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MARCH 1, 2016 MINUTES 1 II "'u*BE.4C N4411\44:ileTivele VP, % Vh s41 a �o s OF OUR RU VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 1, 2016 Acting Mayor Louis R. Jones called to order the City Council's Briefings in the City Council Conference Room, Tuesday,March 1, 2016, at 4:00 P.M Council Members Present: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. Family Vacation 2 CITY MANAGER'S BRIEFINGS 2016 COMPREHENSIVE PLAN ITEM#65697 4:00 P.M. Acting Mayor Jones welcomed Barry Frankenfield, Director—Planning. Mr. Frankenfield expressed his appreciation to City Council for their continued support and advised today's Presentation is an Update to the Comprehensive Plan: It's Our Future: A Choice City Comprehensive Plan- Public Involvement Update 1 _ - 111111. 91i,%141: - CITY COUNCII Ilk!I,]'INC March 1,2016 Below is an overview of the purpose of this presentation. The goal is to complete the State-mandated five (5)year Review of the Comprehensive Plan: Project Purpose • State-mandated 5 Year Review of Comprehensive Plan (adopted Dec.2009) • 3 elements: • Policy Document-policy statements guiding City's long-range physical growth and development,agenda for future action • Technical Report-existing conditions,supporting data and maps • Reference Handbook-reference material(guidelines,plans adopted by reference) • Planning Commission prepares update with public input and recommends to City Council ORIIIIAiIih c c)AIPRI 116,N11A I SI IN I YD-CI F c I I1(UI NI❑.ISRII I IN, _ March 1, 2016 3 CITY MANAGER'S BRIEFINGS 2016 COMPREHENSIVE PLAN ITEM#65697 (Continued) Below is the History and Next Steps for finalizing the Comprehensive Plan: History & Next Steps • December 8,2015-Council Briefing • Overview of Comprehensive Plan • Concept for Public Involvement • January 2016: Public Involvement • February 2016: • Incorporate public comments into final public hearing draft • Legal Advertisement: Descriptive Summary of Draft Plan • March 2016: • March 1: City Council Brief on Public Involvement • March q:Planning Commission public hearing and approval • March 15:City Council public hearing • April 19,2016: City Council adoption NEPlannlnpp,,R ComltlIg!' (ORMPRtHFNSI\I PI IN UPD411 t O(O113 II_BRIFFIN(, 3 Today, the focus is on the Community Outreach Strategy in preparing this Update to the Comprehensive Plan: Community Outreach Strategy 200 people for 2 hours 5,000 people for 5 minutes a _ .,._ ;t!, a a NE Nmmanning& EM11'44.3. (MIPRI.II1\SI\'F 3I111 31,11F M1,011311 IIRIFFI,. 4 CITY MANAGER'S BRIEFINGS March 1, 2016 11 4 2016 COMPREHENSIVE PLAN ITEM#65697 (Continued) The Community Outreach Strategy was used in preparing this Update: Community Outreach Strategy • Draft Public Review Period: January 2016 • All public library locations • Pop Up Displays: • January 10:Recreation Centers • January 13&zo:Tidewater Community College • Public meetings/open houses • Jan zo: Tallwood H.S.@ 6:3o p.m. • Jan.25: Creeds Ruritan Club @ 6:3o p.m. • Jan.28: VB Convention Center @ 6:3o p.m. • Seatack Historic Community Town Hall Meeting (February 12,2016) • Webpage: wwV446 com[2016(onpl'lan • Email comments to: compplan@,Nbgov corn • Mobile app: SpeakUp!VB • Join the conversation on Facebook and Twitter • #VBLOCALS4LIFE 1‘131:474;3. lannii iit mu its conlveencNsicL PI_1N nlH (III(OF NCH HRltrmc, 162 comments were received from the Mobile Application Speak Up!VB: Speak Up!VB AIM Review all policy statements and Agenda for Future Action YOU,VIRGINIA BEACH AND recommendations URBAN AREAS WBLO(AISalIIE ortlmanninnyp to tk ! Iw)111'111IIF\SI\I PI CA PDA I I Cl ICC of\C II.HRILI INC. CITY MANAGER'S BRIEFINGS 2016 COMPREHENSIVE PLAN ITEM#65697 March 1, 2016 I 5 (Continued) foil « t I ****, • UNI,NFsanest ...... ***** W Il FOUIS BO-Alp MANYDOFYF ��....,..y...r,..Ys..�.,:, ***** LEAVE YOUR MARK. Leave your comments-LEAVE YOUR MARK liBPanning 8 UnAy ((JMPRLH Eti SI\k.VL1,1'VD\lE 1111'((lli\'CII_RNIFiI'v(. Below is an overview of the attendance at each of the Community Outreach events: °'Community Outreach Attendance • Pop Up Displays: • January 10:Recreation Centers(107+attendees) • January 12&21: Tidewater Community College(20+) • Public meetings/open houses • Tallwood H.S.: (14) • Creeds Ruritan Club: (35+) • VB Convention Center:(4o+) • Seatack Historic Community Town Hall Meeting: (75+) • Webpage: ww.vbgov.corn/2016(ompl'lan • Email comments to: conrppla11(.(21, gov.com • Mobile app: SpeakUp!VB(162 comments) • Join the conversation on Facebook and Twitter • #VBLOCALS4LIFE .yPlanning& (Hnmumtp P1(N I P1(I I (111(l)1 NI 1E1111, H March 1, 2016 6 CITY MANAGER'S BRIEFINGS 2016 COMPREHENSIVE PLAN ITEM#65697 (Continued) The comments have been compiled and attached to this document: Community Outreach Responses • Staff has collated all comments for review(attached) • Tallwood H.S.: Concerns focused on Centerville issues and SGA Plan • Creeds Ruritan Club: • Opposed West Neck Parkway extension to Indian River Road • Supported additional requirements for development approval Maintaining Rural Area development density calculations • Discussion:Pungo Rural Village recommendations streamlined to remove all references to ULI Pungo Crossing Study recommendations(never adopted by City Council) • Support: No alternative centralized sewer system recommended for Pungo Rural Village area south of Indian River Road • Support:Increased review of storm water for rezoning NOanning& tW.-9 lt( (ONIPRl:llf\SI\'[:PI AN I lDATE C 171 COI NC II.RIM FIN(, Planning Staff Responses to Community Outreach • Staff responded to comments regarding Centerville Turnpike; and the inclusion of West Neck Creek Parkway on the Primary Roadway Network Map. 41111116, Proposed West Neck •`. , a} Creek ° Parkway �` a '9 \;' i \j.']{(panning¢ Wo"'Tnt} t(,IPRI.III.\SI\P11A\I'I'I).\II <1I1(01 NC II.101111IN, March 1, 2016 7 CITY MANAGER'S BRIEFINGS 2016 COMPREHENSIVE PLAN ITEM#65697 (Continued) There are eight(8)Suburban Focus Areas included in the current Comprehensive Plan. Staff was asked to consider including the Seatack Community as a Suburban Focus Area: m,< . `Community Outreach Responses • VB Convention Center: Suburban focus areas discussion,references to Seatack Community • Seatack Historic Town Hall Meeting: • Request for including Seatack Historic Community in the Comprehensive Plan • Request for gateway signs • Request for appointment of Seatack Historic& Preservation Commission • Historic Designation of specific buildings • Request for Seatack Historic and Cultural Overlay District �V:A e oORlllIllly (()\IPkI:III \I.PL.NN t'VU,\IECIII COI tiCII.BRUIN( At the Seatack Community Civic League February 12`h Meeting, the Civic League "self-appointed"their own Seatack Historic Preservation Commission: Staff Response to Historic Seatack Community Requests • Forwarding the request to Council for a Seatack Historic Preservation Commission,Seatack Community Civic League self appointed a Historic Preservation Commission,staff assigned to support • Agreed to develop gateway signs • Adjusted boundaries of Virginia Aquarium and Owl's Creek Suburban Focus Area(SFA) • Added new SFA-9 Historic Seatack Community in the Suburban Chapter • Added reference to Seatack Community and Historic African American Communities in the Neighborhood Chapter • Added the request for including Seatack Historic Community references and consideration of a Historic Seatack Community Historic and Cultural District Planning& p ouunamty crnirei111,1\I Ni>Ni Ni,:\n un unsui.itxurinc March 1, 2016 8 CITY MANAGER'S BRIEFINGS 2016 COMPREHENSIVE PLAN ITEM#65697 (Continued) Seatack has requested neighborhood identification signs similar to the signs for Old Beach be installed: Historic Seatack SFA Proposed in the Final Draft Historic Seatack Located in the City's Oceanfront Resort Area, is thought to be the oldest African-American Community in Virginia,with original 4 +r '', �' Settlement by free men dating back to the late 17oo's and early'boo's. Recommendations: • Install neighborhood identification signs • Recognize local historic and cultural landmarks within the community • Pursue the delineation and adoption of a y • �; local Historic and Cultural Overlay District • Prepare a Preliminary Information Form for "Seatack Historic District"to determine eligibility for listing on the Virginia Landmarks and the National Register of Historic Places Nup_ n� �7,;,,,,nlll y CO\IPRkHFN1l\I PI_'0.1.MAIL CII1(M.NC II.BRIEFING n"7:';i.o.... The Historic African American Communities are included in the Final Draft—Neighborhood Chapter- for consideration: ----Historic African American Communities Proposed in Final Draft- Neighborhood Chapter Fostering civic pride,for example through establishing civic leagues,is a vital tool for ' Encouraging residents to be involved with this i cohesive arrangement.A case in point is the ' $ Seatack Community Civic League that has represented the Seatack community for over too years.Seatack is one of the City's twelve ' historically African-American neighborhoods. s Historically African-American Neighborhoods i yw "R Queen City Newlight Burton Station Lake Smith Beechwood Gracetown Newsome Farm Reedtown Doyletown Mill Dam Atlantic Park Seatack 9 munLLy I OMPRI'.III.NS!\ PI V,I IF (111 l01 1(Il 1.1211111V, y March 1, 2016 9 CITY MANAGER'S BRIEFINGS 2016 COMPREHENSIVE PLAN ITEM#65697 (Continued) Below are the Next Steps: Next Steps • February 2016: • Incorporate public comments into final public hearing draft • Legal Advertisement: Descriptive Summary of Draft Plan • Final Draft of Policy document,Technical Document and Reference Document distributed to Council and Planning Commission for review • March 2016: • March 1: City Council Brief on Public Involvement • March 9:Planning Commission public hearing and approval • March 15:City Council public hearing • April 19,2016: City Council adoption* *Tentative dates Planning R IDlllnnit CO1IP,1E11 S1A'r PI ANI PDArt (111MI NUI.BRIT I IN,, The attachments below are hereto made a part of this record: Attachments • Public Comments Received • Proposed SFA 9- Seatack • Proposed Adjustments to SFA 4 Virginia Aquarium and Owls Creek • Proposed additions to Housing and Neighborhood Chapter introduction referencing Seatack Civic League and 12 Historic African American Neighborhoods BMAO rt113h1tV (()%1PRI1111,1\I PI.a1 I PD\II 111/11/1 N(II BRIM', ire After discussion, City Council requested the Comprehensive Plan not be presented to City Council for consideration until after the adoption of the FY 2016-2017 Budget. Mr. Frankenfield. Acting Mayor Jones expressed his appreciation to Mr. Frankenfield and the entire Team working on this Update. March 1, 2016 • City ofyirpinio Beach lipltP Planning & Community Development January 2016 Public Review Draft Comprehensive Plan Policy Document It's Our Future: A Choice City Public Comment Record The following written responses were received during public meetings and at public displays: • Suburban Focus Area 4 does not address Historic Seatack. a. Give Seatack a Historical Cultural (designation?) b. Put historical community sign at all entrances to Seatack (on Virginia Beach Boulevard and Birdneck Road) c. Put the name Seatack back in the land use plan. • Let's start with the implementation by City Council to remove employee parking in the Resort Neighborhoods. It's past time for this to happen. • Agenda for Future Action Recommendation 7.3 re: light rail transit planning: No light rail. Billions in wasted tax revenue. • Protect Resort residential neighborhoods from being sandwiched between huge projects. • Transit system: a. Watch out for hurricanes and water rising. b. All the "Union Station"-to-Beach money will be (better be) recovery money. ➢ Younger people income is one-half what it was when I was young. They don't have a car because they can't afford a car. They have their parents' cars. A small amount of young have bikes and with Virginia Beach spread out, no one bikes miles. But, the small amount make the noise. Younger people want a place to shop, not love and support a tax base. Younger people party, not pay house tax. Sure hope you have the developers on board and who has the authority to enforce the Comprehensive Plan and if they will fairly enforce. Yes, I have read all of your websites. Still future City Council and even now. Plan overall is questionable. Limited land means more town houses, high rises or to create more dense living to give development more bucks instead of building sign homes/housing. Seatack big mouth-- how tax input? Old houses tear all down. Low up keep on houses. Why does Seatack get so much consideration? Bike paths are BS, only used 5 months a year maybe. Written Responses Page 113 atyajt iryinia lieac 133Planning & Community Development The cost does not outweigh the use. Bike pathway = moving targets. Oh yes, I road bike in Europe for 5 years and here for 20 years. Target I am. You know the old guys pay taxes and invest. The new lower income, less taxes, increase crime, less care in city. Good luck with your plans. • I think the rail line should be paved for buses with pull off for passing. It would be much cheaper, you could add buses as needed. • Although the Transition Area must have a defining line, don't view it as a total demarcation in all instances. There are areas where it may be 3:1 on one side of the street, but the other side would be recommended at 1:1., which does not make overall sense. • Make Elbow Road improvements! • Transportation — Needed busses and shelters to reach all who need it. Pave the ROW for BRT (bus rapid transit) or bike path. It would get more use than light rail. Sea Level Rise—Stormwater management drainage is a problem in some areas, not sea level rise. Need to stop building at Oceanfront if this is a concern. Affordable Housing — High density transit-oriented development is not affordable. People who actually need public transportation cannot afford to live in Town Center. Rural Areas— Green Line if it's zoned for agriculture, why do we transfer money from other part of the city to pay for ARP? Arena—Will destroy Seatack and surrounding neighborhoods. The mass of it is removing parking. The weight adds to sinking land and events will add to traffic problems. • Hate light rail. Virginia Beach is for cars and will always be. • There is such a thing as saturation. Unlimited density will crowd everyone. • No transit-oriented development. • Put money toward Southewastem Parkway vs. rail system. It will be used by more people. Written Responses Page 213 CUyaf W.pinia 6mrh Mi3Planning & Community Development Please build the Southeastern Expressway. This would help with traffic pressure in the Southern End. ➢ We need a Southeast Expressway. ➢ ITA & Vicinity Master Plan: Relocating the transfer station from Princess Anne Commons removes it from the area where people need it. Moving it down off of Landstown Road would produce a lot of truck traffic and potential pollution from flying trash/debris out of trucks. ➢ I am concerned about light rail raising taxes. I don't it to turn into what happened in Norfolk. ➢ Need a unified system online to find public parks, green space and public transportation services in a concise format to be able to pull up online. ➢ We need to extend Nimmo Parkway. Control cost on Witchduck Road expansion. Refuse light rail until it makes better sense. ➢ Ridiculous how long and drawn out the approval process for simply building a house in Virginia Beach is. Red tape hell! ➢ The citizens speak...the Council does whatever the builders/$$ want to do. ➢ Don't make the new pier at the Oceanfront a double-decker. Allow fishing off the pier for all and keep the price reasonable. Keep public access at the Oceanfront pier for use by locals who like to fish for recreation. Written Responses Page 313 (]lit M Virpimu Ho MBPlanning & Community Development January 2016 Public Review Draft Comprehensive Plan Policy Document It's Our Future: A Choice City Public Comment Record The following brochure responses were received during public meetings and at public displays: Rated 1-5 with 5 being most supportive of the recommendation. Urban Areas ➢ Concentrate half of the city's new growth on 2% of its land in 8 areas: Burton Station, Centerville, Newtown, Pembroke, Rosemont, Lynnhaven, Hilltop, Oceanfront. Rated 4, 4, 2, 1, 3 Average is 2.8 ➢ Encourage mixed-use, transit-oriented developments around planned transit stations. Rated 5, 3, 2, 4, 4 Average is 3.6 ➢ In Burton Station, respect and retain the existing historic neighborhood and repurpose Northampton Boulevard into a more attractive blend of offices, apartments, condos and stores. Rated 4, 5, 5, 5, 3 Average is 4.4 ➢ In Newtown, create an echo of Town Center, emphasizing offices to the north while respecting the existing homes to the south. Rated 4, 4, 5, 1, 3 Average is 3.4 ➢ In Pembroke, continue to build out Town Center, with a mix of higher- density apartments, condos and public spaces. Build a transit station and a trail for bicycles and pedestrians. Rated 5, 5, 3, 3, 5 Average is 4.2 ➢ In the Resort Area, create a pedestrian-scale, mixed-use entertainment district that connects the Convention Center with the heart of the beach. In the Marina District, create a promenade that connects to Rudee Loop, with continuous public waterfront access. Rated 4, 5, 5, 4, 3 Average is 4.2 