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JANUARY 5, 2016 MINUTES t. G IA QAC$ti l o G'f .v ;:,',: VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 5, 2016 Mayor William D. Sessoms, Jr., called to order the City Council's Briefings in the City Council Conference Room, Tuesday, January 5, 2016, at 2:00 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 2 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 2:00 P.M. Mayor Sessoms welcomed Tony Zucara, Deputy Chief—Police. Chief Zucara expressed his appreciation to City Council for their continued support of the Police Department: a S CITY OF VIRGINIA BEACH UNMANNED AERIAL SYSTEM INITIATIVE CITY COUNCIL BRIEFING JANUARY 5, 2016 Below is the history related to the Unmanned Aerial System (UAS): UNMANNED AERIAL SYSTEMS HISTORY 1849— First use of a UAS in Australia (balloon) U.S. domestic use for border protection Extensive lifesaving use in recent wars. 2006— Federal Aviation Administration (FAA) issues a Certificate of Authorization (COA)for UAS use post Katrina (AAR) 2011 —North Dakota uses an UAS with Forward-Looking Infrared Imaging (FLIR)to locate and arrest four armed men after a 16 hour SWAT standoff January 5, 2016 3 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) Currently, the use of UAS is used to promote cities around the world: UNMANNED AERIAL SYSTEMS HISTORY Today UAS are used to promote cities across the world, highlighting tourism, by providing sweeping cinematic views of their city. New York, NY; O'ahu, Hawaii; Manly, Australia CVB can benefit from UAS technology by promoting its long clean beaches, historical monuments, Town Center, sports and entertainment venues and CVB vacation destinations. "General Service Marketing Video" January 5, 2016 1 4 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) Below are the Departments that could benefit from a "shared use" UAS: CITY DEPARTMENTS - SHARED USE All City Departments (General Use) Storm Water Management(Public Works) Communications Office (VBTV) 4 rat"fir Resort Management Economic Development t. Parks and Recreation t � . Public Utilities Below are the possible uses for the Public Safety Departments to utilize the UAS: POLICE , FIRE & EMS UAS Missions Accident Reconstruction Tactical SWAT operations Intelligence and Evidence gathering Traffic and Crowd Control Search and Rescue Fire Control and Damage Assessment HAZMAT and CBRNE Management Disaster Response Waterborne Operations Event and VIP security ICS/MASCAS Assessment System Requirements Extended flight time • Return to Home Function Geo-fencing and Altitude Restrictions Geo-referencing EO/ IR High Resolution Imaging Sensor Encrypted data link Remote viewing capabilities Perch capability January 5, 2016 11 5 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) Below is the comparison in using a helicopter versus a UAS: HELICOPTER VS . UAS Immediate action incidents: Geographically contained incidents: Mass shooting Incidents Minimum of 30 minute lead time Foot/Vehicle Pursuits prior to operation in NAS Robberies Requires Visual Line of Sight Home Invasions operation only Project Lifesaver/Lost Children Increased Weather Restrictions Boaters in Distress/Drowning Must be transported to an incident location, increasing response time "Oceanfront Hotel Robbery-Pursuit Video" 8 January 5, 2016 I i it 6 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) 4 :;1 H l E-3 =' g I : e. . ° UAS BENEFITS Reduced operating costs vs. Helicopter for geographically contained incidents 4K UHD video capabilities Can be used for all CVB departments Perch capability for prolonged incidents Low level, HD video feed for Oceanfront cases - CFS Memorial Day to Labor Day 2015: Lost Children-454, Boaters in Distress-47, Drownings-16 Total: 517 10 January 5, 2016 lit 7 CITYMANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) Over 200 Public Safety Agencies throughout the Country have Certificates of Authorization: PUBLIC SAFETY AND UAS Over 200 Public Safety UAS Certificates of Authorization applied for Dispatch Montgomery County, TX Sheriff Michigan State Police Mesa County Sheriff Detect Miami Dade Police Austin Police Decide 2013 Registered Certifications of Authorization (COA) "Seattle'' u0 ',H WATHI00TON M1Q441 MONTANA UAKO4A �g. M N3 0 OTA Lt,1 Ottawa MAINE S(,iJIH WISCONSIN VT NOVA TOYOflto ' W UAY411A OAEGON �iDAr� MI HIGfN NN w V 0M10f. TWA °ChICago 1 N_Iffi YCHK MA UBOntOfl C' l I.LENCIIS OPO'" o NC VADA �Itlti States 1liU1ANO ®o New York �q 9 ypl O ,NJ San Fra�ISCo JTAH ,OLORA0DO 6f NSA> MISSOJPI VIN(}INtA o KENT UCKT 404GIN co,t 0014 etas vegan NORTH 7K r IOMA 1,000040 CARftIN LAn eS ARK°SAS i� 40JTN tf EYt'py M=xtfO M13ti13FR1kv"''. 4AROLINA.. 7c 0 0 0 ALAflAMA SenlSiego' ---. t�"" TEXAS GFO`�GIA 0 et -. 4 OVIS IAN$ /�++� g Houston ' G 0716 0� F4ryl 2915Google,INEGI Terms of Use Public Governmental Operations, Colleges/Universities, Research Facilities 12 January 5, 2016 8 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) The FAA is charged and tasked with regulatory control of the airspace. The City has a complicated airspace with commercial, military and recreational/private planes occupying the surrounding airspace. There are eleven (11) Certified FAA Pilots currently employed with the City: CURRENT FAA REGULATIONS As of todayyou must be a qualified FAA licensed pilot with a current FAA medical to ttis,P� AV1� operate a UAS in a commercial capacity. Q'v When the FAA implements the new CFR 14 Part 107 alternate training for operators will be outlined ZJ' ,r.1 FAA currently regulates recreational use /4115 4� AC-91.57(A)/ UAS IN VIRGINIA • Virginia General Assembly and UAS usage: The measures required that no state or local law enforcement agency "shall utilize an unmanned aircraft system before July 1, 2015." In cases where there was a "major disaster" or Amber Alert, a search and rescue operation using police drones may be used when necessary to protect life, health, or property." Currently the City of Virginia Beach has no UAS ordinance 14 January 5, 2016 9 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) Below is the Virginia State Code relating to UAS: VIRGINIA STATE CODE 19 . 2 - 60 . 1 B. No state or local government departmentagencyor instrumentality having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police, and no department of law enforcement as defined in § of any county cityor town shall utilize an unmanned aircraft system except during the execution of a search warrant issued pursuant to this chapter or an administrative or inspection warrant issued pursuant to law. C. Notwithstanding the prohibition in this sectionan unmanned aircraft system may be deployed without a warrant(i) when an Amber Alert is activated pursuant to§ (ii) when a Senior Alert is activated pursuant to§ , (iii) when a Blue Alert is activated pursuant to§ . (iv) where use of an unmanned aircraft system is determined to be necessary to alleviate an immediate danger to any person. (v)for training exercises related to such uses.or(vi)if a person with legal authority consents to the warrantless search. D. The warrant requirements of this section shall not apply when such systems are utilized to support the Commonwealth for purposes other than law enforcementincluding damage assessmenttraffic assessment, flood stage assessmentand wildfire assessment. Nothing herein shall prohibit use of unmanned aircraft systems for private, commercial, or recreational use or solely for research and development purposes by institutions of higher education and other research organizations or institutions. 15 Below is the City's complicated airspace mainly due to the Military: AIRSPACE IN AND AROUND VIRGINIA BEACH A m', ,,wit" x aaY '„A,, , .\ 125 n Ss A I igs rl ,.n..a .:',:VATk;' 7 t23®? Z IV *,-,„§A"; 1s', 0NORFOLK © ` i MI. w W sw ..a'"' `� i',/,,,,,- '''"G 3 ,L1 r y �Iwo X25 � DD ` uY) i ,R5 f G , 40 IIri;' '4n`E,tiy� 2 M\A 361M - 12 Md ' m �� Vvas- Mi i'1` >� ,: V 37° Fr 7 l�ioe i i 'aAlizw. - - ar:, 0 wr 1Hi2`''�" /----Xtt'WW'`"" SJ ''yy t?,,--�� 1 SFC. / 12 Ib-4 P2oV A7 m Pa➢,, �,v,4c� t La .5a :.a c In oi5.sR�wrv�: s ), r `w s+ I `44 - x ppI� y DID .A t y At .,- R ' �s`t,� w. ‘ y� "" i 1 ,,,- v,. RCI BEACH il '.,‘.-'4. aoz �.e KY �'t tszl a�.rouM ss � i Y� �.� 4p m 3 . Tv.. .,:-. 1 5 , a.. s ea3r ro t g '" 1� M'�„ � ' 1 . 5.1, fit.' "S ,•- 7 wte ,�a wAR .: r' �$riNse• M S. � r � w 1 .. A '� .s' '7§ coin i I ';',7: 1'., j Ij A •n 7l a -V- 1,71: ,716.--1"'— , ' � ei. l jro ,' .3 ' `:"A' ..P a�a ° ,.*qt,,,�it 1 ��°�5(^'«os�iPs°ars t^� , n,n , 4 czmron�' < �.. 365 M 2WYi / p�1 -y �Vnt d87 litillCA+2(S..�YIr '°"' � nr, --- i0 January 5, 2016 I i it 10 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) The City is ready to submit the application for operations but needs City Councils'direction before proceeding: CITY ' S APPLICATION STATUS Ready to submit the Public Entity Application for City UAS operations. FAA recommends a mirror image approach for authoring the application. Provides continuity and ease of processing applications. Intent is to clear wording through Virginia Beach City Attorney's Office prior to application submission. 17 Below are program considerations as many departments are interested in utilizing UAS: PROGRAM CONSIDERATIONS Participating Departments$$ Contributions Budget line item FTE Assessment Technology update every 3-5 years Upgrades Replacement 18 January 5, 2016 i' 11 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) Below are some specifications for the UAS used for Public Safety: Public Safety High resolution imaging Optical and Digital zoom � - Video at 1080p HD 3-6 mile Line of Sight Range Image streaming over IP AES 256 bit encryption Waterborne SAR (follow me) Stabilized Dual EO/IR sensors Extended Flight Time Return to Home function Ar , Geo-fencing Perch Capability 19 "Oceanfront Hotel Armed Barricaded Suspect Video" z9 .January 5, 2016 II 12 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) _ .;.4,4._ 0.4.. 1 IHE L rsi �`. '' il ,,,,:,,,It * -917-4-sg 1 i i ' 1- TI'., 4 Jt p +y P '*4411 al' VI 2, GIS Capabilities Requires: • High quality, geo-referenced aerial imagery from the UAS integrated with GIS, CAD, and traditional photogrammetry software to provide survey-grade accuracy with up to 1- centimeter/pixel ground resolution. data • End-to-end workflow including advanced mage and processing, output visualization, and editing- supporting a wide variety of GIS data types and third party software. Use of the ESRI suite of software currently in use by ComIT, GIS, and other City Departments. 22 January 5, 2016 11 13 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) GENERAL / SHARED SERVICE High Resolution Imaging � ...-- 4K Ultra High Def 1080p High Def Return to Home feature GPS/GLONASS Tablet based Ground Control System Real Time Telemetry Integrated Geo-fencing Weather limited Below are the costs related to the purchase of a UAS for Public Safety use: PUBLIC SAFETY EQUIPMENT COSTS Public Safety UAS $95,000 Spares Parts Kit $10,000 EO/IR Payload $25,000 HD Zoom $10,000 Training $18,000 Total: $158,000 24 January 5, 2016 11 14 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) PUBLIC SAFETY SUSTAINMENT COSTS 3-5 YEAR PROJECTION UAS Replacement $95,000 (If required) Sensor Replacement $35,000 (If required) Insurance Premiums $18,000 -Self Insured / Private Total: $148,000 25 Below are the costs related to the purchase of a UAS for General Services use: GENERAL SERVICES EQUIPMENT COSTS General Use UAS $1,300 Additional Batteries $300 Spare Propellers $30 Monitor Hood $20 Carry/Storage Case $220 iPad $400 Secure Digital(SD)Cards _S100 Total: $2,370 26 January 5, 2016 15 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) GENERAL USE SUSTAINMENT COSTS 3-5 YEAR PROJECTION UAS Replacement (If needed) $1,300 Batteries $300 Yearly Insurance Premiums $1,900 - Self Insured / Private Total: $3,500 27 Below are the differences between a Public Safety unit and a General Service unit: Two Distinct UAS Capability Comparisons Public Safety UAS General Use UAS Extended flight time 4K Ultra High Definition Return to Home Function 1080p High Definition Geo-fencing and Altitude Return to Home feature Restrictions GPS/GLONASS Geo-referencing Tablet based Ground EO/ IR High Resolution Control System Imaging Sensor Real Time Telemetry Encrypted data link Integrated Geo-fencing Remote viewing capabilities Perch capability Sustained winds to 55 knots Visible moisture up to freezing rain 28 January 5, 2016 16 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) UAS INCIDENT RESPONSE VEHICLE 4WD SUV Police Equipment Package Internal equipment modification for UAS Total $45,000 29 FIRST MISSION / FULLY OPERATIONAL For both the General Service and Public Safety UAS Initial Acquisition $220,000 +10% cost overrun $242,000 January 5, 2016 17 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) UAS Program Action List City Council - - - r LeawnPlan _ .. . .... FFdaal3 Slab . - ... 31 Below are key "take-aways"for this project: KEY TAKE-AWAYS FOR UAS PROJECT Not a Helicopter replacement but an additional resource to benefit the CVB strategic growth plan Increased capabilities for Public Safety, Public Works and Tourism benefit In-house SMEs - No outside associated fees for program development expansion Direct operating cost reduction to City Departments 32 January 5, 2016 18 CITY MANAGER'S BRIEFING UNMANED AERIAL SYSTEM(UAS) INITIATIVE ITEM#65547 (Continued) Council Discussion Guidance Mayor Sessoms thanked Chief Zucara and everyone that assisted in preparing this informative presentation. January 5, 2016 19 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 2:44P.M. Douglas L. Smith, Interim City Manager, announced the appointment of Barry Frankenfield as the Director of Planning. Mayor Sessoms welcomed Barry Frankenfield, Director — Planning. Mr. Frankenfield expressed his appreciation to City Council for their continued support: City of VB Virginia Beach PLANNING ITEMS • City Council Agendas January 5, 2016 January 19, 2016 Seven (7) items are scheduled for today, January 5th: SUMMARY-JANUARY 5TH Seven Planning Items are proposed for City Council's consideration. All Seven items were recommended for approval by the Planning Staff and the Planning Commission. 2 January 5, 2016 20 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) ' Grace Bible Church �� r - �` t, A-12 f pnewuednwa � Beach District = t'x RIO Modification ofd —:.- Conditional Use Permit 0-2 7:;/./ ` o-z (Religious Use)approved 0-2 r° August 28,2012. NhriWte 26a-�_.— A2`ol4rie, 3 Grace Bible Church Church is proposing a substantial addition to ;:. t th x. the east side of • io trios s budding • Pg oposed elevation varies substantially from the approval by City Council in 2012. �- Primary roar 'al is EIF5.with accents of red Uw Aexatt and blue.Wood slat walls are proposed at the 3 *0S4'"t> " tc r corners of the addition changeablegr phi b r er is shown on the 5 Bm ! at .it the b I-u ed a anner of • A advertising, t st meet thegnage �"^�"PiO�' r r, requirements of the Zoning Ordinance. '*' • A 24'z 50'shed is also proposed or the parking area. ! rete January 5, 2016 I i 21 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) Grace Bible Church oe BU WnB Ati�iL (Approved 1930) �1� 5 Ted Tignor ns a2 Beach District m 70 7,d6 DA,L Expansion to a " 5'1155 Nonconforming Use for an ass ," addition at 501 Carolina ° L -� Avenue. »' M,,VEM9E Y W 1,5SE Ste 6 January 5, 2016 22 CITYMANAGER'S PENDING PLANNINGBRIEFING ITEMS ITEM#65548 (Continued) Ted Ttgnar .„„ u + n w Th no on4or *A—. "F Y tfl)acbaed nn ... a„ g;. n� 'G;, a � ?S,,ld Far814,let' cA tadfUontothie rpraof theP"'''''' 'bdewelromunt ` e ..:.,„:.. .: :, ..4r ...dt�� .� 1,4 ��. � a� � aka 1 Y°w ^ _o-? Primary dwe/ling unit Rear apar'bnent dwelling��/t Ted Tignor ff'r'EhC. GAatiG1 p i55F i GRAPJEtr4jD \r b P i:C} z AC TV^ae 'v 1 _) ' ' rL>iMb DWELIInG 3 (',ifi35FY a FENCE } { iI 1 �I b ;ARDLMA AVE,H&J t5a R+WW rr'., argLy 5e�rrtrr�1 -ae:: 8 January 5, 2016 23 CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) The Unitarian rfo Church RID of Nolk i I n, Kempsville District 3 B 2 i f-4 Conditional Use Permit for Religious Use at 809 South Military Highway, a�� ft1O .r'"�na 1'r?o.ad .._ 9 The LI,, Church of :.,r-..., w{ Y • Th U Carie Chu t of No f Ik staWished in my ,G ° I,,0 p opo to ve 1 to Ch sung e- Y d`y bu)d' ("an cht"' Skanska Gf ldi g)to ,y 4, a• accommodae g w R<o g gat o i �u�, t,x4 • Applicant p op s f feria aliens nc. i! ex cerbr ren aeons or sl[ cha 4 s are a �5 � ,y �� proposed " s.,,,,• ! • The church will also operate a child care a"ith'0, facility ,. r r aoaa w.r " ' r 4t1�' "% Iq lm F '' � " � �� b • 10 t.xtsting hrrildln4 fxisrlr+a Parking area January 5, 2016 1 II 24 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) Santiago livara, III " ens CLEVELAND STREET Bayside District (Pembroke SGA) (r 1.1 502? j Conditional Use Permit for a> (r an Automobile Repairr " Garage at 129 5 Pennsylvania Avenue. " ea > W ht a, �.. ht a ns i�iB � nn > W � � tz5 da C17F. { Nc 111' 06 11 Santiago Li�ara III , "^' The apphca t p upos>to py an ex t tg „wink ,? ,� rtorr obk 7.704' . k- &Su0 square f t build ing f ;1, agepair 9ara0 f tobile Epairwill dude hig "" � *-�{ petformance dlfl ti ns dynamics d '''''^pP.!*, - body moditi tl n,engne a d e a,smss ,� .. < replacement and metal fabr1:7,. , '-• ce ( • Minimal chlpo to the exterior of the b Ild r g i ;.. of site are proposed. i � „ �_ s ,moi - 12 Frnnt facadf existing buitdiny North sidV of existing building January 5, 2016 25 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) Santiago Livara,Ill BAY DOORY < a z ',MITERS '. X t ,� IAPPR`ConSS.03 ATONE iTw,, _. a I PARKING W MI5 AREA CANNOT RE • S)TU0T0O STOO14R0HCAOWAACYK 001 13 Wave Riding Vehicles Beach District as (lr&e Creative District) Alternative Compliance to the Form Based Code to ~ allow for a manufacturing, q ,� fabricating and wholesale I and distribution facility at at 609 19th Street. OR 14 January 5, 2016 26 CITY MANAGER'S PENDING PLANNINGBRIEFING ITEMS ITEM#65548 (Continued) Wave Reding Vehicles �, ^' -g Th ppP ant Id hke to 1 y an ex t g i '° hwldu gwitha ff bbffeI<aati tihng 1 ihndup.0masfteos..iggsif ganed sg n � A design hti toif sthgood,, d pe,-ity a,e p � M al chane s to the ext -<t angel p pos.d. it P kin f -lei b.locat don ti .par els to[he re iho quiran c t[ gnve ehe parking h .d fo eYear Per the Pennts and U"`� S,.,K ' ala , msU .�ons AdminUtramr. � rh � pr�,,'ai 15 View Imre I. Sire,t Wave Riding Vehicles Beraeva}crii Besigr, North End. Three Ships 16 January 5, 2016 27 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) ,,.s. . Princess Anne : -Ii7.�., •••••-•&/— AG5 ;A +�dA�'f. R10 Meadows, LLC i,t r,rg,. eG2 2 AG1' -, AGS � _?U dl?Ld Princess Anne District R7. Conditional Change of / AG'Y Zoningfrom AG-1 and AG-2 Agricultural to -AG2 Conditional R-I0 Residential at Princess ,1 X7,4 AG, c AG, C Anne Road and Tournament Drive. 