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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 5, 2016
Mayor William D. Sessoms, Jr., called to order the City Council's Briefing on the Restoration of the
Eastern Branch of the Elizabeth River in the City Council Conference Room, Tuesday, July 5, 2016, at
3:30 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
2
CITY COUNCIL'S BRIEFINGS
RESTORATION OF THE EASTERN BRANCH
OF THE ELIZABETH RIVER
ITEM#66113
3:30 P.M.
Mayor Sessoms welcomed Marjorie Mayfield Jackson, Executive Director. Ms. Jackson expressed her
appreciation to City Council for their continued support, especially to Council Lady Ross-Hammond for
her leadership: Today's Briefing provides an update on this Project:
Restoring the Eastern
Branch, Elizabeth River
Advisory Committee
Recommendations
VA Beach City Council
July 5,2016
Ehzaabeth River' Piled ,
Alz
,,,,,,,
Today's Briefing provides an update on this Project since the February 23rd presentation:
Follow Up to Feb. 23wo
Presentation '1'k
EASTERN BRANCH
ENVIRONMENTAL
RESTORATION STRATEGY
'--='7172.� .P What should be priority actions
.•v., ,. for Virginia Beach...
' Community-wide plan to
"rediscover the lost Eastern
r:� Branch?"
t
-q ; Jnr „
July 5, 2016
3
CITY COUNCIL'S BRIEFINGS
RESTORATION OF THE EASTERN BRANCH
OF THE ELIZABETH RIVER
ITEM#66113
(Continued)
The Eastern Branch of the Elizabeth River goes thru three (3)cities, Chesapeake, Virginia Beach and
Norfolk:
Eastern Branch, Elizabeth
River
- Bea eh
. ,
- •
The Eastern Branch of the Elizabeth River is considered to be the "lost/forgotten part of the Elizabeth
River"and has low water-quality scores:
State of the Elizabeth Scorecard
Southern Branch
Lafayette River
Eastern Branch
Weste
Main Stem
OVERALL
NvIM0'
• yt`tf•xl—• •
July 5, 2016
4
CITY COUNCIL'S BRIEFINGS
RESTORATION OF THE EASTERN BRANCH
OF THE ELIZABETH RIVER
ITEM#66113
(Continued)
The Committee has a total of eight(8)Recommendations. Specifics of each recommendation are
provided below:
Goal:
w Share the Story, Enlist the Public
i",---.,•-. :4. .-=,,,,,,t tti. it.,, i z Co. , t;J
Highlightact About �`
the Eastern Branch in ,-
interpretation already M =
planned,funded for the 1-t .. 1'
Kempsville historic I,i,4 - „i
. ,
, ,
walking trail. '" " �`' , k
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oa : ''
�. Share the Story, Enlist the Public
y��p
ection s *•: °.
2-Support a r -}
regional effort to re- 4 'F,,,,
name 1-264"the +,a►; -ot. r.,�®:,,`,0'
Eastern Branch , h ,
Freeway"from ', HI ! ' ,r,,-,f t
downtown Norfolk
. - '�!Alii
to Kempsville Road.
July 5, 2016
5
CITY COUNCIL'S BRIEFINGS
RESTORATION OF THE EASTERN BRANCH
OF THE ELIZABETH RIVER
ITEM#66113
(Continued)
Goal:
,µ Improve Public Access, * , ,,
Eastern Branch
iii0eaSc waterfront lic.
access,including kayak
access.
We strongly support a
4 ',i'''— special focus on the
1
Eastern Branch,draft VB
Outdoors Plan.
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/ 0., 5 4 Y��n,Y,
i k:--,f4101^4 '.• ilt, atrfleld
' ' s,F , Forest'Park
I a - • (challenging)
tl ____,,,ZNN - Best access for
kayaks:
', „ "'-',t; 8.8 acres for
-
l P sale,Normandy
r IAve
E
July 5, 2016
6
CITY COUNCIL'S BRIEFINGS
RESTORATION OF THE EASTERN BRANCH
OF THE ELIZABETH RIVER
ITEM#66113
(Continued)
Potential Waterfront Park, Normandy Ave-
Avalon Woods ••
4 -.
water street y , "ani ltt "
- 01'8.8 acres,7+ ''' '
acres are wetlands; =,
rest floods severely
(development
potential is not
optimum) ,0'' 8..
a
•
{
July 5, 2016
7
CITY COUNCIL'S BRIEFINGS
RESTORATION OF THE EASTERN BRANCH
OF THE ELIZABETH RIVER
ITEM#66113
(Continued)
•
`
•
. nityto• 1
rc
+�� V - •" stormwater
• treatment,meet
:E. *e h-�4� TMDL
pollution
,.' "" reduction
_- •
`1 + ".', requirements
/;$,
�• ', `�'q,4M4/ 43f �.•(
tie' y
t, r q. ._- ,41 liizaboth River�Project to
h'G - .. ,ii,.. .. 5 r� grant to purchase
• S ; I • ,property
,' • ^ e>: -i5'i OM1'.
If Elizabeth River Project
acquires the site,City askedto
consider accepting donation of
the land for a park with kayak
launch as resources become
available.
A`'•••`44
r.t \, <1 1� i.u,a14., ,its c. t�ar ..rar a
July 5, 2016
8
CITY COUNCIL'S BRIEFINGS
RESTORATION OF THE EASTERN BRANCH
OF THE ELIZABETH RIVER
ITEM#66113
(Continued)
Goal: Engage the Eastern Branch
Community Through River Stars
Programs
Rect► rdatlon 4
—Consider joining
4, > Nf , hapeake to
contractorolkwithCesElizabeth
River Project for on-the-
`' ground pollution
,j Fa
,,., reduction projects at
14
private homes
F,.�. � IfConsider$100,000/year.
Goal: Restore Wildlife
Habitat
Recommendation
a)Support planned
restoration of a half-
'� ‘ J ' : acre of marsh at
�,�• Y. Princess Anne Fox
- Run Canal,historic
Kempsville
July 5, 2016
9
CITY COUNCIL'S BRIEFINGS
RESTORATION OF THE EASTERN BRANCH
OF THE ELIZABETH RIVER
ITEM#66113
(Continued)
Goal: Restore Wildlife
Habitat
b)Consider additional
habitat and public
access,as a condition
��V►^S``' of any sale of former
Long John Silver site
**,/fie
:cw Fri haYa*?':
-€ ter.€ :;
Goal - Restore
Clean Water
R `
• Virginia Beach Recommendation 6
-Support efforts of Green Ribbon Committee
to finalize,promote incentives such as
stormwater utility credits for stormwater
improvements
• Recommendation 7—Support Va Beach
participation,regional task force to evaluate
septic tanks
• Recommendation 8 -Partner with
IIRSD,others to track sources of bacteria as
resources allow.
July 5, 2016
10
CITY COUNCIL'S BRIEFINGS
RESTORATION OF THE EASTERN BRANCH
OF THE ELIZABETH RIVER
ITEM#66113
(Continued)
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Mayor Sessoms thanked Council Lady Ross-Hammond for her leadership and Ms. Jackson for the
informative presentation as well as gathering these facts surrounding an important issue in the City.
July 5, 2016
11
CITY COUNCIL'S BRIEFINGS
USO WOUNDED WARRIOR WEEK
ITEM#66114
3:42 P.M.
Mayor Sessoms welcomed Jeffrey Hill, Vice President— USO World Operations. Mr. Hill expressed his
appreciation to the City Council for their continued support:
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Since 2013, the City has hosted and supported Warrior Week in conjunction with the Patriotic Festival.
Warrior Week continues to be well received by everyone involved and recently was again a huge
success:
6
In the summer of 2013 the City of Virginia Beach expressed an
interest in Increasing local wounded warrior programming _Vf
through the USO '',
The Inaugural USO Warrior Week was conceived to provide a t t it 4 4 . ; { 4 R { ; t
*',
week of recreationalfamilieswarriors.The USO brought eight non profits together
under Warrior Week umbrella,and partnered with USO HRCV to
develop local funds and in-kind donations.The event was
scheduled in May to leverage the R2R Memorial Challenge and W 1 J l;Ii
the annual Patriotic FestvaI event
In 2016,the third annual USO Warrior Week took place 1 + f 4 4 t b { 3 t } Et C
throughout the City of Virginia Beach and Included the most CCM
wounded service member part)cipants to date as well as new
attractions to draw visitors to the Virginia Beach Oceanfront.