Brochure Responses Page 119 niy of Pirpiaia Balch \E Planning & Community Development Suburban ➢ Keep most of Shore Drive as a four-lane road, especially east of the Lesner Bridge, but protect the right-of-way for an expansion to six lanes in the future. Rated 5, 3, 4 Average is 4 ➢ Coordinate with property owners by establishing a public-private partnership along Shore Drive to create a multi-purpose (live, work and shop)waterfront concourse, or Waterman's Walk, overlooking Lynnhaven Inlet. Rated 3, 4, 4 Average is 3.66 ➢ Continue to build out the Virginia Aquarium, with educational and recreational pavilions and additional waterway access and water taxis from Owls Creek to Rudee Inlet. Rated 5, 5, 5 Average is 5 ➢ At Sandbridge, maintain the low-density neighborhood character. Additional public parking and day-use facilities should be provided for day visitors. Rated 5, 5, 5 Average is 5 ➢ On Military Highway, encourage new construction and redevelopment to improve the corridor's appearance. Rated 5, 5, 4 Average is 4.66 ➢ Encourage landscape buffers between existing homes and new developments and roads to maintain attractive neighborhoods and reduce noise. Rated 4, 5, 5 Average is 4.66 Princess Anne Commons and Transition Area ➢ Inventory the natural areas within Princess Anne Commons for preservation and future economic development opportunities with the green infrastructure. Rated 5, 5, 1, 4 Average is 3.75 Brochure Responses Page 219 Cry of hirvinlaAB dmrh Planning Community Development ➢ At Princess Anne Commons, encourage campus-style development for work, education, research, recreation and worship. Encourage incubator space for biotechnical, biomedical and research companies. Rated 5, 4, 1, 3 Average is 3.25 ➢ In Central Princess Anne Commons, encourage the consolidation of properties (15 acres or larger) to create significant development sites. Light industrial uses, including business incubator and flex office/warehouse spaces, are appropriate, as are agricultural and equestrian uses and rural homes. Rated 3, 4, 3, 1 Average is 2.75 ➢ Study the potential use of South Princess Anne Commons as a major park or preserve. Rated 5, 5, 3, 5 Average is 4.5 ➢ Expand the Agricultural Reserve Program into the Transition Area to preserve farms and protect the environment. Rated 4, 5, 1, 5 Average is 3.75 ➢ In the Transition Area, all new development should be planned in accordance with the Transition Area Design Guidelines. Rated 5, 5, 3, 1 Average is 3.5 Comment: Would like to preserve as much green space as possible. Rural Area ➢ Do not extend urban infrastructure— i.e., water and sewer lines—south of Indian River Road. Rated 5, 5, 5, 5 Average is 5 ➢ Consider participation in the Agricultural Reserve Program. Rated 4, 5, 5, 5 Average is 4.75 ➢ New residential development is limited to one home per 15 acres. Rated 3, 1, 5, 5 Average is 3.5 Brochure Responses Page 319 My ofOroinio Beat* ABPlanning & Community Development ➢ In the Pungo Rural Village, older buildings should be considered for adaptive reuse. Demolition should be a last resort. Rated 3, 5, 5, 5 Average is 4.5 ➢ Owners of historic properties (50 years old or more) should consider nomination for local, state and national historic registers to qualify for preservation tax incentives. Rated 5, 5, 3, 5 Average is 4.5 ➢ All new development proposals must include a preliminary drainage study that takes into consideration the effect on upstream and downstream areas. Rated 3, 5, 5, 5 Average is 4.5 Comment: This is not true you keep building more and more developments towards Pungo. It's become overcrowded and the roads are having a hard time handling the traffic. The City of Virginia Beach can and should control the Green Line. But you will not once you look at what kind of dollar you can make on another shopping center or development. Once the farms are gone there's no more going back. —CpL Stewart Owen/Pungo. Military ➢ Protect the city's military bases by avoiding incompatible development around them. Rated 5, 5, 5 Average is 5 ➢ Offer financial incentives to relocate incompatible businesses away from military aircraft accident potential zones and encourage relocation of compatible uses into these areas. Rated 4, 5, 2 Average is 3.66 ➢ Continue to partner with the military to prevent incompatible land use encroachment around military bases. Rated 5, 5, 5 Average is 5 ➢ Continue to buy land from willing sellers to protect NAS Oceana and NALF Fentress from future development. Rated 5, 5, 5 Average is 5 Brochure Responses Page 419 li (3fy nj't rryinw Bench 153Planning & Community Development Transportation ➢ Promote mixed-use, higher-density development in designated areas to reduce one-person vehicle trips and encourage transit-oriented development. Rated 1, 5, 1, 5, 3, 4, 1 Average is 2.86 ➢ Provide public transit to as many transit-dependent users as possible, including expanded bus service and light rail. Rated 1, 4, 1, 5, 1, 3, 1 Average is 2.29 ➢ Focus on connecting bicycle and pedestrian trails citywide. Rated 5, 5, 1, 5, 1, 4, 2 Average is 3.29 ➢ Emphasize alternatives to road widening and new construction to relieve congestion. Rated 3, 4, 1, 5, 2, 4, 3 Average is 3.14 ➢ With VDOT, expand the use of variable message signs, traffic cameras, electronic toll collection and traffic signal systems to optimize road capacity. Rated 5, 4, 1, 5, 1, 5, 3 Average is 3.43 Comments: Increase and expand current mass transit systems. More routes, more times. He claimed budget problems, but the city wants to build a light rail? Norfolk has not proven success in Light Rail. Why would ours be any different? Bring GB intemet into the city both for industry and residential to encourage telecommuting and bring in millennials. Use MAX busses to test and collect data on fixed rail transit. No Light Rail... Yet. If we already own the land from Newtown to the oceanfront, then hold off on building until the overwhelming majority wants it or admits they will use it. The proposal to run north and south is GREAT but I still need a car to get to my destination after my train stop, which defeats the purpose to use it. And that would take more time. The majority of oceanfront civic leagues and members do not want it at this time. Thank you. Instead of tolls, we need reliable public transportation. Busses to run more along with better hours to Norfolk Naval Base. More Bus Services. Please bring the light rail to town center, recreation centers, parks, and oceanfront. More walking paths lit around the city. Brochure Responses Page 519 C ty rf Virginia Beach Planning & Community Development Environment ➢ Develop strategies to address sea level rise and recurring flooding. Plan for a 1.5 foot rise in water level over the next 30 years, and 3 feet over the next 50 years. Rated 5, 3, 5, 5, 4, 5, 4 Average is 4.43 ➢ Concentrate new development at higher elevations outside flood zones. Rated 1, 4, 5, 5, 3, 5, 5 Average is 4 ➢ Maintain and create additional open space. Rated 1, 5, 4, 5, 5, 5, 5 Average is 4.29 ➢ Include green infrastructure in new developments or redevelopment to address storm water management and open space needs. Rated 3, 5, 5, 5, 5, 5, 5 Average is 4.71 ➢ Plant more trees and preserve the ones we have to absorb more carbon dioxide. Rated 1, 5, 5, 5, 5, 5, 5 Average is 4.43 ➢ Support research and development of alternative energy sources and encourage their use. Rated 5, 4, 5, 3, 5, 5, 5 Average is 4.71 Comment: Invent Program to preserve neighborhood trees. Incentivize home owners to plant more. Parks ➢ Create opportunities for regional and national sports tournaments. Rated 3, 1, 3, 3, 5, 1 Average is 2.66 ➢ Encourage low-impact recreational activities in conservation lands. Rated 5, 3, 5, 5, 4, 4 Average is 4.33 Brochure Responses Page 619 CSipuf Virginia Bench V . Planning & Community Development ➢ Develop new open spaces in the eight Strategic Growth Areas. Rated 3, 4, 5, 2, 5, 5 Average is 4 ➢ Develop parks that can include stormwater management systems, to alleviate flooding. Rated 5, 4, 5, 5, 5, 3 Average is 4.5 Comments: Parks that stay open later-well lit- specifically love Mt. Trashmore Do a relocation or expansion for Seatack Recreation Center. More conservation and management of open spaces. Housing ➢ Encourage the development of affordable housing citywide, including housing for citizens with special needs. Rated 4, 5, 5, 5, 4 Average is 4.6 ➢ Encourage the development of housing for seniors. Locate housing for seniors and disabled people within reach of public transit. Rated 3, 5, 4, 3, 4 Average is 3.8 ➢ Help move homeless people into permanent housing as quickly as possible. Rated 5, 5, 5, 3, 1 Average is 3.8 ➢ Preserve historic building whenever possible. Rated 5, 5, 5, 5, 5 Average is 5 ➢ Encourage workforce housing within the Strategic Growth Areas for housing close to employment centers. Rated 3, 1, 3, 5, 3 Average is 3 ➢ Encourage the development of housing that is ecologically responsible and energy efficient. Rated 4, 4, 5, 5, 4 Average is 4.4 Brochure Responses Page 719 ON(!fL!Vinic thud) 113 Planning & Community Development Comment: New housing is too expensive for working class citizens. We are literally being forced to leave the city if we want to buy new. Economic Vitality D Continue to diversify our local economy by encouraging target industries, particularly hospitality, tourism, STEM, and biomedical. Partner with schools and colleges for workforce development to support these new industries. Rated 4, 5, 5 Average is 4.67 D In the East Oceana Special Economic Growth Area, encourage low-intensity, light industrial uses and limited retail, with significant buffers to Seatack. Rated 4, 5, 3 Average is 4 D In the West Oceana Special Economic Growth Area, encourage corporate office and retail uses west of Lynnhaven Parkway. Rated 4, 4, 5 Average is 4.33 D Do not allow additional homes in the South Oceana Special Economic Growth Area. Corporate Landing Business Park is reserved for high-quality, high-wage employment. Rated 3, 5, 5 Average is 4.33 Comment: Bring IGB intemet to city to attract business and encourage telecommuting. Brochure Responses Page 8J9 (.iynj l'rpinin Beach 11/4i3Planning & Community Development Verbal Comments Received - Priorities & Concerns Stated Parks & Recreation Centers Displays and Tidewater Community College Displays TCC Students on January 12 and January 21 Transit/light rail SGAs vs. SEGAs? Glad we set up here! Take bus to TCC from near Norfolk Airport takes 2 hours. Jet noise, Laskin Road flooding, traffic. Upset about losing Princess Anne Park and the natural areas that existed here years ago before all the housing developments. Urban areas— likes grid system. No light rail! Lives off of General Booth Blvd. near aquarium, hates road closures for races. Concern about light rail. Nervous about tax problems. Have lived off Birdneck Road for a long time. Likes beach, food trucks, worried about arena. Suggested making use of arena parking lot year round when not being used by arena events. Supports arts districts at the Oceanfront. Supports walking and biking at the Oceanfront. Lives in Chesapeake. Likes idea of light rail from Greenbrier to TCC. Congestion is challenging for driving daily to get to school. Lives at the oceanfront. Likes to fish on pier and wants to keep public access to water on pier for fishing by locals if pier is rebuilt. Brochure Responses Page 919 lltytIYi.grnru Bauch ABPlanning & Community Development January 2016 Public Review Draft Comprehensive Plan Policy Document It's Our Future: A Choice City Public Comment Record The following e-mail responses were received: January 22, 2016 After attending the informational meeting at Taliwood High School on January 20, 2016, I would like to comment on the Centerville Strategic Growth Area. Having lived in this area for 28 years, we have seen much change and growth, particularly as it pertains to traffic. Unfortunately, I feel all the added housing and businesses around Regent University (even with the noted road improvements) is going to make congestion even worse. It would be nice to leave the woods on Old Centerville Turnpike and make walking and biking trails. That is such a nice, quiet area in this busy part of the city. Also, instead of building new stores, it would be nice to see empty storefronts utilized (Woods Corner Shopping Center and the apartment complex on the corner of Centerville Road and Lynnhaven Parkway). Also, when the Lynnhaven Road construction is completed, a park at the corner of Lynnhaven Parkway and Beaufain Boulevard with a trail to Stumpy Lake would be great. This part of Kempsville is a great area to live in, and I would hate to see it become just another urban area. Thank you. January 25, 2016 Dear Planning Department: Are there any plans to update the vitally important Technical Report of the Comprehensive Plan? While the Technical Report contains approximately 339 pages compared to the Policy document's 188 pages, I believe that the contents of the Technical Report are critical to the effective long-term planning for this city. The current 2009 Technical Report contains two key documents; the Resort Area Strategic Plan (RASAP) Document(53 pgs.), and the OceanFront Resort District Form Based Code (ORDFBC) containing 211 pages. The Technical Report will impact over$2 Billion Dollars of the tax payer's money to fund Light Rail Transit ($1.2B) and the proposed Arena ($800M) as currently estimated by various groups. I think that it would be reasonable for one to expect 20-30% cost over-runs in both the LRT and Arena projects. E - mail Responses Page 115 Ory,,tirfpnia 1h,,wh Mi3Planning & Community Development Other proposed expenditures for Oceanfront development with the associated direct and indirect infrastructure will commit additional hundreds of millions of dollars to Virginia Beach's budget. The increased budget debt load will require increases in our future taxes and fees. Such increases and the taxpayer's ability to absorb these increases will have long-term effects, impact our current AAA financial bond rating and limit future business growth. Additionally, the Neighborhood Dredging Program (NDP), or as it is also called, the Dredged Material Transfer System (DMTS) needs to be included in the Comprehensive Plan, Section 1 Citywide Elements, Environmental Stewardship. The city's dredging program will degrade initially the environmental quality of the expansive Lynnhaven River estuary which represents approximately 30% of the entire square area of Virginia Beach. The expenditure of operating and maintenance funds for dredging areas that are not primary waterways, the destruction of extensive oyster beds, and the detrimental long term impacts on both blue crab and SAV ecosystems will have detrimental impacts on our city's environment, tourism, and economy. I believe these issues need to be discussed and incorporated in the updating of our City's Comprehensive Plan in order for that plan to be a viable planning document. Sincerely, David Williams 2104 West Admiral Drive Virginia Beach, VA 23451 ((757) 619-7049 January 29, 2016 I have reviewed the update to the comprehensive plan and have some comments regarding the transportation section: 1. There is a disconnect between the VB Light Rail Extension Project Overview map and the High Capacity Transit Extensions map. The detail map shows three stops within the town center area whereas the overview map only shows two stops (Blue Line). It's not clear which is correct, i.e. two stops or three. 2. The write up on light rail makes it sound like it's a done deal. It's not. There needs to be some disclaimer or statement of assumptions up front on light rail. Right now I'm not for it because the costs outweigh the benefits. If that changes in the future, great. I understand this is just planning but some explanation as to the way ahead would help. R/ David Riley E - mail Responses Page 215 Gityofli'.yin(a Hooch MBPlanning & Community Development February 3, 2016 Draft Comprehensive Plan document, Section 1.2 — Urban Areas (Strategic Growth Areas): All customers with private development proposals are strongly recommended to contact the Department of Planning & Community Development prior to entering the design process. Staff is available to interpret the SGA Plan as it applies to the subject property, listen to the customer's goals for the property, and collaborate to find mutually agreeable development plans for both parties. Pre-design topics may include proposed land use, site design, building design, supporting infrastructure needs, how the proposal complements the SGA Plan, and any other questions or concerns about the project. Comments: Staff should not be the only party that collaborates to find mutually agreeable development plans for both parties. The citizens and especially the residents that will literally have to live with the results of the development for years to come should be involved at the earliest stages to ask questions and provide input and suggestions to form a successful project. Otherwise, as is too often the case, they will become involved when it is too late to have meaningful input and instead must oppose the project. Resort SGA: SGA Design Principles Development and traffic patterns should be sensitive to needs of adjacent neighborhoods. Comments: Form-Based Code should not move forward (allowing projects with greater density and lower parking capacity)without a completed traffic and parking plan that fulfills the first goal of the Resolution to Develop a Comprehensive Parking Strategy for the Oceanfront Resort Area that was adopted by City Council at the same time: `Protect established residential neighborhoods by reducing or removing on- street parking pressures created by public beach use and the need for business employee parking.' Increased density should not be foisted on long-term residents without their early input to ensure projects are acceptable to those who will live with their consequences. Thank you, Barbara Clark, President, Resort Beach Civic League, 16th Street E - mail Responses Page 315 City tft5ryinio Beach UpPitPlanning & Community Development February 4, 2016 To Whom It May Concern, Ref: Section 1.4, Princess Anne Commons and Transition Area, Final 1.7.16, Pages 17 and 19 of 23. February 4, 2016 Page 17 of 23: TRANSITION AREA "The vision framework for the Transition Area is as a distinct place with inherently unique environmental characteristics and constraints that must be carefully considered when designing for development. Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north." Page 19 of 23: Development & Uses: • Development should be creative and of high quality. • Uses should be limited to low-impact, low-density residential, low-intensity non-residential, open space and recreational, and agricultural, including row-crop farming and equestrian uses. • Uses should necessitate limited roadway improvements (e.g., turn lanes). • For residential development, a maximum average calculated density of up to and no more than one unit per developable acre can be earned through demonstrated conformance with the Transition Area Design Guidelines. • Minimum lot sizes of 15,000 square feet are preferred. Lot sizes less than 15,000 square feet are appropriate if additional active open space location recommendations as set forth in the Transition Area Design Guidelines are incorporated into the site design. Comment/Recommendation: This comment is submitted recommending a change to the "minimum lot size" contained in the Comprehensive Plan and as cited above. As stated on page 17, "Development policies for the Transition Area are not intended to be a continuation of the higher density development patterns and form found in the Suburban and Urban Areas to the north." Permitting a minimum lot size of 15K sq ft closely matches the lot size requirements found in the suburban areas of northern Virginia Beach. We would like to cite the following areas which closely corresponds to this standard and include but are not limited to Pembroke Shores, Pembroke Meadows, Kings Grant, Little Neck, Thalia, Larkspur and all the development in the Hilltop section of the city. The 15K minimum requirement is in fact going to turn the "Transition Area" into another suburban/urban area. The second point we would like to make focuses E - mail Responses Page 415 CUytfliminra Bea,113 A Planning & Community Development on past building requirements for the Transition Area. During the planning/approval phases for the following developments: Heritage Park, Heron Ridge and the original Ashville Park, the minimum lot size requirement from the City Council was dictated to be 20K sq ft per building lot with an additional 20K sq ft of open space per building lot within the development, effectively making each home site 40k sq ft(1 acre minimum average calculated density as cited in bullet#4 above). We strongly recommend retaining the original lot/site requirements levied on the Transition Area communities listed. Respectfully Submitted; Dean & Maureen Ringressy, Heron Ridge Estates E - mail Responses Page 515 �jO`VIFiGfN/4c'e of E. George From the Desk Mi � Minns '� President of the Seatack Community Civic League SEATA 236 Shipps Lane-Virginia Beach,VA 23454 O M■n1 4/ t4.11. ��tlIC�E*C Email: georgeminns1952@yahoo.com—Phone: 757.575.8109—website: rvuasec cwic.tat January 28, 2016 VIA U.S. EMAIL Mr. Barry Frankenfield, Director Planning and Community Development 2405 Courthouse Drive Building 2,Room 115 Virginia Beach,Virginia 23456, AND TO: Mr.Mark Stiles,City Attorney, Mr.James Spore,City Manager, Mr. Doug Smith,Acting City Manager, Mrs. Ruth Fraser,City Clerk for all Member of City Council Commander—Oceana Master Naval Jet Base Ocean Land Use Conformity Committee Virginia State FOIA Council—City's repeated Denial of Seatack Plan Public Record Virginia State Human Rights Commission Legal Defense—National NAACP ACLU Howard University Law School Southern Poverty Law center Re: HISTORICAL 200 PLUS BLACK COMMUNITY OF"SEATACK'DEMAND FOR CITY OF VIRGINIA BEACH AND IT'S PLANNING DEPARTMENT TO STOP RACE-BASE EXCLUSION OF AND UNCONSTITUTIONAL GENTRIFICATION OF HISTORICAL 200 PLUS BLACK COMMUNITY OF "SEATACK"WITHOUT DUE PROCESS NOTICE OR OPPORTUNITY FOR SEATACK'S 100 PLUS CIVIC LEAGUE TO BE HEARD,IN THE SAME EQUAL MANNER AS CITY REGULARLY ACCORD [ALL] WHITE CIVIL LEAGUES IN THE SAME OCEANFRONT DISTRICT NO. 6 FOR YEARS: "Changing a generation by changing flu,way we do civic league" P.;• 7.'>> Order 8757 World War 11 Air Warden Station Seatack(1940s) was located on same land as Seatack Recreation Center today,from which the Black men of Seatack baby-sited the little"Town of Virginia Beach" during WW II). • FOR THE CITY TO PROVIDE HISTORICAL SIGNAGE AT ALL FOUR ENTRANCES TO "HISTORICAL SEATACX COMMUNITY"(i.e.,settled in 1500s before America in 1607,named after War of 1812, oldest Black community in the United States—Congressional Record at page 82807.—older than "Colonial Williamsburg, Virginia—oldest community in the City of Virginia Beach,settled by free African Caribbean—NEVER SLAVES.See: Virginia State Slave Register). Dear Mr. Frankenfield: This is in direct response to your second email to me dated Thursday, January 21, 2016 at 7:52 pm regarding your apology. Your apology is [conditionally] accepted Sir. Please note that my initial email petition in this matter dated January 20, 2016 is hereby included here, by reference, as if set forth in verbatim. This is our second official DEMAND for fair and impartial treatment from your City Planning Department in this "2016 Comprehensive Land Use Process" to seek to enjoy our fundamental basic rights,pursuant to the First and Fourteenth Amendments of the United States Constitution, and the same [enforceable citizenship rights) in our Virginia Constitution, as stated therein my email of January 21, 2016, and detailed below. All to avoid any further city created fraudulent gentrification of the historical culture aspects and sites in and of this over 200 plus Black community of Seatack, Virginia Beach, as more fully described herein. Since your first response merely SIDE SETPPED the real historical concerns of this Seatack community therein my firstetuion to you of January 20, 2016. In direct response to your first email dated Thursday, January 21, 2016 at 6:58 pm regarding my Minns-Seatack Community Civic League Administration (SCCL) demand for fair and equal [historical culture protection], in the same like manner as already provided to [all] white communities in the oceanfront District No. 6, and "Changing a generation by changing the wny art'do civic league" 11Preservation Commission"(hereinafter"VBHPC). TOTALLY WITHOUT OUR KNOWLEDGE; WITHOUT DUE PROCESS NOTICE; DENTAL OF OUR RIGHT TO KNOW WHAT OUR GOVERNMENT IS PLANNING TO DO TO US OR ALLEGEDLY FOR US;BUT WITHOUT[US]. 4. Your next sentence is further INSULTING: "Sharon Felton (a former SCCL Board Member) is a Member of the Commission"THE CITY NEVER ASKED OUR SCCL ADMINISTRATION TO SELECT ANY ONE TO BE APPOINTED TO THE COMMISSION. Therefore, while the city regularly ask[all] white oceanfront communities [civic presidents directly], which should have been me, not just any member of[their Board] who they want to represent them; no one in the city[asked] me, or seatack, or our SCCL Board, the only black community in the same Oceanfront District. Mrs. Felton is not"Seatack" (a 200 plus community of an estimated 2, 000 citizens). Mrs. Felton is an elected public official to the Virginia Beach School Board (not the city). Thus, a totally[separate legal entity] from the city, and our community history matters are city issues, not school board, by law. City created under Title 15.2 in 1952/1963. Whereas, School Board and Divisions in Virginia are Constitutionally created, dating back to the new re-written Constitution of Virginia following the end of the Civil War between 1865 -1870. Further,pursuant to the Dillon Rules, Mrs. Felton is lawfully restricted to her school board duty at the time this matter arose on January 20,2016,which was after she resigned from SCCL Board of Directors. Whether she told you or not. 5. Furthermore, she (Mrs. Felton)has no legal authority to act for or on behalf of SCCL or me or the Board, without notice, and without my or the SCCL Board's expressed authorization, and neither had given her any such authorization. 6. Therefore her(Mrs. Felton's) appointment to the VBHPC was for and by the city, or certain city officials as a political "black-face front", evidently for the city's self-serving political benefit, and not SCCL's Seatack historical interest. "Changing a generation by changing the terra/ i'e do civic league" 4. Your Planning Department agree to place in the Virginia Beach Historical Register(a)Mount Olive Baptist Church, (b) Seatack Recreation Center Property site of must historical events, (c)put Seatack Fire Station 12 in and put "Seatack Fire Station" over big double doors at VB Fire Station 12, and (d)put Old Seatack Elementary School building property in register with understanding DO NOT TEAR IT DOWN. PART II: Over next 60 days: 5. Your Planning department will immediately start the "Seatack Historical Culture Area Overlay District"process, keeping SCCL Administration informed every step of the way and included in all aspects of the process. 6. SCCL Board of Directors will handle all submission applications to either state or National Historical registers as we deem appropriate. 7. Your Planning Department submit recommendation to establish a "Seatack Historical Culture Area Preservation Commission"of no more than 10 persons, city appoint 5 members and SCCL Board of Directors appoint 5 members, and allow them to handle all unresolved balance of issues and concerns, such as development of official history tour of historical Seatack. SCCL will present all of its concerns to the Commission. WE SCCL ASK FOR THIS: Respectfully submitted Ooripe E. George Minns Citizen elected Presiding Officer(2010 —present) "Changing generation by changing flu' u ni we do eit'ir league" DRAFT-City of Virginia Beach Comprehensive Plan-it's Our Future:A Choice City January 1,2016 SFA 9-SEATACK .-‘1,N.,,,_.:,--7,‘',1- :A ' ' ' , .. -..- , ._„. ' .,..' ' 1,-..::-:;:'''1-' r, A---:----'---\\*„.„:1_,-- ' .7 �v- f 12-4.1.e,:-*Trlt,v3,,t111-41-,,,,A'Lfit-1.1-!.''''1. ''I' ''l ''''''.:.`1. 7------11. iiii.ii.:::•: - ' : ': :' '--.,-,--,kler-3tC--'!'-t;:-:j--1.1'\--;-;:_‘\_.•,,,gr:;ill"'"I''` 4,1.,4" „5-t, : _ .._„_,___.i „.7,10,Nelair,y_ilii., . - '' . 2s 7h f�,�>d y 1. , x."14' ' V ' e ; �� t' y� 'dam �t '14 i U l—�+'! II fir.". i� !r,. f:, 1` ,..��1 . - F; 0.�il� ,fir C l r savor „' (-,,," ,.! i-; * . . rigttlf, ,,,,,-. . :,,. „ - s.,, .,-., _,,..,— ,,, ,„ , 1 :.., ., 4'....-* ' "."-`°"ri*'4- ' '''T:-' 3, �—`' 1U • • J,, a r n i y,,--,1,-4-.: i.,'---'1',' „,,.- sir`- ' -, Nii � M r ..1r .",,0„.* (�ttm' tr r. �: r`.•••---" ••,--,.,'4 irl , ..-:,,-1,, -,..'::i , ;:,.., 17, - 4” ,:.,,,,,,,,,--i„,-. :,..a, ,,, ,,, N. : 1 __ _ _ i. tom_- .,ior, .;,--.V..-- 1,- .. t•qp :r.:-.„,,, _ ,,,t,, - -- -:„.;;;;,-,•-it,...r,„ 5 � P: ..�.��' a� � � �.�„,.., :;:- .t.,:1 -.7.- ,,,,,,,...7-1,A4:,,A ..., ;"fir � �� '` w ,t,,, r s sem^ ” �"` a ,\-,,,,-1.4 -,.......:, „,* — ,-'„:1:4::"::----;3,4,:,-tz,-,f'i*,---I - • ; ' ' - 0,:',,tr"- '' _ f' s. :trj f /t r' s „x 1 } qs adv 1 DESCRIPTION Historic Seatack,located in the City's Oceanfront Resort Area,is thought to be the oldest African- American community in Virginia and possibly the United States,with original settlement by free men dating back to the late 1700s and early 1800s.The area eventually took its name from the words"Sea Attack,"based on British Warship cannons along the coast firing inland during the War of 1812.Seatack men fishing in the Atlantic Ocean were known to pull people to safety after shipwrecks in the early 1800s.U.S. Life Saving Station Seatack,Virginia No.2,was ultimately established in the area,which was listed on the National Register of Historic Places in 1979.In 1908,the citizens of Seatack formed the"first school for Negro children'at the'mother church'of Page 38 of 40 i I I DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City January 1,2016 Seatack,Mt.Olive Baptist Church on Birdneck Road.In the 1920s,the parents of Seatack formed the Seatack Public School League of Princess Anne County,and Seatack citizens later provided land for the original Seatack Elementary School,which opened in 1952.Men of Seatack served in every war in which the United States was involved,and those returning from WWII organized and built the first black-owned and operated fire department,known as the Seatack Volunteer Fire Department. In 1985,Mr.Joseph Grimstead,Sr.dedicated the land for the Seatack Community and Recreation Center,which opened in 1997,and was later rededicated in honor of Mr.Grimstead. In October 2011,the Seatack Civic League,which is over 100 years old,organized a 200th'birthday' celebration for Seatack. Given this historical settlement and the unique contributions of Seatack's residents to the city's heritage over the centuries,the following recommendations are made for this neighborhood: • In partnership with and guidance from the Seatack Community Civic League,install neighborhood identification signs at neighborhood entrances,particularly on Birdneck Road and at Virginia Beach Boulevard. • In partnership with and guidance from the Seatack Community Civic League,recognize local historic and cultural landmarks in the community.If desired by the community,applications should be prepared for listings on the Virginia Beach Historical Register.Several of the sites of historic and cultural significance include the following: Mt.Olive Baptist Church,the old Seatack Elementary School,Seatack Recreation Center,and Seatack Fire Station. • In partnership with and guidance from the Seatack Community Civic League,pursue the delineation and adoption of a local Historic and Cultural Overlay District if desired by the community. • In partnership with and guidance from the Seatack Community Civic League,and if so desired by the community,prepare a `•fit _ Preliminary Information Form (PIF)for a"Seatack Historic District"to determine the community's eligibility for listing on the Virginia Landmarks , Register and the National Register of " Historic Places. Mt.Olive Baptist Church,Birdneck Road,Seatack Page 39 of 40 SFA 4 - Virginia Aquarium and Owls Creek • This area has great potential to be a national example of sustainable growth and economic development geared towards environmental preservation. • Guided by the Virginia Aquarium and Owls Creek Area Master Plan, the recommendations for this SFA encourage development or redevelopment of regional significance by protecting the natural environment, facilitating a mix of connectivity, enhancing the character, and providing incentives for quality development. s , fid ' / C , '' - _;',C12:1 k'_..- ' • i •. tr- R • eA v 'S3 Y' "h '' x' s ti x'. 0 1z- .- _` fi', a SFA 4.1 — General Booth Campgrounds The Holiday Trav-L Park on the west side of General Booth Boulevard and the KOA Campground on the east side offer outdoor recreational activities for citizens and visitors of Virginia Beach and complement the City's recreational programs and the resorthospitality industry. • Consistent with AICUZ policy, alternate uses may include attractive, high quality, and low intensity: o Offices; o Resort oriented retail; o Resort oriented recreational; or o Other AICUZ compatible uses. • Residential or hotel uses are not recommended for either campground site. j <,;'.z ±, ,<9 rn '''' k i'' - . - /jtµ ,• I e + • TM � _ • ' SFA4.1 gam. ite A ;fl;. i '.0'"',.7"4„t.,„ r ,f * `' -�� c.., "_ a �. ' ��c �� Xi jX� tt � "t.tom _� � Xyy �ei' , ��h. � • 4k. 1,� � "ANS %4 '. } _s � ,� . tr r7r'`#4—* ' t -, �.0 "40 �r I � DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 16,2016 2.3 - HOUSING & NEIGHBORHOODS HOUSING THAT IS SAFE,DECENT,DIVERSE,AFFORDABLE,AND ATTRACTIVE HELPS FOSTER: • Neighborhood Stability and Quality • Higher Quality Physical Environment • Diverse Lifestyle Choices • Civic Pride • Lifelong Learning • Economic Vitality • Higher Quality of Life INTRODUCTION The purpose of this chapter is to provide comprehensive planning policies to guide and protect the future character of housing and neighborhoods citywide.A key indicator of every successful city is how well it safeguards the health and quality of its housing and neighborhoods.As defined in the Suburban Area Chapter,neighborhoods are"...a cohesive arrangement of properties,structures,streets,and uses within an area that most or all of which "x is residential,and that shares distinct physical,social and economic ti characteristics." Thus,housing and ( I 1 neighborhoods are discussed as one .: ' I 4,1 entity in this chapter as a cohesive arrangement,intertwined in affecting the existence of stable neighborhoods Single Family Neighborhood that thrive in the context of quality housing and civic pride of the residents. Fostering civic pride,for example through establishing civic leagues,is a vital tool for encouraging residents to be involved with this cohesive arrangement. A case in point is the Seatack Community Civic League that has represented the Seatack community for over 100 years. Seatack is one of the City's twelve historically African-American neighborhoods. See page 2 for a map with the general locations of these African-American neighborhoods. Policies complementary to this chapter that apply to neighborhood development and housing needs can be found in the Urban Areas and Suburban Area chapters.Design Guidelines for housing and neighborhood development and compatibility are found in the Comprehensive Plan's Reference Handbook for the Planning Area Development Guidelines and the Special Purpose Guidelines. Page 1 of 17 i DRAFT-City of Virginia Beach Comprehensive Plan-It's Our Future:A Choice City February 16,2016 City of Norfolk— _------ i'': ' , --^,,".