I have reviewed the subject proffer agreement, dated August 6, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen M & K INVESTMENTS I, LLC, a Delaware limited liability company THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 6th day of August, 2015, by and between M & K INVESTMENTS I, LLC, a Delaware limited liability company, party of the first part, Grantor; THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, with improvements thereon, containing approximately 1.561 acres designated "Parcel 1" as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the party of the second part is the owner of those two (2) parcels of land located in the Beach District of the City of Virginia Beach, Virginia, containing approximately 0.122 acres, designated "Lot 1" and "Lot 10" as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, which lots along with Parcel 1 are collectively herein referred to as the"Property"; and WHEREAS, the party of the first part, as owner of Parcel 1 and contract purchaser of Lots 1 and 10 has initiated a conditional amendment to the Zoning Map of the City of GPIN: 2417-54-0166 (Parcel 1) 2417-54-3201 (Lot 1) 2417-54-2185 (Lot 10) PREPARED BY: MU SYKES,BOURDON. AHERN&LEVY.P.C. Prepared By: R. Edward Bourdon,Jr., Esquire VSB #22160 Sykes, Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach,Virginia 23462 II Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of Parcel i from B-i Neighborhood Business District and of Lots i and io from R-7.5 Residential District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the party of the first part's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. All outdoor lighting shall be shielded, deflected, shaded and focused to PREPARED BY: Q : Sg'ICES,i$OURDON. direct light down onto the premises and away from adjoining property. AllEPN&LEVY. .C. 2. The following uses which are permitted in the B-2 Community Business District and are listed as "compatible (y)" under Section 1804(b) of the Grantee's Zoning 2 Ordinance, as applicable to building area on the Property located in Accident Potential Zone Two ("APZ-II") , shall be permitted uses on the Property: a. Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; b. Greenhouses and plant nurseries; c. Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; d. Medical laboratories; e. Newspaper printing and publishing,job and commercial printing; f. Public utilities offices; g. Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; further provided that adult bookstores shall be prohibited from locating within five hundred feet (500') of any apartment or residential district, single or multi-family dwelling, church, part or school; h. Specialty shops. The 5,85o square feet of gross floor area of Eating and Drinking Establishment use currently located on the Property, which is permitted in the B-1 Neighborhood Business District, but is listed as "Not Compatible (N)" in APZ-II in Table 2 of Section 1804(b) of the Grantee's Zoning Ordinance, is permitted on the Property as a non-conforming use but shall not expand beyond the current 5,850 square feet of gross floor area. 3. The party of the first part shall record a Resubdivision Plat vacating all interior property lines between the three (3) parcels, as well as, landscape and improve the 0.122 acres on the eastern end of the Property for use as overflow parking, substantially as depicted on that plat entitled, "REZONING EXHIBIT OF GPIN: 2417-54-3201 and 2417- 54-2185", dated April 23, 2013, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-1 Neighborhood Business and B-2 Community Business Districts and to the requirements and regulations applicable thereto refer to the PREPARED BY: OM SUts,BOURDON, Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia rall RN&LEVY. 'C-. Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 3 I III The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and PREPARED BY: SYKES.BOURDON, (4) The Zoning Map may show by an appropriate symbol on the map the did ARERN&LEV1'.1➢.C. existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office 4 II of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: MEI SYICPS,BOURDON, AERN&LEVY.P.C. 5 i III WITNESS the following signature and seal: Grantor: M & K Investments I, LLC, a Delaware limited liability company By: /1.! (SEAL) k Mousouris, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this loth day of August, 2015, by Mark Mousouris, Manager of M & K Investments I, LLC, a Delaware limited liability company, Grantor. 1/4 JCI e Notary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 0P' A. y ;41) 0 7 lieue PREPARED BY: NU SYKES,IOURDON, GNI ARERN&LEVY.P.C. 6 i 1 II WITNESS the following signature and seal: Grantor: The City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia 4 y`►i! ,figt (SEAL) .____A544.A...e:; _A_- ..,, J es K. pore, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: I, 09- - Q Gtc o J+r`-- , a Notary Public in and for the City and State aforesaid, do hereby certify that James K. Spore, City Manager pursuant to §2-154 of the City Code, whose name is signed to the foregoing agreement, has acknowledged the same before me in my City and State aforesa'd. GIVEN under my hand this / 9 day of August, 2015. 41111 i Q Notary Public My Commission Expires: Notary Registration Number: '7 °-1 3 053 „4,,,,,,,,',,, Sandy Marie M&oitiary 1. Commonwealth or Virginia �tkit Notary Public �f t i. $ Commission No.7073053 Zni0 e My Commission Expires 12/31/201r PREPARED BY: 1013 SYKES.POURDON, OM AIIERN&LEVY,PC. 7 I I II EXHIBIT "A" Parcel 1: ALL THAT certain lot, piece or parcel of land located in the City of Virginia Beach, Virginia, being known, numbered and designated as "1.561 AC", being bounded on the north by Southern Boulevard, on the west by South Birdneck Road, on the south by Long Street Avenue, and on the east by "Olive Heights (M.B. 12, P. 49)", as shown on a certain survey entitled, "Boundary Survey of Property of Inez Capps Hyman, et al. dated March 11, 1986, Lynnhaven Borough, Virginia Beach, Virginia", prepared by Talbot Associates, Ltd, Architects, Engineers, Planners, Surveyors, Landscape Architects, which said survey is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2486, at Page 1738. GPIN: 2417-54-0166 Lot 1: ALL THOSE certain lots, tracts or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "LOT 1 MARY E. PARSONS D.B. 201 PG 372 MB12 PG 49 GPIN 2417-54- 32013,636 S.F. 0.083 AC" and further described as "TOTAL AREA = 3,636 S.F. 0.083 Ac. GPIN 2417-54-3201" and "TAKING AREA = 3,636 S.F. 0.083 Ac. GPIN 2417-54-3201" as shown on that certain plat entitled: "AMENDED PLAT SHOWING PROPERTY TO BE ACQUIRED FOR BIRDNECK ROADWAY PROJECT BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM PARCEL 113 MARY E. PARSONS Virginia Beach, Va.", Scale: 1" = 20', revised through 4/18/05, prepared by Patton Harris Rust & Associates, pc, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200504200058750 to which reference is made for a more particular description. GPIN: 2417-54-3201 Lot 10: ALL THOSE certain lots, tracts or parcels of land, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "LOT 10 MARY E. PARSONS D.B. 304 PG 491 MB 12 PG 49 GPIN 2417-54- PREPARED BY: 2185 1,698 S.F. 0.039 AC" and further described as "TOTAL AREA = 1,698 S.F. 0.039 Ac. GPIN 2417-54-2185" as shown on that certain plat entitled: "AMENDED PLAT SHOWING OW SYK S,fOURDON. PROPERTY TO BE ACQUIRED FOR BIRDNECK ROADWAY PROJECT BY THE CITY OF diff AERN&LEVY.P.C. VIRGINIA BEACH, VIRGINIA FROM PARCEL 113 MARY E. PARSONS Virginia Beach, Va.", Scale: 1" = 20', revised through 4/18/05, prepared by Patton Harris Rust & Associates, pc, which plat is duly recorded in the Clerk's Office of the Circuit Court of the 8 City of Virginia Beach, Virginia, as Instrument Number 200504200058750 to which reference is made for a more particular description. LESS AND EXCEPT that portion of the property designated and described as "PROPOSED R/W AREA (313 S.F. 0.007 Ac.)" and further described as "PROPOSED R/W AREA = 313 S.F. 0.007 Ac.", as shown on the above referenced plat. GPIN: 2417-54-2185 H:\AM\Conditional Rezoning\M&K Investments I\Proffer_clean 7-22-15.doc PREPARED BY: On SYKES.BOURDON, d�MIcRN&LEVY.P.C. 9 MI ii------/ M 13 c cid -________:______, to •fti • /1111.4 -----_ 1 ; i I : • 1! (01\A 7 (--,.. 