July 5, 2016
12
CITY COUNCIL'S BRIEFINGS
USO WOUNDED WARRIOR WEEK
ITEM#66114
(Continued)
Nine (9) non-profit organizations participated in providing events for 575 Wounded Service Members and
their families for Warrior Week 2016:
2
,'iLiiit W s
, —
Adaptive Golf Tournament Skydiving/Combat Wounded Coalition +.
15 Wounded Service Members 25 Wounded Service Members '�",O .l
Cycling/Ride 2 Recovery Surf Camp/Wave Warriors - s•.
200 Wounded Service Members 60 Wounded Service Members
Deep Sea Fishing/Hearts for Heroes Waterskiing/Virginia Beach Adaptive
125 Wounded Service Members Water Sports
25 Wounded Service Members r
Horseback Riding/Equivets 1 }
25 Wounded Service Members (New for 20169 Air Rifle Clinic/Wounded \
Warrior Adaptive Sports
Kayaking/Heroes on the Water 25 Wounded Service Members
75 Wounded Service Members
The USO Military Village was set up between 17`"and 21st Streets. Approximately 25,000 visitors toured
the Military Village:
The USO Military Village was located on the
beach and boardwalk from 17''to 21' Street.
It was designed to showcase the Mission, .., -,
Equipment and Personnel of the United States
Military through interactive static displays,
demonstrations and exhibits.
Displays included vehicles,boats,motorcycles, i-' use iii 01%0
helicopters,LCAC,Navy SEALS,tents,museum * r 4111
�I. - ---'•exhibits and all were open on Friday,Saturday ..o..' - .
and Sunday. ""'.1;u4'* S '.
An estimated 25,000 visitors toured the USO
Military Village in 2016.
July 5, 2016
13
CITY COUNCIL'S BRIEFINGS
USO WOUNDED WARRIOR WEEK
ITEM#66114
(Continued)
Five (5) new events were added for 2016:
III
A.I.
Welcome Reception at the new Virginia Beach Top Golf location 7:10
Co
17"'Street Park=USO Patriot Park featuring Stage Entertainment V..)fl i yf[ji
Additional performance by the Marine Corp Silent Drill Platoon
Monster Motorcycles on the Beach Show •
Vietnam Wall Replica"Wall that Heal -.It' ie tie
The Wounded Warriors and their families received VIP access during the Patriotic Festival:
W pile this was the 12"'year of the USO Chalet at the Patriotic Festival,starting in
2014 was the conscious offering of healthy food options to promote wellness.The .c,..r `aa,....
USO collaborated with the Joint Culinary Center of Excellence(Fort Lee)to provide ��"^ �'-`~�'
healthy catering for the USO chalet and included 30 volunteers chefs representing ' Ra,?.�....
four service branches.
The Governor and his family joined the USO chalet this year on Saturday evening. p,`
`• '1. J a M1 U. I f acv '
July 5, 2016
14
CITY COUNCIL'S BRIEFINGS
USO WOUNDED WARRIOR WEEK
ITEM#66114
(Continued)
Below is a breakdown of expenses for 2016:
-bil; A
ma_k =: L
V -ge
The USO partnered with various Virginia Beach based companies,including
Coastal Hospitality,which resulted in a total of 495 room nights filled over
three different hotel properties for the weekend.
The USO partnered with the companies below for media and marketing opportunities:
RI
Cox Communications featured the event PSA spot on various channels running two weeks leading up to the event,resulting in a total
of 208,30 second commercials.
Radio advertising campaign began 14 days prior to USO Warrior Week on all Entercom Radio Stations,resulting in 130 ads aired on
each of the four stations,for a total of 520 radio spots.
Two,full page,full color ads to appeared in The Flagship Newspaper in the two weeks leading up to the events.
The Virginian-Pilot featured the event via a full front page wrap on the Wednesday(June 1)prior to the event,reaching 250,000
residents of Hampton Roads.
Editorial stories were written in The Flagship,The Virginian Pilot(The Peaces),pilotonlinecow,featured on WTKR and WVEC,and
various online community event sites-
The USO Warrior Week Website,Facebook and Twitter posts featured event details and sponsor information-Four posts were made
on local USO HRCV social media handles(10,000 followers per post) with one national share from USO Inc,handles(800,000
followers).
July 5, 2016
15
CITY COUNCIL'S BRIEFINGS
USO WOUNDED WARRIOR WEEK
ITEM#66114
(Continued)
USO Warrior Week 2016 was an overwhelming success with 575 wounded warriors and theft families participating in
various recreational,athletic and entertainment events at the Virginia Beach Oceanfront and surrounding locations.
All of the activities were designed at no cost to the participants,to aid in the recovery process of our brave heroes and
to support their families and caregivers.All activities were provided by nonprofit organizations who specialize in the
treatment and care of individuals dealing with traumatic injuries,illness and recovery.
THANK YOU to the City of Virginia Beach
for your overwhelming hospitality of
our nation's service members!
Mayor Sessoms thanked Mr. Hill, the USO and all of the partners and sponsors for the wonderful work
that goes into making Warrior Week a continued success.
July 5, 2016
16
CITY COUNCIL'S BRIEFINGS
HAMPTON ROADS PLANNING
DISTRICT COMMISSION
ITEM#66115
4:00 P.M.
Mayor Sessoms welcomed Dave Hansen, City Manager. Mr. Hansen expressed his appreciation to the
City Council for their support:
HRPDC
Proposed Governance Changes
Recommended by Regional CAO Committee in
February
Goal is to Strengthen HRPDC as a forum for
regional discussion and decision making
Endorsed at April HRPDC Retreat
HAMPTON ROADS
Mr. Hansen provided the background of the Hampton Roads Planning District Commission (HRPDC):
Background
• Hampton Roads Planning District Commission(HRPDC),one
of 21 Planning District Commissions in the Commonwealth of
Virginia,is a regional organization representing this area's
seventeen local governments.
• Planning District Commissions are voluntary associations and
were created in 1969 pursuant to the Virginia Area
Development Act and a regionally executed Charter
Agreement.
• The HRPDC was formed in 1990 by the merger of the
Southeastern Virginia Planning District Commission and the
Peninsula Planning District Commission.
July 5, 2016
17
CITY COUNCIL'S BRIEFINGS
HAMPTON ROADS PLANNING
DISTRICT COMMISSION
ITEM#66115
(Continued)
Background
• Membership on the 47-member Commission is based on
population,with each jurisdiction having a minimum of two
members.The Commission has an Executive Committee,made
up of one member from each jurisdiction.
• The Executive Committee provides policy oversight to the
HRPDC's activities through monthly meetings held between the
quarterly meetings of the full Commission.
• The Executive Director/Secretary,selected by the Commission,
manages the daily operations of the planning district's
professional staff of over 40 people.