- , tallow._ ' ...0.........".01111 ..,,414,111 1\ i A\ , \ 411k, Ilk f ' Ox., Not 4110Wimrs•010\ ---- -' r .411, ,.... ,,,A, , _ ... ...,.,11011 . ' -,:':;;-;,'""- --:. ' 1.. .,r � `, ,,,. , t r; .,,, , - -4-:-:,-,:,- - .1% cR. rT.;fnP F �T'4ri.yJs.1 } �,r.s,Cyrq,' I� 1,* gays ♦, f City `of ChesaPeak$ -` ` Historically African-American Neighborhoods ,‘,t,,,,e- -•e- 1.Queen City 2.Newlight -, ;'. 3.Burton Station •--_ 4.Lake Smith 1. 5.Beechwood 6.Gracetown • 7.Newsome Farm 8.Reedtown 9.Doyletown 10.MITI Dam 0 1 2 4 11.Atlantic Park Miles 12.Seatack HISTORICALLY AFRICAN-AMERICAN NEIGHBORHOODS Page 2 of 17 10 CITY MANAGER'S BRIEFINGS VB READS ITEM#65698 4:22 P.M. Acting Mayor Jones welcomed Karen Kehoe, GrowSmart Coordinator — Economic Development and Melissa Zibutis, Coordinator — Volunteer Resources. Ms. Kehoe expressed her appreciation to City Council for their continued support of this project: Virginia Beach Reads City Council Briefing Tuesday,March 1,2016 Karen Kehoe,Economic Development Melissa Zibutis,Volunteer Resources Below is an overview of how this collaboration and the project's expansion came to fruition: Where it all began... Grow Smart Volunteer Resources Program Expansion ' Neighbors I Ielping Neighbors • Target population:0-8 years old I lducation and Youth Initiative Improve 3rd gr.reading proficiency I ixpanl existing literacy program Engage volunteers in our work - Seeking measurable outcomes! March 1, 2016 11 CITY MANAGER'S BRIEFINGS VB READS ITEM#65698 (Continued) The goal of the campaign is to get communities around the nation to rally together in supporting local school districts to ensure all children read proficiently by the 3rd grade: 1 .. "--. Wil CHIL REOSR VIRGINIA BHH Lupron ing Quality 50OHE g e erne th.Full Transition to Early�� Care& OSE- Kindergarten Education VIRGINIA ff �+ IRG BEACHVRIGRIu PUBLIC ' ' d SMART sBo2 Parent& sex c e c AL Frent logy i VIRGINIA BEACH Education H - READS Familia The Campaign for Grade-level Reading the rkcente In 2012, GrowSmart, in conjunction with the Schools, set a "Bold Goal" to have 100%of the VBCPS 3rd Graders reading on or above grade level by 2020. The campaign has these three parts: Bold Goal: 100%of Virginia Beach third Ensure graders reading on or above School Readiness grade level by 2020 The Campaign for Grade•Level Reading Eliminate Summer Slide • Reduce Improve Grade Level Chronic Absence Reading for At Risk Students March 1, 2016 12 CITY MANAGER'S BRIEFINGS VB READS ITEM#65698 (Continued) Below are the Community Partners supporting VB READS: 11. 5."."n.-4114...s- VIRGINIA BEACH READS VIRGINIABEACH *dscover the v Id SOUHRE OUE. „ �Eli°. tIM'�wI! r= BEACH 1 BARNES&NOBLE foRiolv ,SMART� et,t>A5I 11 FR United (j(`` _ Hampton Roads `*1 Way vsig (Immunity limndeticn uarckaw.iwsa w� IRGMIKWIC BEACH '. - my..,y ri.6mMp..thM^ut . CtTY R( cNaPnN.rE ca.4sE x Ms. Zibutis advised the City is a member of the National Cities of Service Blueprint to help cities to create programs. Over the past few years, they have been working to adapt the blueprint in order to fit the City's profile and launch the program in 2014: National Cities of Service Blueprint Using / Adapting the Blueprint ° Ty�RD Planning Phase (Aug. 2013-Feb. 2014) REgDSGR/ADE Implementation Phase (Mar.-Sept. 2014) 4 haunch (Oct. 2014) March 1, 2016 13 CITY MANAGER'S BRIEFINGS VB READS ITEM#65698 (Continued) Volunteers come from all walks of life and below are just a few examples of the Volunteers in this program: IS Who Are Our Volunteers? Retired community • I\lilitar� • Working professionals • Wave City Care • West Neck Educators Club _ • Cite of Virginia Beach Below are the City Departments that are currently participating and volunteering in this program: CVB Departments Represented Agriculture " Commonwealth Attorney's Office ' Economic Development Finance • Fire Department • Office of Volunteer Resources Parks&Recreation • Planning • Public Libraries March 1, 2016 14 CITY MANAGER'S BRIEFINGS VB READS ITEM#65698 (Continued) Year 2 Adjustments • AmeriCorps VISTA Manager • City—Schools MO U °` • Enhanced Data Collection Below are a few of the "Fast Facts"from the Program for 2014-15/2015-16: 1 Fast FactTar-- fol s 2014-15 / 2015-16 f _tl { * 165 first grade students 100+ volunteers * 3 schools • Over 2,000 books donated — 410' March 1, 2016 15 CITY MANAGER'S BRIEFINGS VB READS ITEM#65698 (Continued) Below are the "Outcomes"for the Program to date: Outcomes • Improved reading achievement* • Transforming Local Government,2016 • Outstanding Mentoring Program, 2016 • F\15: 90 volunteers, 1,987 hrs. • To-date: 3,156 hrs., $73,000 • ICS Program Alignment • Mayor's Action Challenge • Envision 2040 Community for a Lifetime Compass to 2020 Worl?force Development March 1, 2016 11 16 CITY MANAGER'S BRIEFINGS VB READS ITEM#65698 (Continued) "Looking To The Future"the program has been established: ty Lookting to the Future • Build, strengthen partnerships • VBCPS • Barnes&Noble • _kmeriCorps VISTA • w411111 • Volunteer groups r £ • Data-informed programming tom _ ° Expansion to 2-3 schools Thank? you! H �� g mom IN e ..s. sot I Acting Mayor Jones thanked Ms. Kehoe and Zibutis and the entire team for their hard work on this wonderful program. March 1, 2016 II 17 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 P.M. Acting Mayor Jones welcomed Thomas Nichols, Engineer — Public Works Facilities. Mr. Nichols expressed his appreciation to City Council for their continued support and advised today's Presentation is an update to the FY 2017-2022 Facilities Capital Improvement Program (CIP): ;.: bik Works Department r 20174022 Pardlities aP vg, �' to City Council March 1, 2016 rJ ri S..... c4(44:4iNg Gait*OC, Suatrag aautL Picas Below are the dedicated Facilities Maintenance Programs: ai..•{ Dedicated Facilities Maintenance Programs Project Total Project �.... Project Start Cost Ft 17 and End Funding Dates 9496V*NwataBi0yµ*At 001061800100 00040001 BI $21,818,811 .$2.009060 7/li 061/22 3-137 Various Buildings Rehabilitation&Renewal III $24,518,329 $ 2,500,000 7/11 to 6/22 3-506 fire hap Illerribilitilion and 6,nawal IB $ 5,645052 $ $00.300 7/1140 6/22 3-278 Virginia Aquarium Renewal and Replacement II $ 5,975,000 $ 600,000 7/06 to 6/22 3-146 Vb$kde Igtladan Bldg.*Isms&facility Infrastructure $19,101.610 $ 1,500.600 7,b9 m 6/22 3-103 Heritage Building Maintenance $ 5,915,961 $ 1,147,111 7/09 to 6/22 3-510'Minimal**Care fad0tles RenewelMedraumant $ 1,913,667 $ 120,527 7/11 tb 9/22 3-518 Convention Center Capital Maintenance $10,947,489 $ 1,643,563 7/15 to 6/22 3-505 BUBdytg Modenthation,Mnnwsl&Raplaament $ 100,000 $ 0 7/11 b 7/16 March 1, 2016 18 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) Below are the effects of reducing the Maintenance and Repair backlog with the current CIP funding: Reducing the Maintenance and Repair Backlog $70 SAA • 4,-Building �A $501 Backlog $60 'L__.___— - _._— with Year $711 $514 $SaA 2015 $01 . funding $50 $Su $01 $17•S .0-Effect of $40 �..__ ......._—__ —.___.... _...__..... 3iF.f current and Crequested 3017 $30--' funding { $20 +— .0.2017 Requested $10 -r--__--_-- __ funding Included $5.3 85,7 MA $1A QA $7A $)A $7.7 $0 ; Below are the recent completions within the CIP: (-4.711 Maintenance CIPs Select, Recent Completions • Human Services Witchduck Annex renovation $1,007,000 • Central Heat Plant chiller replacement $1,200,000 • VA Aquarium AHU's,boilers,fans,and pumps $1,000,000 • Electrical grounding for 15 fire stations $ 45,000 • Fire alarm replacements in 10 fire stations $ 240,000 • EOC/911 Center tempered window replacement$ 65,000 • Building 2 back-up building generator $ 330,000 • Fire alarm replacement—Fleet Services $ 147,000 4 March 1, 2016 19 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) ( � I . F tt , CAT Below are the projects currently underway with work in-progress: (411., nprogress: } Maintenance CIPS Select, Current Work-In-Progress • Central Heat Plant cooling tower replacement $700,000 • Judicial Center(10,10A,10B)fire alarm replacement $500,000 • Building 20 portico replacement $177,000 • Building 20A HVAC coil replacements $115,113 • VA Aquarium-Norfolk Canyon structural floor repairs $200,000 • Public Safety Building partial roof replacement $415,000 • Public Works Highways-replace 12 HVAC Bard units $ 75,000 • Building 9 AHU replacements $175,000 • Central Heat Plant electrical panel upgrades $400,000 6 March 1, 2016 20 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) Below are the projects that are soon-to-be-started: Maintenance CIPs Select,Soon-to-be-started Projects • Fire protection system upgrades Building 19&Human Services $375,000 • VA Aquarium cold water gallery renovation $350,000 • Parks&Rec Maintenance Office roof replacement $220,000 • Electrical panel upgrades(various) $525,000 • Central Library chiller replacement $220,600 • Judicial Center Building(B10)AHU replacements $250,000 • Fire Station 8(Oceana)roof repair/replace $295,000 7 a t% Facilities Energy CIP Project ! Total Project Requer;ted Project Start Cost FY 17 and End Funding ' Dates II 3-140 Energy Performance Contracts S 4,583,915 $ 0 7/08 to 6/20 P March 1, 2016 I I I 21 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) Below is a listing of typical energy projects: Ch*-1 _ _ _ Energy CIP Typical Energy Projects • Interior/Exterior LED lighting improvement projects: • Virginia Beach Convention Center • Judicial Center • Municipal Credit Union-Building 4 • Building Maintenance-Building 9 • Human Services • Fleet Services-Holland Road and Leroy Road • Human Services Witchduck Annex • MOCA • Combined HVAC and Lighting: • Great Neck library • Fire Station 11 • 2nd Police Precinct • Central Heat Plant loop upgrades I • Addition of variable frequency drives to existing motors j • Upgrades of Direct Digital Controls(DDC)on HVAC Systems • KMC thermostat installations(Networked with lockout capability) 9 # Energy CIP Visuals 1111 ist !b. _ t� ,� March 1, 2016 II l 22 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) Below is a summary of the Stand-Alone projects included in the CIP. The following slides will provide specific information regarding each of these projects: ', %, Facilities aP Stand-alone Projects Project Total Project ., Project Start Cost FY 17 and End Funding Dates .. 3-508 Arc Flash Mitigation $ 5480,000 $ 700,000 7/11 to 6/22 4498 NIRORM A XgWrr 1N aw cOR *ORM& $ ' ,;-0410Bili 3-344 Police Fourth Precinct Replacement $ 8,007,206 $ 2,122,209 7/15 to 6/18 6411 'i f 4,r00$.$ '.' $ 0/lew 4/A7 3-006 Coastal Conservation&outdoor Adventure Park $ 543,736 $ 0 7/13 to 6/17 `N$Miasa it 4444044444., `;' $04440 'a$241*i16'''...**40110 3-074 Aquarium Veterinary Care Center $11,737,869 $ 0 7/15 to 6/22 `,410 aoliteThowors4pmktHoist "F.`$ ,tib '4.. 0 4,711#14041, 3-025 Building 2 Electrical Upgrade $ 2,138,400 $ 0 7/17 to 6/18 i tECRIMCB RMEOPM r MOWCRIM RRIlde $$,80Q000`$' 13$' ,F*$*Et17 3-065 Central Plant Generator $ 5,305,585 $ 0 7/17 to 6/18 ;$41720,01111 Mord t mad**we Dew0100014 $ ;254000 4 `*000 MOO Wil 81015.04 Fire/EMS Station Burton Station $ 7,810,206 $ 960,000 7/16 to 12/19 $W1S-l6 Commonwealth AMonrey building RMncgfkm }'100.000 $1,100,000 7/16 t01247 (4) 3-503 Housing Resource Center -.440,t; i en...1: �.� ,„ '� 311. , 1 1 , .; 11 . . .._„...,. . • 62,000 SF facility providing shelter and services to the homeless and those at risk of becoming homeless • Demolition of existing site structures completed • Design complete • Estimated construction advertisement late March 2016 • Estimated construction notice to proceed July 2016 • Estimated substantial completion November 2017 12 March 1, 2016 23 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) 3-508 Arc Flash Mitigation • US Department of Labor/Occupational Safety and Health Administration(OSHA) Requirement that all building electrical systems comply with the National Fire Protection Association(NFPA)standards • More than a thousand panels were assessed for Arc Flash Hazard Levels • 70 panels have been identified at a Level 4 that need to be reduced to a Level 2 • Funding requested for project to effect panel improvements to get all to a Level 2 r: ) 3-292 Virginia Aquarium Marine Animal Care Center eit • ,44/ . t • New facility to replace the current facility which is on Norfolk Avenue • New facility to be sited near the Public Works Owls Creek dredge facility • Currently in basis of design programming and schematic design • Estimated construction advertisement in January 2017 • Estimated construction Notice To Proceed in May 2017 • Estimated substantial completion November 2018 is March 1, 2016 24 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) al) 3-344 Police Fourth Pr• ecinct Replacement Y tta • G7 MEP .ALL • 17,000 SF replacement of the existing facility • Estimated construction advertisement in September 2016 • Estimated construction Notice To Proceed in December 2016 • Estimated substantial completion in January 2018 15 ', Y,` 3-519 Chesapeake Bay Aquarium Renovation !I� • Refurbishment and repairs to the 40,000 gallon aquarium exhibit • Construction packages will be provided to contractors in March 2016 • Estimated construction Notice To Proceed in August 2016 • Estimated construction completion in May 2017 16 March 1, 2016 25 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) 3-006 Coastal Conservation& Outdoor Adventure Park • I t ` • Collaborative approach with an outside vendor,VA Aquarium,and the VA Aquarium Foundation • Adventure Park includes rope ladders,zip lines and rope course • Coastal Conservation Garden and Conservation Learning Area/Demonstration Garden plans in final design • Planned construction advertisement in spring of 2016 • Estimated construction Notice To Proceed in summer of 2016 • Estimated construction completion In winter 2016/spring 2017 3-028 Aquarium Marsh Pavilion Enhancements •• Design in progress • Renovates the existing Marsh Pavilion—South Building • Provides new revolving exhibits,theater enhancements,feature exhibit gallery,ticketing area,lobby and gift shop renovations • Estimated construction advertisement in summer 2017 • Estimated construction Notice To Proceed in late fall 2017 • Estimated construction completion in spring 2019 � s March 1, 2016 26 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) (Z) 3-074 Aquarium Veterinary Care Center • #ti .00 " 14, • Design in progress • Provides a veterinary clinic addition to the existing structure • Designing in conjunction with the Marsh Pavilion project • Construction funding to be requested in FY19 • Estimated construction advertisement in summer,2018 • Estimated construction Notice To Proceed in winter 2018 • Estimated construction completion in summer 2020 19 3-019 Adam Thoroughgood House Visitors Center III ' *Pro'von • New 3,000 SF Visitor's Center • Provides improved visitor parking,ADA accessible paths,and improves the environmental conditions inside the historic home • Construction Notice To Proceed issued February 1,2016 • Construction contract completion date is January 31,2017 20 March 1, 2016 27 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) 3-025 Building 2-Electrical Upgrade ^ tea • Project will provide panel upgrades and replacements to improve the electrical power infrastructure in the Operations Building • The work will require the removal and replacement of the main switchgear • Design and construction funding to be requested in FY18 t4 ' 3-523 Correctional Center Master Control U rades I l • Provides upgrades to the existing Sheriff's Office Master Control Center • Work includes new video surveillance systems with live viewing and recording,access controls,employee tracking within the facility,intercom and communications upgrades • Requires seamless transition from old systems to new systems • Design phase in progress for the video surveillance work • Opportunities with state and national contracts being explored March 1, 2016 28 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) 3-065 Central Plant Generator • Provides an emergency generator for the Central Heat Plant to provide hot and chilled water within the municipal complex during Dominion Virginia