7 dB L dlrr AG2 R1¢ 17 Princess Anne Meadows,tIC • Application was deferred by City Council on December 8,2015. • The applicant Proposes 80 single family dwelling units on 42.45 acres(density of 1 88 - ?7yo- units per acre) • Minimum lot SIZe will be 10,000 square feet • Houses range in size from 2.400 square feet minimum fol two-story.and 2.150.square feet for one.-story. • %K+ WSa ten,,. x a4e. January 5, 2016 it 28 CITYMANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) ° �� PriDceas Anne Mleadows- Pro ect St ttiBtics it1.48.9..';',„.fr"' GrossOevelopn nt s, .424 arer ProPosed'"tenb C dtanak R-I0 r„ 5 Development TyP S 0k .F m IY Restdentlal „,,..,;Al ,, Proposed 4umb f Dwellings.30 T'$k Proposed OensuY.7°' Units lore tw _ l� e.Io,000 sq Pt a ?A i 5ya e Areas «�� Lakes 3A3 Ae,zs � � � a- est:d'S 1SAcres _ Manicured La n.2.61.4<res ` ;; buffer Dedicanon m Gity:t_76 Acres l otal:12.35 Acres �.. � J ',e¢ ` Open Space Perc t g.29.09"5 S 0.. ��,�Y ' ` _ A R yht I way I)d t ns . ,'`, p ,' S bd fist Inter 6.10 Acres [` F t Rad:2.06 acres ' ,r f.';,` .. del S [heart Parkway I.4v Acres d �E � a „}. '; TotaI:9.56 Acres fith, ,,,iks g2 Pedestrian Arcess ,' ' • 4 sxs Sidewalks 1 05 Miles d rrauy± rr7. ;e„p, ,- - Trils 0.`>7 Miles 19 Princess Anne Meadows,LLC Prin as Anna Meadows- ' ' r Ce'fter.vitt'to �� ,*�. nndm9 Area W`Y q —ct "m t ' ' R w The 'Piicant'z '�� proffered Pt,„ includes 1 a r„`..pOl:dor the I -”' W [and I[ (_ �£ �a -..' ir 'w, Pr-re'9 ail of the ��. � t � L atr w par els in this area ,.,,,W - ' ty ,�8;� futam�acc ss to either ' *, .* Holland Road or :1...$'1'4.-'.' i P'.ess Anne.Road. altj'"� j The w::'''nnta''' +lad � � ' p f#erin9 dose e f �r.? `` , ,\ thenommumty ss f/ ��„ p t on P m Ann f 3"T m�awz.,w,. r 'C 1 �� Road whe,a connection t th a fisting CONCEPTUAL PIAN OF SUB-AREA 2 t; t 'set'C�nn of Pnor , ','s:.-7,:.,":.,-- , F PRINCESS ANNE CORRIDOR STUDY Anne Road dnd (Stro gmereroedetyC necii Si Y ntament Drive.is nvude available. 20 January 5, 2016 it 29 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) CITY OF VIRGINIA BEACH An Ordinance to Amend Section 242.1 of the City Zoning Ordinance Pertaining to Tattoo Parlors and Body Piercing Establishments. • Section 242.1 requires 600-feet between a tattoo parlor or body piercing establishment and a Residential or Apartment District,or School.This amendment deletes this requirement.The 600-feet requirement between another tattoo parlor or body piercing establishment will remain. • Tattoo parlors and body piercing establishments will still only be permitted in the B-2 Community Business District,and will still require a Conditional Use Permit. 21 Six (6) items are scheduled to be considered on January 19`h: SUMMARY-JANUARY 19TH Six Planning Items are proposed for City Council's consideration. All Six items were recommended for approval by the Planning Staff and the Planning Commission. 22 January 5, 2016 30 CITY MANAGER'S PENDING PLANNINGBRIEFING ITEMS I (ConTEMtinued)#65548 Jess Stevenson /:)-7; ,fir Lynnhaven District ��!: &,/ s�r 55 xso '� ' d9� Conditional Use Permit for '"r Road(Sta.Nicholas77 Ca1 J1 Rt° 1f an Outdoort RecreaLittle Neck liR-+� c �•� f w Church). � dO OW. ft-T.5 r ry1 l 23 Jesa Stevenson Appifcant wishes to hold 4c n e P'actic as a c �.�Esu N undeve4uped portlor of the church grope I •° .� 9 �r ty* ,m Practice'""bde Monday 7hursdey In the +'w y�' "` � even ngs anfrom 1 p.m to 3'I."' • N re do al aztivity wdl take place w rt + ^'tit z� z 'd' .r ` i Z feet u[L rile Neck Road to protect • 24 January 5, 2016 31 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) Danielle Good 0 -2 ---- Lynnhaven District (Rosemont SCA) B 2 0-2 Conditional Use Permits B.2 for a Vocational School and Tattoo Parlor at 3824 s� Virginia Beach Boulevard. 25 r ? w Danielle Good Applicant wishes to teach entry-level `t'°° . '` pe'manent cosmetic tatty t chniques in :�^^, '�� preparation far the exam with the Statara' ` Licenxiny board of CosmetoloyY • Students will p nce on ma 'k nd t t + - ''"� ' No<ha tges are proposed to the exudny � g ' � buiidin4)or the site. �'" ,� a Biu ' N r January 5, 2016 32 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) John Finguerra Fit —f 1 l i Lynnhaven District 1 r'` `,i 1 Subdivision Variance to �� € Section 4.4(b)of the x Subdivision Regulations for 1109 Rose Lane. ` i I ?t._ -cayautr°8'e-"'d ( l 1 s' 27 John Finguerra • Applicant owns two,adjacent substandard lots, ',,, k recorded in 1927_ ;.4e,..., • • A single-family dwelling was constructed on ,iii1�_'- ` the southern lot In 1973,along with a bulkhead that Is partially located on the adjacent northern lot. `."b, The proposed subdivision valiance will allow ,,, the internal property line to be moved so that the bulkhead is entirely within the southern lot. ._ 6,.. , ,. `''.;. ,r °` '14,::''0.'`'i'''''' s 28 l5ew from rhe west January 5, 2016 33 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) John Finguerra £,/sting kg, AmP�sed;cts 29 Virginia Beach Travel Soccer, Inc. Rose Hall District R-eo. Ra JO t d5O,LAICUI Conditional Use Permit for an indoor Recreational Facility on the north side e-z of Buckner Boulevard,west , of Holland Road. e°"y RSD 1.2 30 January 5, 2016 34 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) Virginia Beach Travel Soccer,inc. ,, " 'a"' ,,per r` • Applicant proposes to construct a?4 OOC 4 t ° ., q o f r-ndoor soccer fa<i3rty containiny ti t nv t Fl ids office space,locker roams, W!? and an observation area • Applicant has pieviously leased space at the c R S c.erC pi. nSi"tP Co nerR ad � • A t rh 't. •111 be fro a sting curb pjr ~"�"" cut alan9{;u k er RoulS.Id nd across ,w �-..--- access easement from the adjacent Walmarr . 'ate''"` P.M.)property .—, tvr,_ 31 Whiskey River Development, LLC v` , t Princess Anne District ,oi r I Conditional Use Permit for a Tattoo Parlor at 2135 1 General Booth Boulevard r ) it (Strawbridge Shopping ,c% 35 CITY MANAGER'S BRIEFING PENDING PLANNING ITEMS ITEM#65548 (Continued) Whiskey River Development,LLC • applicant proposes to occupy 4,000 square feet in the Strawbridge.Shopping Center to `-j, operate a tattoo parlor. orr" y 1 . • Site is located 300 feet behind the Lucky Oyster. • Th he applicant will renovate the n[er or of the nt,only changes to the exterior of the unit " J will be newsgnage. •• l 33 CITY OF VIRGINIA BEACH An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for a Farm Stand. ▪ Section 801 limits the size of a farm stand to 1,000 square feet. This amendment deletes this maximum and allows the size to be determined with a conditional use permit. • The amendment clarifies that only agriculture and agriculturally- related products,as defined in Section 401(e),can be sold at a farm stand. ▪ The amendment clarifies areas where crops will be grown and/or farm animals kept must be identified. • The amendment requires one parking space for every 250 square feet of covered farm stand sales area unless a modification is warranted. 34 Mayor Sessoms thanked Mr. Frankenfield and the entire team for their work. January 5, 2016 36 CITY COUNCIL LIAISON REPORTS ITEM#65549 3:05P.M. There were no City Council Liaison Reports. January 5, 2016 it 37 CITY COUNCIL'S COMMENTS ITEM#65550 3:08 P.M. Councilman Moss reviewed the Notice of Information for the General Assembly received in the packet. He expressed concern regarding the fiscal health of Virginia Beach families and feels as though the City should reduce spending just as families have to do. January 5, 2016 38 CITY COUNCIL'S COMMENTS ITEM#65551 (Continued) Council Lady Wilson was pleased to see the City named the "6`h Most Caring City in America", according to WalletHub. This speaks volumes for the citizens in how they give back and care about others. January 5, 2016 I I 39 AGENDA REVIEW SESSION ITEM#65551 3:12 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 35-182 of the City Code re Admissions.Taxes to exempt events benefiting charitable organizations 2. Ordinance to AUTHORIZE acquisition of property within the Southeastern Parkway and Greenbelt alignment from the Living Trusts of U. T. and Yvonne S. Brown; and, further AUTHORIZE the City Manager to enter into the appropriate Agreement 3. Resolution to AUTHORIZE ISSUANCE and SALE of $125,000,000 in General Obligation Public Improvement and Refunding Bonds 4. Resolution to REQUEST support of the Virginia Beach Congressional Delegation to include the Lynnhaven River Basin Ecosystem Restoration Project in the Army Corps of Engineers FY- 2016 Work Plan as a Top Priority New Start Construction Project; and, AUTHORIZE City Council's cost-share in the restoration 5. Ordinance to AUTHORIZE an Agreement re construction and dedication of the "Hillier Ignite Fitness Park"at 40`x'Street, Oceanfront 6. Resolutions to REQUEST the Virginia General Assembly: a. LEGISLATE regulations re internet based peer-to-peer hospitality services b. DIRECT a $25-Million Tobacco Regional Revitalization Commission appropriation to Hampton University re cancer care and treatment 7. Ordinance to ACCEPT,APPROPRIATE and TRANSFER: a. $200,000 from the Virginia Department of Behavioral Health and Development Services (DBHDS) to Human Services b. $352,885 from the Reserve for Contingencies to the General Registrar re the Presidential Primary Elections on March 1, 2016 ITEM#5 WILL BE CONSIDERED SEPARATELY COUNCILMAN MOSS WILL VOTE A VERBAL NAY ON ITEM#6a January 5, 2016 1 I 40 AGENDA REVIEW SESSION ITEM#65551 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: J. PLANNING 1. GRACE BIBLE CHURCH for Modification of a Conditional Use Permit re a Religious Use (approved August 28, 2012) to renovate and make additions at 2956 Ansol Lane DISTRICT 6 BEACH 2. TED TIGNOR for an Enlargement of a Nonconforming Use for an addition at 501 Carolina Avenue DISTRICT 6 BEACH 3. THE UNITARIAN CHURCH OF NORFOLK and SKANSKA USA CIVIL SOUTHEAST INC for a Conditional Use Permit to relocate their church at 809 South Military Highway DISTRICT 2—KEMPSVILLE 4. SANTIAGO LIVARA,III and SLACSCAR,LLC for a Conditional Use Permit re auto repair at 129 Pennsylvania Avenue DISTRICT 4—BAYSIDE 5. WAVE RIDING VEHICLES and LES SHAW for alternative compliance to the Form Based Code re manufacturing,fabricating, wholesaling and distribution at 60919``Street— ViBe Creative District DISTRICT 6 BEACH 6. PRINCESS ANNE MEADOWS, LLC/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 Agricultural to Conditional R- 10 Residential at Princess Anne Road and Tournament Drive re eighty (80)single- family dwellings (deferred December 8, 2015)DISTRICT 7—PRINCESS ANNE 7. AMEND Section 242.1 of the City Zoning Ordinance (CZO) re Tattoo Parlors and Body Piercing establishments MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 ITEM#6 WILL BE CONSIDERED SEPARATELY January 5, 2016 41 ITEM#65552 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: 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). Princess Anne District Bayside District Kempsville District 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) Bayside District—Cost Participation Agreement LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711(A)(7). Mills T. and Kristen H.Robinson v. City of Virginia Beach 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) Position of City Manager Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees January 5, 2016 Ii 42 ITEM#65552 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 3:23 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 (Break 3:23 P.M. - 3:30 P.M.) (Closed Session 3:30P.M. - 5:55 P.M.) January 5, 2016 43 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 5, 2016 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,January 5, 2016, 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, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Dr. Rodney Vickers, Pastor Azalea Garden Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne Bank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If during his review of an agenda, he identifies a matter in which he has a `personal interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of January 13, 2015, is hereby made a part of the record. January 5, 2016 44 Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank. Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identfing 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. January 5, 2016 it 45 Item—VI-E CERTIFICATION ITEM#65553 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS AS WELL AS FOR THE INTERVIEW SESSION HELD ON DECEMBER 11, 2015 Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 5, 2016 GOA•BA 4� C ` .rw � kO , t ). a 40 ff0 s_ w O 9''S OUR NPS RESOLUTION CERTIFICATION OF CLOSED SESSION / VIRGI1fIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#65552 Page 40, 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. it..... 7ezeor..e.a.=1.2._ h Hodges Fraser,MMC City Clerk December 11,2015 January 5, 2016 46 Item -VI-F MINUTES ITEM#65554 Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the MINUTES of the CLOSED INTERVIEW SESSIONS December 2, 4 and 7, 2015, and the INFORMAL and FORMAL SESSIONS of December 8,2015. 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 January 5, 2016 I I� 47 ADOPT AGENDA FOR FORMAL SESSION ITEM#65555 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 5, 2016 48 Item -VI-H-1 PUBLIC HEARING ITEM#65556 Mayor Sessoms invited Mike Eason, Resort Administrator—Resort Management to make the Staff's Presentation: BEACH FITNESS PARK 39`x'—40`"Streets ,sy Ly1Ta�'—',.',.4.,a i 4 r� '''''-',1-,. .3.."12', r3 }n A y� y �F u, ' Below is the revised Site Plan for the proposed Fitness Park: Hillier,Ignite Fite s 'ark Re- - 1,, ---1:- -, --:,, , -- -'- 0 '''._4:-.....,. ,,-,-;;;„::' .2 ,-, '','_4 ., ,,ate., � z • ? ?: -07-,-;-;,,o, ,-ms's t�`=,."'"� z� `s; January S, 2016 49 Item -VI-H-1 PUBLIC HEARING ITEM#65556 (Continued) Below is a summary of the terms for the Agreement. Mr. Hillier agreed to place $10,00 0 in an escrow account with Parks and Recreation; and, when funds reach $5,000, the funds will be replenished back to $10,000: Hillier ignite Fitness Park �"�� `��e`a"�} �� d!i �i•"�`� Jnua"�a�� rk �a �y�� "��1�''� xx :, r i } `Terms, 3 'i e .du A �flfll� ihX Hillier's Responsibilities: Cause design plans to be prepared for Fitness Park. Obtain all permits necessary to construct Fitness Park. Complete construction of Fitness Park in good and workman-like fashion. Pay all construction costs related to Fitness Park. Dedicate Fitness Park to the City. Secure and maintain insurance during construction phase. Pay any costs associated with violations of environmental laws. Finance a capital maintenance and repair fund for the Useful Life of Fitness Park,up to$50,000. Purchase sand wheelchair for ADA accessibility Below are the City's responsibilities in the Summary of Terms to the Agreement: Hillier ignite Fitness Park of Terms .s nimary. -,4424i1 igr; a r� "s^�rar� 4fl iia i � City's Responsibilities: $ No responsibility for construction costs related to Fitness Park. • Provide written acceptance of Fitness Park(dedication). Upon dedication, City will be responsible for day-to-day maintenance of Fitness Park. (Parks and Recreation are requesting$24,000 in FY 16/17 for annual maintenance) Porta Potty will be placed on the beach for park participants January 5, 2016 50 Item -VI-H-1 PUBLIC HEARING ITEM#65556 (Continued) Below are other Terms in accordance with the Summary of Terms per the Agreement: Hillier i n te,Fitness irk Other Terms: During Useful Life of Fitness Park,Fitness Park will be named"Hillier Ignite Fitness Park." Park is open to the public daily from dawn until dusk. Replacement: No obligation for either party to replace or rebuild Fitness Park in event of fire,flood,earthquake,hurricane,etc. destroys Fitness Park. City has sole discretion to relocate Fitness Park,at City's expense. Indemnification-Hillier to indemnify and hold City harmless until dedication. Modification:Agreement may only be modified by writing,executed by both parties. Hillier ignite Fitness Park Questions? Mayor Sessoms thanked Mr. Eason for the presentation. January 5, 2016 51 Item #VI-I ORDINANCES/RESOLUTIONS ITEM#65557 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 1, 2, 3, 4, 6a (MOSS VERBAL NAY)/b and 7a/b. 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 January 5, 2016 i I 52 Item-VI-I.1 ORDINANCES/RESOLUTIONS ITEM#65558 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND Section 35-182 of the City Code re Admissions Taxes to exempt events benefiting charitable organizations 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 January 5, 2016 iI REQUESTED BY VICE MAYOR JONES 1 AN ORDINANCE TO AMEND SECTION 35- 2 182 OF THE CITY CODE PERTAINING TO 3 ADMISSIONS TAXES OF CERTAIN CIVIC 4 ORGANIZATIONS 5 6 Section Amended: § 35-182 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 35-182 of the Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 35-182. Levy of taxes; classification; amount; administration. 15 16 (a) Classifications. Pursuant to Code of Virginia § 58.1-3817, events to which 17 admission is charged are divided into the following classes, and there are 18 hereby imposed and levied the following taxes: 19 20 (1) School-sponsored events. No tax shall be imposed or levied on the 21 admission charge to attend any event at a public or private 22 elementary, secondary, or college school-sponsored event, 23 including any event sponsored by a school-recognized student 24 organization. 25 26 (2) Museums, gardens and zoos. A tax of ten (10) percent of the 27 admission charge for entry into museums, botanical or other similar 28 gardens, and zoos. 29 30 (3) Participatory sports. A tax of five (5) percent of the amount charged 31 to persons actively participating in sporting events or athletic 32 contests or activities. Admission charges for spectators who 33 observe, but do not participate in, sporting events or athletic 34 contests or activities shall be taxed at the rate imposed and levied 35 by subsection 35-182(a)(4). 