• (REGIONAL)(Resolution#90-R-030 dated May 22,1990 approved
the merger of the Southeastern Virginia Planning District
Commission and the Peninsula Planning District Commission)
Below are the HRPDC Officers:
HRPDC - OFFICERS
Dr.Ella P.Ward,Chair* Michael Hipple,Vice Chair*
City Council Member, Chair,James City County Board
Chesapeake of Supervisors
Marcus Jones,Treasurer Robert Crum
City Manager,Norfolk Executive Director/Secretary
'Executive Committee Member
July 5, 2016
18
CITY COUNCIL'S BRIEFINGS
HAMPTON ROADS PLANNING
DISTRICT COMMISSION
ITEM#66115
(Continued)
Below are the HRPDC Members:
HRPDC - Members
Chesapeake Portsmouth
HRPDC Chair,Ella P.Ward,City Council Kenneth I.Wright,Mayor*
Member* Lydia Pettis Patton,City Manager
Lonnie E.Craig,City Council Member
S.Z."Debbie"Ritter,City Council Member Smithfield
-Vacant T.Carter Williams,Mayor*
James E.Baker,City Manager Peter Stephenson,Town Manager
Franklin Suffolk
Barry Cheatham,Council Member Linda T.Johnson,Mayor
R.Randy Martin,City Manager* Patrick Roberts,City Manager*
Gloucester County
Phillip Bazzani,Member,Board of Supervisors HAMPTON ROADS
Brent J.Fedors,County Administrator*
*Executive Committee Member
HRPDC - Members
Southampton County James City County
Barry T.Porter,Member,Board of HRPDC Vice-Chair Michael Hipple,
Supervisors Chair,Board of Supervisors*
Michael W.Johnson,County Bryan J.Hill,County Administrator
Administrator* Isle of Wight County
Surry County Rex Alphin,Member,Board of
John M.Seward,Vice-Chair,Board of Supervisors*
Supervisors Sanford B.Wanner,Interim County
Tyrone W.Franklin,County Administrator* Administrator
Hampton Poquoson
George Wallace,Mayor* Traci-Dale H.Crawford,City Council
Chris Snead,City Council Member Member
Mary Bunting,City Manager J.Randall Wheeler,City Manager*
�� HAMPTON ROADS
*Executive Committee Member ""
July 5, 2016
19
CITY COUNCIL'S BRIEFINGS
HAMPTON ROADS PLANNING
DISTRICT COMMISSION
ITEM#66115
(Continued)
HRPDC - Members
Newport News Williamsburg
McKinley L.Price,Mayor* HRPDC Chair,Clyde A.Haulman,Mayor
Saundra N.Cherry,City Council Member Marvin Collins,City Manager*
James Bourey,City Manager
Virginia Beach
Norfolk Louis R.Jones,Vice Mayor*
Paul D.Fraim,Mayor* Robert M.Dyer,City Council Member
Mamie B.Johnson,City Council Member Barbara M.Henley,City Council Member
Thomas R.Smigiel,City Council Member John Moss,City Council Member
Angelia Williams,City Council Member Amelia Ross-Hammond,City Council Member
HRPDC Treasurer,Marcus Jones,City John E.Uhrin,City Council Member
Manager Dave Hansen,City Manager
York County
Thomas G.Shepperd,Jr.,Member,Board of HAMPTON ROADS
Supervisors
Neil Morgan,County Administrator*
*Executive Committee Member
7
The proposed changes are provided below:
Changes
1. Change the membership of the HRPDC to one elected
official from each of the 17 jurisdictions(the current HRPDC
contains 47 members on the full Commission). Each jurisdiction
would appoint one representative to serve on the Commission
along with a designated alternate. A weighted voting structure
based on the population of each of the 17 jurisdictions would be
used for Commission votes. CAOs would attend meetings to
support their jurisdiction's Commission member,provide
technical advice during meetings,and would serve as each
jurisdiction's second alternate should the locality's Commission
member and primary alternate not be present.
July 5, 2016
20
CITY COUNCIL'S BRIEFINGS
HAMPTON ROADS PLANNING
DISTRICT COMMISSION
ITEM#66115
(Continued)
Changes
2. Formalize a procedure that provides for the Regional
CAO Committee to review and make recommendations on
items before they move forward to the HRPDC. The Regional
CAO Committee would assist the Executive Director in identifying
items for HRPDC agendas and,when appropriate,make
recommendations on agenda items which would be presented to
the Commission.
Changes
3. Maintain the current Personnel and Budget Committee
to provide guidance to the HRPDC Executive Director on agency
operational issues. The HRPDC/HRTPO Personnel and Budget
Committee is comprised of nine members:
• Chair and Vice Chair of the HRPDC and HRTPO
• Secretary and Treasurer of the HRPDC
• One additional elected official from the HRPDC
• Two CAOs(one from Southside and one from Peninsula) -the
CAO Committee will make recommendations on CAOs to
serve on this Committee
July 5, 2016
21
CITY COUNCIL'S BRIEFINGS
HAMPTON ROADS PLANNING
DISTRICT COMMISSION
ITEM#66115
(Continued)
Below are the next steps:
Next Steps
• Presentation of required Charter Agreement and Bylaws
Changes to HRPDC in July
• Amendments must be approved by concurring resolutions
adopted by the Governing Bodies of two-thirds of the
Subdivisions
• If support,proceed with Charter Agreement and Bylaws
amendments in the September—December time frame for
implementation in January
It was the Consensus, after City Council's discussion, they will not support the change of membership to
only one elected official for the City.
July 5, 2016
22
CITY COUNCIL LIAISON REPORTS
ITEM#66116
4:10 P.M.
Council Lady Wilson advised Beaches and Waterways Commission has been studying Event House
Rentals, Airbnb and other peer-to-peer rentals. The Commission is finding it difficult to get "their arms
around" the Airbnb and asked if the City Council would consider asking a different City Council
appointed agency to conduct the requested study. After discussion with the City Attorney, Council Lady
Wilson recommends appointing an Ad Hoc Committee to undertake this study.
Councilman Davenport concurs with Council Lady Wilson's recommendation. He feels the Beaches and
Waterways Commission has done an excellent job with the Event House Rental but it is just not the
appropriate assignment.
Council Lady Kane asked if Airbnb's could be something Councilman Dyer's Process Improvement
Committee could study.
Councilman Moss asked when the State's report is expected. Mayor Sessoms advised the report is not
expected until December 2016.
Council Lady Wilson feels the City should be in front of this issue and possibly add any of the State's
recommendations to the City's Policy.
Mayor Sessoms agrees the best idea would be to establish an Ad Hoc Committee and continue to
communicate with the Legislators. Mayor Sessoms asked the City Manager and City Attorney to come up
with the specifics for the establishment of this Ad Hoc Committee and provide same to City Council for
consideration as soon as possible.
Councilman Uhrin agrees as the City is the most impacted municipality in the Commonwealth. He feels
the information we can provide to the State would be beneficial and requested the City Council consider a
position that we could share with the Legislators.
Mayor Sessoms advised his daughter is getting married next weekend and while he expected her friends
to use Airbnb's, he was shocked to find he and his wife's friends are using this lodging choice.
Councilman Moss asked if there has been any research with National League of Cities or VML. Robert
Mathias advised San Francisco, New York City and Chicago have adopted wide-ranging Ordinances.
San Francisco's Ordinance adopted a few weeks ago provides if the Airbnb property is not listed with the
City, the owner is fined $1,000 per day. This is already being challenged and Mr. Mathias expects this
issue to go all the way to the Supreme Court. In the Commonwealth, Charlottesville has an Ordinance
addressing Airbnb and Historic Residences.
July 5, 2016
23
CITY COUNCIL LIAISON REPORTS
ITEM#66116
(Continued)
Mr. Mathias has been working closely with the Commission of the Revenue to address the issue. Mr.
Kellam conducted some research and found the City currently has 1,400 "discreet residences"for rent
under Airbnb as well as various other peer-to-peer websites. It is estimated the City is losing$1-Million
per year in revenue; but, the health, safety and welfare issues are the most important issues for these
rentals.
Councilman Wood advised these rentals are in neighborhoods and he does not believe that people
purchased homes only to have the next door neighbor rent their house out by the night or week. The
complaint he has received has not been `people are not paying taxes"; but,folks coming and going all
hours of the day and night, noise,parking, etc.
July 5, 2016
24
CITY COUNCIL LIAISON REPORTS
ITEM#66117
(Continued)
Council Lady Ross-Hammond attended the Kempsville Advisory Council meeting and they are pleased to
see the installation of the new LED lights along Singleton. Kempsville Magnet School is close to being
completed and hoping to have an Open House by the end of July.
July 5, 2016
25
CITY COUNCIL COMMENTS
ITEM#66118
4:19 P.M.
Councilman Dyer expressed his appreciation and gratitude for the overwhelming support during the
death of his Mother and especially to Vice Mayor Jones and Holloman-Brown.
July 5, 2016
26
CITY COUNCIL COMMENTS
ITEM#66119
(Continued)
Councilman Moss recalls receiving a presentation on the "Tree Canopy/Forestry Management Program"
with recommendations on parking spaces and redevelopment to move away from the "cookie cutter"
green spaces in the City. The City Council is considering at tonight's Formal Session a large parcel of
property for a Conditional Change of Zoning that seems to not support the Forestry Management
Program. Councilman Moss acknowledges the Program has not been adopted and made a Policy but he
is concerned if the objectives cannot be met on a parcel of property as large as the one being considered
tonight, the Program needs to be reexamined. Councilman Moss requested Staff provide an explanation
why the objectives could not be achieved on that parcel in hopes this will provide some insight in moving
forward.