Power service interruptions • Design and construction funding to be requested in FY18 3 3-072 City Hall Planning and Concept Development (Newly Requested Project) • • Requesting$250K in FY17 to conduct a planning and concept development study • Plan to select AE design/planning firm and commence study in summer 2016 — Development of the Basis of Design Program(space requirements&adjacencies) — Assessment of Renovation vs.New Construction(Municipal Center/Town Center) — Preparation of schematic documents — Preparation of programmatic cost estimates and schedules • Need requirements data and consultant expertise to clearly articulate the costs of renovation(with temporary facilities)and new construction options,to include design,FF&E,relocation and contingencies • Current estimates for 140,000 SF of new construction($44M Municipal Center, $48.6M Town Center)need to be revisited once Basis of Design Program is done • Complete study by summer 2017 to facilitate policy discussions,public input and programming for FY19 budget submission I ' March 1, 2016 I II i' 29 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) BLD15-04 Fire/EMS Station, Burton Station (Newly Requested Project) • 44,0, , • New 14,260 SF facility(9,363 Office/Living Space and 4,897 for the Apparatus Bay) • Three-bay station similar to Chesapeake Beach-Station 4 • Needs 3.75 to 4.25 acre site • Houses Fire and Emergency Medical Services personnel and equipment • Reduces response time to homes and business in the area • A&E selection late July 2016 5 (4, BLD15-16 Commonwealth Attorney Building Renovations (Newly Requested Project) i le le ..t. - • Renovations to existing space in the basement of the Judicial Center Building 10 (former cafeteria-industrial/commercial kitchen) • The space will enable the Commonwealth Attorney to bring on 13 new staff; 7 attorneys,4 paralegals,and 2 administrative support,needed to support the VBPD Body Camera Program • Design begins summer 2016 March 1, 2016 1 30 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) There are a number of programs, other than facilities, within the CIP: k4: 4 /ii Programs,Other-Than-Facilities,in Facilities CIP Project '..Total Project Project Start Cost FY 17 and End Funding Dates 3-133 Fire Training Center Improvements Ill $ 5,339,770 $ 665,427 7/08 to 6/22 34$8 varl#uf R g ,",,, $$090$001 $'.) '; to i/22 3-047 Landfill#2 Phase 1 Capping $15,435,000 $ 983,122 4/11 to 9/20 $049901C.86 4$1 .411000W $ 7/89mwu 3-057 Self-Contained Breathing Apparatus Replacement $ 3,815,800 $ 0 7/14 to 12/16 $$$$H$31$04011190$$$$$$$$$F300 Grants ` -5 428000 $ 0 7/140$$/$$ 3-147 Historic Property Acquisition Revolving Fund $ 200,000 $ 0 7/9 to 6/17 7 teF. lA., Current Requirements for 1 Future Funding Consideration City Hall Renovation or Replacement $52M Judicial Center Escalator Replacement $4.1M Public Safety Building Renovation $11.5M Stormwater Facility Replacement(PW side) $9.6M Beach Maintenance Facility Replacement $22.1M Parks and Rec Construction Yard Relocation $7.6M Euclid Yard Facility Replacement $9.0M Corrections Center Improvements and Emergency Generator $12.9M EOC Enhancements and Support Facility $7.3M Voter Registrar Facility $7.2M Law Enforcement Training Academy Replacement $33.4M Fire-Resource Management Facility $12.9M Continued on next page... s March 1, 2016 31 CITY MANAGER'S BRIEFINGS CAPITAL IMPROVEMENT PROGRAM(CIP) BUILDINGS ITEM#65699 (Continued) i Current Requirements for Future Funding Consideration EMS Station Landstown Area $2.9M Fire/EMS Station-PA Commons/TCC $8.0M Police Fifth Precinct-New Facility $15.9M EMS Headquarters $5.5M Firearms Training Unit Range Facility $9.5M Corrections Center Canopy $1.2M Fire/EMS Station-Indian River/ITA $8.OM Fire/EMS Station-North End $8.0M ' Fire/EMS Station CCTV&Door Access $625K Central Library Renovations $2.7M Closing Thoughts . . . • Robust funding of the maintenance CIPs is resulting in a noticeable reduction in the backlog of maintenance and repair. We are grateful for Council's continued support. • The CIP stand-alone projects are addressing operational deficiencies and are enabling City departments and agencies to expand or provide exciting new services. • As our facilities inventory ages,we'll need to collectively address the best way to renovate,replace or consolidate key facilities within our resource constraints. Acting Mayor Jones thanked Ms. Nicholas and the entire Public Works Facilities Team for their continued work. March 1, 2016 1 11 32 CITY COUNCIL'S LIAISON REPORTS ITEM#65700 5:27P.M. Council Lady Ross-Hammond advised the Library Board is looking to begin a pilot program to help with filling the gap with GED. March 1, 2016 33 CITY COUNCIL'S LIAISON REPORTS ITEM#65701 (Continued) Council Lady Ross-Hammond advised the Human Services Staff met with the Sheriff to discuss the MHSA Forensic and Diversion Services and Programs with ways to enhance collaboration within the Departments. Human Services Staff also met with EVMS which was coordinated by Mayor Sessoms. In addition to the Human Services Staff, the Mayor and Deputy City Manager Cindy Curtis attended the meeting. They will be recruiting Psychiatrist for open Human Services Department positions and identify ways the City and EVMS can work together. March 1, 2016 I I 34 CITY COUNCIL'S LIAISON REPORTS ITEM#65702 (Continued) Council Lady Kane advised the Human Rights Commission held their annual Strategic Planning Retreat to plan their future and how to best represent the populations within the City. March 1, 2016 35 CITY COUNCIL'S LIAISON REPORTS ITEM#65703 (Continued) Councilman Moss advised the Deferred Compensation Board met last Friday. The meeting was productive and an education campaign will begin soon to increase the number of participants. March 1, 2016 36 CITY COUNCIL'S LIAISON REPORTS ITEM#65704 (Continued) Councilman Davenport advised the MEDAC met last week. Matt Arvay, Director— COMIT, presented information on Broadband and the possibility of Transoceanic Crossing. The members were extremely engaged and are excited about the prospect. March 1, 2016 37 CITY COUNCIL'S LIAISON REPORTS ITEM#65705 (Continued) Council Lady Henley advised the Green Ribbon Committee met last Thursday. The Committee is an outstanding group and are looking at a number of projects. Due to the time constraints, she will provide an update another day. March 1, 2016 38 CITY COUNCIL COMMENTS ITEM#65706 5:31 P.M. Councilman Dyer advised he will be placing a Resolution to consider a Referendum on Light Rail on the March 151h Agenda for consideration. His goal is to keep the Question very simple and basic. A copy of the proposed Resolution is attached and made a part of this record. March 1, 2016 REQUESTED BY COUNCILMEMBER DYER 1 A RESOLUTION REQUESTING THE CIRCUIT COURT TO 2 ORDER THAT A REFERENDUM ELECTION BE HELD ON 3 NOVEMBER 8, 2016 ON THE QUESTION OF WHETHER 4 THE CITY COUNCIL SHOULD ADOPT AN ORDINANCE 5 APPROVING THE EXPANSION OF THE TIDE LIGHT RAIL 6 SYSTEM INTO THE CITY OF VIRGINIA BEACH 7 8 WHEREAS, City Charter § 3.05(f) authorizes City Council "[t]o provide for the 9 submission of any proposed ordinance to the qualified voters of the city at an advisory 10 referendum to be initiated by a resolution to the circuit court of the city and held . . . in 11 the manner provided for by law for general elections"; and 12 13 WHEREAS, it is the sense of City Council that a r-A - ndum election should be 14 held during the November 8, 2016 general election toy c , •ublic input regarding 15 whether The Tide Light Rail System should be expand-4 nto i n , Beach. 16 « � 17 NOW, THEREFORE, BE IT RESOLVED TH ' CITY COU t,L, OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: Atik19 20 1. That, pursuant to § 3.05(f) of the C - sje ity of Virgi r a Beach, the 21 Circuit Court of the City of Virginia Beach is hereby * -sted to order an election to be 22 conducted in accordance with Cod „. Virginia §§ 24:4:A. and 24.2-684 and held on 23 November 8, 2016 to take the sense t „,ualified vote N. heCity on the question of 24 whether the City Council should ado a' ! nce appr• •a the expansion of The 25 Tide light rail system into the City of Vir•'` is Be� 2649 11, � o«« 27 2. That the • o appear rijr e ballot all read as follows: 28m� 29 Should th- ounce adopt an or; ce approving the expansion 30 of The Tide lig it s into the ffi y of Virginia Beach? 31 32 $��. No 33 34 That the AttonSlies hereby directed to file a certified copy of this 35 resoluti• song with an 1ropri.. - petition and order, with the Circuit Court of the City 36 of Virginia «;; h for such election to be held on November 8, 2016. Adopted"M, e Ci,:r Council of the City of Virginia Beach, Virginia, this day of **:, he 2016. APPROVED AS TV EGAL SUFFICIENCY: City Attorney's Office CA13536/R-1/November 25, 2015 I I i 39 AGENDA REVIEW SESSION ITEM#65707 5:39 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTIONS 1. Resolution to DIRECT the City Manager to take no further actions until the City Council considers a proposed Memorandum of Understanding(MOU)for the Light Rail project 2. Ordinance to AUTHORIZE the acceptance of a DEDICATION from Michael A. and Deborah A. Hillier of a variable width drainage easement over property at 3025 Lynnhaven Drive 3. Ordinance to AUTHORIZE temporary encroachments: a. Into a portion of City property known as Lake Wesley at the rear of 516 Southside Road re two (2)piers and other improvements DISTRICT 6—BEACH b. Into a portion of the City owned lake at the rear of 5561 Westward Drive re a rip rap DISTRICT 2—KEMPSVILLE 4. Ordinance to ACCEPT and APPROPRIATE$485,619 in excess State Aid to Localities revenue to the Fire Training Center Improvement Phase III 5. Ordinance to ACCEPT and APPROPRIATE$250,000 from the Virginia Aquarium Foundation to the Chesapeake Bay Aquarium renovations 6. Ordinance to ACCEPT and APPROPRIATE a$102,000 Grant for the Hazardous Materials Team ITEM#1 WILL BE CONSIDERED SEPARATELY March 1, 2016 1 11 40 AGENDA REVIEW SESSION ITEM#65707 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L PLANNING 1. Applications for Street Closure of an unimproved alley in Croatan Beach DISTRICT 6—BEACH.• a. CHARLES R. and BONNIE K.DOMAN at the rear of 508 Vanderbilt Avenue b.AMY R.SLAGLE at the rear of 829 South Atlantic Avenue 2. STEPHEN and ADEN MURRAY for a Conditional Use Permit re residential kennel at 5227 Lake Shores Road DISTRICT 4—BAYSIDE 3. HEADGEAR II,LLC and GHS II,LLC for a Conditional Use Permit re bulk storage at 3409 Chandler Creek Road DISTRICT 3—ROSE HALL 4. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION(VBCDC)for a Conditional Use Permit re assembly use at 5865 Pickering Street DISTRICT 2— KEMPSVILLE 5. ROBERT J. IANUCCI for a Conditional Use Permit re a home occupation-firearm sales at 1305 Willowood Lane DISTRICT 5—LYNNHAVEN 6. STEVE'S MOBILE TRUCK REPAIR/NEWTOWN THURSTON LLC for a Conditional Use Permit re automobile repair at 5900 Thurston Avenue DISTRICT 4— BAYSIDE 7. McDONALD GARDEN MARKET,LLC/BRANCH BANKING AND TRUST COMPANY for a Conditional Use Permit re an open air market at 3112 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE ON CONSENT FOR WITHDRAWAL March 1, 2016 41 ITEM#65708 Acting Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • Dark Fiber Agreement PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Beach District • Beach District • Beach District • Beach District PERSONNEL MATTERS: Discussion, consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees March 1, 2016 42 ITEM#65708 (Continued) Upon motion by Councilman Dyer, seconded by Council Lady Kane, City Council voted to proceed into CLOSED SESSION at 5:44 P.M. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. (Closed Session 5:44 P.M. - 5:57 P.M.) March 1, 2016 43 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 1, 2016 6:00 P.M. Acting Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, March 1, 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,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms, Jr. Family Vacation INVOCATION: Reverend Harry W. Griffith, Pastor Our Saviour Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 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. March 1, 2016 44 Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire Hathaway Home Services Town Realty ("Berkshire Hathaway"), which was formerly known as Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record. Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's letter of June 2, 2015, is hereby made a part of the record. March 1, 2016 45 Item—VI-E CERTIFICATION ITEM#65709 Upon motion by Councilman Moss, seconded by Councilman Dyer, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: M Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. March 1, 2016 1 II 444 3t4c Ok . ,vim/- ''• `i +" = 1 * AL . : * S Of OUR N.,,-.0 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#65708 Page 42 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard,discussed or considered by Virginia Beach City Council. 0 , Ru Hodges Frase,MMC City Clerk March 1,2016 46 Item-VI-F MINUTES ITEM#65710 Upon motion by Councilman Dyer, seconded by Council Lady Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS February 16,2016. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. March 1, 2016 ' II 47 ADOPT AGENDA FOR FORMAL SESSION ITEM#65711 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 1, 2016 48 Item- VI-H ORDINANCES/RESOLUTIONS ITEM#65712 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY CONSENT:Agenda Items 2, 3a/b, 4, 5 and 6. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. March 1, 2016 49 Item -VI-H.1 ORDINANCES/RESOLUTIONS ITEM#65713 A motion was made by Councilman Moss to ADOPT a Resolution to DIRECT the City Manager to take no further action until the City Council considers a proposed Memorandum of Understanding(MOU)for the Light Rail project. The MOTION FAILED for lack of a Second. March 1, 2016 1 11 50 Item-VI-H.2 ORDINANCES/RESOLUTIONS ITEM#65714 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acceptance of a DEDICATION from Michael A. and Deborah A. Hillier of a variable width drainage easement over property at 3025 Lynnhaven Drive 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 Absent: Mayor William D. Sessoms,Jr. March 1, 2016 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DEDICATION FROM 3 MICHAEL A. HILLIER AND DEBORAH A. 4 HILLIER OF A 244 SQ. FT. (0.006 ACRE) 5 VARIABLE WIDTH DRAINAGE EASEMENT 6 OVER PROPERTY LOCATED AT 3025 7 LYNNHAVEN DRIVE (GPIN: 1499-18-2472) 8 9 WHEREAS, the City of Virginia Beach Public Works Operations Department 10 desires to improve stormwater drainage in the Lynnhaven Colony neighborhood; 11 12 WHEREAS, the Basin Road Drainage Improvements Project (CIP 7-416.029) 13 was established to provide drainage relief for the area of Basin Road near the 14 intersection with Lynnhaven Drive. This project will provide two storm drop inlets, storm 15 pipe and a proposed outfall pipe to be located at 3025 Lynnhaven Drive (the "Property"). 16 The new structures, storm pipe and outfall pipe will follow the existing right-of-way and 17 the proposed additional 244 sq. ft. public drainage easement (the "Easement") to an 18 outlet into Long Creek. 19 20 WHEREAS, Michael A. Hillier and Deborah A. Hillier (the "Hilliers") own the 21 Property over which the Easement is to be located, as shown on the plats attached as 22 Exhibit A and made a part hereof; and 23 24 WHEREAS, the Hilliers have agreed to dedicate the Easement over the Property 25 to the City in order to address the stormwater issues in the area. 26 27 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 28 VIRGINIA: 29 30 1. That the City Council authorizes the acceptance of the dedication of the 31 Easement by the Hilliers to the City of Virginia Beach. 32 33 2. That the City Manager or his designee is further authorized to execute all 34 documents that may be necessary or appropriate in connection with accepting the 35 dedication of the Easement, and including such terms and conditions as may be 36 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day 39 of March , 2016. CA 13470 R-1 PREPARED: 2/15/16 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d014\p021\00259815.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 111&' - I - �1 t,A1 P :LIC WORKS, REAL ESTAT CITY A •RNEY Z. 1(9' lv , 1 La , • .1..0 . . . -o . . . W '. To Ilk— z co ,sot ' W -c 'Mr • ' 2 -I i N r•-• Z I il co LLI . v WI Cl ) r g ,.... $ tx i ..,..„, 4 t,,,...,. w N U— 0 to ul 2 ui li., . _ til I 1-,',, a. 0 Ull ,.., t•• 0 C3'....t ......, 0, iliz kil) - o ILI E Z ir. - . 0 (I) • •).1 zo §1 -I , I 1Z < (*) 0 g a , a. I a , IL 0 U - . 0 — k .... . .. 0 (s'ill-TtariVi , 00' S f' i • - ft ,..... , ,...., ' .. ........,,,, 0 ... . g . _ I ., ! ,. ca , 0 i.. „ ,•! , ? -, 4„ al 11 1 #. '. ilit . •- • — 0 0 - • a ' .•. ' • •• , .. * • 4 I . ,. , , -,. . L V) ' ' ' . ' '',-•' i ' ', ' '' gi ,, , Pl, -. .,.... . e , --, ' --..•• W j .' •• 0-- . . .. -.,•„•:. . •. ! .':••4 1 ' i cc .1 . >. ll ' .• p- . . . .0 ii,f,,'' e ... . , 10 .1 .. g . 1 -. . • . A , i, ., . • CL �14GOA•BF,I0$ t City of Virgiriia I leacia c OUR 5 Op AZION 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 In Reply Refer to 0057466 wsessoms@vbgov.corn March 8, 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 March 2, 2016 discussion and vote on an ordinance to authorize dedication from Michael A. and Deborah A. Hillier of a 244 square foot variable width drainage easement over property located at 3025 Lynnhaven Drive. 