36 37 (4) Admissions generally. A tax of ten (10) percent of the admission 38 charge for all other admissions, including admissions to any place 39 of amusement or entertainment. As used in this section, "place of 40 amusement or entertainment" shall mean any place or event open 41 to the public and located in the city where amusements and 42 entertainments, including but not limited to the following, are 43 located, performed, exhibited or conducted: I I 44 45 (i) Any motion picture, play, concert, dance or stageshow; 46 47 (ii) Any sporting or athletic contest, exhibition or event; 48 49 (iii) Any circus, carnival, fair or amusement park; 50 51 (iv) Any sporting or recreational activity, except where the 52 person admitted is participating in the sporting or 53 recreational activity; 54 55 (v) Any lecture, speech or dissertation; 56 57 (vi) Any show, display or exhibition (e.g., antique show, art 58 exhibition, boat show, car show, computer show, craft show, 59 wine tasting, etc.); and 60 61 (vii) Any restaurant, tavern, lounge, bar, cabaret or club. 62 63 (b) Admissions; gross receipts to charities. Subject to the conditions set forth 64 below in subsection (d), no tax shall be imposed or levied on the 65 admission charge to attend an event if, as described in Code of Virginia 66 section 58.1-3817, the gross receipts from the event go wholly to 67 charitable purposes. 68 69 (c) Admissions; net proceeds to charities. Subject to the conditions set forth 70 below in subsection (d), no tax shall be levied on an event if, as described 71 in Code of Virginia section 15.2-1104.1, its purpose is solely to raise 72 money for charitable purposes and the net proceeds derived from the 73 event are transferred to an entity exempt from sales and use tax pursuant 74 to Code of Virginia § 58.1 609A, 58.1 609.7, 58.1 609.9 or 58.1 609.10 75 58.1-609.11. For purposes of this subsection, "net proceeds" means the 76 gross receipts derived from an event less the direct, ordinary and 77 necessary costs associated with conducting the event. The phrase "direct, 78 ordinary and necessary costs," as used herein, shall not include any 79 allocable costs attributable to the event organizer's ongoing expenses, 80 such as accounting fees, insurance premiums or the salaries of officers 81 and staff. 82 83 (d) Conditions and procedures relating to subsections (b) and (c). An "event", 84 as described in preceding subsections (b) and (c), is an occasional or 85 irregular fund-raising activity, not exceeding forty-eight (48) hours in length, 86 the gross receipts or net proceeds of which go wholly to "charitable 87 purposes" as defined in Code of Virginia section 57-48. The following 88 conditions and administrative procedures shall apply to all such events: 89 90 (1) The gross receipts or net proceeds must go to an entity (i) 91 organized exclusively for charitable purposes, as reflected in its 92 articles of incorporation, charter or bylaws, (ii) designated by the 93 Internal Revenue Service as a 501(c)(3) organization to which 94 contributions are tax deductible under 26 U.S.C. § 7701, or is a 95 civic organization with a charitable purpose designated by the 96 Internal Revenue Services as a 501(c)(4) organization, and (iii) 97 registered with, or granted an exemption from registration by, the 98 Virginia Department of Agriculture and Consumer Services, Division 99 of Consumer Affairs, Charitable Solicitation Section. Furthermore, 100 any professional solicitor conducting or promoting any such event 101 shall also be required to provide evidence of registration with, or 102 exemption from registration by, the Virginia Department of 103 Agriculture and Consumer Services, Division of Consumer Affairs, 104 Charitable Solicitation Section. As part of substantiation of the 105 chartable status of the organization, the commissioner of the 106 revenue may request current certification of exemption from sales 107 tax pursuant to Virginia Code § 58.1-609.11. 108 109 (2) All determinations concerning the taxable status of events 110 described in this subsection shall be made by the commissioner of 111 the revenue on an event-by-event basis. 112 113 (3) Any person or organization seeking a determination that an event is 114 not subject to taxation pursuant to this subsection shall apply to the 115 commissioner of the revenue's office at least thirty (30) days prior to 116 such event. All such determinations shall be made only by the 117 commissioner of the revenue. The applicant shall supply, on forms 118 provided by the commissioner of the revenue, a description of the 119 event, the cost of admissions to the event, documentation of the 120 charitable purpose(s) for which the proceeds will be used, a copy of 121 any exemption from sales and use tax (if applicable), evidence of 122 compliance with Code of Virginia section 57-49, and such other 123 information as may be required by the commissioner of the 124 revenue. Within fifteen (15) days of receipt of an application, the 125 commissioner of the revenue shall make a preliminary Ii 126 determination as to whether the proposed event is subject to the 127 admissions tax. Within forty-five (45) days of conclusion of the 128 event, the applicant shall provide documentation that the gross 129 receipts or net proceeds of the event have been utilized in 130 accordance with the requirements of subsection (b). The failure of 131 any person to obtain a determination that an event is not subject to 132 taxation, to supply evidence of compliance with Code of Virginia § 133 57-49, or to otherwise fail to comply with the requirements of this 134 subsection, shall subject the event to being taxed at the rate 135 provided by subsection (a)(4). 136 137 (4) Within sixty (60) days after the end of each fiscal year, the 138 commissioner of the revenue shall provide the city manager a list of 139 all events benefiting charity for which no admissions tax was paid, 140 and an estimate of the total amount of tax that would have 141 otherwise been paid. 142 143 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of January , 2016. APPROVED AS TO LEGAL SUFFICIENCY: Gity..,Att6-ney'sOffice CA13050 R-2 November 19, 2015 53 Item -VI-I.2 ORDINANCES/RESOLUTIONS ITEM#65559 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE acquisition of property within the Southeastern Parkway and Greenbelt alignment from the Living Trusts of U. T. and Yvonne S. Brown; and,further AUTHORIZE the City Manager to enter into the appropriate Agreement 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 January 5, 2016 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 0.967± ACRES OF PROPERTY LOCATED IN THE 3 WOODS OF PINEY GROVE SUBDIVISION, 4 SECTION ONE, FROM LORETTA BROWN, LITA 5 DEANGELIS, U. T. BROWN AND YVONNE S. 6 BROWN, TRUSTEES OF THE U. T. BROWN LIVING 7 TRUST DATED OCTOBER 5, 2005, AND YVONNE 8 S. BROWN AND U. T. BROWN, TRUSTEES OF THE 9 YVONNE S. BROWN LIVING TRUST DATED 10 OCTOBER 5, 2005 11 12 WHEREAS, Loretta Brown, Lita DeAngelis, U. T. Brown and Yvonne S. Brown, 13 Trustees of the U. T. Brown Living Trust dated October 5, 2005 and Yvonne S. Brown and 14 U. T. Brown, Trustees of the Yvonne S. Brown Living Trust dated October 5, 2005 15 (collectively, the "Owners")own Parcel D, Woods of Piney Grove, Section One, containing 16 approximately 0.967 acres of land, located in the City of Virginia Beach, Virginia (GPIN: 17 1494-49-7063) (the "Property"), as further described on Exhibit A, attached hereto and 18 incorporated herein; 19 20 WHEREAS, the Property is located within the alignment for the Southeastern 21 Parkway and Greenbelt, and the City of Virginia Beach (the "City") has purchased 22 numerous other properties within the alignment in an effort to prevent development that 23 would lie in the course of the future roadway; 24 25 WHEREAS, the Owners agreed to convey the Property to the City for $85,250, 26 subject to Council approval and in accordance with the Summary of Terms attached hereto 27 as Exhibit B and incorporated herein; and 28 29 WHEREAS, funding for the acquisition is available in the Various Site Acquisitions II, 30 CIP 3-139. 31 32 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 33 VIRGINIA: 34 35 1. That the City Council authorizes the acquisition of the Property pursuant to 36 §15.2-1800 of the Code of Virginia (1950), as amended, which Property is generally 37 identified as GPIN: 1494-49-7063 and more particularly described on Exhibit A. 38 39 2. That the City Manager or his designee is further authorized to execute all 40 documents that may be necessary or appropriate in connection with the purchase of the 41 Property, so long as such documents are in accordance with the Summary of Terms 42 attached hereto as Exhibit B and containing such other terms, conditions and modifications 43 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 44 Attorney. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day 47 of January , 2016. CA13467 R-1 PREPARED: 12/11/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d011\p020\00251454.doc AP' '.;VED AS TO - s ►TENT: APPROVED AS TO LEGAL / SUFFICIE CY AND FORM: /�,� O ,., PUBLI I1 W•RKS, REAL ESTATE CITY A ORNE' P APPROVED AS TO SUFFICIENCY •F FUNDS: 1.111117 a Finance Department EXHIBIT "A" Legal Description ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, situate lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as "PARCEL D, 0.967 ACRES" as shown on that certain plat entitled: "SUBDIVISION OF WOODS OF PINEY GROVE, SECTION ONE, PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," dated January, 1989 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 193, at page 96. TOGETHER WITH all right, title and interest of the Landowner, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above described property. EXHIBIT "B" SUMMARY OF TERMS OWNERS: Loretta Brown, Lita DeAngelis, U. T. Brown and Yvonne S. Brown, Trustees of the U. T. Brown Living Trust dated October 5, 2005 and Yvonne S. Brown and U. T. Brown, Trustees of the Yvonne S. Brown Living Trust dated October 5, 2005 BUYER: City of Virginia Beach PROPERTY: Parcel D, 0.967 acres, Woods of Piney Grove, Section One (GPIN: 1494-49-7063) CONSIDERATION: $85,250 SOURCE OF FUNDS: Various Site Acquisitions II (CIP 3-139) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession. • Settlement will be within 90 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Owners shall pay their own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. ax u 140°C)QR cNs r -r , . Q , *. „ , it o r2 444 a O *te ` r. ��a ' @11F-8V4I$RACRE 'Ail KIN 1O4F94%5%9R0k7i2A0B--0E . td009618000 �-14944NI E r �a ��° ELTj ETA -14,T141,%46,4 49 41,%46 10000 ITY f GI FIA BEACH `'-;--.,� �� + � ,�• may. Legend .r".";-:.'. ,, __.... _„,..,,,,, LOCATION MAP „..,,.,....,.......„.,.„,,,,:,,,,.,,,,,,7„....,.. _ -:so,Macre,Parkway , Everette Brown Parcel--Woods at Piney Grove Damar D s city Proper Ka Viryinia BeafL Feet • _ - ” OP�ppeny Parcel 0 75 150 I I I 54 Item -VI-I.3 ORDINANCES/RESOLUTIONS ITEM#65560 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT:Resolution to AUTHORIZE ISSUANCE and SALE of$125,000,000 in General Obligation Public Improvement and Refunding Bonds 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 January 5, 2016 COUNCIL VERSION RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT AND REFUNDING BONDS IN THE MAXIMUM AMOUNT OF $125,000,000 TO FUND HERETOFORE AUTHORIZED PUBLIC IMPROVEMENTS AND TO REFUND PREVIOUSLY AUTHORIZED AND ISSUED BONDS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $68,120,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 14, 2013, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $63,946,928 of which have been issued and sold, leaving an unsold balance of$4,173,072. The issuance of $66,400,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 13, 2014, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $1,326,184 of which have been issued and sold, leaving an unsold balance of$65,073,816. The issuance of $68,900,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 12, 2015, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which have been issued and sold. It has been recommended to the City Council by representatives of Public Resources Advisory Group (the "Financial Advisor") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $72,000,000. The City Council has determined it is in the City's best interest to issue and sell all $4,173,072 of the remaining balance of the bonds authorized on May 14, 2013; up to $60,045,744 of the remaining balance of the bonds authorized on May 13, 2014; and up to $7,781,184 of the bonds authorized on May 12, 2015. The City has previously issued its $114,855,000 General Obligation Public Improvement Refunding Bonds, Series 2004B (the "Series 2004B Bonds") of which $54,905,000 is outstanding and its $72,000,000 General Obligation Public Improvement Bonds, Series 2009 (the "Series 2009 Bonds") of which $28,800,000 is outstanding. It has been recommended to the City Council by the Financial Advisor that the City may achieve certain debt service savings by refunding portions of the Series 2004B Bonds and Series 2009 Bonds (collectively, the "Prior Bonds") through the issuance of general obligation public improvement refunding bonds in the maximum aggregate principal amount of $53,000,000, subject to certain parameters set forth herein. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of$72,000,000 (the "Public Improvement Bonds") and general obligation public improvement refunding bonds of the City in the maximum principal amount of $53,000,000 (the "Refunding Bonds," and collectively with the Public Improvement Bonds, the "Bonds"). The proceeds of the Public Improvement Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, buildings and parks and recreation improvements, as more fully described in the ordinances authorizing the Public Improvement Bonds adopted on May 14, 2013, May 13, 2014 and May 12, 2015. The proceeds of the Refunding Bonds will be used to refund the Prior Bonds or selected maturities or portions of maturities thereof as herein authorized. Proceeds of the Public Improvement Bonds and Refunding Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2. Bond Details. The Bonds may be issued in one or more series, including issuance as a combined series, and shall be designated "General Obligation Public Improvement Bonds; provided any Bonds issued in whole or in part as Refunding Bonds shall also contain the word "Refunding" in such designation. The Bonds shall contain the series designation 2016 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 or RF-1 upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor, and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 9, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 4.0% (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after December 31, 2026, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than December 15, 2017, and ending no later than December 15, 2036. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as 2 they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the foliu provided for in Section 6; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 8. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Refunding Provisions. 3 The City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the Financial Advisor. In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold and provide for investment of all or portions of the proceeds of the Refunding Bonds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 4. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than December 31, 2026 as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon tennis determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules 4 and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by$5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 5. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon;provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 6. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 7. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 8. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new 5 Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 9. Sale of Bonds. The City Council approves the following teens of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 3, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale provisions and limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 10. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 below, and which forms are approved;provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale and the Official Bid Foini not inconsistent with this Resolution as he may consider to be in the best interest of the City. 11. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bond, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 6 ? ill 12. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other infoimation permitted to be omitted pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 13. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 14. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 15. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such folni as may be requested by bond counsel for the City. 16. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income 7 11,1 tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 17. Post-Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed or refinanced with such proceeds are used in compliance with the provisions of federal tax law applicable to tax-exempt governmental obligations. 18. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. The Mayor, the City Manager and such other officers of the City as either may designate are further authorized to the extent necessary or appropriate to develop, implement or enhance procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all obligations issued and to be issued by the City to which such Rule applies. 19. Other Actions. All other actions of officers of the City and of the City Council in confomiity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 20. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of certain of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 22. Effective Date. This Resolution shall take effect immediately. Exhibit A—Fomi of Bond 8 Exhibit A—Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement [and] [Refunding] Bond Series 2016 INTEREST RATE MATURITY DATE DATED DATE CUSIP REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and , beginning 1, 2016, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. it This bond is one of an issue of $ General Obligation Public Improvement [and] [Refunding] Bonds, Series 2016 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 14, 2013, May 13, 2014 and May 12, 2015, and, [The Refunding Bonds] are being issued pursuant to a resolution adopted by the City Council on January , 2016 (the "Bond Resolution"), to finance [various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements,] [to refund $ of the City's General Obligation Bonds, Series ] and to pay costs of issuance of the Bonds. The Bonds maturing on or before [ , 20 ], are not subject to optional redemption prior to maturity. The Bonds maturing on or after [ , 20 ], are subject to redemption prior to maturity at the option of the City on or after [ , 20 ], in whole or in part at any time (in any multiple of$5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on , 20 , are required to be redeemed in part before maturity by the City on , 20 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed,for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20 in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may deteiniine In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of A-2 Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-3 I I IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-4 i II ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: • • • • • the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by an Eligible Guarantor Institution NOTICE: The signature above must such as a Commercial Bank, Trust Company, correspond with the name of the registered Securities Broker/Dealer, Credit Union or owner as it appears on the front of this bond in Savings Association who is a member of a every particular, without alteration or medallion program approved by The Securities enlargement or any change whatsoever. Transfer Association, Inc. A-5 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this 5th day of January, 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI,. IENCY: 0Finance Department Cit •' i ffice p CA13541 R-1 December 18, 2015 4827-4105-9628.2 A-6 City of Virginia Beach,Virginia 2016A General Obligation Bond Sale-$69.3 million City and School Expenditures 1/16/2015-12/02/15 SAFE COMMUNITY 3134 Fire Appratus III 2,480,374 3248 Fire&Rescue Station-Blackwater 2,164,137 4,644,511 QUALITY PHYSICAL ENVIRONMENT Roadways 2026 Street Reconstruction II 1,505,743 2048 Princess Anne Rd/Kempsville Rd Intersection 560,064 2121 Nimmo Parkway-Phase V-A 2,468,805 2168 Lesner Bridge Replacement 7,171,434 2300 Traffic Safety Improvements III 3,825,702 2418 Indian River Rd/Kempsville Rd Improvements 1,023,401 16,555,149 Buildings 3136 Various Buildings HVAC Rehab and Renewal III 1,667,257 $1,667,257 PARKS AND RECREATION Buildings 4503 P&R Administration Offices Relocation 778,782 4509 Kempsville Recreation Center 2,609,820 3,388,602 TOTAL GENERAL GOVERNMENT $26,255,519 rounded $26,200,000 QUALITY EDUCATION&LIFELONG LEARNING Buildings 1001 Renovations and Replacements-Energy Management 158,071 1003 Renovations and Replacements-Energy Management II 100,000 1004 Tennis Court Renovations II 190,515 1005 Green Run Collegiate 414,031 1008 Instructional Technology 385,658 1035 John B.Dey Elementary School Renovation 709,307 1099 Renovations and Replacement-Grounds-Phase II 734,894 1103 Renovations and Replacement-HVAC Systems-Phase II 3,629,903 1104 Renovations and Replacement-Reroofing-Phase II 5,367,575 1105 Renovations and Replacement-Various-Phase ll 1,808,967 1233 Kemps Landing/Old Donation Center Replacement 29,649,509* TOTAL SCHOOLS $13,498,921 rounded $43,100,000 TOTAL BOND SALE $39,754,440 total bond sale size rounded $69,300,000 Depending on market conditions this may be increased but in no event will the total bond sale size exceed the$72,000,000 authorized in the Resolution. 55 Item -VI-I.4 ORDINANCES/RESOLUTIONS ITEM#65561 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Resolution to REQUEST support of the Virginia Beach Congressional Delegation to include the Lynnhaven River Basin Ecosystem Restoration Project in the Army Corps of Engineers FY- 2016 Work Plan as a Top Priority New Start Construction Project; and, AUTHORIZE City Council's cost-share in the restoration 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 January 5, 2016 REQUESTED BY MAYOR SESSOMS 1 A RESOLUTION TO SEEK THE SUPPORT OF 2 OUR CONGRESSIONAL DELEGATION IN A 3 REQUEST TO THE U.S. ARMY TO INCLUDE 4 THE LYNNHAVEN RIVER BASIN ECOSYSTEM 5 RESTORATION PROJECT IN THE FY 2016 6 WORK PLAN AS A TOP PRIORITY NEW START 7 CONSTRUCTION PROJECT 8 9 WHEREAS, the City Council, working in concert with the U.S. Army Corps of 10 Engineers (USACE), Lynnhaven River NOW, and many other organizations, has for 11 many years sought to restore the health of the Lynnhaven Estuary; and 12 13 WHEREAS, the Lynnhaven River Basin watershed represents one-fourth of the 14 area of the City of Virginia Beach, and it supports a tremendous level of recreational 15 boating and fishing, crabbing, and ecotourism; and 16 17 WHEREAS, the Fiscal Year 2016 Omnibus Spending Bill gives the U.S. Army 18 Corps of Engineers (USACE) authorization to include six new construction starts in its 19 FY 2016 Work plan, with one project of those six dedicated to environmental restoration 20 benefits; and 21 22 WHEREAS, the Norfolk District of the USACE has indicated that the City of 23 Virginia Beach's Lynnhaven River Basin Ecosystem Restoration project is a prime 24 contender for the new starts construction funding in the FY 2016 Work Plan; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA, THAT: 28 29 The City Council requests our Congressional Delegation, including Senators 30 Warner and Kaine and Congressman Rigell support the inclusion of the Lynnhaven 31 River Basin Ecosystem Restoration Project in the USACE FY 2016 Work Plan as a new 32 start construction project. 33 34 BE IT FURTHER RESOLVED THAT: 35 36 The City Council intends to provide support for this project to include the 37 customary 35% cost-share required by the Water Resources Development Act and 38 other support needed for the restoration required such as easements and disposal or 39 borrow areas. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of January , 2016. APPROVED AS TO LEGAL SUFFICIENCY: orney s Office CA13548/ R-1 /December 28, 2015 yi r 5 17-L. ity ©f 1rgi Li 1 .• -auch -` • Op OUR Katy `Bg `.�7�,�� Com WILLIAM D.SEGROM4{S,AL MUNICIPAL CENTER MAYOR IMAM I 2401 COURTHOUSE ORME VIRGINIA EACH.VA 234668000 (757)3854581 FAX(757)385-689G IseessornsiNogovixen December 21,2015 The Honorable Mark Warner 475 Russell Senate Office Building Washington, DC 20510 The Honorable Tim Kaine 388 Russel Senate Office Building Washington, DC 20510 Dear Senators Warner and Kaine: Thank you for your continuing leadership in support of the City of Virginia Beach_ I want to direct your attention to a significant opportunity for Virginia Beach in the FY 2016 Omnibus Energy and Water Appropriations. The Act gives the U.S. Army Corps of Engineers (USAGE) authorization to include six new construction starts in its FY 2016 Work Plan with only one project nationwide of these six specifically dedicated to environmental restoration benefits. The Norfolk District has indicated that the City's Lynnhaven River Basin Ecosystem Restoration project is a prime contender for this spot. I am asking that you convey support to Assistant Secretary Darcy to designate the Lynnhaven Project as the environmental restoration new starts with a funding level of$1 million (the Corps' capability) in the FY 2016 Work Plan. As the Corps only has 60 days from the signing of the Omnibus to develop its FY 2016 Work Plan, this request is time sensitive. After the Chief of Engineer's Report was submitted to Congress in 2014, this project was authorized in the 2014 Water Resources Reform and Development Act (WRRDA) bill. The City of Virginia Beach has committed to the 35% cost-share that the WRRDA authorization required for the restoration project, as well as to provide all lands, easements, relocations, rights-of-way, and disposal or borrow areas (LERRD). The final step needed to begin work on this project is a new start authorization for construction in the FY.2016 Work Plan. The Honorable Mark Warner& The Honorable Tim Keine December 21,2015 Page 2 The Lynnhaven River Basin watershed represents one-fourth of the area of the City of Virginia Beach and supports a tremendous level of recreational boating and fishing, crabbing, and ecotourism. As this area has become more urban with increases in population and density, the watershed has experienced a loss of natural buffers. In 2013, the USAGE completed a feasibility study for the project which found that the negative effects of these changes have been significant and include loss of tidal wetlands, reduced water quality, invasive wetland species, siltation, and more. The Corps had completed an earlier Reconnaissance Study in the Lynnhaven River Basin in 2004 which concluded that environmentally sensitive solutions could be formulated to provide substantial ecosystem restoration benefits in the Basin. The 2013 feasibility study specifically recommended a four-part plan to restore the area with an estimated cost of $1,529,000. The restoration would include ecological benefits resulting in an increase in secondary production (285,000 kg/yr of aquatic biomass), an increase in species diversity (measured using a biological index), and an increase in marsh productivity (an average increase of 70 points using the USEPA Marsh Assessment Score).This project is of tremendous importance to the City,and as mentioned has been specifically cited as a great potential contender for this funding. In addition to this request, I hope that you will also ask Assistant Secretary Darcy to include funding for the City's ongoing beach re-nourishment and dredging projects in the FY 2016 Work Plan: • Virginia Beach Erosion and Hurricane Protection Project:$100,000 Nationally known as one of the best-designed beach erosion control and hurricane protection systems in the U.S. this 65% federally authorized project protects 5 miles of commercial beach property, and is the heart of the City's Beach tourism. Since its completion in 2002, the project has more than recouped its original costs at least a dozen times over through damage- prevention from tropical storms surges and nor'easters that have hit the Commonwealth's coastline. To remain effective, the Corps has determined that another cycle of replenishment will be necessary in FY 2017, and the Corps estimates they will need $6,100,000 to complete this. For FY 2016 the Corps requests $100,0()0 as a placeholder for the FY 2017 major re-nourishment. These efforts are critical to maintaining Virginia Beach's resilience, as it continues to be one of most vulnerable cities in the U.S.to hurricanes. • Sandbridge Hurricane Protection and Beach Nourishment Project $3,850,000 This 4.5 mile beach along the southern part of Virginia Beach is in particularly grave danger of being subjected to severe storm damages and economic loss. In 2013, the City added two million cubic yards of sand along this beachfront from Back Bay National Wildlife Refuge to the Dam Neck Naval Facility, using $18.5 million of 100 percent non-federal contributed funds from the City of Virginia Beach. We are requesting that the Corps' $3,850,000 capability for Sandbridge Beach re-nourishment be included in the Work Plan. The Honorable Mark Warner& The Honorable Tim Kaine December 21, 2015 Page 2 • Lynnhaven Inlet $500,000 This channel system serves as a critical commercial link for the Nation, in addition to housing the Maryland and Virginia Harbor Pilots, who guide nearly 10,000 ships a year to ports in Virginia and Maryland. $500,000 is included for this project in the FY 2016 Omnibus Appropriations Operations and Maintenance (O&M) account The inlet will require another full dredging in FY 2016, and as such we ask for an additional $500,000 to allow the Corps to complete this dredging. • Rudee Inlet:$1,250,000 This inlet plays a major national security role by providing direct ocean access for U.S. Navy SEALs in their SPECWARFARE training and program development Additionally, the inlet supports a large fishing and charter commercial presence. $400,000 is included for this project in the FY 2016 Omnibus O&M account, but higher funding levels will need to be included to conduct a full federal maintenance dredging contract We request and addition of$1,250,000. We have enclosed a draft letter for you to consider sending to Secretary Darcy outlining these requests.Again,thank you for your contThued support of the City. I look forward to hearing from you on this time sensitive issue. Sincerely, fr/f/ (i Wiliam D. Sessoms, Jr. Mayor City of Virginia Beach Attachment December XX,2015 The Honorable Jo Ellen Darcy Assistant Secretary of the Army(Civil Work) U.S. Corps of Army Engineers Dear Assistant Secretary Darcy: We are pleased that the Fiscal Year 2016 Omnibus Spending Bill gives the U.S. Army Corps of Engineers (USACE) authorization to include six new construction starts in its FY 2016 Work Plan, with one project of those six dedicated to environmental restoration benefits. We are contacting you about that specific project. The Norfolk District has indicated that the City of Virginia Beach's Lynnhaven River Basin Ecosystem Restoration project is a prime contender for this spot. The Chief of Engineer's Report on this project was submitted to Congress in 2014, and it was authorized in the 2014 Water Resources Reform and Development Act (WRRDA) bill. The final step needed to begin work on this project is a new start authorization for construction in the FY 2016 Work Plan. A 2013 USAGE feasibility study specifically recommended a four-part plan to restore this area with an estimated cost of $1,529,000. We very much hope that the Corps will include this top priority new start construction project dedicated to environmental restoration in its FY 2016 Work plan at a level of$1,000,000,the Corps'stated capability for FY 2016. The Lynnhaven River Basin watershed represents one-fourth of the area of the City of Virginia Beach. It supports a tremendous level of recreational boating and fishing,crabbing, and ecotourism. As this area has become more urban with increases in population and density, the watershed has experienced a loss of natural buffers.The USACE's 2013 feasibility study for the Lynnhaven project found that the negative effects of these changes have been significant and include loss of tidal wetlands, reduced water quality, invasive wetland species, siltation, and more. The Corps had completed an earlier Reconnaissance Study in the Lynnhaven River Basin in 2004 which concluded that environmentally sensitive solutions could be formulated to provide substantial ecosystem restoration benefits in the Basin. The restoration plan would include ecological benefits resulting in an increase in secondary production (285,000 kg/yr of aquatic biomass), an increase in species diversity (measured using a biological index), and an increase in marsh productivity (an average increase of 70 points using the USEPA Marsh Assessment Score).The City of Virginia Beach has committed to the 35% cost-share that the WRRDA authorization required for the restoration project, as well as to provide all lands, easements,relocations,rights-of-way,and disposal or borrow areas (LERRD). We also request funding for the City's ongoing beach renourishment and dredging projects in the FY 2016 Work Plan for Virginia Beach: • Virginia Beach Erosion and Hurricane Protection Project: $100,000 The Corps has determined that another cycle of replenishment will be necessary in FY 2017,and the Corps estimates they will need$6,100,000 to complete this.For FY 2016 the Corps requests$100,000 as a placeholder for the FY 2017 major renourishment These efforts are critical to maintaining Virginia Beach's resilience,as it continues to be one of most vulnerable cities in the U.S.to hurricanes. • Sandbridge Hurricane Protection and Beach Nourishment Project: $3,850,000 This 4.5 mile beach along the southern part of Virginia Beach is in particularly grave danger of being subjected to severe storm damages and economic loss. In 2013,the City added two million cubic yards of sand along this beachfront from Back Bay National Wildlife Refuge to the Darn Neck Naval Facility, using$18.5 million of 100 percent non-federal contributed funds from the City of Virginia Beach.We are requesting that the Corps' $3,850,000 capability for Sandbridge Beach renourishment be included in the work plan. • Lynnhaven Inlet: $500,000 This channel system serves as a critical commercial link for the Nation, in addition to housing the Maryland and Virginia Harbor Pilots, who guide nearly 10,000 ships a year to ports in Virginia and Maryland $500,000 is included for this project in the FY 2016 Omnibus Appropriations Operations and Maintenance(O&M) account.The inlet will require another full dredging in FY 2016,and as such we ask for an additional$500,000 to allow the Corps to complete this dredging. • Rudee Inlet: $1,250,000 This inlet plays a major national security role by providing direct ocean access for U.S. Navy SEALs in, their SPECWARFARE training and program development Additionally,the inlet supports a large fishing and charter commercial presence. $400,000 is included for this project in the FY 2016 Omnibus O&M account,but higher funding levels will need to be included to conduct a full federal maintenance dredging contract.We request an additional$1,250,000. We appreciate every consideration being given to these projects. Sincerely, Mask Warner Tim Kaine Cc:Shaun Donovan,Director, Office of Management and Budget 56 Item-VI-L5 ORDINANCES/RESOLUTIONS ITEM#65562 The following individuals registered to speak: Richard Welton, 940 Laskin Road, spoke in OPPOSITION. Mr. Welton advised he has lived in the City for 65 years and is a member of Galilee Church. The Church recently lost approximately 35%of their parking due to the Cavalier redevelopment and the Church is forced to tow cars from their parking lot. Mr. Wilton advised the City would never allow a business to open without adequate parking, as well as hot and cold running water and restroom facilities. Mr. Welton asked that the Fitness Park not be allowed at the proposed location. Becky Culpepper, 4004 Atlantic Avenue, #1004, Phone: 515-0533, advised she is one of four residents that phoned every resident in the Oceans Condominiums. 