July 5, 2016
27
CITY COUNCIL COMMENTS
ITEM#66120
(Continued)
Council Lady Henley expressed appreciation to the City Manager and City Staff that attended the first
ever Blackwater Town Hall at the Blackwater Fire Station. The Town Hall was precipitated by concerns
regarding public safety. The discussion was well received. The Town Hall provided assurances the
Blackwater Community is regarded the same as the rest of the City.
July 5, 2016
28
CITY COUNCIL COMMENTS
ITEM#66121
(Continued)
Council Lady Ross-Hammond enjoyed the 4`11 of July festivities at the Senior Resource Center with
Council Lady Henley. This is always a big event and encourages everyone to attend next year.
July 5, 2016
29
AGENDA REVIEW SESSION
ITEM#66122
4:24 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
I. ORDINANCES/RESOLUTIONS
1. Ordinance declaring the property at 445 Rudder Road as EXCESS CITY PROPERTY and
AUTHORIZE the City Manager to sell the property to James G. Fender and James Joseph
Fender
2. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-owned Farm
Land at Indian River Road and North Landing Road with Land of Promise Farms
Partnership
3. Ordinance to AUTHORIZE:
a. ACQUISTION of Agricultural Land Preservation (ARP) easement from
My III Sons,LLC
b. ISSUANCE of the City's contract obligations in the maximum principal
amount of$680,787
c. TRANSFER$360,817 from the ARP Special Revenue fund to purchase
United States Treasury STRIPS
4. Resolution to RECOGNIZE the 60`x'Anniversary of Sister Cities International
COUNCILMAN MOSS WILL VOTE VERBAL NAY ON ITEM#3a/b/c
July 5, 2016
30
AGENDA REVIEW SESSION
ITEM#66122
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. UJFT COMMUNITY CAMPUS,LLC for a Conditional Use Permit re assembly use at
5000 Corporate Woods Drive DISTRICT 4 BAYSIDE
2. TONYA MITCHELL/TAG INDUSTRIES,INC.for a Conditional Use Permit re family
home Day Care at 4441 Crow Wing Drive DISTRICT 7—PRINCESS ANNE
3. WALMART#1688 for a Conditional Use Permit re bulk storage yard at 657 Phoenix
Drive DISTRICT 6—BEACH
4. REED ENTERPRISES,INC for a Conditional Use Permit re motor vehicle sales at 3249
Dam Neck Road DISTRICT 7-PRINCESS ANNE
5. OLD DOMINION TOBACCO COMPANY,INC for a Conditional Change of Zoning from
I-1 Industrial District and B-2 Community Business District to Conditional A-18 Apartment
District West of 5400 Virginia Beach Boulevard
DISTRICT 2—KEMPSVILLE
July 5, 2016
31
ITEM#66123
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
PUBLIC CONTRACT: Discussion of the award of a public contract
involving expenditure of public funds, and discussion of terms or scope
of such contract, where discussion in an open session would adversely
affect the bargaining position or negotiating strategy of the public body
pursuant to Section 2.2-3711(A)(29)
• Arena (Proposed Amendment to Development Agreement)
PROSPECITVE BUSINESS OR INDUSTRY:Discussion concerning a
prospective business or industry or the expansion of an existing business
or industry where no previous announcement has been made of the
business' or industry's interest in locating or expanding its facilities in
the community pursuant to Section 2.2-3711(A)(5)
• Beach District
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel pursuant to Section 2.2-3711(A)(7).
• Estate of Doris Baxter
• Request for Appointment of Counsel pursuant to Section 58.1-
3376
PERSONNEL MATTERS: Discussion, consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
July 5, 2016
32
ITEM#66123
(Continued)
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into
CLOSED SESSION at 4:26 P.M.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
Closed Session 4:26 P.M. - 5:55 P.M.
July 5, 2016
33
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
July 5,2016
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, July 5, 2016, at 6:00 P.M.
Council Members Present:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Pastor Bubba Pugh
Calvary Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank has an interest in numerous matters in which he is not personally involved and of which he does not
have personal knowledge. In that regard, he is always concerned about the appearance of impropriety
that might arise if he unknowingly participates in a matter before City Council in which TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter
and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal
interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
January 13, 2015, is hereby made a part of the record.
July 5, 2016
34
Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank.
Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire
Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of 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.
Mayor Sessoms welcomed Boy Scout Troop 471
Salem United Methodist Church
July 5, 2016
35
Item—VI-E
CERTIFICATION
ITEM#66124
Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
♦NlA'BF.gc
)
°` oux NAS10H
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#66123 Page 32 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW,THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
R th Hodges Fraser, MMC
City Clerk July 5, 2016
36
Item -VI-F
MINUTES ITEM#66125
Upon motion by Councilman Davenport, seconded by Council Lady Ross-Hammond, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 21, 2016.
Voting: 9-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood
Council Members Absent:
Shannon DS Kane out of city on business
Rosemary Wilson family vacation
July 5, 2016
37
ADOPT AGENDA
FOR FORMAL SESSION ITEM#66126
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
July 5, 2016
38
Item - VI-H.1
PUBLIC HEARINGS
ITEM#66127
Mayor Sessoms DECLARED A PUBLIC HEARING:
EXCESS CITY-OWNED PROPERTY at 445 Rudder Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
July 5, 2016
39
Item - VI-H.2
PUBLIC HEARINGS
ITEM#66128
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE of City-owned Farm Land at Indian River Road and North
Landing Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
July 5, 2016
40
Item - VI-H.3
PUBLIC HEARINGS
ITEM#66129
Mayor Sessoms DECLARED A PUBLIC HEARING:
INSTALLMENT PURCHASE AGREEMENT re acquisition of Agricultural Land
Preservation (ARP) easement at 4280 Blackwater Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING
July 5, 2016
41
Item- VI-I
ORDINANCES/RESOLUTIONS
ITEM#66130
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Agenda Items 1, 2, 3a/b/c(MOSS VOTE VERBAL NAY) and 4.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent.•
None
July 5, 2016
42
Item -VI-I.1
ORDINANCES/RESOLUTIONS
ITEM#66131
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance declaring the property at 445 Rudder Road as EXCESS CITY PROPERTY and
AUTHORIZED the City Manager to sell the property to James G. Fender and James Joseph Fender
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
1 AN ORDINANCE DECLARING THE
2 PROPERTY LOCATED AT 445 RUDDER
3 ROAD (GPIN 2417-16-4974) TO BE IN
4 EXCESS OF THE CITY'S NEEDS AND
5 AUTHORIZING THE CITY MANAGER TO
6 SELL THE PROPERTY TO JAMES G.
7 FENDER AND JAMES JOSEPH FENDER
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
10 certain 5,847 sq. ft. parcel of land with improvements thereon located at 445 Rudder
11 Road (the "City Property"), more particularly described on Exhibit "A" attached hereto
12 and made a part hereof;
13
14 WHEREAS, the City acquired the City Property pursuant to the APZ-1
15 Acquisition Program;
16
17 WHEREAS, the City funded the acquisition of the City Property through a
18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
19 contributing fifty percent (50%) of the funds;
20
21 WHEREAS, the City Property is in the midst of other residences and at the
22 time of acquisition was improved with one single-family dwelling unit;
23
24 WHEREAS, James G. Fender ("Fender") owns adjacent property at 441
25 Rudder Road and has requested to purchase the City Property in order to utilize it in a
26 manner compatible with the APZ-1 Ordinance;
27
28 WHEREAS, Fender desires to purchase the City Property in accordance
29 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof;
30
31 WHEREAS, the APZ-1 Disposition Committee has recommended that City
32 Council declare the City Property to be in excess of the City's needs and sell the City
33 Property to Fender; and
34
35 WHEREAS, the City Council is of the opinion that the City Property is in
36 excess of the needs of the City of Virginia Beach.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
39 OF VIRGINIA BEACH, VIRGINIA:
40
41 That the City Property located at 445 Rudder Road is hereby declared to
42 be in excess of the needs of the City of Virginia Beach and that the City Manager is
43 hereby authorized to execute any documents necessary to convey the City Property to
44 James G. Fender and James Joseph Fender in accordance with the Summary of
45 Terms attached hereto as Exhibit "B" and such other terms, conditions or
46 modifications as may be acceptable to the City Manager and in a form deemed
47 satisfactory by the City Attorney.