2. I have a personal interest in TowneBank, which is located at 600 22' Street in Virginia Beach. 3. The applicant has disclosed that TowneBank provides financial services with respect to this application. I was absent from the March 1, 2016 Council meeting, but if I had been present, I would have abstained. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- March 8, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, illiam D. Sessoms Mayor WDS/RRI 1 II 51 Item-VI-H.3a ORDINANCES/RESOLUTIONS ITEM#6571 5 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments: a. Into a portion of a City property known as Lake Wesley at the rear of 516 Southside Road re two (2)piers and other improvements (GPIN 2426199955)DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into a portion of a City property known as Lake Wesley at the rear of 516 Southside Road re two (2)piers and other improvements (GPIN 2426199955)DISTRICT 6—BEACH The following conditions shall be required: 1. Nothing within the Agreement shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. Grantee shall bear all costs and expenses of such removal. 2. It is further expressly understood and agreed that the piers may not be used as a commercial Marina and the use of such piers as a commercial Marina shall, in addition to all other remedies provided by law, result in the permission provided by this Agreement terminating immediately without notice required. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. March 1, 2016 52 Item -VI-H.3a ORDINANCES/RESOLUTIONS ITEM#65715 (Continued) 7. It is further expressly understood and agreed that in lieu of the establishment and maintenance of a Riparian Buffer, which would be a minimum of fifteen (1 5)feet in width landward from the shoreline, would run the entire length of the shoreline and would consist of a mulched planting bed and contain a mixture of shrubs and perennial plants, the Grantee shall make a contribution in the amount of$1,560.00 to the City's Living Shorelines Restoration Program Fund. Said Fund is administered by the Environment and Sustainability Office of the Department of Planning and Community Development. Said funds shall be utilized solely for activities on public properties which support the restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City adjoining its inland waterways, including tree planting, tree transplanting, tree protection or similar related activities which are directly related to restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City. 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 9. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 10. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor and/or "As Built" Plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. March 1, 2016 I I I 53 Item-VI-H.3a ORDINANCES/RESOLUTIONS ITEM#6571 5 (Continued) This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of March, 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 Absent: Mayor William D. Sessoms,Jr. March 1, 2016 II 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE WESLEY, LOCATED 7 AT THE REAR OF 516 SOUTHSIDE 8 ROAD 9 10 WHEREAS, Casbar Holdings I, L.L.C. (the "Applicant") desires to construct and 11 maintain two (2) floating wood piers (8' x 77' and 8' x 44'), two (2) boat lifts (12' x 12'), 12 and two ramps (4' x 26') upon a portion of City property known as Lake Wesley, and to 13 maintain an existing PVC bulkhead and a 4' wire fence in the 5' Drainage Easement 14 (M.B. 26, P. 57) and the 10' Drainage Easement (Instrument Number 15 20131015001228920) located at the rear of 516 Southside Road, in the City of Virginia 16 Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§15.2-2009 26 and 15.2-2107, Code of Virginia, 1950, as amended, Casbar Holdings I, L.L.C., its heirs, 27 assigns and successors in title are authorized to construct and maintain two (2) floating 28 wood piers (8' x 77' and 8' x 44'), two (2) boat lifts (12' x 12'), and two ramps (4' x 26') 29 upon a portion of City property known as Lake Wesley; and to maintain an existing PVC 30 bulkhead and a 4' wire fence in the 5' Drainage Easement (M.B. 26, P. 57) and 10' 31 Drainage Easement (Instrument Number 20131015001228920), as shown on the map 32 marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING 33 BULKHEAD, RAMPS, FLOATING WOOD DOCKS & BOAT LIFTS LOCATED IN LAKE 34 WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH FOR CASBAR HOLDINGS, I, 35 L.L.C.," a copy of which is on file in the Department of Public Works and attached to the 36 Agreement (defined below) as Exhibit A, to which reference is made for a more 37 particular description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and Casbar Holdings I, L.L.C. (the "Agreement"), which is 42 attached hereto and incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 11 47 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 48 time as it has been executed on behalf of Casbar Holdings I, L.L.C. and the City 49 Manager or his authorized designee. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day 52 of March , 2016. CA-12578 R-1 PREPARED: 2/19/16 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Ser B' IC Ira S, REAL ESTATE DA► Or'. 'A'T EYER, SSOCIATE CITY ATTORNEY CA13454 R-1 February 19, 2016 I I I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this IN`l' day of Fe bru i , 201 (42, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CASBAR HOLDINGS 1, L.L.C., a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B-4" as shown on that certain plat entitled: "PLAT OF LOTS B-1 TO B-4 RUDEE HEIGHTS, PRINCESS ANNE COUNTY, VIRGINIA," Scale 1"=100', prepared by S.W. Armistead, E.E., dated October 1954, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 29, and being further designated, known, and described as 516 Southside Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain two (2) floating wood piers (8' x 77' and 8' x 44'), two (2) boat lifts (12' x 12'), and two ramps (4' x 26'); and to maintain an existing PVC bulkhead and 4' wire fence in the 5' Drainage Easement (M.B. 26, P. 57) and the 10' Drainage Easement (Instrument Number 20131015001228920), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2427-20-7891 (LAKE WESLEY) GPIN: 2426-19-9955 (516 SOUTHSIDE ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING BULKHEAD, RAMPS, FLOATING WOOD DOCKS & BOAT LIFTS LOCATED IN LAKE WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH FOR CASBAR HOLDINGS, I, L.L.C." a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 i II It is further expressly understood and agreed that the piers may not be used as a commercial marina, and the use of such piers as a commercial marina shall, in addition to all other remedies provided by law, result in the permission provided by this agreement terminating immediately without notice required. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that in lieu of the establishment and maintenance of a riparian buffer, which would be a minimum of 15 feet in width landward from the shoreline, would run the entire length of.the shoreline, 3 and would consist of a mulched planting bed and contain a mixture of shrubs and perennial plants, the Grantee shall make a contribution in the amount of $1,560.00 to the City's Living Shorelines Restoration Program Fund. Said fund is administered by the Environment and Sustainability Office of the Department of Planning and Community Development. Said funds shall be utilized solely for activities on public properties which support the restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City adjoining its inland waterways, including tree planting, tree transplanting, tree protection, or similar related activities which are directly related to restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 4 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said CASBAR HOLDINGS I, L.L.C., a Virginia limited liability company, has caused this Agreement to be executed by its Managing Member, W. Cason Barco, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 CASBAR HOLDINGS I, L.L.C., a Virginia limited liability company (hi By: 1/ (SEAL) W. Cason Barco, Managing Member STATE OF 4.41V. OUNTY OF v n i n ia.,. , to-wit: The foregoing instrument was acknowledged before me this t-144—' day of F.brwxr1 , 20“-e, by W. Cason Barco, Managing Member o otGASSAG,,,� *NI\ .Cpp HOLDINGS I, L.L.C., a Virginia limited liability company. Nt^� -5" i° (SEAL) Notary Public T?. Notary Registration Number: a-' 9( �f%,,9� Y .• '�` My Commission Expires: 513.119 •41 t APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 111)17/ • . H RMEYER, ASSOCIATE CITY ATTORNEY =PZ// DATE PUBLIC WORKS/REAL ESTATE DEPARTMENT I DIVISION 7 I LAKE WESLEY �.ALTH 0,, y (M.B. 26 P. 57) p� 1,,� GPIN: 2427-20-7891 `to c DA n.*.fin `�' ......, 8'x77' 7 — EDGE OF CITY 38395 12x12' FLOATING 93 b MAINTAINED CHANNEL 2r1 t'cv� BOAT WOOD PIER N'-cV �� (SCALED) 'IA G� LIFT �`` 12'x12' w 8'x44' ZONAL -N BOAT FLOATING S 26'15'23" W NOTES: s ' UFT �r4 WOOD PIER 111.65 �� ;��s, _, ,�► (M.B. 196 P. 2) 1. IMPROVEMENTS SHOWN 9 S , - SEAWARD OF AND INCLUDING \,96�'6' ly a0_ —— THE BULKHEAD ARE PROPOSED. 2J `` _ \ 2. THIS PLAN WAS COMPILED FROM 11s ��., \ VARIOUS DEEDS & PLATS OF RECORD. moo•- \ RAMP ` 4'x26' \��,\ J, NO FIELD WORK WAS PERFORMED. •co 1\ RAMP yy�.\\\ �� \ ,. \ ) ' NOW OR FORMERLY '529. LOT B-3 PVC CASBAR HOLDINGS, I, LLC. �`- \\ 4- M.B. 26 P. 57 BULKHEAD •'!'e`•;` I.N. 20131023001258860 \.. N:\• RAP M.B. 200 P. 114 4' :, LOT B-4 \ GPIN: 2426-19-8779 WIRE \ M.B. 26 P. 57, M.B. 37 P. 29 �' �` 4' FENCE k3.1 \ \ D.B. 2246 P. 852-855 \ METAL `o, \ GPIN: 2426-19-9955 \\ "FENCE n 10' DRAINAGE \ 7.,6' •r- EASEMENT \ 'ti y,, 0 \ \ I.N. 20131015001228920 \ �y 5' DRAINAGE \ �, (PLAT) '<PI EASEMENT �• N EX. 1 STORY P \ /� (M.B. 26, P. 57) \ \�- RESIDENCE E -�� I I ��\ 6,0 5' DRAINAGE DRIVEWAY • EASEMENT LOT 5B \ \ i1�J \ J (M.B. 26, P. 57) M.B. 26 P. 57 \ M.B. 192 P. 51 \ \ GPIN: \ 2427-10-9095 \` \1 201.41'(D.B. 2246 P. 852-855) 215.00'(M.B. 26 P. 57) \\ PINI 254.82' TO CENTERLINE N 35'24'00" EF1 PAVEMENT OF GRACE ST. SOUTHSIDE ROAD (50' R/W) EXHIBIT A ENCROACHMENT PLAT SHOWING BULKHEAD, RAMPS, FLOATING WOOD DOCKS & BOAT LIFTS LOCATED IN LAKE WESLEY, PROPERTY OF CITY OF VIRGINIA BEACH FOR CASBAR HOLDINGS, I, L.L.C. SCALE: 1" = 40' VIRGINIA BEACH, VIRGINIA NOVEMBER 25, 2014 REVISED DECEMBER 3, 2015 1) GALLUP REVISED DECEMBER 8, 2015 SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD G:\12-109-2 encr exhibit.dwg VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 \\server\drawings\12\12-109-2 eno exhIbitdwg,12/8/2015 1:03:02 PM,1:40,IC f / aii / 1 11 Q . po w f� F ``, /\ 'fit e, V �1 T� a w i s / it „... , , , . , ......„,.... ,.... ip r, 1n Mil r�- b s m; j /I / a N - / /, j i fir . 1 _j �z t 71 Y' O 171r� o A 0 z 8 13 ° °vo i Y Pia 0 ;n n _ 111%4 pill%. j " 1:in O � 2C 3c C7a .4 brnc, � n74Zrn w8 el00 0 so 54 Item-VI-H.3b ORDINANCES/RESOLUTIONS ITEM#65716 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments: b. Into a portion of the City owned lake at the rear of 5561 Westward Drive re a rip rap (GPIN 1466016810)DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance to AUTHORIZE a temporary encroachment into a portion of a City owned lake at the rear of 5561 Westward Drive re a rip rap (GPIN 1466016810)DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. Nothing within the Agreement shall prohibit the City from immediately removing or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. Grantee shall bear all costs and expenses of such removal. 2. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee. The Grantee will bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Grantee must execute, maintain and have on file with the Department of Planning a License Agency Agreement with Howard E. Brooks and Mary B. Brooks, property owners of 5557 Westward Drive, prior to commencing any construction within the Encroachment Area (the "License Agency Agreement"). A copy of the License Agency Agreement is attached hereto as Exhibit "B". 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees,from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. March 1, 2016 55 Item -VI-H.3b ORDINANCES/RESOLUTIONS ITEM#65716 (Continued) 7. It is further expressly understood and agreed that the Grantee shall make a Six Hundred Thirty and 00/100 Dollars ($630.00)payment,payable to the City Treasurer, to the Department of Planning as compensation for the typically required fifteen (15) foot wide Riparian Buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 8. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00,per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 9. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 10. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00)per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. March 1, 2016 56 Item-VI-H.31) ORDINANCES/RESOLUTIONS ITEM#65716 (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 Absent: Mayor William D. Sessoms,Jr. March 1, 2016 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY-OWNED 6 LAKE LOCATED AT THE REAR OF 7 5561 WESTWARD DRIVE 8 9 WHEREAS, The Laws Revocable Living Trust (the "Applicant") desires to to construct and maintain of 108 linear feet of rip rap into a portion of a City-owned lake 11 located at the rear of 5561 Westward Drive (GPIN: 1466-01-6810); and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 15 City's property subject to such terms and conditions as Council may prescribe. 16 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§15.2-2009 21 and 15.2-2107, Code of Virginia, 1950, as amended, The Laws Revocable Living 22 Trust, its assigns and successors in title is authorized to construct and maintain 108 23 linear feet of rip rap into a portion of a City-owned lake as shown on the plat marked 24 Exhibit "A" and entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR 25 CHARLOTTE LAWS" dated May 18, 2015, prepared by Professional Consultant 26 Consultants, LLC, a copy of which is attached hereto as Exhibit "A", and is on file in 27 the Department of Public Works, to which reference is made for a more particular 28 description; and 29 30 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between 32 the City of Virginia Beach and The Laws Revocable Living Trust (the "Agreement"), 33 which is attached hereto and incorporated herein by reference; and 34 35 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 36 hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 39 time as The Laws Revocable Living Trust and the City Manager or his authorized 40 designee execute the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day 43 of March , 2016. CA13439 R-1 I PREPARED: 2/19/16 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM _144 ! 1 17- 0: LIC ORKS , `EAL ESTATE ANA ". 'RMEYER, ASSOCIATE CITY ATTORNEY AgPREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this t 8 day of V-e-`a�-u � , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, "Grantor" and "City", and THE LAWS REVOCABLE LIVING TRUST, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 101, Section One Homestead, Kempsville Borough"; as shown on that certain plat entitled: "SECTION ONE HOMESTEAD KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", dated December 19, 1963, prepared by Baldwin and Gregg Civil Engineers & Surveyors, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 60, at page 25, and being further designated, known, and described as 5561 Westward Drive, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to construct and maintain 108 linear feet of rip rap (the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a City-owned lake located at the rear of 5561 Westward Drive, Virginia Beach, Virginia 23464 (the "Encroachment Area"); and GPIN: 1466-11-0635 (City Property) GPIN: 1466-01-6810 (5561 Westward Drive) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" — ENCROACHMENT REQUEST FOR CHARLOTTE LAWS", dated May 18, 2015, prepared by Professional Consultant Consultants, LLC," a copy of which is attached hereto as Exhibit "A", to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee must execute and maintain and have on file with the Department of Planning a License Agency Agreement with Howard E. Brooks and Mary B. Brooks, property owners of 5557 Westward Drive, prior to commencing any construction within the Encroachment Area (the "License Agency Agreement"). A copy of the License Agency Agreement is attached hereto as Exhibit "B". It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the ' maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall make a Six Hundred Thirty and 00/100 Dollars ($630.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15- foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said 3 payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what 4 would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, The Laws Revocable Living Trust, the said Grantee, has caused this Agreement to be executed on its behalf. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Registration Number: My Commission Expires: 6 THE LAWS REVOCABLE LIVING TRUST By: C Charlotte A. Laws, Trustee STATE OF 1 .196 CITY/COUNTY OF ff_ 7i4,BEi[Cf(, to-wit: /ma The foregoing instrument was acknowledged before me this /49 •y day of re--$+QUA3 , 2016, by Charlotte A. Laws, Trustee of The Laws Revocable Living Trust. N. ary Publi 40.44110, My Registration Number: q-•16� MARTIN DA":''ERRYJR. My Commission Expires: Nev '4 /E Notary Public Commonwealth of Virginia 7364066 My Commission Expires Nov.30,2018 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 441; PUBLIC •RKS/ AL ESTATE • - - 7 x • OMAT FACE/CAP OF ~ 1, a EXIST:NG BULKHEAD d. s rsa o0.23 N/F CITY OF MRGINN REACH GPM 1466-I 1-0635 EX. BULKHEAD TO BE REMOVED :i • .' PROPOSED RIP RAP II: •, CVB PROPERLY ENcRoAcHEs 1.B' INTO PROPOSED 108 LF. WRAP ...� �-P '• .l TURF • OHW- .-i _.•�:'_. .04 - 0 rZ PROPOSED RIP RAP ENCROACHER 37.5' NOG tuAr n TURF TURF 0 N 89'36'00" W 95.00' '" PIN (F) 410 LOT 100 1$ y N/F C$P1OTTE WY5 1$ / gQ N: 1456-01-5727 8. N N 8. . X >f � ..E LOT 102 1 STORY BRICK ;4515F7 WESIWMD6R 5 • . /5561 6+6 GPIN: 14 -01-7729 _ o a' 8 .t 8 y�F,NO Hop Lor 101 5561 MESTMARO DRIVE 1 -.4 (711/1�2'r` . `coNc.. , DRIVE C151N: 1466-Ot-6610 JO ROW T. 8AR1LET( D tk. Na 15335 ` MAY f8, 20t5 �� N 89'36'00• w 96.00' 13 RN (F) o WESTWARD DRIVE �sSIONAL �'��\ 111 R-110 - 30' EXHIBIT `A" - ENCROACHMENT REQUEST ZONING: R-10 CHARLOTTE LAWS no+.a.Ku +.aloe +rr SAL CONSTRUCTION CONSULTANTS, LLC. mom ran T> 40.• Mt:ICK'ro`-uccor MAY 18, 2015 SHEET 1 OF 1 • EXHIBIT"B" LICENSE AGENCY AGREEMENT • WHEREAS,The Laws Revocable Living Trust(collectively hereinafter,the"Laws RLT"), must execute and maintain and have on file with the City of Virginia Beach a License Agency Agreement with Howard E. Brooks and Mary B.Brooks,property owner of 5557 Westward Drive(GPIN: 1466-01-7729),prior to commencing any construction within the Encroachment Area. • WHEREAS,The Laws Revocable Living Trust,has requested permission to construct and maintain a proposed 108' linear feet of Class 1 rip-rap revetment(the"Temporary Encroachment"), within the City's property known as GPIN: 1466-11-0635(the "Encroachment Agreement"). • NOW,THEREFORE, 1. We,Howard E. Brooks and Mary B.Brooks,the undersigned and property owners of 5557 Westward Drive hereby authorize the Laws Revocable Living Trust to make application to the City of Virginia Beach for the purpose of an encroachment for the above referenced property. 2. I further offer no objection to the Owner executing the Encroachment Agreement if the City of Virginia Beach grants approval for such Encroachment Agreement. 3. The building and maintenance of the proposed replacement bulkhead and removal deteriorated bulkhead and pier under any Encroachment Agreement issued by the City of Virginia Beach are to be made at the sole expense of The Laws Revocable Living Trust. 4. The Laws Revocable Living Trust shall be responsible for any liability on account of the Temporary Encroachments for the replacement bulkhead and removal deteriorated bulkhead and pier. The Laws Revocable Living Trust f By T�-c tc`c G x Date Charlotte A. Laws,Trustee By ods_c lt� j(b ice:N e L Date l �.- l - 15 Name&Title By (4 J Date Ic, Howard E. Brooks a !� By Date Mary B. Brooks 0,3 lu+1 2 �� ' 1/4 � • t � � 11ii•M• 110 _ iii +v .- DDR STy��t ---''''All G _ 1 t a;,-:-T _ _ _ '"-' -''- ,, \ -' ''' 7:\ -W,`, ,,,,,,-',,'1'. 1,.—.— i ..„ $,,, ,,•,, „, ,..., 1 4 _ _ ,_ .,,„, • - ,- t , •••.:".•:::::.:....fe.;\ ♦1 t. Wit.• .':«: :•M•: �� ▪ •:'y�: i�•pp• Vit•• � .moi ••. •• ••t::•:•-:, �y.�•�•. ••`i•::•: :•1.'ii.• ,y .'i;}: 2i•.�.•.•;:• •aid:__.. sr LOCATION MAP 1 ' ENCROACHMENT REQUEST FOR OWNER THE LAWS REVOCABLE LIVING TRUST 5561 WESTWARD DRIVE 3_ -4 GNN 1466-014810 city MMNos `u, 0 50 100 200 :; • ., Fs =: 10. • r1 . }' w Ph a ;�,' o � 'it; arz F x ' 57 Item-VI-H.4 ORDINANCES/RESOLUTIONS ITEM#65717 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$485,619 in excess State Aid to Localities revenue to the Fire Training Center Improvement Phase III 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 Absent: Mayor William D. Sessoms,Jr. March 1, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 REVENUE TO CAPITAL PROJECT 3-133, FIRE TRAINING 3 CENTER IMPROVEMENT PHASE III 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $485,619 is hereby accepted from the Virginia Department of Fire Programs 9 and appropriated, with estimated state revenue increased accordingly, to Capital Project 10 # 3-133 Fire Training Center Improvements— Phase III. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day of March , 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: ti��uJ t Management Services Cit e ey •ffite CA13572 R-1 February 17, 2016 58 Item -VI-H.5 ORDINANCES/RESOLUTIONS ITEM#65718 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $250,000 from the Virginia Aquarium Foundation to the Chesapeake Bay Aquarium renovations 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 Absent: Mayor William D. Sessoms,Jr. March 1, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $250,000 FROM THE VIRGINIA AQUARIUM FOUNDATION 3 TO CIP 3-519, CHESAPEAKE BAY AQUARIUM 4 RENOVATIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $250,000 is hereby accepted and appropriated, with donation revenue 10 increased accordingly, to CIP 3-519 "Chesapeake Bay Aquarium Renovations" to 11 further enhance the planned exhibits and improve the overall guest experience. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the is tday of 14 March , 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: CV-LAi f>2-,?63-"\ Management Services Cit my Office CA13573 R-1 February 17, 2016 59 Item -VI-H.6 ORDINANCES/RESOLUTIONS ITEM#65719 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE a $102,000 Grant for the Hazardous Materials Team 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 Absent: Mayor William D. Sessoms,Jr. March 1, 2016 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR THE HAZARDOUS MATERIALS 3 TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $102,000 from the United States Department of Homeland Security is 9 hereby accepted and appropriated, with federal revenues increased accordingly, to FY 10 2015-16 Operating Budget of the Fire Department for the purpose of purchasing 11 equipment to improve the Hazardous Materials Team's ability to identify unknown 12 substances. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1st day 15 of March , 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: Management Services City Atto ffi CA13571 R-1 February 17, 2016 60 Item—VI-I PLANNING ITEM#65720 1. a. CHARLES R. and BONNIE K.DOMAM STREET CLOSURE 1. b. AMY R. SLAGLE STREET CLOSURE 2. STEPHEN and ADEN MURRAY CONDITIONAL USE PERMIT 3. HEADGEAR II,LLC and GHS II,LLC CONDITONAL USE PERMIT 4. VIRGINIA BEACH COMMUNITY CONDITIONAL USE PERMIT DEVELOPMENT CORPORATION 5. ROBERT J.IANUCCI CONDITIONAL USE PERMIT 6. STEVE'S MOBILE TRUCK REPAIR/ CONDITIONAL USE PERMIT NEWTON THURSTON LLC 7.McDONALD GARDEN MARKET,LLC CONDITIONAL USE PERMIT BRACH BANKING AND TRUST COMPANY ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSENT FOR WITHDRAWAL March 1, 2016 61 Item -VI-I PLANNING ITEM#65721 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council APPROVED, BY CONSENT:Items la/b,2,3, 5(WITHDRAWAL), 6 and 7 of the PLANNING AGENDA. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor William D. Sessoms,Jr. March 1, 2016 I I i 62 Item—VI-I.1 a PLANNING ITEM#65722 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council APPROVED and CONDITIONED, BY CONSENT: Application for Street Closure of an unimproved alley in Croatan Beach DISTRICT 6—BEACH: a. CHARLES R. and BONNIE K. DOMAN at the rear of 508 Vanderbilt Avenue BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application for Street Closure of an unimproved alley in Croatan Beach DISTRICT 6—BEACH: a. CHARLES R. and BONNIE K. DOMAN at the rear of 508 Vanderbilt Avenue (GPIN 2426394605) The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a Public Drainage Easement and the dedication of a Public Utility Easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the Department of Public Utilities, respectively and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1)year of the City Council approval, said approval shall be considered null and void. 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 First day of March, Two Thousand Sixteen. March 1, 2016 I I I 63 Item—VI-I.1 PLANNING ITEM#65722 (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 Absent: William D. Sessoms, Jr. March 1, 2016 1 ORDINANCE APPROVING APPLICATION 2 OF CHARLES R. AND BONNIE K. DOMAN 3 FOR THE CLOSURE OF ONE-HALF OF AN 4 UNIMPROVED, UNNAMED ALLEY AT THE 5 REAR OF 508 VANDERBILT AVENUE IN 6 CROATAN 7 8 WHEREAS, Charles R. and Bonnie K. Doman (collectively, the "Applicant") 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described unimproved right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed 22 and vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA OF PROPOSED STREET CLOSURE 28 (375 SQ. FT. OR 0.009 ACRES)", shown as the hatched 29 area on that certain exhibit plat entitled: "STREET 30 CLOSURE EXHIBIT OF THE WESTERN 7.5 FEET OF 15' 31 ALLEY (A PUBLIC R/W) LOT-10; BLOCK-22 CROATAN 32 BEACH (M.B. 234, PG 37) VIRGINIA BEACH, VIRGINIA", 33 Scale: 1"=20', dated October 22, 2015, prepared by wpl, a 34 copy of which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 Pursuant to Street Closures," approved by City Council. 45 46 No GPIN (Public Right-of-Way) 47 (Adjacent GPIN: 2426-39-4605) 48 2. The Applicant shall resubdivide the property and vacate internal lot lines to 49 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 50 submitted and approved for recordation prior to final street closure approval. Said plat 51 must include the dedication of a public drainage easement and the dedication of a 52 public utility easement over the closed portion of the alley to the City of Virginia Beach, 53 subject to the approval of the Department of Public Works and the Department of Public 54 Utilities, respectively, and the City Attorney's office, which easement shall include a right 55 of reasonable ingress and egress. 56 57 3. The Applicant shall verify that no private utilities exist within the right-of- 58 way proposed for closure. If private utilities do exist, easements satisfactory to the utility 59 company must be provided. 60 61 4. Closure of the right-of-way shall be contingent upon compliance with the 62 above stated conditions within 365 days of approval by City Council. If the conditions 63 noted above are not accomplished and the final plat is not approved within one year of 64 the City Council approval, said approval shall be considered null and void. 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before February 28, 2017, 69 this Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before February 28, 2017, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and "CHARLES R. DOMAN" and "BONNIE K. DOMAN" 84 as "Grantee". 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1st day 87 of March , 2016. I I APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . Agar%AtI ‘). GG/4.1-64/ m• Depa -nt City Attorney CA13465 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\DO17T021\00266950.doc R-1 February 18, 2016 EXHIBIT A Proposed Site Layout 6, ?4 SOU,si,E- LOT-22A LOT 21 LOT-23 kPC. jjJ (IN. 20090521000564420) ; (M.B 24, PG 37) ( 1.B 24, PG 37) _"�- GPA 2426-39 5617 CPIN: 2426-39-5633 GPIN: 2426-39-5732 CONC 0.60' OJT CONC 1.64' OUT CONC 6OvINYL FENCE , i S 04.14'15" E 50' WS' ALLEY L �1t�� d► '��1 �� (M.B. 24, PG. .57) t' • map,�tS 44'14'15` E 50' !I, 'J Anew 7214NYL FENCE S4RU9S LX 4' (5)SHRUBS AREA Of PROPOSED 1 DAL1J BLOCK STREET CLOSURE -72"w00D FENCE 22 (375 SO. FT. OR 0.009 ACRES) LOT-11 LOT-9 (VB. 24, PG. 37) II) LOT-10 in (M B. 24, PG. 37) GPIN. 2426-39-3790 p GP/N.' 2426-39-4605 o GPIN: 2426-39-4620 'At Opp 1-A h g S h3 NOTES: ` al `F 1. THIS EXHIBIT IS INTENDED h TO SHOW THE AREA OF • RIC ARNER� L�, t, PROPOSED RIGHT-OF-WAY Lie. . 2904 03 CLOSURE AND INDEPENDENT 10/3U/2015 41) OF THE ASSOCIATED C 4 RECORD DOCUIIENT(S) IS 94,4 SUBN1�o OTHEINTENDED TAN GENERAL ANY REFERENCE 2 A TIME REPORT HAS NOT BEEN 100' TO P.1 OF PROPERTY. FOR THIS --iv- TWILIGHT LANE (FORMERLY OLANE A I/E)� N 04'14'15' W 50' "�I0� VANDE�9BIL T(FORMERL(Y 50PARFIC AVENUE) AVE (M.B. 24, PG. 37) STREET CLOSURE EXHIBIT OF r _ _ THE WESTERN 7.5 FEET OF •`` J _ 15' ALOOT.E-10 ABLOCK 22 /W) -- - ---.------ CROATAN BEACH yeMedv� (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA T543Mil 1�t;4line V4.01.1.V42 SCALE: 1"c2O' OCTOBER 22, 8015 ,CAD/ckk: WJ1'/eag CITY Of VIRGINIA BEACH, VA J F.H.1035 PG.23 I PLAT:C-84 II/44 215-0202 Charles R. and Bonnie K. Doman Agenda Item 11 Page 4 F-1 v O a^n4. 64 Item—VI-lb PLANNING ITEM#65723 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council APPROVED and CONDITIONED, BY CONSENT: Application for Street Closure of an unimproved alley in Croatan Beach DISTRICT 6—BEACH: b. AMY R.SLAGLE at the rear of 829 South Atlantic Avenue BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application for Street Closure of an unimproved alley in Croatan Beach DISTRICT 6—BEACH: b. AMY R. SLAGLE at the rear of 829 South Atlantic Avenue (GPIN 2426379901 The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1)year of the City Council approval, said approval shall be considered null and void. 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 First day of March, Two Thousand Sixteen. March 1, 2016 65 Item—V-J.lb PLANNING ITEM#65723 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 Absent: William D. Sessoms,Jr. March 1, 2016 1 ORDINANCE APPROVING APPLICATION 2 OF AMY R. SLAGLE FOR THE CLOSURE 3 OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE 5 REAR OF 829 S. ATLANTIC AVENUE IN 6 CROATAN 7 8 WHEREAS, Amy R. Slagle ( the "Applicant") applied to the Council of the City of 9 Virginia Beach, Virginia, to have the hereinafter described unimproved right-of-way 10 discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said unimproved right-of-way 13 be discontinued, closed, and vacated, subject to certain conditions having been met on 14 or before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described unimproved right-of-way be discontinued, closed 22 and vacated, subject to certain conditions being met on or before one (1) year from City 23 Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "INDICATES PORTION OF ALLEY TO BE , 28 CLOSED (375 S.F./0.009 AC.)", shown as the hatched area 29 on that certain exhibit plat entitled: "PLAT SHOWING 30 PORTION OF 15' ALLEY ADJACENT TO LOT 19 BLOCK 31 14 CROATAN BEACH M.B. 24 P.P. 37 TO BE CLOSED 32 VIRGINIA BEACH, VIRGINIA", Scale: 1" = 20', dated 33 November 12, 2015, prepared by Stephen I. Boone & 34 Associates, P.C., a copy of which is attached hereto as 35 Exhibit A. 36 37 SECTION II 38 39 The following conditions must be met on or before one (1) year from City 40 Council's adoption of this ordinance: 41 42 1. The City Attorney's Office will make the final determination regarding 43 ownership of the underlying fee. The purchase price to be paid to the City shall be 44 determined according to the "Policy Regarding Purchase of City's Interest in Streets 45 Pursuant to Street Closures," approved by City Council. 46 47 No GPIN (Public Right-of-Way) 48 (Adjacent GPIN: 2426-37-9901) 49 2. The Applicant shall resubdivide the property and vacate internal lot lines to 50 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 51 submitted and approved for recordation prior to final street closure approval. Said plat 52 must include the dedication of a public drainage easement over the closed portion of the 53 alley to the City of Virginia Beach, subject to the approval of the Department of Public 54 Works, and the City Attorney's office, which easement shall include a right of 55 reasonable ingress and egress. 56 57 3. The Applicant shall verify that no private utilities exist within the right-of- 58 way proposed for closure. If private utilities do exist, easements satisfactory to the utility 59 company must be provided. 60 61 4. Closure of the right-of-way shall be contingent upon compliance with the 62 above stated conditions within 365 days of approval by City Council. If the conditions 63 noted above are not accomplished and the final plat is not approved within one year of 64 the City Council approval, said approval shall be considered null and void. 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before February 28, 2017, 69 this Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before February 28, 2017, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH as "Grantor" and "AMY R. SLAGLE" and "ROGER S. SLAGLE" as 84 "Grantee". 