97% of those residents are against the proposed Fitness Park for a variety of reasons. Herb Kline, 4004 Atlantic Avenue, #1502, Phone: 437-1862, President of Oceans Condominium. The Oceans is a community of 224 private residences and generates a considerable amount of tax revenue for the City. The residents object only to the location not the concept of the Fitness Park. The Park needs to be highly visible and 40th Street is not the right location. Mr. Kline suggested using the energized 17th Street Corridor that is much more central to activities. This would be a major advance to media marketing for the City at or around 17`'` Street. There are only 12 parking spaces on 40`'` street and the Fitness Park will only put more strain on the current parking nightmare. Marnie Morgan, 3810 Atlantic Avenue, Phone: 406-6110, advised she loves the City and represents the Virginia House. — listen to CD — summarize it with the 5Ps - Problems, People, Police, Parking, Placement, Port-o-Potties, Property Values. Muscle Beach in Santa Monica has been removed due to difficulty with day-to-day operations and lack of supervision. Since March 2014, Santa Monica and Venice Beach have tried to tame the "muscle beaches". Businesses are required to provide parking spaces. She commends Mr. Hilliard for his generosity and she very much believes in staying healthy. James and Nora Bonner, 4005 Atlantic Avenue, #209, Phone: 319-8758, owners at Oceans II, did meet with Hillier. Mr. Hillier took away part of the problem but then added to it by taking the view shed. They requested the view shed of the ocean be protected. They do not want to sit on his balcony without a "view". Martha Thereault, Phone: 287-2808, advised on October 26, 2014, the residents of 40`x` Street first learned of the desire to put a Fitness Park at 40th Street to make it convenient for the North End residents. At the conclusion of the meeting, Billy Almond and Troy Clifton left the meeting knowing the residents did not want it on 40th Street. All were amazed it was in the works since 2013 yet they only learned of it in October. There has been no planning, impact studies or dimension studies to see what effects this 11- piece Jungle Gym equipment will have on the beach. Jeb Britton, III, 268 Ocean Hills Road, Phone: 417-6695, President of Oceans Hills Owners Association. Mr. Britton is opposed for all of the reasons previously mentioned. Parking issues plaque their property on a daily basis. He believes the Park is a wonderful idea but the Beach is such a precious resource and he does not feel this equipment should be placed there. Bob McKinley, 3800 Atlantic Avenue, Phone: 540-894-3912, Association Manager of the 3800 Oceanfront Condominiums is also opposed to the location of the proposed Fitness Park. Parking continues to be an issue and needs to be addressed if we want to continue promoting the City as a "year- round destination". There is also concern of how the rules will be enforced as the Police presence is concentrated between 17`x' and 31st Street. January 5, 2016 57 Item-VI-I.5 ORDINANCES/RESOLUTIONS ITEM#65562 (Continued) Pamela Hughes, 1156 Paramore Drive, Phone: 286-6463, stated this is a "grand" idea but believes it belongs somewhere else for all the reasons stated. She feels this is a "self-serving" location and this "gift"comes with a cost. She advised City Council to consider other locations. Lisa Sinibaldi, 4005 Atlantic Avenue, #212, Phone: 702-218-2594, lives at Oceans II Condominium. The proposed Fitness Park is less than 100 feet from her property. She recently moved from the West Coast and purchased her home because she never thought someone could purchase a public beach. There are three (3) other parks that would serve this project much better. L.T. Caplan, 3305 Hidden Point Cove, Phone: 748-1880, was born and raised in the City and owns a successful law practice which employees 30+ individuals. Mr. Caplan is not opposed to the Fitness Park but only the location. James Caplan, 4004 Atlantic Avenue, #501, Phone: 748-2742, advised he was born and raised in the City. Mr. Caplan is not against the Park but against the location. He requested the City consider locating this in a better and more central location. Nancy Rodeo, 4005 Atlantic Avenue, Phone: 892-9003, advised she lives the closest to the proposed park. She purchased her property because of the beautiful beach view and serenity she enjoys. The park will be open at dawn and that will create noise and be intrusive on those living in the condos. George Tsavaras, 3800 Atlantic Avenue, #304, Phone: 425-8335, opposes the proposed location. Mr. Tsavaras likes the concept and applauds Mr. Hilliard for his generosity; but, it will be better suited closer to the 17`"Street Corridor. Luke Hillier, 5000 Oceanfront Avenue, advised he grew up in the City and built more than one successful business here. Mr. Hillier loves the City of Virginia Beach and is only trying to do something to enhance and give back to the City. He expressed his appreciation to all of the supporters as well as WPL and SB Ballard for donating time, energy and services showing support of this project. He also expressed appreciation to the Lyons family for their cooperation. Kathi Sedel, 116 83rd Street, advised she is an employee with Schools. This Fitness Park will generate a separate type of individual than the "typical" Resort Beach behavior. The Park is ADA approved and champions the wellbeing of people with disabilities. This will be a free amenity for visitors. Rob Nicholson, 1317 N. Bay Shore, is a citizen and business owner in the City. Mr. Nicholson bikes and works out at the Beach and supports the proposed Park. Paul Kane, lives at 40`" Street and supports the Park. He feels this Park will bring a positive image on a national level. He feels the residents on Holley Road/Bay Colony want this Park. Joe La Monthene, advised he has lived in the City his entire life and is also a successful business owner. Mr. La Monthene was with Mr. Hillier in Santa Monica when they first saw this type of Fitness Park. He was impressed with the comradery and willingness to help them out learning to use the community. In 2013, the City was named the "Fittest City in the Country" and this will help us maintain this national spotlight. January 5, 2016 58 Item -VI-L5 ORDINANCES/RESOLUTIONS ITEM#65562 (Continued) Arthur Rutter, 1913 Lynn Cove Lane, advised he is lifetime resident of Virginia Beach. Mr. Rutter encourages the City to embrace this concept from a Philanthropist. The City has welcomed and encouraged such ideals such as the Vibe District. The City needs to continue to embrace people that look at the City as a `partner"and help advance the City. Christopher Naughton, 4004 Atlantic Avenue, Phone: 348-5928, is a resident at 40"` Street and owns a law firm on Laskin Road. He does not oppose the Fitness Park but does oppose the location. Should this permanent structure be placed at 40"` Street, it will change the nature of the North End of the Resort Area. Increase of crime is a concern as well as the environment and natural resources of the beautiful beach. Deb Pearson, 4005 Atlantic Avenue, #202, Phone: 478-9797, advised her biggest concern is there is no logical reason to why they want this Park at 40"` Street. The weather plays a factor and such a permanent structure will require expensive maintenance and repair work. She worries about who will be policing the Park and enforcing the rules. Scott Taylor, 4544 Columbus Street, Phone: 343-3808, spoke in support of this Park. He advised he has used parks like this around the Country. This Park will enhance the City and be used to help citizens maintain a healthy lifestyle. Russell Lyons, 3612 Atlantic Avenue, Phone: 297-6028, is the owner of Coastal Hospitality/Holiday Inn North Beach and supports this Fitness Park. There were no additional speakers. January 5, 2016 59 Item -VI-L5 ORDINANCES/RESOLUTIONS ITEM#65562 (Continued) Upon motion by Councilman Uhrin, seconded by Councilman Davenport, the Ordinance to AUTHORIZE an Agreement re construction and dedication of the "Hillier Ignite Fitness Park" at 40`x' Street, Oceanfront FAILED due to a tie vote. Voting: 5-5 Council Members Voting Aye: M. Benjamin Davenport, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss and Amelia N. Ross-Hammond Council Members Abstaining: Shannon DS Kane Council Members Absent: None January 5, 2016 60 Item-VI-L 6a ORDINANCES/RESOLUTIONS ITEM#65563 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT,Resolution to REQUEST the Virginia General Assembly: a. LEGISLATE regulations re internet based peer-to-peer hospitality services Voting: 10-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: None January 5, 2016 REQUESTED BY COUNCILMEMBER WILSON 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO ADOPT LEGISLATION TO 3 REGULATE PEER-TO-PEER HOSPITALITY 4 SERVICES 5 6 WHEREAS, in its recent sessions, the General Assembly has provided regulation 7 of peer-to-peer driving services such as Uber and Lyft; and 8 9 WHEREAS, peer-to-peer hospitality services, such as AirBNB, present health 10 and safety concerns, which require a system of licensure and inspection; and 11 12 WHEREAS, the City's Zoning Ordinance regulates bed and breakfast inns by 13 conditional use permit, but because all locations of peer-to-peer hospitality services do 14 not meet the Zoning Ordinance's definition of"bed and breakfast inns," the City's zoning 15 enforcement division must discover peer-to-peer locations and, upon discovery, 16 determine whether such locations are compliant with Zoning regulations; and 17 18 WHEREAS, the Commonwealth and the City may be losing significant revenue 19 when peer-to-peer transactions are not regularly reported and require such taxing 20 officials to discover such activities to force collection of taxes, which are paid by all other 21 providers of hospitality services; and 22 23 WHEREAS, in addition to the health, safety, and tax-equity concerns, peer-to- 24 peer hospitality services create issues in neighborhoods that result from more intensive 25 uses of residential properties including parking and ingress/egress capacity; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 The City Council requests the General Assembly adopt legislation to address 31 health, safety, welfare, and tax equity issues related to peer-to-peer hospitality services, 32 such as AirBNB. 5th Adopted by the City Council of the City of Virginia Beach, Virginia, this day of January 2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13549 R-1 December 28, 2015 cplIA•BEA Ok 4 z City of Virginia I leach � a i Op DUR NAS‘(S5 VBgov.com JOHN E.UHRIN PHONE: (757)200-7005 COUNCILMAN-DISTRICT 6-BEACH JUHRINQVBGOV.COM Refer to File No. 0056932 January 5, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the resolution requesting the General Assembly to adopt legislation to regulate peer-to-peer hospitality services. 2. Regulation of peer-to-peer hospitality services could impact hotel and motel owners and employees. 3. I am an employee of Burlage Management Corporation, which is located at 801 Atlantic Avenue in Virginia Beach. Burlage Management Corporation owns hotels in the City. 4. I am a member of a business, profession or occupation, namely Resort Area hoteliers. If the General Assembly adopts the requested legislation, all members of this profession may be affected by such legislation. 5. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Burlage Management Corporation is speculative and therefore the Act provides that I may participate in this transaction without 215 ATLANTIC AVENUE,VIRGINIA BEACH, VIRGINIA 23451 Mrs. Ruth Hodges Smith -2- January 5, 2016 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2-3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincere , Jin E. Uhrin Councilmember JEU/RRI I I City of Virginia Beach 039 a , �G2, e 9 Of OUR VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 Refer to File No.0056931 January 5, 2016 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H) Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H), Code of Virginia, I make the following declarations: 1. I am making this written disclosure regarding City Council's discussion and vote on the resolution requesting the General Assembly to adopt legislation to regulate peer-to-peer hospitality services. 2. Regulation of peer-to-peer hospitality services could impact short-term rental providers and property management services providers, including Berkshire Hathaway HomeServices Towne Realty ("Berkshire Hathaway"), which is located at 984 First Colonial Road, Suite 204, Virginia Beach, Virginia 23454. 3. I am a real estate agent affiliated with Berkshire Hathaway, and I have a personal interest in the company because I receive commissions from the company. The only income I receive from Berkshire Hathaway is my own commissions from my own sales. I do not personally provide property management services. 4. I am a member of a business, profession or occupation, namely real estate service providers that also provide property management services. If the General Assembly adopts the requested legislation, all members of this profession may be affected by such legislation. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 I I. Mrs. Ruth Hodges Smith -2- January 5, 2016 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(H) 5. Although the City Attorney has advised me that with respect to this transaction, any benefit or detriment to Berkshire Hathaway is speculative and therefore the Act provides that I may participate in this transaction without restriction, I nevertheless have chosen to disclose this potential interest and state that I am able to participate in this transaction fairly, objectively, and in the public interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and 2.2- 3115(H). I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, 1 j/4_ee__,?_.. .2-- -e---t. A-9,4. -----....., Rosemary A. Wilson Councilmember RAW/RRI 61 Item -VI-L 6b ORDINANCES/RESOLUTIONS ITEM#65564 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT,Resolutions to REQUEST the Virginia General Assembly: b. DIRECT a $25-Million Tobacco Regional Revitalization Commission appropriation to Hampton University re cancer care and treatment 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 January 5, 2016 REQUESTED BY COUNCILMEMBER DYER 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO DIRECT TOBACCO REGION 3 REVITALIZATION COMMISSION FUNDS TO HAMPTON 4 UNIVERSITY 5 6 WHEREAS, the Tobacco Region Revitalization Commission was created by the 7 General Assembly in 1999; 8 9 WHEREAS, its mission is the promotion of economic growth and development in 10 tobacco-dependent communities using proceeds from the National Tobacco Settlement 11 and no general fund dollars; 12 13 WHEREAS, western Hampton Roads was the site of substantial tobacco farming 14 prior to the tobacco settlement nationwide; 15 16 WHEREAS, many citizens engaged in farming were displaced to other 17 jurisdictions in Hampton Roads; 18 19 WHEREAS, the University of Virginia Hospital and the Medical College of 20 Virginia Hospital have received funds from the Tobacco Commission; 21 22 WHEREAS, Hampton University has state-of-the-art technology that can benefit 23 all residents of the Commonwealth, especially in the areas most impacted by tobacco 24 farming and cigarette production; 25 26 WHEREAS, these technologies can be applied very effectively statewide through 27 telemedicine and other means; 28 29 WHEREAS, Hampton University has invested a quarter of a billion dollars in 30 development of these technologies, for the benefit of all Virginia residents; and 31 32 WHEREAS, this is an issue of fairness and equity for the Hampton Roads region; 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH: 36 37 The City Council requests that the General Assembly provide funding through the 38 2016-2018 biennium by directing the Tobacco Commission to provide $25 million to 39 Hampton University to supplement its efforts in providing cancer care and treatment to 40 all Virginians. 41 5th 42 Adopted by the City Council of the City of Virginia Beach, Virginia, this 43 day of January , 2016. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 ( I\ Pm' ty Manager's Office City Attorney's Offic CA 13547 R-1 December 22, 2015 62 Item—VI-I.7a ORDINANCES/RESOLUTIONS ITEM#65565 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT,APPROPRIATE and TRANSFER: a. $200,000 from the Virginia Department of Behavioral Health and Development Services (DBHDS) to Human Services 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 January 5, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE PROGRAM OF ASSERTIVE COMMUNITY 3 TREATMENT AND TO AUTHORIZE TWO FULL-TIME 4 EQUIVALENT POSITIONS SUPPORTED BY STATE 5 FUNDING 6 7 WHEREAS, the Virginia Department of Behavioral Health Services(VDBHDS) has 8 awarded the Virginia Beach Human Services Department an additional $200,000 in 9 ongoing State funding as part of the annual DBHDS Performance Contract for the Program 10 of Assertive Community Treatment (PACT), and is not requiring a local funding match. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 (1) $200,000 is hereby accepted from the VDBHDS and appropriated, with 16 estimated state revenues increased accordingly, to the FY 2015-16 Operating Budget of 17 the Department of Human Services to implement a PACT Forensics Enhancement 18 program including start-up costs; 19 20 (2) Two additional full-time equivalent positions are authorized in the FY 2015-16 21 Operating Budget of the Department of Human Services effective January 5, 2016 to serve 22 in the new PACT Forensics Enhancement program to include two Clinicians; and 23 24 (3) The two additional full-time equivalent positions are conditioned upon the 25 Department of Human Services receiving continued state funding for such purpose. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of January 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Da,;,) 0 p Budget and Management Service C • ney's •ffice CA13544 R-1 December 21, 2015 ii 63 Item—VI-L 7b ORDINANCES/RESOLUTIONS ITEM#65566 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT,APPROPRIATE and TRANSFER: b. $352,885 from the Reserve for Contingencies to the General Registrar re the Presidential Primary Elections on March 1, 2016 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 January 5, 2016 i II 1 AN ORDINANCE TRANSFERRING FUNDS FROM 2 THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES TO THE GENERAL REGISTRAR 4 FOR THE PRESIDENTIAL PRIMARY ELECTIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $352,885 is hereby transferred from the General Fund Reserve for 10 Contingencies to the FY 2015-16 Operating Budget of the General Registrar to fund the 11 March 1, 2016 dual presidential primary elections. Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of January , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L , OP, Budget and Management Services City rn- ' • .c- CA13545 R-1 December 21, 2015 64 Item—VI-J PLANNING ITEM#65567 1. GRACE BIBLE CHURCH MODIFICATION OF CONDITIONAL USE PERMIT 2. TED TIGNOR ENLAREMENT OF NONCONFORMING USE 3. THE UNITARIAN CHURCH OF CONDITIONAL USE PERMIT NORFOLK 4. SANTIAGO LIVARA,HI CONDITIONAL USE PERMIT 5. WAVE RIDING VEHICLES ALTERNATIVE COMPLIANCE TO FORM BASED CODE 6. PRINCESS ANNE MEADOWS,LLC CONDITIONAL CHANGE OF ZONING 7. CITY ZONING ORDINANCE TATTOO PARLORS and BODY PIERCING MAYOR SESSOMS WILL ABSTAIN ON ITEM#3 ITEM#4 WILL BE CONSIDERED SEPARATELY MAYOR SESSOMS WILL ABSTAIN ON ITEM#4 MAYOR SESSOMS WILL ABSTAIN ON ITEM#5 ITEM#6 WLL BE CONSIDERED SEPARATELY January 5, 2016 I I. 65 Item -VI-J PLANNING ITEM#65568 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT: Items 1, 2, 3(MAYOR ABSTAIN), 5 (MAYOR ABSTAIN) and 7 of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 5, 2016 66 Item—VI-J.1 PLANNING ITEM#65569 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of GRACE BIBLE CHURCH for Modification of a Conditional Use Permit re a Religious Use (approved August 28, 2012) to renovate and make additions at 2956 Ansol Lane DISTRICT 6 BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of GRACE BIBLE CHURCH for Modification of a Conditional Use Permit re a Religious Use (approved August 28, 2012) to renovate and make additions at 2956 Ansol Lane (GPIN 1497137848)DISTRICT 6—BEACH The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on August 28, 2012, are deleted and are replaced with the conditions listed below: 2. When the site is developed, it shall be developed in substantial conformance with the Plan entitled, "Grace Bible Church;Ansol Lane, West of Landmark Square," prepared by Martin Engineering, dated September 30, 2015, with an addition of a tent as referenced in Condition No. 4 below. 