48
49 Further, that the revenue from the sale of the City Property in the amount
50 of $105,847 shall be received and fifty percent (50%) of this amount shall be deposited
51 for appropriation in future Capital Improvement Program capital budgets in #9-059,
52 Oceana Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%)
53 shall be deposited for future payment by the City Manager to refund the
54 Commonwealth's portion in accordance with the grant agreement.
55
56 This ordinance shall be effective from the date of its adoption.
57
58 5th Adopted by the Council of the City of Virginia Beach, Virginia, on the
59 day of July , 2016.
CA13614
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EXHIBIT "A"
GPIN 2407-02-3622 (225 Gatewood Avenue)
All that certain lot, piece or parcel of land, with the buildings and
improvements thereon, belonging, lying and situate in the City of Virginia
Beach, Virginia, and known, numbered and designated as Lot Twenty-
Seven (27) as shown on that certain plat entitled, "Revised Plat of
Gatewood Park," which said plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 25, at
page 87, and said Lot is also shown in Map Book 34, at page 16,
reference to which are hereby made for a more particular description
thereof. More commonly known as 225 Gatewood Avenue, Virginia
Beach, Virginia.
RESERVING UNTO THE CITY all right, title and interest of the City in and
to any and all easements, rights of way, private roads and other rights of
access, ingress and/or egress adjacent to appurtenant to or in any way
benefiting the public or the City.
IT BEING the same property conveyed to the City of Virginia Beach by
deed dated June 17, 2015 and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach as Instrument Number
20150617000559740.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY LOCATED AT 445 RUDDER ROAD
Seller: City of Virginia Beach
Buyers: James G. Fender and James Joseph Fender
City Property: 445 Rudder Road (GPIN: 2417-16-4674) consisting of 5,847
square feet of land and improvements
Legal Description: See Exhibit "A" to Ordinance
Sale Price: $105,487, together with the improvements located at 441 Rudder
Road and a restriction upon 441 and 445 Rudder Road that only
one (1) dwelling unit will be permitted.
CONDITIONS OF SALE:
• City Property is purchased "As Is, Where Is."
• Buyer has been advised of APZ-1 restrictions for use.
• Buyers shall provide Seller with a right of entry to demolish existing
improvements at 441 Rudder Road.
• The City Property and 441 Rudder Road shall be subdivided in order to
vacate the interior lot line and restrict the resubdivided lot to one
residential dwelling unit.
• Seller will record deed restrictions permanently restricting 441 and 445
Rudder Road to one (1) total dwelling unit.
• Seller will reserve any fee in the streets and any easements necessary
for public purposes.
• Closing shall occur on or before July 5, 2017.
13
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43
Item-VI-I.2
ORDINANCES/RESOLUTIONS
ITEM#66132
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease of City-owned Farm
Land at Indian River Road and North Landing Road with Land of Promise Farms Partnership
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE OF 186+/-
3 ACRES OF CITY-OWNED FARM LAND LOCATED
4 ON INDIAN RIVER ROAD AND NORTH LANDING
5 ROAD FOR UP TO FIVE (5) YEARS WITH LAND OF
6 PROMISE FARMS PARTNERSHIP
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 186+/- acres of
9 farm land located on Indian River Road and North Landing Road, formerly known as the
10 Brenneman Farm, in Virginia Beach, Virginia (the "Premises");
11
12 WHEREAS, the City acquired the Premises pursuant to the ITA Acquisition
13 Program, an element of the City BRAC response program;
14
15 WHEREAS, the City funded the acquisition of the Premises through a
16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
17 contributing fifty percent (50%) of the funds;
18
19 WHEREAS, Land of Promise Farms Partnership ("Land of Promise Farms")
20 would like to enter into a lease with the City for the Premises;
21
22 WHEREAS, the Premises will be utilized for agricultural purposes, such as
23 farming, and for no other purpose;
24
25 WHEREAS, Land of Promise Farms has agreed to pay the City a rental rate of
26 $21,250.00 annually for up to five (5) years for the use of the Premises; and
27
28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30
31 That the City Manager is hereby authorized to execute a lease for up to five (5)
32 years between Land of Promise Farms Partnership and the City for the Premises, in
33 accordance with the Summary of Terms attached hereto as Exhibit A and made a part
34 hereof, and such other terms, conditions or modifications as may be acceptable to the
35 City Manager and in a form deemed satisfactory by the City Attorney.
36
37 Further, that revenue from the lease of the Premises in the amount of$21,250.00
38 shall be received and fifty percent (50%) of this amount shall be deposited for
39 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana
40 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) shall be
41 deposited for future payment by the City Manager to refund the Commonwealth's
42 portion in accordance with the grant agreement.
43
44 This ordinance shall be effective from the date of its adoption.
45
46
47
48 Adopted by the Council of the City of Virginia Beach, Virginia on the 5th day of
49 July , 2016.
APPROVED AS TO CONTENT APPROVED AS TO CONTENT
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CA 13482
R-1
June 24, 2016
EXHIBIT A
SUMMARY OF TERMS
LEASE FOR 186+/- ACRES OF CITY-OWNED FARM LAND
LOCATED ON INDIAN RIVER ROAD AND NORTH LANDING ROAD
LESSOR: City of Virginia Beach
LESSEE: Land of Promise Farms Partnership
PREMISES: 186+/- acres of farm land located on Indian River Road and
North Landing Road
TERM: January 1, 2017 — December 31, 2021
RENT: Rent of$21,250.00 annually
TAXES: Lessee shall receive a rent offset credit from Lessor in an
amount equal to the annual real estate tax assessed by City and
paid by Lessee upon the Lessee's leasehold interest in the
Property, pursuant to Section 58.1-3203 of the Code of Virginia.
For 2017, that amount is $547.48 based on the current tax
assessment.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for agricultural purposes and for no other purpose.
• Maintain Premises in a good farm-like manner, including prevention of
deterioration and waste accumulation.
• Keep all equipment and improvements placed upon Premises in a safe, clean
and orderly condition.
• Purchase and maintain workers compensation insurance, commercial general
liability insurance and automobile liability insurance.
RIGHTS AND RESPONSIBILITIES OF CITY:
• May enter upon the Premises without written prior notice after it has been
determined that an emergency exists.
TERMINATION:
• City may terminate by giving ninety (90) days' advance written notice, with
payment for any growing crops unable to be harvested as a result of the
termination.
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44
Item -VI-L3a.b.c
ORDINANCES/RESOLUTIONS
ITEM#66133
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE:
a. ACQUISTION of Agricultural Land Preservation (ARP) easement from
My III Sons,LLC
b. ISSUANCE of the City's contract obligations in the maximum principal
amount of$680,787
c. TRANSFER$360,817 from the ARP Special Revenue fund to purchase
United States Treasury STRIPS
Voting: 10-1
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
July 5, 2016
1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF
2 AN AGRICULTURAL LAND PRESERVATION EASEMENT
3 FROM MY III SONS, LLC (101.61+/- ACRES), 2) THE
4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS
5 IN THE MAXIMUM PRINCIPAL AMOUNT OF$680,787,AND
6 3)TRANSFER OF FUNDS TO PURCHASE U.S.TREASURY
7 STRIPS
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
11 presented to the City Council a request for approval of an Installment Purchase Agreement
12 (the form and standard provisions of which have been previously approved by the City
13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in
14 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the
15 Installment Purchase Agreement) on certain property located in the City and more fully
16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of
17 $680,787; and
18
19 WHEREAS, the aforesaid Development Rights shall be acquired through the
20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
21 compliance with, the requirements of the Ordinance; and
22
23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
24 purchase as evidenced by the Installment Purchase Agreement.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 1. The City Council hereby determines and finds that the proposed terms and
30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
31 Agreement, including the purchase price and manner of payment, are fair and reasonable
32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
33 is hereby authorized to approve, upon or before the execution and delivery of the
34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
35 balance of the purchase price set forth hereinabove as the greater of 2.69% per annum or
36 the per annum rate which is equal to the yield on United States Treasury STRIPS
37 purchased by the City to fund such unpaid principal balance; provided, however, that such
38 rate of interest shall not exceed 4.69% unless the approval of the City Council by resolution
39 duly adopted is first obtained.
40
41 2. The City Council hereby further determines that funding is available for the
42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
43 the terms and conditions set forth therein.
44
45 3. The City Council hereby expressly approves the Installment Purchase
46 Agreement and, subject to the determination of the City Attorney that there are no defects
47 in title to the property or other restrictions or encumbrances thereon which may, in the
48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City
49 Manager or his designee to execute and deliver the Installment Purchase Agreement in
50 substantially the same form and substance as approved hereby with such minor
51 modifications, insertions, completions or omissions which do not materially alter the
52 purchase price or manner of payment, as the City Manager or his designee shall approve.