03 0 `' --- r • ( O +14 icy f, V.. 1�1 j �k V� 1 rr �.�� I .� 11/4 1` N 70. '''' \\*...:\-N ' 7/1 nli 44 it V7 '.1. r 'l`4,` C \\\\ if : ,Al 4: it\ /14,...14.1101 .41,41..i."'"-.. • \ rti 0 NNI: tt et eh ,, /:t A 4 ‘ ti ..„.. _ , o 1111\4\\ , N e 3�a8 N ,,.,� �a --,---.,. LI. d 04 S C°1 NQ -3133"11113: i • riko TI I NI oCO Ai ale ck. :. tz 00-1 f-7 j — til r '3 Wlit J40-6mZ I ` 11 -93- Item—VI-J.11 a/b PLANNING ITEM#65433 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT,Application of CITY OF VIRGINIA BEACH: a. Ordinance to AMEND the Zoning Ordinance to ESTABLISH the North End Overlay and set forth special regulations for the District b. Ordinance to AMEND the official Zoning Map to ADD the North End Overlay District DISTRICT 5—LYNNHAVEN This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Seventeenth day of November, 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 II 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2 102 AND 200, AND ADD A NEW SECTION 506, OF THE 3 CITY ZONING ORDINANCE, ESTABLISHING THE NORTH 4 END OVERLAY ORDINANCE AND SETTING FORTH 5 SPECIAL REGULATIONS FOR THE DISTRICT AND TO 6 AMEND THE OFFICIAL ZONING MAP BY DESIGNATING 7 THE NORTH END OVERLAY DISTRICT THEREON 8 9 Sections Amended: City Zoning Ordinance Sections 102 10 and 200 11 12 Section Added: City Zoning Ordinance Section 506 13 14 15 WHEREAS, the public necessity, convenience, general welfare and good zoning 16 practice so require; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That Sections 102 and 200 of the City Zoning Ordinance are hereby amended, 22 and a new Section 506 of the City Zoning is hereby added, establishing the North End 23 Overlay District and setting forth regulations pertaining to the district, and amending the 24 official zoning map by designating the North End Overlay District thereon, to read as 25 follows: 26 27 ARTICLE 1. GENERAL PROVISIONS 28 . . . . 29 30 Sec. 102. Establishment of districts and official zoning maps. 31 32 (a) In order to carry out the purposes and provisions of this ordinance, the 33 following districts are hereby established, the numbered categories of which are hereby 34 listed in order from most restrictive to least restrictive: 35 . . . . 36 37 (a2) There is hereby established the North End Overlay District. Such district 38 shall be designated on the official zoning map by the notation "(NE)" following the 39 designation of the underlying zoning district. As an illustration, property lying within the 11 40 North End Overlay District and the R-5R Residential Resort District shall be designated 41 on the official zoning map as having the classification "R-5R(NE)." 42 43 COMMENT 44 45 The amendments add the North End Overlay District as a zoning district of the City and 46 specify how the district is to be designated. 47 48 . . . . 49 50 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 51 ALL DISTRICTS 52 53 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 54 PARKING, OFF-STREET LOADING, AND CERTAIN USES 55 56 Sec. 200. Lots 57 . . . . 58 59 (g) Erection of structures on lot. Except as herein provided, or as provided in 60 the Oceanfront Resort District Form-Based Code, there shall be no more than one (1) 61 single-family detached dwelling, semidetached dwelling or duplex erected on a lot; 62 provided, however, that one (1) single-family detached dwelling and one (1) ancillary 63 single-family detached dwelling shall be allowed on lots within the R-5D(OB) Residential 64 Duplex District or any Apartment or Resort Tourist District within the Old Beach Overlay 65 District, in accordance with the provisions of Section 1903, and two (2) single-family 66 dwellings shall be allowed on lots within the R-5R(NE) North End Overlay District on 67 which duplexes are allowed as a principal use, in accordance with the provisions of 68 Section 506. Except where a greater setback or buffer is required, the setback for any 69 such dwelling from a permanent body of water shall be no less than five (5) feet, as 70 measured from the mean high water mark of tidal bodies of water and from the normal 71 water level of nontidal bodies of water, in any zoning district. 