3. When the building is renovated, including the addition, it shall be in substantial conformance with the elevation depicted on the exhibit entitled, "Proposed Building Elevation, "prepared by Visioning Studios. 4. A tent shall be permitted on the site, in the general location depicted on the Exhibit approved by the Virginia Beach City Council in 2012 entitled, "Grace Bible Church, Use Permit Exhibit." 5. The applicant shall obtain and maintain as necessary, any permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department for the tent. 6. The use of the tent is limited to the requirements listed in the Uniform Statewide Building Code and the State Fire Prevention Code. If the tent is enclosed on the sides, the applicant shall obtain necessary permits and inspections from the Fire Department. 7. The Zoning Administrator, with the concurrence of the Building Office, may review and renew the use of the tent on an annual basis. 8. When the shed is designed and constructed, it shall have an exterior color scheme that matches the church building, with the exception that no primary colors shall be permitted. Prior to the installation or construction of the shed, an elevation shall be submitted to the Planning Director to ensure that its design is complementary to the site. Upon such finding, the Planning Director may approve the elevation. January 5, 2016 67 Item—VI-J.1 PLANNING ITEM#65569 (Continued) 9. Any freestanding or building mounted signage, including any banner or graphic on the building or on the site, shall meet all applicable City ordinances, unless otherwise authorized by the Board of Zoning Appeals. 10. Traffic control measures shall be in place during Sunday services, Wednesday evening services and during other large special events, including but not limited to concerts, weddings and funerals. This measure, at a minimum shall consist of a trained traffic control personal, approved by the City's Police Department, to direct traffic at the Ansol Lane and North Lynnhaven Road intersection. 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 Fifth day of January, Two Thousand Sixteen. 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,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms,Jr. Council Members Absent: None January 5, 2016 I , L., - 7 -- ... ( ' . .. CC :"". : (..--. 14:•;,,,l7 le) N .1% Z y.,. ' I 0 kii) r 4.; ,r; r., -'- ! 0 tt) ,,, ..,......... un r, ":;4.-: LLI —wilij.4N0 .., ' cc ' •..,... CCII , ' , . . LUc , (..) .... , Olt c- . ‘m . , 0 4 ..., L7 CC . -1 ! c to , ,.::,:., „....,. .,.., „:,.i..,_ 0 , _, ... * ' 0 g , i r.,'..Y.y. to .1 Ot; 0 '.0 ' J O , ) fi . CO i.-..,..; 0 1 1 s--,:._:. K-:-'$ •.... a) ,,,,, 0 N • ii,,,,I,:,:: ..,7,7. •:;.--.,. o 1 I 1 0 , „Pt „ ,...„.,. tr,:0 AO/. fg.' PeOH lueip sIlluiN -- 10 1 ........ tO , 0 , irSI cs, C (1) N < 4.4 LO 44 cn a) -;„ 1.— ...,_. et r, 0 ...,,-, = 4 w t a t ,.... .1- - 1 i „- IIIS 68 Item—VI-J.2 PLANNING ITEM#65570 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of TED TIGNOR for an Enlargement of a Nonconforming Use for an addition at 501 Carolina Avenue DISTRICT 6 BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of TED TIGNOR for an Enlargement of a Nonconforming Use for an addition at 501 Carolina Avenue (GPIN 2427132281)DISTRICT 6—BEACH The following condition shall be required: There shall be no development of the site beyond the improvements shown on the submitted Site Plan entitled, "PHYSICAL SURVEY OF 501 CAROLINA AVENUE & 704 BALTIC AVENUE, VIRGINIA BEACH, VIRGINIA, FOR: DARRELL A. DRINKWATER," dated July 31, 2006, and prepared by Stephen I. Boone&Associates. 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 Fifth day of January, Two Thousand Sixteen. 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 January 5, 2016 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 501 CAROLINA AVENUE 4 5 WHEREAS, Ted Tignor, (hereinafter the "Applicant") has made application to the 6 City Council for authorization to enlarge a nonconforming use located at 501 Carolina 7 Avenue in the R-5S Residential Zoning District by enlargement of the principle dwelling; 8 and 9 10 WHEREAS, this parcel currently contains two (2) single-family dwellings, which 11 are not allowed in the R-5S Residential Zoning District; and 12 13 WHEREAS, the two (2) dwellings were built prior to the adoption of the 14 applicable zoning regulations and are therefore nonconforming; and 15 16 WHEREAS, the Planning Commission of the City of Virginia Beach 17 recommended approval of this application on December 9, 2015; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use of the parcel, as 29 enlarged, will be equally appropriate to the district as is the existing nonconforming use 30 under the condition of approval set forth herein below. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following condition: 37 38 There shall be no development of the site beyond the improvements 39 shown on the submitted site plan entitled, "PHYSICAL SURVEY OF 501 40 CAROLINA AVENUE & 704 BALTIC AVENUE, VIRGINIA BEACH, 41 VIRGINIS, FOR: DARRELL A. DRINKWATER," dated July 31, 2006 and 42 prepared by Stephen I. Boone & Associates, P.C.. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of January , 2016. III. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (in 4444 kiyir Planing City Attorney's Office CA13539 R-1 December 15, 2015 2 i Sim 1 eq ' - 0---— 14X: ,- - ' - "44v):—. —1.--- U424 ---- 4 Z . 14 - i i3r _ - 4._$:-.._ co , fC *' rj Ze uri,,.. 4 , a ilii ��,,p,V 4` il, t t NJESUE I" lVIII iti BALTIC A i II _ it o i tin in 2 1 8 . R __--- w - .,... f h mayin .Q y" 1!S GO in "Zi. , i 410 in to 4.4 V i _.._--_ --...- 1/5 r iy 41r, y . i in voit railin i 7. Cbi i ill. 69 Item—VI-J.3 PLANNING ITEM#65571 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of THE UNITARIAN CHURCH OF NORFOLK and SKANSKA USA CIVIL SOUTHEAST INC for a Conditional Use Permit to relocate their church at 809 South Military Highway DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of THE UNITARIAN CHURCH OF NORFOLK and SKANSKA USA CIVIL SOUTHEAST INC for a Conditional Use Permit to relocate their church at 809 South Military Highway(GPIN 1456260036)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. Other than dead, dying or diseased trees, to the best extent possible, existing trees in front of the building along South Military Highway should be preserved and properly maintained. 2. The existing parking lot shall be restriped clearly to delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act (ADA) with regard to the amount required and marking. 3. All necessary permits and a Certificate of Occupancy shall be obtained before occupancy and use of the building as a church. 4. Any on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. In addition, any signs that are illuminated must use an external source of light to better integrate with the building's architecture. 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 Fifth day of January, Two Thousand Sixteen. January 5, 2016 70 Item—VI-J.3 PLANNING ITEM#65571 (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,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None January 5, 2016 i 1 71; mile / // // . s 7 MN 0 L 0$4 6 4.... .. ..... 0 f------ ": - ------ trt ..... Oft, ••• 1 : / = -----,_,_ 011 ----i--- , Z" ...0 i ...., . _._ 4..% ---, , ,.. -- U 411'--- ------- Ca :,. -----„_ --__ b C '''''''''-,,,... -'''''''''', 1 .,.„.,.. 7 All eft 7. -`+,..„.,„. 1:40•3:41° •••• '''' 1.11 a (13 144 ens& IC T. a NI ow D ...,„ -,.. e- iq -----------,...._N 6 ----,„L I- - ____------- - - , ._------- b13 1 ID; ... V.; ( ' \------- ---- CNI R41 _ i 4. 46 a ab AI •Mil, II. . et \\\\ , 86 \ss) li :.L'. t , X , ,, ' 1 t WI I MOM 1_ 1 ..*......- — > __ t a. 2 ____'1 1 r -- -, I FH I Ne t I 01141.A BEA, U City of Vir ii .i Beach '''" * ,o Op OUR NP O 5 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 0056929 January 5, 2016 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 The Unitarian Church of Norfolk for a Conditional Use Permit for Religious Use at property located at 809 South Military Highway and owned by Skanska USA Civil Southeast Inc. 2. I have a personal interest in TowneBank, which is located at 600 22w' Street in Virginia Beach. 3. The applicant has identified TowneBank as a financial services provider with respect to this application, and I will abstain from voting on this matter. Mrs. Ruth Hodges Fraser -2- January 5, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, Wi ham . Sessoms Mayor WDS/RRI 1,1 71 Item—VI-J.4 PLANNING ITEM#65572 Ernest Hudson, 2428 Almeda Avenue, Suite 220, Phone: 536-9073, is the adjacent property owner and expressed concern regarding the parking. Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council DEFERRED TO JANUARY 19, 2016: SANTIAGO LIVARA, III and SLACSCAR, LLC for a Conditional Use Permit re auto repair at 129 Pennsylvania Avenue DISTRICT 4—BAYSIDE 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None January 5, 2016 IIII 4G��ttA'BFgc 45, City of Vires;inia I 3€ ich N94. OF OUR NAt1�N 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.corn In Reply Refer to 0056912 January 5, 2016 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 Santiago V. Livara III for a Conditional Use Permit for an Automotive Repair Garage at property located at 129 Pennsylvania Avenue and owned by SLACSAR, LLC. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The applicant has 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- January 5, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, fr/t//111//1----- William D. Sessoms Mayor WDS/RRI 72 Item—VI-J.5 PLANNING ITEM#65573 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, BY CONSENT: Application of WAVE RIDING VEHICLES and LES SHAW for alternative compliance to the Form Based Code re manufacturing, fabricating, wholesaling and distribution at 60919``Street— ViBe Creative District DISTRICT 6 BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of WAVE RIDING VEHICLES and LES SHAW for alternative compliance to the Form Based Code re manufacturing, fabricating, wholesaling and distribution at 609 19th Street — ViBe Creative District (GPIN 2417975432) DISTRICT 6 — BEACH The following condition shall be required: 1. With the approval the City of Virginia Beach Permits and Inspections Coordinator, the minimum parking pavement requirements shall be made to the site within one (1)year after the date of City Council approval. 2. This Special Use Exception for Alternative Compliance is approved to allow businesses under three thousand(3,000) square feet in the area that focus on the custom design and handmade production of specialty goods. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of January, Two Thousand Sixteen. 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, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None January 5, 2016 , 1 w C) ..... z 1=. _ U 1 •IMOD I MC _ --.-----i , ......ON 1 I 1 , , II, , ,t t 1. t \ 0 t , 1,. I bp , , \ t I ,. , ,., 4) %.) C I I . 1 , , tt - _ ______ , C t wane ;_______--),- ---• -- ''.- CI TS "Oa OM. ...k. ae tit€VIE RO,,t1E.AS AV€ ttlt.:-011. V.kiki\SE,PM 1INI€ -------1 ,' - -- - I 41.6 1 , I ' 0 cli C lift , ; V i a i . I i 1 1, li4X s , 1 1 I r _ ___1 I g I I i I 1 1 I ; t I 1 1 . I CP 1 T"' 1 I , ; 1 t 1, 1 1 , t t 0 , — I, r--- ii I i I t i ' 1 , 1 1 I 11, . I ----i , I \ --, 4 t ------- 1 , , , fo. i i „401111.--401110— if i f t 1 , al ,, 1 I. r-.1 o 1 4 1 $I tt. r. t , \ _____------- , r \ is) , 1 , , U) 1 I I . , I I-- 0 , . , , t 1 , 0 AVE , ,,..... .__„ ..._ kJ, CY P RVISS 411. LAJ OVIgeSS Nsit: ____ _- , ...„ , .. ---- ..t- . t , . . . , 1 , t 'I t t G141A•B Ac 4\ �x City of Vir irz is I leach * q94- S 4" Op OUR NA.-004 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 0056930 January 5, 2016 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 Wave Riding Vehicles for Alternative Compliance to Form Based Code for land owned by Les Shaw and located at 609 19th Street. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The property owner has identified TowneBank as a financial services provider with respect to the property that is the subject of this application, and I will abstain from voting on this matter. I Mrs. Ruth Hodges Fraser -2- December 1, 2015 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Please record this declaration in the official records of City Council. Thank you for your assistance. Sincerely, fr/i/ William D. Sessoms Mayor WDS/RRI 73 Item—VI-J.6 PLANNING ITEM#65574 Anne Crenshaw, representing the Applicant, spoke in SUPPORT. Belinda Hester, spoke in SUPPORT. David Riley, 2776 Pleasant Acres Drive, Phone: 706-5564, spoke in OPPOSITION. Jackson Hartman, 2737 Pleasant Acres Drive, Phone: 609-5679, spoke in OPPOSITION. Lisa Hartman, 25737 Pleasant Acres Drive, Phone: 609-5679, spoke in OPPOSITION. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council APPROVED, AS PROFFERED and REVISED: Application of PRINCESS ANNE MEADOWS, LLC /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 Agricultural to Conditional R-10 Residential at Princess Anne Road and Tournament Drive re eighty (80)single-family dwellings (deferred December 8, 2015)DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PRINCESS ANNE MEADOWS, LLC/ 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 Agricultural to Conditional R-10 Residential at Princess Anne Road and Tournament Drive re eighty (80)single-family dwellings (deferred December 8, 2015) (GPINs 1494470310, 149441695, 1494471877, 1494464666, 1494475502, 1494475847, 1494479615, 1494481279, 1494482492, 1494485388, and a portion of 1485841210) DISTRICT 7 — PRINCESS ANNE The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of January, Two Thousand Sixteen. 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 January 5, 2016 1 i s",ci "" 'ff-s., r--, —.-----• \,.. wAil e::› Nti 0 CZ # ' 0 ic ' lii 4# 4". • 1.• L'"<.:110P ADTO "7:‹7 • - ')., i '‘. Nr- C) ° l'fP41' - ititc'' *et * c Tie c' ev i. • wel- Fittli 4, 1-:' 0,* 4,*_. 4% tr47,f. i>„,./.., 41.1% At, (cx 7. ..4 w rem lir if: 414-67,41mip•V4 --TT":". 7100' + : P ; ir 1...401_11Li !tow 414—Atijitaiy, .6414-- .412,1i, ,t,..A4,41174, Zip s•-1\::.> ozEw t. 1.1° CD ‘ftm`4%416‘' g ENV 4%1 Min* I iligz°..f4; '' E g \----.4 ,4itp 41f47‘ Pv4e.Atio` IX 0* ° \ '4 IQ '.. I* /177c 41e1‹.) 4.6 IP. ...V.4 4,7,0 4.4k in , 5„,0hdffigaAt G. mreAk' Aiiiik*A4,4,.:<;y7\/'! 63) 7:0 ' ' 4"6 1165"14) :' til 9E1 I° filk, r7riitiCt,'``.41: ' . .4%-to „ -. ta re.A... , :: CZ: .' ' - ,k. .' • agi;te1 ' , (*) Cs ' 4:, czOr 7 n mull* #<-? ApAdtiiiiii t? _ 13.5 ! I 44 )pr b 41116 1,4 -4/40. 11, t' • ' 74 I Clittii g ak$4. # 0: ' ' li: I Illtittair" Watt* Csi 44 A, r "41411"1 . 4IW , to ...: , :ft • = .'• ij 8 wn 4114/P ,ikir Nil v ,.... 46.,.‘k i,0 Pr / . t .4. 40 k ,. / m. , itzaii /i1141,•:;',1111„:„..11117; .i.1:::::/'i, ci . -.. . _ ii or h '44E0 ' „/ "/41 I 0 11111 l'"` 41 u e cat ct) a -,i, • et f ( ION 1 I i P r ' hi e Q. 0 iu //to ( • <r, .; 4illib. Nil. 101 li g z ce 0 gi aii1,„;. /iimilliiip" :NE iNts di 4 1 vi- m ,494 kik.6. IC ir g a% u M ILI ;:44 c53 Amor N / ii4e! A r- 11 "i LI A 4 (9 / II I I I -71 E a Z Z - 11 ',i,;', i 4:C /11, `' II , 4. 11 - . IOW ` • c II E g a 4 To CZ t'• i , it ' Pli,1 1! II 1 ' _ i ,..1 :! 1 " °-.! J4G` `A.$EAc, :+ *' 1 Off, ='`'',46 1 u u, k, . , CITY OF VIRGINIA BEACH "1 ► INTER-OFFICE CORRESPONDENCE OF`OUR,NMZ•\pN In Reply Refer To Our File No. DF-9343 DATE: December 23, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: ,,B. Kay Wils. DEPT: City Attorney RE: Conditional Zoning Application; Princess Anne Meadows, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 5, 2016. I have reviewed the subject proffer agreement, dated October 20, 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 4c30.5 40 (AL ` (*2.. CITY OF VIRGINIA BEACH u:,: m oi,,,,,,y,) ,.5: INTER-OFFICE CORRESPONDENCE yrs - - _ :te OF OUR'NPT‘ONS In Reply Refer To Our File No. DF-9343 DATE: December 23, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wils. �f. DEPT: City Attorney RE: Conditional Zoning Application; Princess Anne Meadows, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 5, 2016. I have reviewed the subject proffer agreement, dated October 20, 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 PRINCESS ANNE MEADOWS, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this au-day of 0(k.iCkX is, 2015, by and between PRINCESS ANNE MEADOWS LLC as applicant, as party of the first part, FIVE MILE STRETCH ASSOCIATES, LLC, a Virginia limited liability company, Grantor; JAMES T. CROMWELL, SPECIAL COMMISSIONER FOR THE ESTATES OF ANNIE B. SETZER, BROWN K. SETZER and ROBERT C. SETZER, LOLITA C. ARALAR and E.S.G. ENTERPRISES, INC., a Virginia corporation, collectively herein as 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, Five Mile Stretch Associates, LLC, a Virginia limited liability company, has entered into a contract to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 23.37 acres designated as GPIN Nos. 1494-47-0310; 1494-46-i695; 1494-47-1877; 1494-46-4666; a portion of 1485-84-1210; and 1494-47-5502 on the Exhibit "A" attached hereto and incorporated by this reference; GPIN: 1494-47-0310 1494-46-i695 1494-47-1877 1494-46-4666 1494-47-5502 1494-47-5847 1494-47-9615 1494-48-1279 1494-48-2492 1494-48-5388 a portion of 1485-84-1210 Prepared By&Return To: Ann K.Crenshaw,Esquire(VSB#19538) Kaufman&Canoles,P.C. 2101 Parks Avenue,Suite 700 Virginia Beach,Virginia 23451 1 WHEREAS, James T. Cromwell, Special Commissioner for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer by Order of the Circuit Court of the City of Virginia Beach, Virginia, in a Chancery suit styled Robert Carlton Setzer vs. Leisha Setzer Harvey, et al in Chancery No. CHo1-1o96, has been empowered and directed to sell those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 13.75 acres designated as GPIN Nos. 1494-47- 5847; 1494-47-9615 and 1494-47-9615 on Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, Lolita A. Aralar has entered into a contract to sell that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.6 acres designated as GPIN No. 1494-48-2492 on Exhibit"A" attached hereto and incorporated by this reference; and WHEREAS, E.S.G. Enterprises, Inc., a Virginia corporation, has entered into a contract to sell that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.6 acres designated as GPIN No. 1494-48-1279 on Exhibit"A" attached hereto and incorporated by this reference. The parcels identified on Exhibit"A"are hereinafter referred to as the "Property". WHEREAS, the party of the first part is the contract purchaser of the assembled property containing approximately 42.45 acres and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, be petition addressed to the Grantee, The City of Virginia Beach, so as to change the Zoning Classification of the Property from AG-i and AG-2 Agricultural District to Conditional R-lo Residential 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 uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land 2 it similarly zoned are needed to cope with 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, by the existing overall Zoning Ordinance, 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 party of the first part, for itself, its 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 Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated" Plan for Princess Anne Meadows", dated September 22, 2015 prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the"Plan"). 