53 The City Council further directs the City Clerk to affix the seal of the City to, and attest
54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the
55 incurrence of the indebtedness represented by the issuance and delivery of the Installment
56 Purchase Agreement.
57
58 4. The City Council hereby elects to issue the indebtedness under the Charter
59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
60 the indebtedness a contractual obligation bearing the full faith and credit of the City.
61
62 5. The City Council hereby authorizes the transfer of $360,817 from the
63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund
64 (302), and the City Manager is empowered to transfer sufficient additional funds or return
65 funds not required,within the dollar limits provided by the Annual Appropriation Ordinance,
66 to purchase the United States Treasury STRIPS as described in the Installment Purchase
67 Agreement.
68
69 Adoption requires an affirmative vote of a majority of all members of the City
70 Council.
71
72 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day of
73 July , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
p,,c/ , 3 \o,o(`
Agriculture Department Budget and Management Service
CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY:
UNDS:
cDireag6
ctor oFina ce CityAttorney's Office
ki
CA13611
\\vbgov.com\DFS 1'Appl ications\City LawProd\cycom32\W pdocs\DO11\P015\00049813.DOC
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Date: June 21, 2016
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2016-140
SUMMARY OF TERMS
SELLER: My III Sons, LLC, a Virginia limited liability company
PROPERTY
LOCATION: 4280, 4420 and 4430 Blackwater Road(GPINs 1481-70-3145, 1480-89-9947
and 1480-79-7265)
PURCHASE PRICE: $680,787
EASEMENT AREA: 101.61 acres, more or less
DEVELOPMENT POTENTIAL: 11 single-family dwelling sites (0 reserved by Seller)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 2.69% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.69%without
approval of City Council.
TERMS: Interest only, twice per year for 25 years,with payment of principal due 25 years from
IPA date.
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate
Settlement Transfer) for one (1)year following execution and delivery of the IPA.
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45
Item -VI-L4
ORDINANCES/RESOLUTIONS
ITEM#66134
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT,Resolution to RECOGNIZE the 60th Anniversary of Sister Cities International
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
�
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4
RESOLUTION
WHEREAS: Sister Cities International was founded as a "People-To-People”program and a
Presidential initiative of President Dwight D. Eisenhower at the White House Conference on
Citizen Diplomacy September 11, 1956. This initiative was to create more community-led global
relationships so that people of different cultures could appreciate their differences and build
partnerships that would lessen the chance of new international conflicts;
WHEREAS: To facilitate and maintain world peace, cities, their elected and appointed
officials--and their citizens--collaborate internationally through organizations,such as Sister
Cities International. In 2014, the SCI network, composed of 570 member cities and more than
2,300 partnerships across 150 countries bn six continents, hosted over two thousand events and
engaged over thirty thousand Volunteers throughout the United States. The total impact of SCI's
programs in 2014, alone, included participation of more than one million persons. Countless
city,county and state governments,and their leaders,have been involved in global relationships.
In 2016, SCI is celebrating sixty[60]years of global citizen and civic diplomatic action helping
support a future where the world's cities, communities and citizens come together on common
ground. These relationships include cultural, economic, educational, humanitarian, student and
municipal exchanges that are mutually beneficial. Many `young artists" have become
professionals as a result of the annual SCI competition and display;
WHEREAS: On June 9th, legislation was introduced in the United States Congress to recognize
Sister Cities International's founding sixty years ago to help foster world peace by cultivating
connections between citizens of the United States and people in foreign countries. This legislation
will designate July 15,2016 as "SISTER CITIES INTERNATIONAL DAY";and,
WHEREAS: Virginia Beach has four Sister Cities: Moss,Norway;Miyazaki City,Japan,Ards
and North Down,Northern Ireland;and, Olongapo,Philippines;plus two Friendship Cities: San
Juan del Sur,Nicaragua,and Waiblingen, Germany[the home of STIHL].
NOW, THEREFORE BE IT RESOLVED: That the Virginia Beach City Council pause in its
deliberations this Fifth day of July, Two Thousand Sixteen,to proclaim:
July Fifteenth as SISTER CITIES INTERNATIONAL DAY
BE IT FURTHER RESOLVED: That all citizens join in commemorating the significant impact
President Eisenhower's initiative has made in building bridges across nations, cities and
communities around the world. Also, that this Resolution be spread upon the Minutes of the
Virginia Beach City Council with a copy forwarded to Sister Cities International.
i .00,
ncifman Ben Davenport ja, 6".Dyer CouncitLady Ba ara lanky
• I:••y Shan .n •ne 1 oil ' • • I.Bloss Council Lady Dr Amelia N.cRpss-
/4 ./ ,4ruf
i! � �,t
/• (man John E."(Ain Counci(Lady*Ate 'Wifon C.F`James L.Wood
`Nice ayorLou' Jones Mayor'WiSam Do. "'NM'Sessoms,Jr
46
Item—VI-el
PLANNING ITEM#66135
1. UJFT COMMUNITY CAMPUS,LLC CONDITIONAL USE PERMIT
2. TONYA MITCHELL/TAG INDUSTRIES,INC. CONDITIONAL USE PERMIT
3. WALMART#1688 CONDITIONAL USE PERMIT
4. REED ENTERPRISES,INC. CONDITIONAL USE PERMIT
5. OLD DOMINION TOBACCO COMPANY,INC. CONDITIONAL CHANGE OF
ZONING
July 5, 2016
47
Item -VI-J
PLANNING ITEM#66136
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, BY
CONSENT:Item 1, 2, 3, 4 and 5 of the PLANNING AGENDA.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
48
Item—VI-j.1
PLANNING ITEM#66137
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT, UJFT COMMUNITY CAMPUS, LLC for a Conditional Use Permit
re assembly use at 5000 Corporate Woods Drive DISTRICT 4 BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of UJFT COMMUNITY CAMPUS,
LLC for a Conditional Use Permit re assembly use at 5000
Corporate Woods Drive (GPIN 1467826153) DISTRICT 4—
BAYSIDE
The following conditions shall be required:
1. When installed, the proposed storage buildings shall be in substantial
conformance with the size and location shown on the submitted Site Layout
entitled, "UJFT Community Campus-Proposed Storage Buildings."
2. If any of the mature trees located between the proposed storage buildings,
tennis courts and the adjacent property to the North are removed, it shall be
replaced with a tree of the same or similar species. Approval shall be given
by the Development Services Center Landscape Architect prior to the
installation of any replacement tree.
3. All necessary permits from the Planning Department, Permits and
Inspections Division, must be obtained prior to installation and occupancy of
the storage buildings.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two
Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
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Item—V-K2
PLANNING ITEM#66138
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT, TONYA MITCHELL/TAG INDUSTRIES, INC for a Conditional
Use Permit re family home Day Care at 4441 Crow Wing Drive DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TONYA MITCHELL/TAG
INDUSTRIES, INC for a Conditional Use Permit re family home Day
Care at 4441 Crow Wing Drive (GPIN 1474546552) DISTRICT 7—
PRINCESS ANNE
The following conditions shall be required:
1. Arrival and departure times shall be staggered to avoid vehicular
congestion.
2. The family Day Care home shall be limited to a total of twelve (12) children,
other than children living in the home.
3. The applicant shall maintain a license with the Commonwealth of Virginia,
Department of Social Services.
4. No more than one (1)person, other than the applicant, shall assist with the
operation of the family Day Care home at any one time.
5. Any sign identifying the home occupation shall be non-illuminated, not more
than one (1)square foot in area and mounted flat against the residence.
6. The applicant shall obtain all necessary permits and inspections from the
City of Virginia Beach. Prior to operation, the applicant shall obtain a
Certificate of Occupancy from the Building Official's Office for use of the
house as a family Day Care home.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two
Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
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Item—VI-J.3
PLANNING ITEM#66139
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT, Application of WALMART #1688 for a Conditional Use Permit re
bulk storage yard at 657 Phoenix Drive DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of WALMART #1688 for a
Conditional Use Permit re bulk storage yard at 657 Phoenix
Drive(GPIN 1496387496)DISTRICT 6—BEACH
The following conditions shall be required:
1. The location and size of the bulk storage area shall be as shown on the
submitted Exhibit entitled, "WALMART #1688 OUTDOOR SEASONAL
DISPLAY AREA."