72 73 COMMENT 74 75 The amendment is needed in order to maintain consistency between this section and the 76 provisions of Section 506,which sets forth the regulations of the North End Overlay District. 77 78 2 79 ARTICLE 5. RESIDENTIAL DISTRICTS 80 81 . . . . 82 83 Sec. 506. North End Overlay District. 84 85 (a) District boundaries. The boundaries of the North End Overlay District 86 shall be as designated on the official zoning map of the city. 87 88 (b) Application of regulations. The designation of any property as lying within 89 the North End Overlay District shall be in addition to, and not in lieu of, the underlying R- 90 5R Residential Resort District classification of such property. All such property shall be 91 subject to the applicable provisions of this section as well as to all other regulations 92 applicable to it, and to the extent that any provision of this section conflicts with any 93 other ordinance or regulation, the provisions of this section shall control. 94 95 (c) Special regulations for development. Permitted uses and structures and 96 dimensional requirements for uses and structures located within the North End Overlay 97 District shall be as specified in Sections 501 and 502, respectively; provided, however, 98 that two single-family dwellings may be located on a single lot if the following standards 99 are met: 100 101 (1) Dimensional requirements generally. Unless otherwise specified 102 herein or in subsection (d), dimensional requirements shall be 103 those applicable to duplex dwellings in the R-5R Residential District 104 'Section 502 (b1)1; 105 106 (2) Building separation. There shall be a minimum separation of 107 sixteen (16) feet between dwellings on the lot. Such space shall be 108 unencumbered by any structures or improvements, other than 109 fences, greater than sixteen (16) inches in height above ground 110 elevation; 111 112 (3) Height. No dwelling shall be greater than thirty-five (35) feet or two 113 and one-half (2-1/2) stories in height, as measured from the lowest 114 grade within six (6) feet of the building perimeter to the highest 115 point of the building. Building walls shall be a maximum of twenty- 116 five (25) feet high, as measured from the lowest grade within six (6) 117 feet of the building perimeter to the primary roof rafter bearing 118 point. Roof dormers, if any, shall conform to the dimensions and 119 design shown on Building Massing Diagram 1 (Figure 1) and Roof 120 Dormer Diagram (Figure 2); 3 i 111 121 FIGURE 1 BUILDING MASSING DIAGRAM aogukIT9F+HAcxEXTEND INTO Tots II r 1 1IS t .X MAIN BUILDING MASSING;ONE iEACH Ct3TTACE 46J T FTI VWITHIN TRS DIAGRAM A/ MUST CONFORM Wl H THE I; ROOF DORMER O AORAM LOWEST ORAL* y WHIN,FT OF SKIS e P£R## TER 122 123 124 (4) Garages. Garage walls containing an overhead door facing a 125 public street shall be set back a minimum of six (6) feet from the 126 main wall of the dwelling facing the same street. Garage walls 127 containing an overhead door facing a street shall have a maximum 128 width of thirty per cent (30%) of the lot dimension parallel to the 129 garage door; and 130 131 (5) Parking. Vehicular parking areas shall not be located between the 132 street and the front of the dwelling or porch facing the street, other 133 than at a front-loading garage. To facilitate on-site parking and 134 access to rear- or side-facing garages, one side yard setback may 135 be reduced to a minimum of eight (8) feet, provided that the 136 opposite side yard setback is increased a like amount, such that the 137 total of the two setbacks equals twenty (20) feet. 138 139 Figure 3 (Example Site Diagram A) and Figure 4 (Example Site Diagram B) illustrate the 140 requirements of subdivisions (4) and (5) above. 