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this 1 s tday 87 of March , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , 4 Lua,t, akdiow ri '� •'' g 'epart ent City Attorney CA13466 \\vbgov.corn\DFS1\Applicat ons\CiryLawProd\cycom32\W pdocs\D017\PO21 00267086.doc R-1 February 18, 2016 EXHIBIT A NOW OR FORMERLY NOW OR FORMERLY NOW OR FORMERLY BRADLEY RAMSEY CARL E. CHOLEWA, JR. DAXING CHEN CHRISTINA R. RAMSEY ELIZABETH N. CHOLEWA BICH-PHUONG T. CHEN I.N. 20130416000433100 D.B. 4000 P. 1772 I.N. 20120424000441390 BEING BEING BEING LOT 8 LOT 9 LOT 10 M.B. 24 P. 73 M.B. 24 P. 73 M.B. 24 P. 73 GPIN: 2426-37-8804 GPIN: 2426-37-7899 GPIN: 2426-37-7983 15' ALLEYN 04'14'15" W 15' ALLEY "'�o � (M.B. 24 P. 37) 9 r 50.00' (M.B. 24 P. 37) "\\ , \\V>\ \ o — EXISTING LEGEND R/W LINEINDICATES PORTION TO BE VACATED \ OF ALLEY TO BE UPON R/W \ CLOSED CLOSURE ( 375 S.F./0.009 AC.) J J Q Q F- 1- NOW OR FORMERLY o ROGER S. SLAGLE NOW OR FORMERLY HAL J. WOOLARD o AMY R. SLAGLE o RONALD L. SWAN, JR. DEBORAH WOOLARD u? I.N. 200407260114952 v? D.B. 3458 P. 1464 I.N. 200501040001204 0 o BEING -0 o BEING BEING - O LOT 19 o LOT 20 LOT 18 3 o M.B. 24 P. 73 0 ,,, M.B. 24 P. 73 M.B. 24 P. 73 GPIN: 2426-37-9901 GPIN: 2426-37-8996 W GPIN: 2426-37-9818 "In In O Z > U-) m Q a in z ONI- Z N Q m X Q NAIL(F) PIN(F) 50.00' o 50.00' o S 0414'15" E S. ATLANTIC AVENUE (50' R/W) PLAT SHOWING (CHAUTAUQUA AVENUE - PLAT) PORTION OF 41,. LTH pp (M.B. 24 P. 37) 15' ALLEY L ADJACENT TO LOT 19 s BLOCK 14 OF ' x CROATAN BEACH v EPHEN I. BOONE M.B. 24 P. P. 37 Lic. No. 1333 TO BE CLOSED 11/12/15VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' NOVEMBER 12, 2015 `�'v° SUR�E4O� STEPHEN f.LABNDNSURVEYO ASSOCIATES, P.C. G:\13-166 plot.dwg PORTSMOUTH, VIRGINIA , i . , .. ..i,.. ' 0 I 1 X4,t \ , � 0 o , ..,41§,N7s11/41%,\NN\14-N:',... ...,,_ o :gig 0 4 ."'' ce * ,--,.s,,,,......-, .,. e'. �6 . , . , . „. , -ii.„,..,..„4....,,,I. .4,tie.„-- .l42,„: _ , ,-,-, , . „,..: , - . i,. 1 , „,,.‘,;; ,...,...1„,, ,-,,,,,,,,,.. -„.4,4,,,„i.4„ -„,,.,...--,..-,...;:: x � .,- , : E 1 66 Item—VI-I.2 PLANNING ITEM#65724 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council APPROVED and CONDITIONED, BY CONSENT: Application of STEPHEN and ADEN MURRAY for a Conditional Use Permit re a residential kennel at 5227 Lake Shores Road DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STEPHEN and ADENMURRAYfor a Conditional Use Permit re a residential kennel at 5227 Lake Shores Road(GPIN 1469579325)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. There shall be no more than five (5) dogs on the site at any one time. Included in this total shall be any dogs that are owned by the property owner or any dogs receiving foster or temporary care and shelter. Dogs less than six (6) months of age shall not be included in this total. 2. The Applicant shall remain up-to-date on all required shots for any dog being provided care and shelter on the property. The Applicant shall keep all dogs within their care and shelter properly licensed through the City of Virginia Beach. 3. All animal waste shall be disposed of in a lawful manner 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 First day of March, 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 Absent: Mayor William D. Sessoms, Jr. March 1, 2016 Asa 7$`...,--4, 12 .\\‘..... 0; , / , , 1,1 , . ..., lc' '. , , . „ ,t t. 0,0" (4')', \ , r' fjJ , 1 e ' s,; g ` / ," , '.'` gg ,. ,L, „. , , ! , ...... ',/ 0 , .. . 1 ,, „,„1,...„1,„,1,,,--:,, - . / gOk ; _,,,,:,:ilti''',,,,,I$t*,;. t,,,,ka:jt,31"7 .' .., / pi ' . 3� u ' a S �r' �P , • 1 .'t't•a a s 1 iii, ¢i 3 , s ,iiia r i. . ct -5d•4-,-'7,`".,--):1.Y.,i-'--',,P11-,;...4,-,..-..,,',IY,t-4-;,',-."-,t'.'„I'V-.*-14,4AlifilOiti.:-::-J':',‘1.: :,,' '"i'-`:'"t:Cct i;4:4".!:,,if:-.: , „,..-.',iji':..-:-.,' ,:,''-..'F,''''''''''''."';',-:-!'41,11:4_ti:77''',1: :'-'430:;''',-i"-21-01ttilifiteilti.-: , , • sR �ix - l «` 1s r s .a � E a 1 } 67 Item—VI-I.3 PLANNING ITEM#65725 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council APPROVED and CONDITIONED, BY CONSENT: Application of HEADGEAR II, LLC and GHS II, LLC for a Conditional Use Permit re bulk storage at 3409 Chandler Creek Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HEADGEAR II, LLC and GHS II, LLC for a Conditional Use Permit re bulk storage at 3409 Chandler Creek Road(GPINs 1495047961;1495151289)DISTRICT 3—ROSE HALL The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions, the Site shall be developed and maintained substantially in conformance with the submitted Site Plan entitled "EXHIBIT SHOWING OUTDOOR STORAGE FOR 3409 CHANDLER CREEK ROAD VIRGINIA BEACH VIRGINIA", dated October 18, 2015, and prepared by Site Improvements Associates, Inc. Said Site Plan has been exhibited to City Council and is on file with the Planning Department. 2. Vehicular access to the facility shall be only from the existing access point on Chandler Creek Road, as shown on the submitted Layout Plan referenced in Condition No. 1. 3. The bulk storage yard shall be used only for the storage of equipment associated with the Applicant's business. 4. No portion of the storage yard shall be developed in the Special Flood Hazard Area. 5. Category I plant material shall be installed, in conjunction with a chain link fence, along the Northeast side of the yard that faces Holland Road. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the First day of March, Two Thousand Sixteen. March 1, 2016 68 Item—VI-L3 PLANNING ITEM#65725 (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 Absent: William D. Sessoms,Jr. March 1, 2016 • • E ♦♦ • /� _ SII • • • ,. ,, ,t .... 413‘ , , . 1 s:Lits,_ :, . 8 „ . f • ♦ `f/ l g / � 1-11ry �� / ♦ t . litt.„‘4711117 , ' ' '' 44 ... : ,,>\ ..............., ,,,,,..\\2:\\,','' ., , 4, -1„,''''.:',..,•„,,, ,, I , y sr .......4,, ttitip y. 1.,..„.41440.44:4:1.,?',',',,,.',L.-'-7*(1,,* -it - -‘041,',.:.„, IL! --- Y. K i I t ' '',,' ''''',..'',1'1.'','''0" ' . 4'S trii,, 4 , isms , l\ 46% ..,, N,4b. , r t .40 ., ..„., ,, ,#'. , v Iratf IQ Z ,' NO -- r tea' 69 Item—VI-I.4 PLANNING ITEM#65726 Addie Wright Thomason, Executive Officer — Virginia Beach Community Development Corporation, (VBCDC) spoke in SUPPORT. Ms. Thomason advised the Lake Edwards community has asked for the VBCDC's help. They are facing struggles in raising families due to economic depression, educational needs and issues related to being safe and secure. Six (6) churches within the community have stepped forward as best they can with the resources available to help create changes; however, there is a need for a neighborhood-based home. This will allow Volunteers to tutor and mentor children in the neighborhood. There is always that one home where the neighborhood children gather to play and hangout. That one "Spot"and that is exactly what this project will provide for the children/youth of Lake Edwards. James Risper, 1497 Haweer Court, Phone: 401-2543, spoke in SUPPORT. Pastor Risper advised he is the father of a slain son in 2006. He cannot not help but want to be a part of what the VBCDC is trying to do in the Lake Edwards community. This will provide a safe "Spot"for the children/youth to go. This will be an example for other communities to follow. This is truly a community effort and City Council's support for this project is earnestly requested. Terron M Rodgers, 875 Baker Road, Phone: 490-9690, spoke in SUPPORT. The community believes there are lives that need to be changed in Lake Edwards and this project is definitely a step in the right direction. This is like a bone-marrow transplant, where there is cancer, live cells need to come in and overtake the cancer and make the person healthy again. This is exactly what this project will do to the community of Lake Edwards. Patricia Washington, 3537 Dandelion Crescent, 721-3115, spoke in SUPPORT Ms. Washington advised she is a Volunteer for VBCDC and feels her effort is part of her life's purpose. She feels this project will help the community take ownership of what is happening within their community and will improve tremendously. Upon motion by Council Lady Ross-Hammond, seconded by Councilman Dyer, City Council APPROVED and CONDITIONED, Application of VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)for a Conditional Use Permit re assembly use at 5865 Pickering Street DISTRICT 2—KEMPSVILLE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) for a Conditional Use Permit re assembly use at 5865 Pickering Street (GPIN 1468107265) DISTRICT 2—KEMPSVILLE The following conditions shall be required: 1. The hours of operation shall be 3:00 P.M to 6:00 P.M Monday through Friday and 10:00 A.M. to 6 P.M on weekends. 2. The Applicant shall obtain approval and a Certificate of Occupancy from the Building Official. 3. Occupant load will be determined by the Building Official and Fire Marshall. March 1, 2016 70 Item—VI-I.4 PLANNING ITEM#65726 (Continued) 4. The Site shall be staffed by two (2) Volunteers approved by the Virginia Beach Community Development Corporation (VBCDC) during all hours of operation. 5. Any on-site signage shall meet the requirements of the Zoning Ordinance and shall not be lit. 6. The minimum parking requirement shall be reduced to the existing two off-street parking spaces for a period of one (1)year. Following the one (1)year trial, the parking requirement reduction may be reconsidered if parking issues develop. 7. As to any modifications to the existing fence, or with the installation of any new fencing, the requirements of the Zoning Ordinance shall be met. 8. The Conditional Use Permit shall be valid for a period of one (1)year. After the one (1) year trial period, any request for extension must be heard by the Planning Commission and City Council. 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 First day of March, Two Thousand Sixteen. Voting: 9-1 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond,John E. Uhrin and Rosemary Wilson Council Members Voting Nay: James L. Wood Council Members Absent: William D. Sessoms,Jr. March 1, 2016 , ~ ' ' % t-4 . z NNW IIM r e� ,ltij, ' d 07 it Vg . 1 , , ., , .\.,,. \ Ix \\!..\\:, ' , . -+ I , , . y,. ;� r wetoo : f.,,\., ,,. , jeolv,Igoia,ftos.iy. , , ,It ,,,,,.. #4,,,4 0,.': k 3 i , N 3 i ,'.,' ',',.' '''N*.it41 11'', \ ' 14 ^ ' 4,r, /,,, l u Z w soF o 1 I, I ' / . I II I 4, I ;- I a ! 01.I1A• BEAC IY w City of Virg;ini i I leach 5 Op OUR No%eN 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 In Reply Refer to 0057468 wsessoms@vbgov.com March 8, 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 Virginia Beach Community Development Corporation for a conditional use permit for assembly use at 5865 Pickering Street. 2. I have a personal interest in TowneBank, which is located at 600 22nd Street in Virginia Beach. 3. The applicant has disclosed that TowneBank provides it with financial services. I was absent from the March 1, 2016 Council meeting, but if I had been present, I would have abstained. Please record this declaration in the official records of City Council. Thank you for your assistance. Mrs. Ruth Hodges Fraser -2- March 8, 2016 Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F) Sincerely, _ /W illiam D. Sessoms Mayor WDS/RRI 71 Item-VI-L 5 PLANNING ITEM#65727 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council ALLOWED WITHDRAWAL, BY CONSENT: Application of ROBERT J. IANUCCI for a Conditional Use Permit re a home occupation -firearm sales at 1305 Willowood Lane DISTRICT 5—LYNNHAVEN 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 Absent: William D. Sessoms, Jr. March 1, 2016 72 Item—VI-I.6 PLANNING ITEM#65728 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council APPROVED and CONDITIONED, BY CONSENT:Application of STEVE'S MOBILE TRUCK REPAIR/NEWTOWN THURSTON LLC for a Conditional Use Permit re automobile repair at 5900 Thurston Avenue DISTRICT 4—BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of STEVE'S MOBILE TRUCK REPAIR/ NEWTOWN THURSTON LLC for a Conditional Use Permit re automobile repair at 5900 Thurston Avenue (GPIN 1459931541) DISTRICT 4—BAYSIDE The following conditions shall be required: 1. All vehicle repair shall take place inside the building 2. No outside storage of equipment,parts or materials shall be permitted 3. There shall be no outside storage or display of tires 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act(ADA) 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 First day of March, 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 Absent: William D. Sessoms,Jr. March 1, 2016 7 arm \ .. ., 1 ' 1 i S. ; 41 aUM x 1 all 40 i !, i S. , a 6SIN*444.14Nsts4s4N, oil , , 4 , i lig 1 . 1 0 esfo * .. ifte: ,,.,.Ile 1 73 Item—VI-I.7 PLANNING ITEM#65729 Upon motion by Council Lady Henley, seconded by Council Lady Kane, City Council APPROVED and CONDITIONED, BY CONSENT:Application of McDONALD GARDEN MARKET, LLC/BRANCH BANKING AND TRUST for a Conditional Use Permit re an open air market at 3112 Virginia Beach Boulevard DISTRICT S—LYNNHAVEN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of McDONALD GARDEN MARKET, LLC / BRANCH BANKING AND TRUST for a Conditional Use Permit re an open air market at 3112 Virginia Beach Boulevard (GPIN 1497153700) DISTRICT 5 — LYNNHAVEN The following conditions shall be required: 1. The layout of the seasonal market shall be limited to 7,800 square feet and shall be located on the site in substantial conformance with the Concept Plan entitled, "Proposed Site Plan," prepared by McDonald Garden Market, dated 12/15/2015, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000)feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow and litter and debris shall be not be allowed to accumulate. 3. The open air market shall be limited to the operation between the months of March to August and shall be open only during the hours of 8:00 A.M. to 8:00 P.M, seven (7)days a week. 4. All signage on the site, including any signage or graphics on the fabric screen and fence, shall be in compliance with the sign regulations of the Zoning Ordinance and shall be submitted to the Zoning Administrator for review prior to installation. 5. The Applicant shall construct the Shed/Kiosk in accordance with the submitted Engineer's Report, prepared by Roland E. McPherson, P.E., and shall be presented to the Building Official's Office prior to issuance of a building permit. 6. Certification that the canopy design meets all applicable code requirements shall be submitted to the Building Official's Office,prior to the issuance of a building permit, by a Professional Engineer licensed by the Commonwealth of Virginia, or by any other professional deemed acceptable by the Building Official's Office. 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 First day of March, Two Thousand Sixteen. March 1, 2016 74 Item—VI-L 7 PLANNING ITEM#65729 (Conditioned) 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 Absent: William D. Sessoms,Jr. March 1, 2016 I r f 7 ^ � y� y 0_ 0 • • it i ' ,. vow- ,, z 001,17) .„,"4 '''' ,., '. ,` ' ' •.' , v. .'''.." 1 11‘ : .! `''-,J- .. ' ,..*',', ‘ -, ‘ ' . ' s' AtAl:I ' : ',,,': • ik cr - \ , 1 ' ) 1 , ,, ,,,,:„,..1, x17 a !r.., I' h ,.. ,..,, , ..,„. , . , .. . .,, i ,o ,,,,,,,,,... rill ,.. . .. ,:, ....4.'T* ',,i,, . ..._ekt, .,,,..o•Pb.. —1' , -' - ' ,1 ‘1 k ‘ )> .#:(: V .. > It ... , r r fi 75 ITEM VI-J APPOINTMENTS ITEM#65730 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 HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY COMMITEE 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 Absent: Mayor William D. Sessoms, Jr. March 1, 2016 76 Item -VI-M ADJOURNMENT ITEM#65731 Acting Mayor Louis R.Jones DECLARED the City Council Meeting ADJOURNED at 7:09 P.M. IrandaFinley-Barnes, MMC Chief Deputy City Clerk d .�.�. th Hodges raser, MMC Vice Mayor Louis R. Jones City Clerk Acting Mayor City of Virginia Beach Virginia March 1, 2016 77 PUBLIC DIALOGUE Ed Weeden advised he represents the American Legion Princess Anne Post, 113. He expressed his appreciation to Council Lady Wilson for attending and speaking at the recent Law and Order event held on February 14, 2016. Hugh Tierney, 731 9th Street, Phone: 321-1710, advised he is a member of the Parks and Recreation Commission as well as President of Empire Real Estate. Mr. Tierney is aware the City is constructing a new building for the Parks and Recreation Department near the intersection of Dam Neck and Landstown Roads. He was taken back with the $400 per square foot price. At the time, his company was finishing a Police Precinct for Henrico County and the apples-to-apples costs was around $300 per square foot. After seeing the plans for the building, he quickly realized why it was so expensive. He feels the building is being constructed on the wrong location of the site and the layout is inefficient, using 20%more land than necessary. The architecture is unusual and complex, resulting in higher construction costs. The non-usable space is double what a conventional office building should be. Particularly, this building contains six (6) bathrooms where a conventional building would have two (2). His company recently submitted an unsolicited bid, and without giving specifics on the bid, the project would be completed$2- Million under budget. Linda Ramey, 1313 Linkhorn Circle, Phone: 581-1902, advised she raised her grandson and he spent a tremendous amount of time shooting basketball in their driveway. She moved and relocated in the Shadowlawn neighborhood and there was not a basketball court available for her grandson to use so she signed him up for a recreation league team. She sees a tremendous amount of young kids just hanging out and getting into mischief. She requested the City consider building more public basketball courts for kids to use. Mia-Alana Caalim,Miss Pre-teen Philippines of Virginia, is a junior advocate for children with chronic illness. Miss Caalim is 7 years old and a citizen of Virginia Beach. She enjoys playing lacrosse, riding her bicycle and skateboarding. She hopes to be the President of the United States when she grows up. The Public Dialogue re Non Agenda Items concluded at 7:28 P.M. March 1, 2016