2. All materials for sale or materials related to the outdoor lawn and garden
care operation being stored shall be contained within the specified area
depicted on the Plan specified in Condition Number One. There shall be no
materials or merchandise in the adjacent parking spaces, parking drive
aisles or parking islands.
3. There shall be no signage installed within the area, on the fence or
immediately adjacent to the area, other than professionally prepared traffic
control signs. Hand-lettered signs shall not be used.
4. When the storage area is not being used to accommodate seasonal demand,
all fencing, merchandise and other materials shall be removed from the
parking area.
5. The seasonal storage area shall only be used to store pallets of mulch, top
soil, paver stones, shrubs, trees and other such lawn and garden care
merchandise.
This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two
Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
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51
Item—VI-J.4
PLANNING ITEM#66140
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and
CONDITIONED, BY CONSENT, Application of REED ENTERPRISES, INC for a Conditional Use
Permit re motor vehicle sales at 3249 Dam Neck Road DISTRICT 7—PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of REED ENTERPRISES, INC for a
Conditional Use Permit re motor vehicle sales at 3249 Dam Neck Road
(GPIN 1495146175)DISTRICT 7—PRINCESS ANNE
The following conditions shall be required:
1. The sale of motor vehicles on the site shall be limited to no more than five (5)
at any one time.
2. There shall be no outdoor display of any motor vehicle for sale.
3. Other than a slight modification to the existing freestanding sign to add this
use, no display of the motor vehicle sales operation shall be indicated on the
building, on the roof or in the windows.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two
Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
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52
Item—VI-J.5
PLANNING ITEM#66141
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS
PROFFERED, BY CONSENT, Application of OLD DOMINION TOBACCO COMPANY, INC for a
Conditional Change of Zoning from I-1 Industrial District and B-2 Community Business District to
Conditional A-18 Apartment District West of 5400 Virginia Beach Boulevard DISTRICT 2—
KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of OLD DOMINION TOBACCO
COMPANY, INC for a Conditional Change of Zoning from I-1
Industrial District and B-2 Community Business District to
Conditional A-18 Apartment District West of 5400 Virginia
Beach Boulevard (GPINs 1467587545, 1467571872,portion of
1467575967)DISTRICT 2—KEMPSVILLE
The following condition shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court
This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fifth day of July, Two
Thousand Sixteen.
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
,-,4;:„:-. 11.404.4G_ BAC�i
.-.,., CITY OF VIRGINIA BEACH
. .. ```' . INTER-OFFICE CORRESPONDENCE
t- U
`
OF `OUR NATION
In Reply Refer To Our File No. DF-9545
DATE: June 21, 2016
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson DEPT: City Attorney
RE: Conditional Zoning Application; Old Dominion Tobacco Company, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 5, 2016. I have reviewed the subject proffer agreement, dated
January 30, 2016 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
OLD DOMINION TOBACCO COMPANY, INCORPORATED, a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 30th day of January, 2016, by and between OLD
DOMINION TOBACCO COMPANY, INCORPORATED, a Virginia corporation, Grantor; and
THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS,the Grantor is the owner of three (3) contiguous parcels of property located
in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 16.12
acres and described in Exhibit "A" attached hereto and incorporated herein by this reference.
The parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the
"Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the
Zoning Classification of the Property from I-1 Industrial District and B-2 Commercial District
to Conditional A-18 Apartment District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
Property and at the same time to recognize the effects of change, and the need for various types
of uses, certain reasonable conditions governing the use of the Property for the protection of
GPIN: 1467-58-7545-0000 (Part of)
1467-57-5967-0000 (Part of)
1467-57-1872-0000
Prepared By:
R.Edward Bourdon,Jr.,Esquire
VSB#22160
Sykes,Bourdon,Ahern&Levy,P.C.
281 Independence Boulevard
Pembroke One,Fifth Floor
Virginia Beach,Virginia 23462
the community that are not generally applicable to land similarly zoned are needed to cope
with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing,in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall
Zoning Ordinance, the following reasonable conditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the Zoning
Map relative and applicable to the Property, which has a reasonable relation to the rezoning
and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
assigns, grantee, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby make the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation, and use of the Property and hereby
covenant and agree that this declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantor, its successors, personal representatives, assigns, grantee, and other
successors in interest or title:
1. When the Property is developed, it shall be as a 282 unit multifamily residential
community substantially in accordance with the "CONCEPTUAL LAYOUT PLAN OF MEZZO
APARTMENT HOMES, VIRGINIA BEACH, VIRGINIA", dated 1/28/16, prepared by MSA,
P.C., which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (the"Concept Plan").
2. When the Property is developed, it will be fenced,landscaped and have entrance
signage substantially as depicted and described on the three (3) exhibits labeled "OVERALL
FENCING & LANDSCAPING PLAN (Sheets L.1.1, L.1.2 and L.1.3)" and the exhibit labeled
"SITE DETAILS" (Sheet SD2-1), prepared by Siska Aurand which are contained in the twelve
(12) page development manual entitled "MEZZO Apartment Homes, 5426 VIRGINIA BEACH
BLVD., VIRGINIA BEACH,VIRGINIA", dated 01.30.16 copies of which have been exhibited to
the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
(the "Manual").
2
3. Vehicular Ingress and Egress shall be limited to one (1) entrance from the
Virginia Beach Boulevard and a second emergency only access via an improved ingress/egress
easement across the east side of the Grantor's adjacent property substantially as depicted on
the Concept Plan.
4. The total number of dwelling units permitted to be constructed on the Property
shall not exceed two hundred eighty-two (282).
5. When the Property is developed, the clubhouse and pool area at the entry to the
community shall be developed substantially in accordance with the layout as depicted on the
exhibit labeled "SITE PLAN", prepared by TS3 Architects, PC and dated 01.30.16, which is
contained in the Manual which shall supersede the Concept Plan in this one area. The
Clubhouse shall have the architectural design, appearance and exterior building materials
substantially as depicted and described on the three (3) exhibits labeled "CLUBHOUSE
ELEVATIONS", "CLUBHOUSE, EXTERIOR FINISH LEGEND" and "CLUBHOUSE
RENDERINGS", prepared by TS3 Architects, PC and dated 01.30.16, which are contained in
the Manual.
6. When the Property is developed, the Apartment Buildings shall have the
architectural design, appearance and exterior building materials substantially as depicted and
described on the three (3) exhibits labeled "APARTMENT - ELEVATIONS", "APARTMENT
EXTERIOR FINISH LEGEND" and "APARTMENT RENDERINGS", prepared by TS3
Architects, PC and dated 01.30.16, as contained in the Manual.
7. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and specifically
repeals such conditions. Such conditions shall continue despite a subsequent amendment to
the Zoning Ordinance even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance until specifically repealed.
The conditions, however, may be repealed, amended, or varied by written instrument recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by
the record owner of the Property at the time of recordation of such instrument, provided that
said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
3
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied;
and (b) to bring legal action or suit to insure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence
of conditions attaching to the zoning of the Property, and the ordinances and the conditions
may be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the
Grantor and the Grantee.
4
JN-29-2016 15:55 From: To:757 499 0984 F.5%5
WITNESS die lulluvviu signature and seal:
(;raptor:
Old I)nminion 'robacco (_'ompally, Incorporated, a
Virginia corporation
F.44.._
(SEAL)
obit' D. Ray, President V
STATE OF VIRGINIA
CITY OF VA- t .Ac1..-/ , to-wit:
friregoinp instr1.mirnt was a�-kimwli_dgi t1 1u-frire me this 1 sr play of
� '.:if acy , 2016, by Robin D. Ray, President of Old Dor�iinion Tobacco Company,
Incorporated, a Virginia corporation,Grantor.
0,../.....____c____-6-L-7. (:----IL--A___e_ III/Ilf lfe
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Notary Public
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My COM mission Expires: j�3 t , ��' 'MR CG#7530136 : ?
Notary Registration Number: 13 . . EXPRE3 ION.'7.