141 4 111 142 (d) Design incentives. The following deviations from requirements otherwise 143 applicable to property within the North End Overlay District shall be allowed where the 144 dwellings conform to the provisions of subsection (c): 145 146 (1) Bonus porches. One-story, roofed, unenclosed porches may 147 extend a maximum of eight (8) feet into a required front or rear 148 yard, except where a yard faces the Atlantic Ocean. Porch roof 149 rafter bearings shall be a maximum of ten (10) feet above the first 150 story finished floor. A maximum of one hundred-twenty (120) 151 square feet of the floor area of such porches for each of the two 152 dwelling units shall be excluded from the calculation of lot 153 coverage. 154 155 In addition, a maximum of four (4) uncovered stair treads that lead 156 to an unenclosed porch may encroach further into a required yard, 157 provided that the setback from the lowest tread to the nearest 158 property line is a minimum of four (4) feet. 159 160 (2) Bay or bow windows. Bay or bow window elements having a rafter 161 bearing of no more than ten (10) feet above the finished floor maNL 162 encroach a maximum of eighteen (18) inches into either side yard 163 setback, the front yard and the rear yard; provided, that (i) the total 164 of such setback encroachments shall be no greater than one-third 165 (1/3) of the length of the wall in which the windows are located; and 166 (ii) a minimum side-yard setback of eight (8) feet from the face of 167 the encroaching window is maintained. 168 5 F16LW44E 3 EXAMPLE BILE DIAGRAM A rVi...w* or tars vi i y d.._"r...yRr.l!..,_�,_.- �1 INS 11 IIil km* sti * IRAIAIl WHM i x, / .�.,.. I#3 _ " t 0222 o.r 10000* .._ __ ._ 4 m Is magi EI I J. i .2s1 20 � 169 170 171 FIGURE 4 EXAMPLE SITE DIAGRAM 8 t I M 6trt.f.3 A„,,�''�RM3(N(MY3 0,4,04e14 P0/4AI1MC[ t � g. BOACt%%mi ow I fl'AMitMTt ( +'p **40"00410100,” N. # /._r.../„L-.-.*_..Mi * . IW4. . \\ ill i b FSM IP r > �_._, II! tiMi NW41. �1 11lt�i " w«L I *POW 1 00220 1t il II MI 2 022 Nil 111 I iII en 26. 172 173 6 11 174 COMMENT 175 176 The section sets forth the boundaries and development standards for the North End 177 Overlay District. The standards govern various dimensional standards and set forth design 178 standards that serve as incentives for desired development in the District. The section also includes 179 graphic representations of allowed development. 180 181 182 183 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 184 BEACH, VIRGINIA: 185 186 That the official zoning map of the City of Virginia Beach be, and hereby is, 187 amended to designate the North End Overlay District (NE), as shown on a sheet or 188 series of sheets marked and identified as such, and which have been displayed before 189 the City Council this date and are on file in the Department of Planning. 190 191 COMMENT 192 193 The ordinance amends the zoning map to include the North End Overlay District, 194 designated on the map as "(NE)" following the abbreviation for the underlying R-5R zoning 195 district. 196 197 198 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN Y: 199 200 201LJAdl _1 �, i► . 202 iligrA. i.. . 203 Department • 'lanning City Attorney's Office 204 205 206 207 CA-13382 208 September 11, 2015 209 R-9 7 11 -94- ITEM VI-K APPOINTMENTS ITEM#65434 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 II -95- ITEM VI-K APPOINTMENTS ITEM#65435 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: CARROLYN CHARLES COX Three year term 01/01/2016—12/31/2018 COMMUNITY SERVICES BOARD-CSB 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, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 -96- ITEM VI-K APPOINTMENTS ITEM#65436 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: JAMES B. WOOD Three year term 01/01/2016—12/31/2018 HISTORIC PRESERVATION COMMISSION Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and Rosemary Wilson Council Members Absent: James L. Wood November 17, 2015 -97- Item -VI-N ADJOURNMENT ITEM#65437 Mayor William D. Sessoms, Jr., DECLARED the City Council Meeting ADJOURNED at 6:30 P.M. 1 C✓�� A anda Finley-Barn , CMC Chief Deputy City Clerk uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor City of Virginia Beach Virginia November 17, 2015