2. When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan.The Applicant shall include with each sales contract as well as part of the Homeowners Association documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose,in the event that any roadway or public right-of-way located within the Property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either 3 I II. `London Bridge Ext South' as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property.The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater. 3. When the Property is developed, it will be subdivided into no more than 8o single family residential building lots. When the Property is developed,the total number of single family dwellings permitted to be constructed on the property shall not exceed 80. Each two-story dwelling shall contain a minimum of 2400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. 4. When the Property is developed the areas shown on the Plan outside the 8o lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. 5. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. 6. The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits,the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled"Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. 7. Further conditions maybe required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 8. 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 4 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 content, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees 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 or 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 Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning map may show by an appropriate symbol on the map the 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 of the Zoning Administrator and in the Planning department, and they shall be recorded in 5 the Clerk's office of the circuit Court of Virginia Beach,Virginia, and indexed in the name of the Grantor and Grantee. 6 i I WITNESS the following signature and seal: Applicant: Princess Anne Meadows, LLC, a Virginia limited liability c mpany By: (SEAL) Petro otarides Its: PLACUzir- COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this ZZday of(� � 2015, by Petro Kotarides, M.Ow•zule-C of Princess Anne Meadows, LLC, a Virginia limited liability company,Applicant. re ? Notary Public °°°omo,+oo S�,11 My Commission Expires: c)I� 'aa(��- e �'�:�P�Y P��•;p w Notary Registration Number: �'�J ' �T MY � r :2 COMMISSION : NUMBER • 213315 _ � O ' ° ,a HEALT H of 6 WITNESS the following signature and seal: Grantor: Five Mile Stretch Associates, LLC, a Virginia limited liability company �,,� J B Y 7 '�" (SE) . McGinnis, Managing Member COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this2-.2,‘` day of 2015,by R.J. McGinnis, Managing Member of Five Mile Stretch Associates, LLC, a Virginia limited liability company, Grantor. tJ 7 Notary Public �� %%% RAE RAE •.,� My Commission Expires: I '� 6 I V I ` .•.' ;;.. "Notary Registration Number: 32 My ��;•0 . . o; Comm, c);Z At, SI pN ��:• 2133jSR •Q: . 0 c 4 •'•., 94TH OF`I .•`% 7 WITNESS the following signature and seal: Grantor: Special Commissioner for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer By: (SEAL) mes T. Cromwe , S n- ial Commissioner COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _-( 54—day of &4 (02x, 2015, by James T. Cromwell, Special Commission for the Estates of Annie B. Setzer, Brown K. Setzer and Robert C. Setzer, Grantor. / Or/ • Notary Public I My Commission Expires: l l (72> Notary Registration Number: t 4'1,63 2- 1953 E.+1141411S9 4>A 1 12% "4 8 Grantor: (SEAT,) Lolita .Aralar COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: •The foregoing instrument was acknowledged before me this a day of 0 Ck bb Ar , 2015, by Lolita C. Aralar, Grantor, who is personally known to me or has produced DfI lef U n s identification. Notary Public My Commission Expires: Li C 3 C )2 01 ) Notary Registration.Number: '"Ts r7 g q 3 • ��\NOTARY••"(4 ': ( ' PUBLIC '• c�` ▪ REG#7579431 • n▪ MY COMMISSION T. 0 ▪ EXPIRES 114'•, 4/30/2017 ./(V 11'".-;o ALTH O��‘.. 9 Grantor: E.S.G. ENTERPRISES, INC. a Virginia c s s orati i n 4111,1 By: - AL) Andrea C. Kilmer, President/CEO COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of D cAz E-s2--f" , 2015, by Andrea C. Kilmer, President/CEO of E.S.G. Enterprises, Inc., a Virginia corporation, Grantor. -/U A,_i____, //----41.-- .4._.-(_. ,,i ---7,------4(.a- — Notary Public My Commission Expires: 6 0 " ��`�''►►� ►►'''�,,, Notary Registration Number: -7 I t) 5 I Z ( -.'iiO.PtR' 'E • . ,`''' REG•T1N5121 i i. MY COORAISSION :: EXPIRES 4ik • 6130�l019 ,,'� •ALTM 4 / 14247450v4 10 EXHIBIT "A" PROPERTY DESCRIPTION [Five Mile Stretch and Setzer] EXHIBIT A PARCEL A: GPIN Nos: 1494-47-1877-0000; 1494-46-1695-0000 and 1494-47-0310-0000 PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in the City of Virginia Beach, Virginia, lying on both sides of"the five mile stretch" of Princess Anne Road between Princess Anne Courthouse and North Land Town Road, and known, numbered and designated as "30 Acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 Acres of Land Near Land's Station, Princess Anne County, Va., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; SAVE and EXCEPT, however, the following portions thereof (a) That portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) All that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 Acres of land near Land's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale 1" = 100' - June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "now or formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." Said tract fronts 150 feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances,but in excess of 300 feet. PARCEL 2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly Princess Anne, Virginia), and designated as 1.1563 Ac on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to-wit: BEGINNING at a pin in the southwestern line of the Norfolk-Southern Right of Way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21° 44' 20" W 54.48 feet to a point; thence along a center line of a ditch N 57° 53' W 345.32 feet on a pin; thence along the centerline of a ditch N 7° 24' 30" E 251.33 feet to a pin in the southwestern line of the Norfolk- Southern Railroad Right of Way; thence along said right of way S 36° 15' E 473.95 feet to the point of beginning. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road. (GPIN Nos. 1494-46-1695 and 1494-47-0310) BEING the same property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, by deed of correction from Donald P. Sullivan and Faith R. Sullivan, husband and wife, dated March 13, 2002 and recorded June 18, 2002 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Deed Book 4717, Page 1860. PARCEL B: GPIN No: 1494-46-4666-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F 6.1 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/12 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556640. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/4 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505670. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766100 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789360. 2 BEING the same portion of property conveyed to June S. Walton and Joseph A. Walton, an undivided 1/2 interest, husband and wife, tenants by the entirety with the rights of survivorship as at common law by Deed of Gift from June S. Walton, married, dated September , 2005 and recorded October 3, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 200510030160027. The same June S. Walton having departed this life on September 19, 2010 and the property having vested in the name of her surviving spouse, Joseph A. Walton, by operation of law. Joseph A. Walton conveyed his interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905860. PARCEL C: GPIN NO: 1494-47-5502-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "G1 2.0 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat and being more particularly described as follows, to-wit: BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, S 08°21' 00" W, 47.00' to the true point of beginning said point also being located on the Southern R/W of the 66' N & S R.R. R/W, thence proceeding along the Southern R/W of the 66' N & S R.R. R/W, S 36° 15' 00" E, 14.24' to a point on the Eastern R/W of said 20' R/W, thence turning and proceeding along the Eastern R/W line of said 20' R/W, S 08°21' 00" W, 220.66' to a point at the Southern Terminus of said 20' R/W, thence turning and proceeding along the Southern Terminus of said 20' R/W, N 81° 39' 00" W, 20.00' to point on the Western R/W line of said 20' R/W, said point also being the Southeast corner of Lot G1, thence proceeding along the Southern property line of Gl, N 81° 39' 00" W, 252.72' to a point at the Southwest corner of Lot G1, thence turning and proceeding along the western property line of Lot G1, the following courses and distances: N 08° 26' 00" E, 237.38' to a point, thence N 21° 44' 00" E, 214.88' to a point at the Northwest corner of Lot Gl, said point also being on the Southern R/W line of the 66' N & S R.R. R/W, thence turning and proceeding along the Northern property line of Lot G1, said line also being the Southern R/W line of the 66' N & S R.R. R/W, S 36° 15' 00" E, 288.59' to a point at the Northeast corner of Lot 01, said point also being on the Western R/W of said 20' R/W, thence continuing S 36° 15' 00" E, 14.24' to a point on the centerline of the said 20' R/W, said point being the true point of beginning. Area of Lot G1 and adjoining 20' unnamed R/W described herein being 91,303.9 S.F./2.10 acres. 3 TOGETHER WITH all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the Grantor for ingress and egress to a publicly dedicated street over property of the Grantee. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/18 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556620. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/3 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505660. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766110 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789390. Deed of Correction from Traci Lassiter recorded in Instrument Number 20071113001521360, corrected to add date in the notary clause. BEING the same portion of property conveyed to JSW Holdings, LLC, a Virginia limited liability company, an undivided 1/2 interest by Deed of Gift from Joseph A. Walton, Jr., a/k/a Joseph Walton, Jr. a/k/a Joseph Walton, a widower, dated December 23, 2010 and recorded January 4, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20110104000011850. JSW Holdings, LLC, a Virginia limited liability company conveyed their interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905850. PARCEL D: GPIN Nos: 1494-47-5847-0000 and 1494-48-5388-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract G-2 1.3 Ac." and "Tract G-3 4.7 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE — PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to-wit: METES & BOUNDS description of Lot G2 with the Western half of the adjoining unnamed 20' R/W as follows, to-wit: 4 BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, N 06°41' 00" E, 48.45' to the true point of beginning said point also being located on the Northern R/W line of the 66' N & S R.R. R/W, thence proceeding along the Northern R/W line of the 66' N & S R/W, N 36° 15' 00" W, 14.68' to a point on the Western R/W line of said 20' R/W, said point also being at the Southeast corner of Lot G2, thence proceeding along the Southern property line of Lot G2, said property line also being the Northern R/W of the 66' N & S R.R. R/W, N 36° 15' 00" W, 260.48' to a point at the Southwest corner of Lot G2, thence turning and proceeding along the Western property line of Lot G2, N 21° 44' 00" E, 297.38' to a point at the Northwest corner of Lot G2, said point also being on the Southern R/W line of said 20' R/W, thence turning and proceeding along the Northern property line of Lot G2, said property line also being the Southern R/W line of said 20' R/W, S 69° 38' 00" E, 103.14' to a point at the Northeast corner of Lot G2, said point also being on the Western R/W line of said 20' R/W, thence continuing S 69° 38' 00" E, 10.29' to a point on the centerline of said 20' R/W, thence turning and proceeding along the centerline of said 20' R/W, S 06°41' 00" W, 461.81' to a point on the Northern R/W line of the 66' N & S R.R. R/W, said point being the true point of beginning. Area of Lot G2 and Western half of the adjoining unnamed 20' R/w herein described being 60,138.2 S.F./1.38 acres. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by Deed of Gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1331, at page 579. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. PARCEL E: GPIN NO: 1494-47-9615-0000 ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract D 2 7.5 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to-wit: 5 BEGINNING at the intersection of the centerline of an unnamed 20' R/W with the centerline of the 66' N & S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE - PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record inthat certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20' R/W, N 06°41' 00" E, 48.45' to the true point of beginning, thence proceeding along the centerline of said 20' R/W, N 06° 41' 00" E, 459.75' to a point, thence turning and proceeding, S 82° 05' 00" E, 13.45' to a point on the Eastern R/W line of said 20' R/W, said point also being the Northwest corner of Lot D2, thence continuing along the northern property line of Lot D2 the following courses and distances: S 82° 05' 00" E, 294.85' to a point, thence S 80° 54' 00" E, 130.70' to a point at the Northeast corner of Lot D2, thence turning and proceeding along the Eastern property line of Lot D2, S 03° 21' 00" W, 982.33' to a point at the Southeast corner of Lot D2, said point also being on the Northern R/W line of the 66' N & S R.R. R/W, thence turning and proceeding along the Southern property line of Lot D2, said Southern property line also being the Northern R/W line of the 66' N & S R.R. R/W, N 36° 15' 00" W, 713.40' to a point at the Southwest corner of Lot D2, said point also being located on the Eastern R/W line of said 20' R/W, thence proceeding N 36° 15' 00" W, 14.68' to a point on the centerline of said 20' R/W, said point being the true point of beginning. Area of Lot D2 and Eastern half of the adjoining unnamed 20' R/W herein described being 329,236.1 S.F./7.56 acres. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING a portion of the same property which was conveyed to Annie B. Setzer by Partition in Kind In Chancery Case 2046, File 1810, recorded October 26, 1950 in the Clerk's Office of the Circuit Court of Princess Anne County, now the City of Virginia Beach, Virginia in Deed Book 279, at page 86. The said Annie B. Setzer, also known as Annie Brown Setzer, having departed this life on June 14, 1980, testate, and by her Last Will and Testament probated and filed for record on January 25, 1982, subject property was devised unto her children, Robert Carlton Setzer, Ruth Setzer Bell and Brown Kenneth Setzer, and unto her grandchildren, Leshia Setzer and Paula Setzer. The said Ruth Setzer Bell departed this life on July 22, 1987, intestate; List of Heirs filed on July 27, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 72, at page 936 lists her husband, Russell Lee Bell, as her only heir at law. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. 6 EXHIBIT B (PARCEL I) (1,016,461 sq. ft. or 23.3347 Ac.) PARCEL A: GPIN Nos: 1494-47-1877-0000; 1494-46-1695-0000 and 1494-47-0310-0000 PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, lying on both sides of "The Five Mile Stretch" of Princess Anne Road between PRINCESS ANNE COURTHOUSE and North Land Town Road, and known, numbered and designated as "30 acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 acres of land near Land's Station, PRINCESS ANNE COUNTY, VA., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; save and except, however, the following portions thereof (a) that portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) all that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the South Side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 acres of land near Land's Station, PRINCESS ANNE COUNTY, VIRGINIA, for Michael G. Jordaneau, scale 1" = 100' - June 17, 1977, Surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia;" and (c) all that certain tract, piece and parcel of land as shown on the aforesaid physical Survey by Wilfred P. Large, also located on the South Side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "Now or Formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." said tract fronts 150 feet on the South Side of Princess Anne Road and runs back between parallel lines to unequal distances,but in excess of 300 feet. PARCEL 2: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly PRINCESS ANNE, VIRGINIA), and designated as 1.1563 AC on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduff," and being more particularly bounded and described as follows; to-wit: beginning at a pin in the Southwestern line of the Norfolk-Southern right of way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21° 44' 20" W 54.48 feet to a point; thence along a center line of a ditch N 57° 53' W 345.32 feet on a pin; thence along the centerline of a ditch N 7° 24' 30" E 251.33 feet to a pin in the Southwestern line of the Norfolk-Southern railroad right of way; thence along said right of way S 36° 15' E 473.95 feet to the point of beginning. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument 7 I I i Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road. (GPIN NOS. 1494-1695 AND 1494-47-0310) BEING the same property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, by Deed of correction from Donald P. Sullivan and Faith R. Sullivan, Husband and Wife, dated March 13, 2002 and recorded June 18, 2002 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Deed Book 4717, page 1860. PARCEL B: GPIN NO: 1494-46-4666-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F, 6.1 AC." On that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants. LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/12 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556640. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/4 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505670. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766100 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789360. BEING the same portion of property conveyed to June S. Walton and Joseph A. Walton, an undivided 1/2 interest, husband and wife, tenants by the entirety with the rights of survivorship as at common law by deed of gift from June S. Walton, married, dated September , 2005 and recorded October 3, 2005 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 200510030160027. The same June S. Walton having departed this life on September 19, 2010 and the property having vested in the name of her surviving spouse, Joseph A. Walton, by operation of law. 8 I li Joseph A. Walton conveyed his interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905860. PARCEL C: GPIN NO: 1494-47-5502-0000 ALL THAT certain tract, piece or parcel of land, situate, lying and being in the CITY OF Virginia Beach, Virginia, and being known and designated as Tract"G1, 2.0 AC." on that certain plat entitled, "PROPERTY OF J. T. BROWN ESTATE, LOCATED NEAR PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants. TOGETHER with all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the grantor for ingress and egress to a publicly dedicated street over property of the grantee. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/18 interest, by deed from Stephen O. Lassiter, dated April 28, 2008 and recorded May 13, 2008 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20080513000556620. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/3 interest, by deed from Herbert E. Jones, Jr. and Gretchen Simpson, dated April 12, 2007 and recorded April 16, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070416000505660. BEING the same portion of property conveyed to Five Mile Stretch Associates, L.L.C., a Virginia limited liability company, an undivided 1/9 interest, by deeds from (1) Kevin Lassiter, dated June 4, 2007 and recorded June 6, 2007 in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, in Instrument Number 20070606000766110 and (2) Traci Lassiter, dated June 7, 2007 and recorded June 12, 2007, in the aforesaid Clerk's Office in Instrument Number 20070612000789390. Deed of Correction from Traci Lassiter recorded in Instrument Number 20071113001521360, corrected to add date in the notary clause. BEING the same portion of property conveyed to JSW Holdings, LLC, a Virginia limited liability company, an undivided 1/2 interest by Deed of Gift from Joseph A. Walton, Jr., a/k/a Joseph Walton, Jr. a/k/a Joseph Walton, a widower, dated December 23, 2010 and recorded January 4, 2011 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20110104000011850. JSW Holdings, LLC, a Virginia limited liability company conveyed their interest in the property to Five Mile Stretch Associates, LLC, a Virginia limited liability company by deed dated July 29, 2013 and recorded August 1, 2013 as Instrument No. 20130801000905850. 9 I it METES & BOUNDS description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM Land Title Survey of property owned by Five Mile Stretch Associates, L.L.C. for Kotarides Developers, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a point being 0.67± miles Southeasterly from Winterberry Lane, being a pin found on the Northern right-of-way (R/W) of Princess Anne Road - State Route 165 and a 20' gravel lane as shown on plat entitled "SURVEY OF PROPERTY OF JESSE GOULD EST." recorded in M.B. 137, PG. 31 (VA. BEACH), also being the Southwest property corner of subject parcel and the Southeast property corner of the Commonwealth of Virginia; thence along the Eastern line of 20' Gravel Lane N 22°36'05" E, 815.63' to a pin found; thence S 66°08'45" E, 246.21' to a pin found; thence N 00°53'12" W, 235.55' to a point on the Southern property line of Virginia Electric & Power Company (formerly Norfolk & Southern Railroad); thence along the southern property line of Virginia Electric & Power Company S 44°33'41" E, 788.24' to a point; thence S 00°20'34" W, 216.88' to a pin found; thence S 01°51'56" E, 407.01' to a pin found; thence S 14°51'21" W, 467.38' to a pin found along a curve on the northern R/W of Princess Anne Road - State Route 165; thence along the aforementioned R/W the following five (5) courses and distances: along a curve to the left with a radius of 6225.00', an arc length of 270.72', a delta angle of 02°29'30", a chord bearing of N 51°21'57" W and a chord distance of 270.70' to a point; thence N 11°34'51" E, 190.87' to a pin found; thence N 78°21'33" W, 43.98' to a pin found; thence S 53°56'54"W, 160.51' to a pin found; thence N 53°01'07" W, 794.00' to a pin found,being the point of beginning, containing 1,016,461 square feet or 23.3347 acres. Parcel II (392,734 sq. ft. or 9.0159 ac.) Parcel D: GPIN No: 1494-47-5847-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT G-2, 1.3 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, county surveyor, and which plat is duly of record in that certain ended chancery file number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by deed of gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1331, at page 579. 10 The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. PARCEL E: GPIN No: 1494-47-9615-0000 ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT D 2, 7.5 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING a portion of the same property which was conveyed to Annie B. Setzer by partition in kind in Chancery Case 2046, File 1810, recorded October 26, 1950 in the Clerk's Office of the Circuit Court of Princess Anne County, now the City of Virginia Beach, Virginia in Deed Book 279, at page 86. The said Annie B. Setzer, also known as Annie Brown Setzer, having departed this life on June 14, 1980, testate, and by her Last Will and Testament probated and filed for record on January 25, 1982, subject property was devised unto her children, Robert Carlton Setzer, Ruth Setzer Bell and Brown Kenneth Setzer, and unto her grandchildren, Leshia Setzer and Paula Setzer. The said Ruth Setzer Bell departed this life on July 22, 1987, intestate; List of Heirs filed on July 27, 1987 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 72, at page 936 lists her husband, Russell Lee Bell, as her only heir at law. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. Metes & Bounds description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM LAND TITLE SURVEY OF PROPERTY OWNED BY FIVE MILE STRETCH ASSOCIATES, L.L.C. FOR KOTARIDES DEVELOPERS, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a pin found on the Northern property line of Virginia Electric & Power Company (formerly Norfolk & Southern Railroad) and the angle point of Lot 66, as shown on plat entitled "SUBDIVISION OF CHRISTOPHER FARMS, PHASE 3, SECTION 2", recorded in M.B. 249, PG. 60-62 (VA. BEACH); thence along the Northern property line of Virginia Electric & Power Company N 44°33'41" W, 1002.80' to a point; thence N 13°31'45" E, 299.50' to a pin found; thence N 22°41'40" W, 12.20' to a point; thence S 77°42'46" E, 128.11' to a 11 point; thence S 25°33'10" E, 8.97' to a pin found; thence N 89°41'34" E, 295.09' to a pin found; thence S 89°06'53" E, 130.74' to a pin found; thence S 04°51'37" E, 984.69' to a pin found, being the point of beginning, containing 392,734 square feet or 9.0159 acres. PARCEL III (206,312 sq. ft. or 4.7363 ac.): GPIN No: 1494-48-5388-0000 ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the the City of Virginia Beach, Virginia, and being more particularly designated and described as "TRACT G-3, 4.7 AC.", as shown on that certain plat entitled, "PROPERTY OF J.T. BROWN ESTATE, LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were plaintiffs, and Benjamin Russell, et als, were defendants. Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. IT BEING the same property which was conveyed to Robert C. Setzer and Brown K. Setzer, brothers, as tenants in common, by deed of gift from Annie M. Setzer, widow, dated February 20, 1973 and recorded March 1, 1973 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1331, at page 579. The said Brown K. Setzer having departed this life on April 28, 1990, intestate; List of Heirs filed on May 1, 1990 In The Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Will Book 77, at page 1368 lists his wife, Martha L. Setzer as his only heir at law. METES & BOUNDS description of the above referenced property is based on an unrecorded survey entitled "ALTA/ACSM LAND TITLE SURVEY OF PROPERTY OWNED BY FIVE MILE STRETCH ASSOCIATES, L.L.C. FOR KOTARIDES DEVELOPERS, LLC," dated June 6, 2013, last revised date May 5, 2014, prepared by Horton & Dodd, P.C., which is more particularly described as follows: BEGINNING at a pin found at the Northeast property corner of"TRACT G-3, 4.7 AC." and the Western line of the 20' right-of-way (R/W) as shown on the aforementioned J.T. Brown Estate plat recorded in Chancerly File No. 1810; thence along the Western R/W line of the 20' R/W as shown on the aforementioned plat the following three (3) courses and distances: S 22°22'53" W, 94.04' to a pin found at the point of curvature of a non-tangent curve; thence along the curve to the right with a radius of 701.29', an arc length of 237.68', a delta angle of 19°25'08", a chord bearing of S 31°53'19" W and a chord distance of 236.55' to a pin found; thence S 41°37'56" W, 187.98' to a pin found; thence S 25°33'10" E, 12.66' to a point; thence N 77°42'46" W, 128.11' to a point; thence N 22°41'40" W, 10.13' to a pin found; thence N 22°56'34" W, 462.10' to a point; thence N 02°21'57" E, 141.00' to a point; thence S 74°22'03" E, 20.80' to a pin found on line; thence S 74°22'03" E, 585.20' to a pin found, being the point of beginning, containing 206,312 square feet or 4.7363 acres. 12 PARCEL F BEGINNING at the intersection of the prolongation of the Southern R/W line of Pleasant Acres Drive with the prolongation of the Western R/W line of Pleasant Lake Drive as shown on plat entitled SUBDIVISION OF CHRISTOPHER FARMS, PHASE 3, SECTION 2, dated June 30, 1995, prepared by The TAF Group, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach in Map Book 249 page 60; thence proceeding along the Western R/W line of Pleasant Lake Drive, S 45° 26' 13" W, 125.00' to a point at the intersection of the Western R/W line of Pleasant Lake Drive and the Northern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Northern property line, N 44° 33' 47" W, 1328.73' to the true point of beginning; thence leaving the Northern property line of property of Virginia Electric & Power Company and proceeding, S 45° 26' 13" W, 66.00' to a point on the Southern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Southern property line, N 44° 33' 47" W, 55.00' to a point; thence turning and proceeding, N 45°.26' 13" E, 66.00' to a point on the Northern property line of property of Virginia Electric & Power Company; thence turning and proceeding along said Northern property line, S 44° 33' 47" E, 55.00' to the true point of beginning. parcel herein described being 3,630.00 square feet/0.0833 acres in size, more or less, and being more particularly shown on a plat prepared for Virginia Electric & Power Company by Gallup Surveyors & Engineers, Ltd., dated June 4, 2014 attached to deed recorded as Instrument No. 20141112001073230. [E.S.G.] GPIN No. 1494-48-1279-0000 ALL THAT certain tract, place or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and containing 2.6 acres and being more particularly bounded and described as follows, to-wit: BEGINNING at a pin in the Eastern side of the Right of Way of the Virginia Electric and Power Company Right of Way where that same intersects the Northern side of a 10-foot Right of Way leading from Holland Swamp Road, and from said pin running thence along the Eastern side of the said Virginia Electric and Power Company Right of Way North 36 degrees 08 minutes West 78.93 feet to a pin in the dividing line between this property and the property of Riddick; thence turning and running along the dividing line between this property and the property of Riddick North 17 degrees 29 minutes East 850.5 feet to a pin in the dividing line between this property and the property of Isaac Gould, the same being in the centerline of a ditch; thence turning and running along the centerline of the said ditch South 75 degrees 11 minutes East 80 feet to a pin; thence turning and running South 11 degrees 29 minutes West 535.0 feet to a pin; thence turning and running South 32 degrees 45 minutes 30 seconds East 210.76 feet to a pin; thence South 12 degrees 67 minutes West 190 feet to a pin in the Northern side of a 20-foot Right of Way; thence turning and running along the Northern side of the said 20-foot Right of Way North 77 degrees 53 minutes West 171.12 feet to a pin, the point of BEGINNING. IT BEING the same property conveyed to E.S.G. Enterprises, Inc., a Virginia corporation by deed from Benjamin Russell and Lillian Russell, husband and wife, dated August 2, 1985 and 13 I I recorded September 9, 1985 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2441 at page 211. [Aralar] GPIN No. 1494-48-2492-0000 ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, Virginia Beach, Virginia, and more particularly described as follows: BEGINNING at a pin in the southeastern comer of the lot herein to be described, which pin is on the northern side of the 20-foot right of way leading from Holland Swamp Road, and from said pin running thence north 77 degrees, 53 minutes west 219.97 feet to a pin (which pin is 171.12 feet as measured along the northern side of the said 20-foot right of way from a pin to the eastern edge of the V.E.P.C.O. R/W); thence turning and running North 12 degrees, 07 minutes East 190 feet to a pin; thence North 22 degrees 45 minutes 30 seconds West 210.76 feet to a pin; thence North 17 degrees 29 minutes East 535 feet to a pin in a ditch between this property and the property of Sam Wilson; thence turning and running along the said Ditch South 15 degrees 11 minutes East 123.1 feet to a pin; thence turning and running South 24 degrees 18 minutes West along the centerline of a ditch 139.9 feet to a point; thence continuing along the said centerline of the ditch South 15 degrees 58 minutes West 200.3 feet to a point; thence continuing South 10 degrees 36 minutes West 141.0 feet to a point; thence South 14 degrees 31 minutes East 461.7 feet to a pin in the Northern side of the said 20-foot right of way, the point of beginning. IT BEING the same property conveyed to Lolita C. Aralar by deed from Jeffery S. Pyatt and Jeffrey C. Leavitt, dated December 14, 2001 and recorded December 26, 2001 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4585 at page 444. 14247456v2 14 74 Item—VI-J.7 PLANNING ITEM#65575 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance to AMEND Section 242.1 of the City Zoning Ordinance (CZO) re Tattoo Parlors and Body Piercing establishments 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 January 5, 2016 1 REQUESTED BY COUNCILMEMBER BARBARA M. HENLEY 2 3 4 ALTERNATE VERSION 5 6 7 AN ORDINANCE TO AMEND SECTION 242.1 OF THE 8 CITY ZONING ORDINANCE PERTAINING TO TATTOO 9 PARLORS AND BODY PIERCING ESTABLISHMENTS 10 11 Section Amended: § 242.1 of City Zoning Ordinance 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Section 242.1 of the City Zoning Ordinance is hereby amended and 20 reordained to read as follows: 21 22 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 23 ALL DISTRICTS 24 25 . . . . 26 27 C. - CONDITIONAL USES AND STRUCTURES 28 29 . . . . 30 31 Sec. 242.1. Tattoo parlors and body piercing establishments. 32 33 Tattoo parlors and body piercing establishments shall be permitted only as 34 conditional uses in the B-2 Community Business District, and, in addition thereto: 35 36 (a) Tattoo parlors and body piercing establishments shall be subject to the 37 requirements pertaining to tattoo parlors and body piercing establishments set forth in 38 Chapter 23 of the City Code, which requirements shall be deemed to be conditions of 39 the conditional use permit; and. 40 41 (b) No tattoo parlor or body piercing establishment shall be located within six 42 hundred (600) feet of another tattoo parlor or body piercing establishment, Residential 43 _ A e- • ••-• e _.I. 44 45 46 COMMENT 47 48 The amendment deletes the 600-foot separation requirement between tattoo parlors/body 49 piercing establishments and Residential or Apartment Districts and schools. 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th day of January , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE CY: • • I . . L r r (1 '4 Plan ling Department City Attorney's Office CA 13424 R-1 ALTERNATE December 8, 2015 2 75 ITEM VI-K APPOINTMENTS ITEM#65576 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 COMMUNITY SERVICES BOARD-CSB HAMPTON ROAD ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None January 5, 2016 i I it 76 Item -VI-N ADJOURNMENT ITEM#65577 Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 8:47P.M. 6/04exdp Amanda Finley-Barnes,MMC Chief Deputy City Clerk ' th Hodges Fraser,MMC William D. Sessoms,Jr. City Clerk Mayor City of Virginia Beach Virginia January 5, 2016 77 PUBLIC DIALOGUE John Ludford advised he was a member of the Green Ribbon Committee and just wanted to express his appreciation to City Council for the opportunity to serve the City. The Public Dialogue re Non Agenda Items concluded at 8:49 P.M. January 5, 2016