5/31/2 •
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JON-29-2016 10:01 97% P.O
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE:
ALL THAT certain tract, piece or parcel of land, lying, situate and being in the Bayside
Borough of the City of Virginia Beach, Virginia, containing 12.24 acres of land, more or less,
together with the buildings and improvements thereon, and the appurtenances thereunto
belonging, and more particularly described on a plat made by C.A. Bamforth, Surveyor, dated
February 1951, entitled "Plat of Property of R.N. & Annie S. Harrison, Part of Section 8,
Browne Estate, Princess Anne County, Virginia for P.R. Corkin", which plat is duly of record in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 26,
Page 63, reference to which plat is hereby made for a more particular description of the
property.
LESS AND EXCEPT a portion of said Property containing 23,865 square feet or 0.55 acres
along its southeastern boundary which is more particularly described as follows:
BEGINNING at a point on the north right of way line of Virginia Beach Boulevard said point
being at its intersection with the property line between property now or formerly owned by 195
Associates, having a current street address of 5444 Virginia Beach Boulevard, Virginia Beach,
Virginia (D.B. 2389, P. 803) and property owned by Old Dominion Tobacco Company,
Incorporated; thence along the north right of way line of Virginia Beach Boulevard bearing S
59° oo' 00" E, a distance of 244.0' to a point; thence along a line bearing N 27° 10' 30" E, a
distance of 842.o' more or less to a point at the TRUE POINT OF BEGINNING of this excepted
portion; thence along a line bearing S 59° oo' 00" E, a distance of 347.o' more or less to a
point; thence along a line bearing N 17° 02' 39" E, a distance of 92.o' more or less to a point;
thence along a line bearing N 62° 45' 30"W, a distance of 332.0' more or less to a point; thence
along a line bearing S 27° 1o' 3o" W, a distance of 70.o' more or less of the True Point of
Beginning.
TOGETHER with the right of ingress and egress over a twenty foot right of way that runs from
the north side of Virginia Beach Boulevard to appoint approximately 898 feet (erroneously
stated to be 567.9 feet in the Deed) to the southeast corner of the 12.24 acre tract above
described and hereby conveyed, as shown on plat recorded in Map Book 26, Page 63 and in
Deed Book 1034, at Page 53.
GPIN: 1467-58-7545-0000 (Part of)
PARCEL TWO:
ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, being a part of Section #8, as shown on the Plat of the Browne Estate, made by S.F.
Day, C.E. in April 1899, duly recorded in the Clerk's Office of the Circuit Court of the City of
6
Virginia Beach, Virginia, in Map Book 1, at Page 5, which portion of said property containing
approximately 5.12 acres is more particularly described as follows:
BEGINNING at the True Point of Beginning on the north right of way line of Virginia Beach
Boulevard said point being at its intersection with the property line between property now or
formerly owned by 195 Associates, having a current street address of 5444 Virginia Beach
Boulevard, Virginia Beach, Virginia (D.B. 2389, P. 803) and property now owned by Old
Dominion Tobacco Company, Incorporated; thence along a line bearing 27° 10' 30" E, a
distance of 723.68'to a point; thence along a line bearing 27° 17' 27" E, a distance of 116.12' to a
point; thence along a line bearing S 59° oo' oo" E, a distance of 244.9o' to appoint; thence
along a line bearing S 27° 10' 30" W, a distance of 842.0' more or less to a point on the north
right of way line of Virginia Beach Boulevard; thence along the north right of way line of
Virginia Beach Boulevard bearing N 59° oo' 00" W, a distance of 244.0' more or less to the
True Point of Beginning on the north right of way line of Virginia Beach Boulevard.
GPIN: 1467-57-5967-0000 (Part of)
PARCEL THREE:
ALL THAT certain lot, piece or parcel of land located in the City of Virginia Beach, Virginia,
together with the improvements constructed thereon and the appurtenances thereunto
belonging, described as follows:
Beginning at a point at the northwest corner of Section 8, said point also being the southwest
corner of Section 10, and the eastern line of Section 7, as shown on a certain plat entitled "Plan
of Browne Estate", dated April 1899, and recorded in Map Book 1, Pages 5A and 5B, in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence from said point
of beginning and running along the southern boundary of Section 10, Plan of the Browne
Estate S 59° oo' oo", 8.00' to appoint; thence turning and running S 27° 10' oo" W, 1,040.00'
to a point; thence turning and running S 59° oo' 00" E, 20.00' to a point; thence turning and
running S 27° 10' 00"W, 898.00'to appoint in the northern right of way line of London Bridge
Turnpike (now known as Virginia Beach Boulevard); thence turning and running along the
northern line of London Bridge Turnpike (now known as Virginia Beach Boulevard) as shown
on the Plan of Browne Estate N 59° oo' 00" W, 28.00' to a point at the southwest corner of
Section 8, which point is the southeast corner of Section 7, Plan of Browne Estate; thence
turning and running along the western boundary of Section 8, and the eastern boundary of
Section 7, N 27° 10' oo" E, 1,938.00' to the point of beginning, containing 0.767 acre, more or
less.
LESS AND EXCEPT that portion of property conveyed to the Commonwealth of Virginia by
instrument recorded in Deed Book 2887, at Page 1652 containing 0.039 acre, more or less.
LESS AND EXCEPT that portion of property conveyed to the Commonwealth of Virginia by
instrument recorded in Deed Book 3601, at Page 895.
GPIN: 1467-57-1872-0000
H:\AM\Conditional Rezoning\Old Dominion Tobacco Do\Proffer.doc
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53
ITEM VI-K
APPOINTMENTS ITEM#66142
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
CLEAN COMMUNITY COMMISSION
COMMUNITY POLICY and MANAGEMENT TEAM (CSA AT RISK)
PUBLIC LIBRARY BOARD
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting.• 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
54
ITEM VI-K
APPOINTMENTS ITEM#66143
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
JO JO ORENCIA
Three year term 07/01/2016—03/31/2019
HUMAN RIGHTS COMMISSION
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
55
ITEM VI-K
APPOINTMENTS ITEM#66144
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
JILL EWELL
Three year term 09/01/2016—08/31/2019
PARKS AND RECREATION COMMISSION
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
56
ITEM VI-K
APPOINTMENTS ITEM#66145
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
KIM THUMEL
Three year term 09/01/2016—08/31/2019
REVIEW AND ALLOCATION COMMITTEE(COG)
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
57
ITEM VI-K
APPOINTMENTS ITEM#66146
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
JENEFER SNYDER
Four year term 07/01/2016—06/30/2020
and
REVISED THE TERMS:
JASON BARNEY
NAOMI ESTARIS
JOSEPH A. VOORHEES
One year term 07/01/2016—06/30/2017
GEORGIA ALLEN
KYLE D.KORTE
PEGGY LAYNE
MARTHA McCLEES
Two year term 07/01/2016—06/30/2018
CYNTHIA AROCHO
EDWINA BERGANO
DANIEL D.EDWARDS
CHERYL SNOWDEN
Three year term 07/01/2016—06/30/2019
ERICA CUFFEE
CAROL CURTIS
KAREN KWASNY
Four year term 07/01/2016—06/30/2020
2040 VISION TO ACTION COMMUNITY COALITION
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
58
ITEM VI-K
APPOINTMENTS ITEM#66147
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
JOHNS. GEORGHIOU
ROBERT S.MILLER
RONALD RIPLEY
Four year term 10/01/2016—09/30/2020
WORKFORCE HOUSING ADVISORY BOARD
Voting: 11-0
Council Members Voting Aye:
M. Benjamin Davenport, Robert M. Dyer, Barbara M Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
July 5, 2016
59
Item -V-O
ADJOURNMENT ITEM#66148
Mayor William D. Sessoms, Jr., DECLARED the City Council ADJOURNED at 6:06 P.M.
7/1i)1Q_
Amanda Finley- arnes, Ank
Chief Deputy City Clerk
'uth Hodges' racer, MMC William D. Sessoms, Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
July 5, 2016
60
PUBLIC DIALOGUE
William Bailey, 211 24th Street, Phone: 288-5761, President of the Virginia Beach Professional
Firefighters, expressed concern regarding two families that are, in his opinion, abusing the role of the
Fire Department and the City. These two families call for non-emergency "lift assistance"multiple times
per day to move a resident from one place in the residential home to another, i.e.from the bed to a chair.
Mr. Bailey has received concerns from the Fireman that are asked to perform this duty multiple times
each day and, as such, it is his responsibility to bring it to the attention of the City Council. They will
continue the practice until some direction is given otherwise.
The Public Dialogue re Non Agenda Items concluded at 6:15
July 5, 2016